Common use of Company Minimum Gain Chargeback Clause in Contracts

Company Minimum Gain Chargeback. Notwithstanding the other provisions of this Section 4.1, except as provided in Regulation section 1.704-2(f)(2) through (5), if there is a net decrease in Company Minimum Gain during any Company taxable year, each Member shall be allocated items of Company income and gain for such period (and, if necessary, subsequent periods) in the manner and amounts provided in Regulation sections 1.704-2(f)(6) and (g)(2) and section 1.704-2(j)(2)(i), or any successor provisions. For purposes of this Section 4.1(d), each Member’s Adjusted Capital Account balance shall be determined, and the allocation of income or gain required hereunder shall be effected, prior to the application of any other allocations pursuant to this Section 4.1 with respect to such taxable year (other than an allocation pursuant to Section 4.1(h) or (i)).

Appears in 3 contracts

Samples: Limited Liability Company (Williams Partners L.P.), Limited Liability Company Agreement (Williams Partners L.P.), Limited Liability Company Agreement (ONEOK Partners LP)

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Company Minimum Gain Chargeback. Notwithstanding the other provisions of this Section 4.15.1, except as provided in Treasury Regulation section 1.704-2(f)(2) through (5), if there is a net decrease in Company Minimum Gain during any Company taxable yearperiod, each Member shall be allocated items of Company income and gain for such period (and, if necessary, subsequent 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. For purposes of this Section 4.1(d5.1(d), each Member’s 's Adjusted Capital Account balance shall be determined, and the allocation of income or gain required hereunder shall be effected, prior to the application of any other allocations pursuant to this Section 4.1 5.1 with respect to such taxable year period (other than an allocation pursuant to Section 4.1(h5.1(h) or (i)).

Appears in 2 contracts

Samples: Limited Liability Company Agreement (El Paso Energy Partners Lp), El Paso Energy Partners Lp

Company Minimum Gain Chargeback. Notwithstanding the other provisions of this Section 4.1, except as provided in Regulation section Regulations Sections 1.704-2(f)(2) through (5), if there is a net decrease in Company Minimum Gain during any Company taxable year, each Member shall be allocated items of Company income and gain for such period (and, if necessary, subsequent periods) in the manner and amounts provided in Regulation sections Regulations Sections 1.704-2(f)(6) and (g)(2) and section Section 1.704-2(j)(2)(i), or any successor provisions. For purposes of this Section 4.1(d), each Member’s Adjusted Capital Account balance shall be determined, and the allocation of income or gain required hereunder shall be effected, prior to the application of any other allocations pursuant to this Section 4.1 with respect to such taxable year (other than an allocation pursuant to Section 4.1(h) or (i)).

Appears in 2 contracts

Samples: Limited Liability Company Agreement (Atlas Pipeline Partners Lp), Limited Liability Company Agreement (Atlas Pipeline Holdings, L.P.)

Company Minimum Gain Chargeback. Notwithstanding the other provisions of this Section 4.1, except as provided in Regulation Regulations section 1.704-2(f)(2) through (5through(5), if there is a net decrease in Company Minimum Gain during any Company taxable year, each Member shall be allocated items of Company income and gain for such period (and, if necessary, subsequent periods) in the manner and amounts provided in Regulation Regulations sections 1.704-2(f)(6) and (g)(2) and section 1.704-2(j)(2)(i1.704(j)(2)(i), or any successor provisions. For purposes of this Section 4.1(d), each Member’s Adjusted Capital Account balance shall be determined, and the allocation of income or gain required hereunder shall be effected, prior to the application of any other allocations pursuant to this Section 4.1 with respect to such taxable year (other than an allocation pursuant to Section 4.1(h) or (i)).

