Common use of Company Minimum Gain Chargeback Clause in Contracts

Company Minimum Gain Chargeback. If there is a net decrease in Company Minimum Gain during any Company fiscal year, each Member shall be allocated items of income and gain for such fiscal year (and, if necessary, for subsequent fiscal years) in proportion to and to the extent of, an amount equal to such Member’s share of the net decrease in Company Minimum Gain, in accordance with Treasury Regulation section 1.704-2(f) and (g).

Appears in 4 contracts

Samples: Operating Agreement (New York Times Co), Registration Rights Agreement (Forest City Enterprises Inc), Registration Rights Agreement (Forest City Enterprises Inc)

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Company Minimum Gain Chargeback. If there is a net decrease in Company Minimum Gain during any a Company fiscal taxable year, then each Member shall be allocated items of Company income and gain for such fiscal taxable year (and, if necessary, for subsequent fiscal years) in proportion to and to the extent of, an amount equal to such Member’s share of the net decrease in Company Minimum Gain, determined in accordance with Section 1.704-2(g)(2) of the Treasury Regulation section Regulations. This Section 6.3(b)(iii) is intended to comply with the minimum gain chargeback requirement of Sections 1.704-2(f) of the Treasury Regulations and (g)shall be interpreted consistently therewith.

Appears in 3 contracts

Samples: Limited Liability Company Operating Agreement (RHI Entertainment, Inc.), Limited Liability Company Operating Agreement (RHI Entertainment, Inc.), Limited Liability Company Operating Agreement (RHI Entertainment, Inc.)

Company Minimum Gain Chargeback. If there is a net decrease in Company Minimum Gain during any Company fiscal yearfor a Taxable Year, each Member shall must be allocated items of income and gain for such fiscal year (and, if necessary, for subsequent fiscal years) in proportion to and to the extent of, an amount that Taxable Year equal to such that Member’s share of the net decrease in Company Minimum Gain, gain as determined in accordance with Treasury Regulation section Regulations Section 1.704-2(f) and (g)2.

Appears in 1 contract

Samples: Operating Agreement (Getty Investments LLC)

Company Minimum Gain Chargeback. If there is a net decrease in Company Minimum Gain during any Company fiscal yearFiscal Year, except as provided in Regulation Section 1.704-2(f), each Member shall be allocated items of income and gain for such fiscal year Fiscal Year (and, if necessary, for subsequent fiscal yearsFiscal Years) in proportion to to, and to the extent of, an amount equal to such Member’s share of the net decrease in Company Minimum Gain, Gain during such Fiscal Year determined in accordance with Treasury Regulation section Section 1.704-2(g). This provision is intended to comply with the minimum gain chargeback requirement of Regulation Section 1.704-2(f) and (g)shall be interpreted consistently therewith.

Appears in 1 contract

Samples: Limited Liability Company Agreement (NRG Retail LLC)

Company Minimum Gain Chargeback. If there is a net decrease in Company Minimum Gain during any Company fiscal yearTaxable Year, each Member shall be specially allocated items of taxable income and or gain for such fiscal year Taxable Year (and, if necessary, for subsequent fiscal yearsTaxable Years) in proportion to and to the extent of, an amount equal to such Member’s share of the net decrease in Company Minimum Gain, determined in accordance with Treasury Regulation section Section 1.704-2(f2(g). The items to be so allocated shall be determined in accordance with Treasury Regulation Sections 1.704-2(f)(6) and (g).and

Appears in 1 contract

Samples: Limited Liability Company Agreement (Centerpoint Properties Trust)

Company Minimum Gain Chargeback. If there is a net decrease in Company Minimum Gain during any Company a fiscal year, each Member shall be allocated allocated, before any other allocation under this Section, items of Company income and gain for such fiscal year (and, if necessary, for subsequent fiscal years) in proportion to and to the extent of, an amount equal to such Member’s 's share of the net decrease in Company Minimum Gain, Gain as determined in accordance with Treasury Regulation section Regulations Section 1.704-2(f) and (g2(g)(2).

