Common use of Certain Additional Adjustments Clause in Contracts

Certain Additional Adjustments. To the extent that an adjustment to the adjusted tax basis of any Company asset pursuant to Code Section 734(b) or Code Section 743(b) is required, pursuant to Treasury Regulations Section 1.704-1(b)(2)(iv)(m)(2) or Treasury Regulations Section 1.704-1(b)(2)(iv)(m)(4), to be taken into account in determining Capital Accounts, the amount of such adjustment to the Capital Accounts will be treated as an item of gain (if the adjustment increases the basis of the asset) or loss (if the adjustment decreases such basis), and such gain or loss will be specially allocated to the Members in accordance with their Interests in the Company in the event that Treasury Regulations Section 1.704-1(b)(2)(iv)(m)(2) applies, or to the Members to whom such distribution was made in the event that Treasury Regulations Section 1.704-1(b)(2)(iv)(m)(4) applies.

Appears in 4 contracts

Sources: Limited Liability Company Agreement (TW Southcross Aggregator LP), Limited Liability Company Agreement (EIG BBTS Holdings, LLC), Limited Liability Company Agreement (EIG BlackBrush Holdings, LLC)

Certain Additional Adjustments. To the extent that an adjustment to the adjusted tax basis of any Company asset pursuant to Code Section 734(b) or Code Section 743(b) is required, pursuant to Treasury Regulations Section 1.704-1(b)(2)(iv)(m)(2) or Treasury Regulations Section 1.704-1(b)(2)(iv)(m)(4), to be taken into account in determining Capital AccountsAccounts as the result of a distribution to a Member in complete liquidation of its Membership Interest, the amount of such adjustment to the Capital Accounts will shall be treated as an item of gain (if the adjustment increases the basis of the asset) or loss (if the adjustment decreases such basis), and such gain or loss will shall be specially allocated to the Members in accordance with their Membership Interests in the Company in the event that Treasury Regulations Section 1.704-1(b)(2)(iv)(m)(2) applies, or to the Members to whom such distribution was made in the event that Treasury Regulations Section 1.704-1(b)(2)(iv)(m)(4) applies.

Appears in 4 contracts

Sources: Operating Agreement (Pebblebrook Hotel Trust), Operating Agreement (Pebblebrook Hotel Trust), Operating Agreement (Pebblebrook Hotel Trust)

Certain Additional Adjustments. To the extent that an adjustment to the adjusted tax basis of any Company asset pursuant to Code Section 734(b) or Code Section 743(b) is required, pursuant to Treasury Regulations Section 1.704-1(b)(2)(iv)(m)(2) or Treasury Regulations Section 1.704-1(b)(2)(iv)(m)(4), to be taken into account in determining Capital AccountsAccounts as the result of a distribution to a Member in complete liquidation of its Interest, the amount of such adjustment to the Capital Accounts will be treated as an item of gain (if the adjustment increases the basis of the asset) or loss (if the adjustment decreases such basis), and such gain or loss will be specially allocated to the Members in accordance with their Interests in the Company in the event that Treasury Regulations Section 1.704-1(b)(2)(iv)(m)(2) applies, or to the Members to whom such distribution was made in the event that Treasury Regulations Section 1.704-1(b)(2)(iv)(m)(4) applies.

Appears in 3 contracts

Sources: Limited Liability Company Agreement (Crestwood Midstream Partners LP), Limited Liability Company Agreement (Crestwood Midstream Partners LP), Limited Liability Company Agreement (Seaspan CORP)

Certain Additional Adjustments. To the extent that an adjustment to the adjusted tax basis of any Company asset property pursuant to Code Section 734(b) or Code Section 743(b) is required, pursuant to Treasury Regulations Section § 1.704-1(b)(2)(iv)(m)(2) or Treasury Regulations Section 1.704-1(b)(2)(iv)(m)(4(4), to be taken into account in determining Capital AccountsAccounts as the result of a distribution to a Member in complete liquidation of its interest in the Company, the amount of such adjustment to the Capital Accounts will shall be treated as an item of gain (if the adjustment increases the basis of the assetproperty) or loss (if the adjustment decreases such basis), and such gain or loss will shall be specially allocated to the Members in accordance with their Interests in the Company Section 6.2(a) in the event that Treasury the Regulations Section § 1.704-1(b)(2)(iv)(m)(2) applies, or to the Members to whom such distribution was made in the event that Treasury the Regulations Section § 1.704-1(b)(2)(iv)(m)(4) applies.

