Common use of Company Minimum Gain Chargeback Clause in Contracts

Company Minimum Gain Chargeback. Notwithstanding the other provisions of this Section 5.1, if there is a net decrease in Company Minimum Gain during any Fiscal Year, each Member shall be allocated items of Company income and gain for such taxable period (and, if necessary, subsequent taxable periods) in the manner and amounts provided in Treasury Regulation sections 1.704-2(f)(6) and (g)(2) and section 1.704-2(j)(2)(i), or any successor provisions. This Section 5.1(b)(i) is intended to comply with the Company Minimum Gain chargeback requirement in Treasury Regulation section 1.704-2(f) and shall be interpreted consistently therewith.

Appears in 4 contracts

Samples: Limited Liability Company Agreement (Vine Energy Inc.), Limited Liability Company Agreement (Vine Resources Inc.), Limited Liability Company Agreement (Vine Resources Inc.)

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Company Minimum Gain Chargeback. Notwithstanding the other provisions of this Section 5.15,1, if there is a net decrease in Company Minimum Gain during any Fiscal Year, each Member shall be allocated items of Company income and gain for such taxable period (and, if necessary, subsequent taxable periods) in the manner and amounts provided in Treasury Regulation sections 1.704-2(f)(6) and (g)(2) and section 1.704-1.704- 2(j)(2)(i), or any successor provisions. This Section 5.1(b)(i5,l(b)(i) is intended to comply with the Company Minimum Gain chargeback requirement in Treasury Regulation section 1.704-1.704- 2(f) and shall be interpreted consistently therewith.

Appears in 2 contracts

Samples: Limited Liability Company Agreement (SilverSun Technologies, Inc.), Limited Liability Company Agreement (SilverSun Technologies, Inc.)

Company Minimum Gain Chargeback. Notwithstanding the any other provisions provision of this Section 5.15.5, if there is a net decrease in Company Minimum Gain during any Fiscal YearCompany fiscal year, each Member shall be specially allocated items of Company income and gain for such taxable period year (and, if necessary, for subsequent taxable periodsyears) in the manner and amounts provided in Treasury Regulation sections accordance with Section 1.704-2(f)(62(f)(1) and of the Treasury Regulations in an amount equal to such Member’s share of the net decrease in Company Minimum Gain (g)(2) and section determined in accordance with Section 1.704-2(j)(2)(i2(g)(2) of the Treasury Regulations), or any successor provisions. This Section 5.1(b)(i5.5(a) is intended to comply with the Company Minimum Gain minimum gain chargeback requirement in the Treasury Regulation section 1.704-2(f) Regulations and shall be interpreted consistently therewith.

Appears in 2 contracts

Samples: Operating Agreement (Husker Ag LLC), Operating Agreement

Company Minimum Gain Chargeback. Notwithstanding the other provisions of this Section 5.15.01 or 9.02(a), except as provided in Treasury Regulation Section 1.704-2(f), if there is a net decrease in Company Minimum Gain during any Fiscal YearCompany taxable period, each Member shall be allocated items of Company income and gain for such taxable period (and, if necessary, necessary subsequent taxable periods) in the manner and in the amounts provided in Treasury Regulation sections Sections 1.704-2(f)(6) and (g)(2) and section ), 1.704-2(j)(2)(i2(g)(2), 1.704‑2(j)(2)(i) or any successor provisions. This Section 5.1(b)(i5.01(b)(i) is intended to comply with the Company Minimum Gain minimum gain chargeback requirement in Treasury Regulation section Section 1.704-2(f) and shall be interpreted consistently therewith.

Appears in 2 contracts

Samples: Limited Liability Company Agreement (Pattern Energy Group Inc.), Limited Liability Company Agreement (Pattern Energy Group Inc.)

Company Minimum Gain Chargeback. Notwithstanding the other provisions of this Section 5.1, if there is a net decrease in Company Minimum Gain during any Fiscal Year, each Member shall be allocated items of Company income and gain for such taxable period (and, if necessary, subsequent taxable periods) in the manner and amounts provided in Treasury Regulation sections 1.704-2(f)(6) and (g)(2) and section 1.704-2(j)(2)(i), or any successor provisions. This Section 5.1(b)(i5.1(c)(i) is intended to comply with the Company Minimum Gain chargeback requirement in Treasury Regulation section 1.704-2(f) and shall be interpreted consistently therewith.