Appears in 1 contract

Samples: Operating Agreement (Natural Alternatives International Inc)

Company Minimum Gain Chargeback. If Notwithstanding any other provision of this Section 4, if there is a net decrease in Company Minimum Gain during any Company fiscal year, each Member shall be specially allocated items of Company income and gain for such fiscal year (and, if necessary, for subsequent fiscal years) in proportion to and to the extent of, an amount equal to such Member’s 's share of the net decrease in Company Minimum Gain, determined in accordance with Treasury Regulation section Regulations Section 1.704-2(f) and (g2(g)(2).

Appears in 1 contract

Samples: Operating Agreement (NNN 2003 Value Fund LLC)

Company Minimum Gain Chargeback. If Except as otherwise provided in Section 1.704-2(f) of the Regulations, in the event there is a net decrease in Company Minimum Gain during any a Company fiscal taxable year, each Member shall be allocated items of income and gain for such fiscal year (and, if necessary, for subsequent fiscal years) in proportion to and to the extent of, an amount equal to such that Member’s 's share of the net decrease in Company Minimum Gain, in accordance with Treasury Regulation section 1.704-2(f) and (g).

Appears in 1 contract

Samples: Limited Liability Company Agreement (Trimedia Entertainment Group Inc)

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Company Minimum Gain Chargeback. If there is a net decrease in Company Minimum Gain during any Company fiscal year, each Member shall be specially allocated items of Company income and gain for such fiscal year (and, if necessary, for subsequent fiscal years) in proportion to and to the extent of, an amount equal to such Member’s share of the net decrease in Company Minimum Gain, determined in accordance with Treasury Regulation section Regulations Section 1.704-2(f) and (g2(g)(2).. This Section

Appears in 1 contract

Samples: Limited Liability Company Agreement

Company Minimum Gain Chargeback. If there is a net decrease in Company Minimum Gain during any for a Company fiscal taxable year, then each Member shall be allocated items of income and gain for such fiscal year (and, if necessary, for subsequent fiscal years) in proportion to the manner and to the extent of, an amount equal to such Member’s share of the net decrease in Company Minimum Gain, in accordance with Treasury Regulation section required by Regulations Section 1.704-2(f) and (g).

Appears in 1 contract

Samples: Operating Agreement (American Shared Hospital Services)

Company Minimum Gain Chargeback. If there is a net decrease in Company Minimum Gain during any Company a fiscal year, each Member shall be allocated allocated, before any other allocation under this Section, items of Company income and gain for such the fiscal year (and, if necessary, for subsequent fiscal years) in proportion to and to the extent of, an amount equal to such that Member’s share of the net decrease in Company Minimum Gain, Gain as determined in accordance with Treasury Regulation section §1.704-2(f) and (g2(g)(2).

Appears in 1 contract

Samples: Limited Liability Company Agreement (Aemetis, Inc)

Company Minimum Gain Chargeback. If there is a net decrease in Company Minimum Gain during any Company a fiscal year, each Member shall be allocated allocated, before any other allocation under this Section, items of Company income and gain for such fiscal year (and, if necessary, for subsequent fiscal years) in proportion to and to the extent of, an amount equal to such Member’s share of the net decrease in Company Minimum Gain, Gain as determined in accordance with Treasury Regulation Reg section 1.704-2(f) and (g2(g)(2).

Appears in 1 contract

Samples: Operating Agreement (Raybor Management Inc)

Company Minimum Gain Chargeback. If there is Company Minimum Gain has a net decrease in Company Minimum Gain during any Company fiscal taxable year, each Member shall be allocated the Company will allocate items of income and gain for such fiscal year (and, if necessary, for subsequent fiscal years) to each Member in proportion to and to the extent of, an amount equal to such Member’s share of the net decrease in Company Minimum Gain, in accordance with Treasury Regulation section amounts required by Regulations Sections 1.704-2(f) and (g1.704-2(g)(2).

Appears in 1 contract

Samples: Operating Agreement (President Casinos Inc)

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