Common use of Company Minimum Gain Chargeback Clause in Contracts

Company Minimum Gain Chargeback. If there is a net decrease in Company Minimum Gain for a Fiscal Year, each Member must be allocated items of income and gain for that Fiscal Year (and, if necessary, subsequent Fiscal Years) equal to that Member's share of the net decrease in Company Minimum Gain. A Member's share of the net decrease in Company Minimum Gain is the amount of the total net decrease multiplied by the Member's percentage share of the Company Minimum Gain at the end of the immediately preceding Fiscal Year. A Member's share of any decrease in Company Minimum Gain resulting from a revaluation of Company Property equals the increase in the Member's Capital Account attributable to the revaluation to the extent the reduction in Company Minimum Gain is caused by the revaluation. A Member is not subject to this Company Minimum Gain chargeback requirement to the extent the Member's share of the net decrease in Company Minimum Gain is caused by a guarantee, refinancing, or other change in the debt instrument causing it to become partially or wholly a recourse liability or a Member Nonrecourse Liability, and the Member bears the economic risk of loss (within the meaning of ss. 1.752-2 of the Regulations) for the newly guaranteed, refinanced, or otherwise changed liability.

Company Minimum Gain Chargeback. If there is a net decrease in Company Minimum Gain for a Fiscal Taxable Year, each Member must be allocated items of income and gain for that Fiscal Taxable Year (and, if necessary, subsequent Fiscal Years) equal to that Member's share of the net decrease in Company Minimum Gain. A Member's share of the net decrease in Company Minimum Gain is the amount of the total net decrease multiplied by the Member's percentage share of the Company Minimum Gain at the end of the immediately preceding Fiscal Taxable Year. A Member's share of any decrease in Company Minimum Gain resulting from a revaluation of Company Property equals the increase in the Member's Capital Account attributable to the revaluation to the extent the reduction in Company Minimum Gain is caused by the revaluation. A Member is not subject to this Company Minimum Gain chargeback requirement to the extent the Member's share of the net decrease in Company Minimum Gain is caused by a guarantee, refinancing, or other change in the debt instrument causing it to become partially or wholly a recourse liability or a Member Nonrecourse Liability, and the Member bears the economic risk of loss (within the meaning of ss. Section 1.752-2 of the Regulations) for the newly guaranteed, refinanced, or otherwise changed liability.

Company Minimum Gain Chargeback. If there is a net decrease in Company Minimum Gain for a Fiscal Year, Taxable Year each Member must be allocated items of income and gain for OPERATING AGREEMENT - 16 that Fiscal Taxable Year (and, if necessary, subsequent Fiscal Years) equal to that Member's share of the net decrease in Company Minimum Gain. A Member's share Share of the net decrease in Company Minimum Gain is the amount of the total net decrease multiplied by the Member's percentage share of the Company Minimum Gain at the end of the immediately preceding Fiscal Taxable Year. A Member's share of any decrease in Company Minimum Gain resulting from a revaluation Revaluation of Company Property equals the increase in the Member's Capital Account attributable to the revaluation Revaluation to the extent the reduction in Company Minimum Gain minimum gain is caused by the revaluationRevaluation. A Member is not subject to this the Company Minimum Gain chargeback requirement Chargeback Requirement to the extent the Member's share of the net decrease in Company Minimum Gain is caused by a guarantee, refinancing, or other change in the debt instrument causing it to become partially or wholly a recourse liability Recourse Liability or a Member Nonrecourse Liability, Liability and the Member bears the economic risk of loss (within the meaning of ss. section 1.752-2 of the Regulations) for the newly guaranteed, refinanced, or otherwise changed liability.

Company Minimum Gain Chargeback. If there is a net decrease in Company Minimum Gain for a Fiscal Taxable Year, each Member must be allocated items of income and gain for that Fiscal Taxable Year (and, if necessary, subsequent Fiscal Years) equal to that Member's share of the net decrease in Company Minimum Gain. A Member's share of the net decrease in Company Minimum Gain is the amount of the total net decrease multiplied by the Member's percentage share of the Company Minimum Gain at the end of the immediately preceding Fiscal taxable Year. A Member's share of any decrease in Company Minimum Gain resulting from a revaluation of Company Property equals the increase in the Member's Capital Account attributable to the revaluation to the extent the reduction in Company Minimum Gain minimum gain is caused by the revaluation. A Member is not subject to this Company Minimum Gain chargeback Chargeback requirement to the extent the Member's share of the net decrease in Company Minimum Gain is caused by a guarantee, refinancing, or other to the change in the debt instrument causing it to become partially or wholly a recourse liability Recourse Liability or a Member Nonrecourse Liability, and the Member bears the economic risk of loss (within the meaning of ss. Section 1.752-2 of the Regulations) for the newly guaranteed, refinanced, or otherwise changed liability.