Appears in 3 contracts

Sources: Limited Liability Company Agreement, Limited Liability Company Agreement (CAESARS ENTERTAINMENT Corp), Limited Liability Company Agreement (Caesars Acquisition Co)

Certain Additional Adjustments. To the extent that an adjustment to the adjusted tax basis of any Company Partnership asset pursuant to Code Section 734(b) or Code Section 743(b) is required, pursuant to Treasury Regulations Section 1.704-1(b)(2)(iv)(m)(2) or Treasury Regulations Section 1.704-1(b)(2)(iv)(m)(4), to be taken into account in determining Capital Accounts, the amount of such adjustment to the Capital Accounts will be treated as an item of gain (if the adjustment increases the basis of the asset) or loss (if the adjustment decreases such basis), and such gain or loss will be specially allocated to the Members Partners in accordance with their Interests in the Company Partnership in the event that Treasury Regulations Section 1.704-1(b)(2)(iv)(m)(2) applies, or to the Members Partners to whom such distribution was made in the event that Treasury Regulations Section 1.704-1(b)(2)(iv)(m)(4) applies.

Appears in 3 contracts

Sources: Agreement of Limited Partnership (TW Southcross Aggregator LP), Agreement of Limited Partnership (EIG BBTS Holdings, LLC), Agreement of Limited Partnership (Southcross Energy LLC)

Certain Additional Adjustments. To the extent that an adjustment to the adjusted tax basis of any Company asset pursuant to consistent with Code Section 734(b) or Code Section 743(b) is required, pursuant to Treasury Regulations Section 1.704-1(b)(2)(iv)(m)(2) or Treasury Regulations Section 1.704-1(b)(2)(iv)(m)(4), to be taken into account in determining Capital AccountsAccounts as the result of a distribution to a Member in complete liquidation of its Units, the amount of such adjustment to the Capital Accounts will be treated as an item of gain (if the adjustment increases the basis of the asset) or loss (if the adjustment decreases such basis), and such gain or loss will be specially allocated to the Members in accordance with their Interests Units in the Company in the event that Treasury Regulations Section 1.704-1(b)(2)(iv)(m)(2) applies, or to the Members to whom such distribution was made in the event that Treasury Regulations Section 1.704-1(b)(2)(iv)(m)(4) applies.

Appears in 2 contracts

Sources: Limited Liability Company Agreement (Signal Genetics LLC), Limited Liability Company Agreement (Signal Genetics LLC)

Certain Additional Adjustments. To the extent that an adjustment to the adjusted tax basis of any Company asset property pursuant to Code Section 734(b) or Code Section 743(b) is required, pursuant to Treasury Regulations Section § 1.704-1(b)(2)(iv)(m)(2) or Treasury Regulations Section 1.704-1(b)(2)(iv)(m)(4(4), to be taken into account in determining Capital AccountsAccounts as the result of a distribution to a Member in complete liquidation of its interest in the Company, the amount of such adjustment to the Capital Accounts will shall be treated as an item of gain (if the adjustment increases the basis of the assetproperty) or loss (if the adjustment decreases such basis), and such gain or loss will shall be specially allocated to the Members in accordance with their Interests in the Company Section 6.2(a) in the event that Treasury the Regulations Section 1.704-§ 1.704- 1(b)(2)(iv)(m)(2) applies, or to the Members to whom such distribution was made in the event that Treasury the Regulations Section § 1.704-1(b)(2)(iv)(m)(4) applies.

Appears in 1 contract

Sources: Limited Liability Company Agreement