Code Section 754 Adjustments. To the extent an adjustment to the adjusted tax basis of any Company asset pursuant to Section 734(b) or 743(b) of the Code is required, pursuant to Regulations Section 1.704-1(b)(2)(iv)(m), to be taken into account in determining Capital Accounts, the amount of such adjustment to the Capital Accounts shall be specially allocated to the Members in a manner consistent with the manner in which their Capital Accounts are required to be adjusted pursuant to such Section of the Regulations.
Appears in 11 contracts
Sources: Limited Liability Company Agreement (Sunstone Hotel Investors, Inc.), Limited Liability Company Agreement (Sunstone Hotel Investors, Inc.), Limited Liability Company Agreement (Sunstone Hotel Investors, Inc.)
Code Section 754 Adjustments. To the extent an adjustment to the adjusted tax basis of any Company asset pursuant to Code Section 734(b) or Code Section 743(b) of the Code is required, pursuant to the Regulations Section 1.704-1(b)(2)(iv)(m), to be taken into account in determining Capital Accounts, the amount of such adjustment to the Capital Accounts 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 shall be specially allocated to the Members in a manner consistent with the manner in which their Capital Accounts are required to be adjusted pursuant to such Section of the Regulations.
Appears in 3 contracts
Sources: Operating Agreement (TASCR Ventures, LLC), Operating Agreement (Workhorse Group Inc.), Operating Agreement (Diamond Resorts Parent, LLC)
Code Section 754 Adjustments. To the extent an adjustment to the adjusted tax basis of any Company asset Asset pursuant to Section 734(b) or 743(b) of the Code is required, pursuant to Regulations Section 1.704-1(b)(2)(iv)(m), to be taken into account in determining the Capital Accounts, the amount of such adjustment to the Capital Accounts treated as an item of gain or loss shall be specially allocated to the Members Shareholder in a manner consistent with the manner in which their the Capital Accounts are required to be adjusted pursuant to such Treasury Regulation Section of the Regulations.1.704-1(b)(2)(iv)(m);
Appears in 2 contracts
Sources: Limited Liability Company Agreement (Kaneb Services LLC), Limited Liability Company Agreement (Kaneb Services LLC)
Code Section 754 Adjustments. To the extent an adjustment to the adjusted tax basis of any Company asset pursuant to Code Section 734(b) or Code Section 743(b) of the Code is required, pursuant to Regulations Section 1.704-1(b)(2)(iv)(m), to be taken into account in determining Capital Accounts, the amount of such adjustment to the Capital Accounts shall be specially allocated to treated as an item of gain (if the Members in a manner consistent with adjustment increases the manner in which their Capital Accounts are required to be adjusted pursuant to such Section basis of the Regulations.asset) or loss (if the adjustment decreases such basis), and such gain or
Appears in 2 contracts
Sources: Operating Agreement (Medcath Corp), Operating Agreement (Medcath Corp)
Code Section 754 Adjustments. To the extent an adjustment to the adjusted tax basis of any Company LLC asset pursuant to Section Sec. 734(b) or 743(b) of the Code is required, pursuant to Regulations Section Sec. 1.704-1(b)(2)(iv)(m), ) to be taken into account in determining Capital Accounts, the amount of such adjustment to increases the Capital Accounts basis of the asset) or loss (if the adjustment decreases such basis), and such item of gain or loss shall be specially allocated to the Members in a manner consistent with the manner in which their Capital Accounts are required to be adjusted pursuant to such Section section of the Regulations.
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