Appears in 2 contracts

Samples: Limited Liability Company Agreement (Sanchez Energy Corp), Production Marketing Agreement (Sanchez Energy Corp)

Company Minimum Gain Chargeback. Notwithstanding the other provisions of this Article IV, except as provided in Treasury Regulation Section 5.11.704-2(f), if there is a net decrease in Company Minimum Gain during any Fiscal Taxable Year, each Member shall be allocated items of Company income and gain for such taxable period (and, if necessary, subsequent taxable periods) in the manner and amounts provided in Treasury Regulation sections 1.704-2(f)(6) and (g)(2) and section 1.704-2(j)(2)(i), or any successor provisions. This Section 5.1(b)(i) is intended to comply with the Company Minimum Gain chargeback requirement in Treasury Regulation section 1.704-2(f) and shall be interpreted consistently therewith.shall

Appears in 2 contracts

Samples: Operating Agreement (Bloom Energy Corp), Operating Agreement (Bloom Energy Corp)

Company Minimum Gain Chargeback. Notwithstanding the other provisions of this Section 5.1B1.3, if there is a net decrease in Company Minimum Gain during any Fiscal YearCompany taxable period, each Member shall be allocated items of Company income and gain for such taxable period (and, if necessary, subsequent taxable periods) in the manner and amounts provided in Treasury Regulation sections 1.704-2(f)(6) and (g)(2) and section 1.704-2(j)(2)(i), or any successor provisions. This Section 5.1(b)(iB1.3(c)(i) is intended to comply with the Company Minimum Gain chargeback requirement in Treasury Regulation section 1.704-2(f) and shall be interpreted consistently therewith.

Appears in 2 contracts

Samples: Limited Liability Company Agreement (Crestwood Midstream Partners LP), Limited Liability Company Agreement (Inergy Storage, Inc.)

Company Minimum Gain Chargeback. Notwithstanding the other provisions of this Except as otherwise provided in Treasury Regulations Section 5.11.704-2(f), if there is a net decrease in Company Minimum Gain during any Fiscal YearCompany taxable period, each Member shall be specially allocated items of Company income and gain for such taxable period (and, if necessary, subsequent taxable periods) in proportion to and to the manner and amounts provided extent of, an amount equal to the portion of such Member’s share of the net decrease in Company Minimum Gain, determined in accordance with Treasury Regulation sections Regulations Section 1.704-2(f)(6) and (g)(2) and section 1.704-2(j)(2)(i2(g), or any successor provisions. This Section 5.1(b)(i4.3(a)(i) is intended to comply with the Company Minimum Gain chargeback of items of income and gain requirement in Treasury Regulation section Regulations Section 1.704-2(f) and shall be interpreted consistently therewith.

Appears in 1 contract

Samples: Investors Real Estate Trust

Company Minimum Gain Chargeback. Notwithstanding the other provisions of this Section 5.15.01 or 9.02(a), except as provided in Treasury Regulation Section 1.704-2(f), if there is a net decrease in Company Minimum Gain during any Fiscal YearCompany taxable period, each Member shall be allocated items of Company income and gain for such taxable period (and, if necessary, subsequent taxable periods) in the manner and in the amounts provided in Treasury Regulation sections Sections 1.704-2(f)(6) and (g)(2) and section ), 1.704-2(j)(2)(i2(g)(2), 1.704‑2(j)(2)(i) or any successor provisions. This Section 5.1(b)(i5.01(b)(i) is intended to comply with the Company Minimum Gain minimum gain chargeback requirement in Treasury Regulation section Section 1.704-2(f) and shall be interpreted consistently therewith.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Pattern Energy Group Inc.)

Company Minimum Gain Chargeback. Notwithstanding the other provisions of this Section 5.15.01 or 9.02(a), except as provided in Treasury Regulation Section 1.704-2(f), if there is a net decrease in Company Minimum Gain during any Fiscal YearCompany taxable period, each Member shall be allocated items of Company income and gain for such taxable period (and, if necessary, subsequent taxable periods) in the manner and in the amounts provided in Treasury Regulation sections Sections 1.704-2(f)(6) and (g)(2) and section ), 1.704-2(g)(2), 1.704-2(j)(2)(i), ) or any successor provisions. This Section 5.1(b)(i5.01(b)(i) is intended to comply with the Company Minimum Gain minimum gain chargeback requirement in Treasury Regulation section Section 1.704-2(f) and shall be interpreted consistently therewith.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Pattern Energy Group Inc.)

Company Minimum Gain Chargeback. Notwithstanding the Except as otherwise provided in Treasury Regulation Section 1.704-2(f), notwithstanding any other provisions provision of this Section 5.15.2, if there is a net decrease in Company Minimum Gain during any Fiscal Yeartaxable year or other period for which allocations are made, each Member shall the Members will be specially allocated items of Company income and gain for such taxable that period (and, if necessary, subsequent taxable periods). The amount allocated to each Member under this Section 5.2(c)(1) will be an amount equal to the total net decrease in the manner and amounts provided in Treasury Regulation sections 1.704-2(f)(6) and (g)(2) and section 1.704-2(j)(2)(i), or any successor provisions. This Section 5.1(b)(i) is intended to comply with the Company Member’s Minimum Gain chargeback requirement in Treasury Regulation section 1.704-2(f) and shall Share at the end of the immediately preceding taxable year. The items to be interpreted consistently therewith.allocated will be

Appears in 1 contract

Samples: Limited Liability Company Agreement (Greenbrier Companies Inc)

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Company Minimum Gain Chargeback. Notwithstanding the other provisions of this Section 5.1D1.3, if there is a net decrease in Company Minimum Gain during any Fiscal YearCompany taxable period, each Member shall be allocated items of Company income and gain for such taxable period (and, if necessary, subsequent taxable periods) in the manner and amounts provided in Treasury Regulation sections 1.704-2(f)(6) and (g)(2) and section 1.704-2(j)(2)(i), or any successor provisions. This Section 5.1(b)(iD1.3(c)(i) is intended to comply with the Company Minimum Gain chargeback requirement in Treasury Regulation section 1.704-2(f) and shall be interpreted consistently therewith.