Appears in 2 contracts

Samples: Limited Liability Company Agreement (DCP Midstream Partners, LP), Limited Liability Company Agreement (DCP Midstream Partners, LP)

Company Minimum Gain Chargeback. Notwithstanding the other provisions of this Section 4.1, except as provided in Regulation section 1.704-2(f)(2) through (5), if there is a net decrease in Company Minimum Gain during any Company taxable year, each Member shall be allocated items of Company income and gain for such period (and, if necessary, subsequent periods) in the manner and amounts provided in Regulation sections 1.704-2(f)(6) and (g)(2) and section 1.704-2(j)(2)(i), or any successor provisions. For purposes of this Section 4.1(d4.1(b)(ii), each Member’s Adjusted Capital Account balance shall be determined, and the allocation of income or gain required hereunder shall be effected, prior to the application of any other allocations pursuant to this Section 4.1 with respect to such taxable year (other than an allocation pursuant to Section 4.1(h4.1(b)(vi) or (ib)(vii)).

Appears in 2 contracts

Samples: Limited Liability Company Agreement (Williams Partners L.P.), Purchase and Sale Agreement (Williams Partners L.P.)

Company Minimum Gain Chargeback. Notwithstanding the other provisions of this Section 4.15.1, except as provided in Treasury Regulation section Section 1.704-2(f)(2) through (5), if there is a net decrease in Company Minimum Gain during any Company such taxable yearperiod, each Member shall will be allocated items of Company income and gain for such period (and, if necessary, subsequent periods) in the manner and amounts provided in Treasury Regulation sections Section 1.704-2(f)(6) and (g)(2) and section Section 1.704-2(j)(2)(i), or any successor provisions. For purposes of this Section 4.1(d5.1(d), each Member’s 's Adjusted Capital Account balance shall will be determined, and the allocation of income or gain required hereunder shall will be effected, prior to the application of any other allocations pursuant to this Section 4.1 5.1 with respect to such taxable year period (other than an allocation pursuant to Section 4.1(h5.1(h) or (i)).

Appears in 2 contracts

Samples: Acknowledgment and Acceptance Agreement (El Paso Corp/De), Acknowledgment and Acceptance Agreement (Enterprise Products Partners L P)

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Company Minimum Gain Chargeback. Notwithstanding the other provisions of this Section 4.15.01, except as provided in Treasury Regulation section 1.704-2(f)(2) through (5), if there is a net decrease in Company Minimum Gain during any Company taxable yearperiod, each Member shall be allocated items of Company income and gain for such period (and, if necessary, subsequent 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. For purposes of this Section 4.1(d5.01 (d), each Member’s 's Adjusted Capital Account balance shall be determined, and the allocation of income or gain required hereunder shall be effected, prior to the application of any other allocations pursuant to this Section 4.1 5.01 with respect to such taxable year period (other than an allocation pursuant to Section 4.1(h5.01(h) or (i)).

Appears in 1 contract

Samples: Limited Liability Company Agreement (El Paso Energy Partners Lp)

Company Minimum Gain Chargeback. Notwithstanding the other provisions of this Section 4.15.01, except as provided in Regulation section Treasury Regulations Section 1.704-2(f)(2) through (52(f), if there is a net decrease in Company Minimum Gain during any Company taxable yearperiod, each Member shall be allocated items of Company income and gain for such period (and, if necessary, necessary subsequent periods) in the manner and in the amounts provided in Regulation sections Treasury Regulations 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. For purposes of this Section 4.1(d)5.01, each Member’s Adjusted Capital Account balance shall be determined, and the allocation of income or gain required hereunder shall be effected, prior to the application of any other allocations pursuant to this Section 4.1 with respect to such taxable year (other than an allocation pursuant to Section 4.1(h) or (i))5.01.

Appears in 1 contract

Samples: Equity Funding Agreement

Company Minimum Gain Chargeback. Notwithstanding the other provisions of this Section 4.15.1, except as provided in Treasury Regulation section 1.704-2(f)(2) through (5), if there is a net decrease in Company Minimum Gain during any Company such taxable yearperiod, each Member shall be allocated items of Company income and gain for such period (and, if necessary, subsequent 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. For purposes of this Section 4.1(d5.1(d), each Member’s 's Adjusted Capital Account balance shall be determined, and the allocation of income or gain required hereunder shall be effected, prior to the application of any other allocations pursuant to this Section 4.1 5.1 with respect to such taxable year period (other than an allocation pursuant to Section 4.1(h5.1(h) or (i)).

Appears in 1 contract

Samples: Limited Liability Company Agreement (El Paso Energy Partners Lp)

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