Appears in 1 contract

Samples: Limited Liability Company Agreement

Company Minimum Gain Chargeback. Notwithstanding the any other provisions provision of this Section 5.15.5, if there is a net decrease in Company Minimum Gain during any Fiscal YearCompany fiscal year, each Member shall be specially allocated items of Company income and gain for such taxable period year (and, if necessary, for subsequent taxable periodsyears) in the manner and amounts provided in Treasury Regulation sections accordance with Section 1.704-2(f)(62(f)(1) and of the Treasury Regulations in an amount equal to such Member's share of the net decrease in Company Minimum Gain (g)(2) and section determined in accordance with Section 1.704-2(j)(2)(i2(g)(2) of the Treasury Regulations), or any successor provisions. This Section 5.1(b)(i5.5(a) is intended to comply with the Company Minimum Gain minimum gain chargeback requirement in the Treasury Regulation section 1.704-2(f) Regulations and shall be interpreted consistently therewith.

Appears in 1 contract

Samples: Operating Agreement

Company Minimum Gain Chargeback. Notwithstanding Despite the other provisions of this Section 5.1, if there is a net decrease in Company Minimum Gain during any Fiscal YearCompany taxable period, each Member shall will be allocated items of Company income and gain for such the taxable period (and, if necessary, subsequent taxable periods) in the manner and amounts provided in Treasury Regulation sections Sections 1.704-2(f)(6) and (g)(2) and section Section 1.704-2(j)(2)(i), or any successor provisions. This Section 5.1(b)(i5.1(a)(i) is intended to comply with the Company Minimum Gain chargeback requirement in Treasury Regulation section Section 1.704-2(f) and shall will be interpreted consistently therewithwith that Section.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Unit Corp)

Company Minimum Gain Chargeback. Notwithstanding the any other provisions provision of this Section 5.15.5, if there is a net decrease in Company Minimum Gain during any Fiscal YearCompany tax year, each Member shall be specially allocated items of Company income and gain for such taxable period year (and, if necessary, for subsequent taxable periodsyears) in the manner and amounts provided in Treasury Regulation sections accordance with Section 1.704-2(f)(62(f)(1) and of the Treasury Regulations in an amount equal to such Member’s share of the net decrease in Company Minimum Gain (g)(2) and section determined in accordance with Section 1.704-2(j)(2)(i2(g)(2) of the Treasury Regulations), or any successor provisions. This Section 5.1(b)(i5.5(a) is intended to comply with the Company Minimum Gain minimum gain chargeback requirement in the Treasury Regulation section 1.704-2(f) Regulations and shall be interpreted consistently therewith.

Appears in 1 contract

Samples: Operating Agreement

Company Minimum Gain Chargeback. Notwithstanding the other provisions of this Section 5.1Article IV, except as provided in Regulations Sections 1.704-2(f), if there is a net decrease in Company Minimum Gain (as determined under Regulations Section 1.704-2(d)) during any Fiscal YearCompany taxable period, each Member Unit Holder shall be allocated items of Company income and gain for such taxable period (and, if necessary, subsequent taxable periods) in the manner and amounts provided in Treasury Regulation sections Regulations Sections 1.704-2(f)(6), 1.704-2(g)(2) and (g)(2) and section 1.704-2(j)(2)(i), or any successor provisions. This Section 5.1(b)(i4.3(a) is intended to comply with the Company Minimum Gain minimum gain chargeback requirement in Treasury Regulation section Section 1.704-2(f) of the Regulations and shall be interpreted consistently therewith.

Appears in 1 contract

Samples: Operating Agreement (Universal Outdoor Inc)

Company Minimum Gain Chargeback. Notwithstanding the any other provisions provision of this Section 5.1Agreement, if there is a net decrease in Company Minimum Gain during any Fiscal Yeartaxable year or other period, each Member shall be allocated items of Company income and gain for such taxable year or other period (and, if necessary, subsequent taxable years or other periods) in the manner and amounts provided in Treasury Regulation sections Sections 1.704-2(f)(6) and 2(f), (g)(2) and section 1.704-2(j)(2)(i(j)(2)(i), or any successor provisions. This Section 5.1(b)(i13(c)(i) is intended to comply with the Company Minimum Gain minimum gain chargeback requirement in Treasury Regulation section Section 1.704-2(f) and shall be interpreted consistently therewith.

Appears in 1 contract

Samples: Limited Liability Company Agreement (QTS Realty Trust, Inc.)

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