Company Minimum Gain Chargeback. If there is a net decrease in Company Minimum Gain for a Fiscal Taxable Year, each Member Shareholder must be allocated items of income and gain for that Fiscal Taxable Year (and, if necessary, subsequent Fiscal Years) equal to that Member's Shareholder’s share of the net decrease in Company Minimum Gain. A Member's Shareholder’s share of the net decrease in Company Minimum Gain is the amount of the total net decrease multiplied by the Member's Shareholder’s percentage share of the Company Minimum Gain at the end of the immediately preceding Fiscal Taxable Year. A Member's Shareholder’s share of any decrease in Company Minimum Gain resulting from a revaluation of Company Property equals the increase in the Member's Shareholder’s Capital Account attributable to the revaluation to the extent the reduction in Company Minimum Gain minimum gain is caused by the revaluation. A Member Shareholder is not subject to this the Company Minimum Gain chargeback requirement to the extent the Member's Shareholder’s share of the net decrease in Company Minimum Gain is caused by a guarantee, refinancing, or other change in the debt instrument causing it to become partially or wholly a recourse liability or a Member Shareholder Nonrecourse Liability, and the Member Shareholder bears the economic risk of loss (within the meaning of ss. §1.752-2 of the Regulations) for the newly guaranteed, refinanced, or otherwise changed liability.

Company Minimum Gain Chargeback. If there is a net decrease in Company Minimum Gain for a Fiscal Taxable Year, each Member must be allocated items of income and gain for that Fiscal Taxable Year (and, if necessary, subsequent Fiscal Years) equal to that Member's share of the net decrease in Company Minimum Gain. A Member's share of the net decrease in Company Minimum Gain is the amount of the total net decrease multiplied by the Member's percentage share of the Company Minimum Gain at the end of the immediately preceding Fiscal Taxable Year. A Member's share of any decrease in Company Minimum Gain resulting from a revaluation of Company Property property equals the increase in the Member's Capital Account attributable to the revaluation to the extent the reduction in Company Minimum Gain minimum gain is caused by the revaluation. A Member is not subject to this the Company Minimum Gain chargeback Chargeback requirement to the extent the Member's share of the net decrease in Company Minimum Gain is caused by a guarantee, refinancing, or other change in the debt instrument causing it to become partially or wholly a recourse liability Recourse Liability or a Member Nonrecourse Liability, and the Member bears the economic risk of loss (within the meaning of ss. Section 1.752-2 of the Treasury Regulations) for the newly guaranteed, refinanced, or otherwise changed liability.

Company Minimum Gain Chargeback. If there is a net decrease in Company Minimum Gain for a Fiscal Year, each Member must shall be allocated items of income and gain for that Fiscal Year (and, if necessary, subsequent Fiscal Years) equal to that Member's ’s share of the net decrease in Company Minimum GainGain (“Company Minimum Gain Chargeback”). A Member's ’s share of the net decrease in Company Minimum Gain is the amount of the total net decrease multiplied by the The Member's ’s percentage share of the Company Minimum Gain at the end of the immediately preceding Fiscal Year. A Member's ’s share of any decrease in Company Minimum Gain resulting from a revaluation of Company Property equals the increase in the Member's ’s Capital Account attributable to the revaluation to the extent the reduction in Company Minimum Gain is caused by the revaluation. A Member Member’s share is not subject to this the Company Minimum Gain chargeback Chargeback requirement to the extent the Member's ’s share of the net decrease in Company Minimum Gain is caused by a guarantee, refinancing, refinancing or other change in the debt instrument causing it to become partially or wholly a recourse liability Recourse Liability or a Member Nonrecourse Liability, and the Member bears the economic risk of loss (within the meaning of ss. section 1.752-2 of the Regulations) for the newly guaranteed, refinanced, refinanced or otherwise changed liability.

Company Minimum Gain Chargeback. If there is a net decrease in Company Minimum Gain for a Fiscal Year, each Member must shall be allocated items of income and gain for that Fiscal Year (and, if necessary, subsequent Fiscal Years) equal to that Member's ’s share of the net decrease in Company Minimum GainGain (“Company Minimum Gain Chargeback”). A Member's ’s share of the net decrease in Company Minimum Gain is the amount of the total net decrease multiplied by the Member's ’s percentage share of the Company Minimum Gain at the end of the immediately preceding Fiscal Year. A Member's ’s share of any decrease in Company Minimum Gain resulting from a revaluation of Company Property equals the increase in the Member's ’s Capital Account attributable to the revaluation to the extent the reduction in Company Minimum Gain is caused by the revaluation. A Member Member’s share is not subject to this the Company Minimum Gain chargeback Chargeback requirement to the extent the Member's ’s share of the net decrease in Company Minimum Gain is caused by a guarantee, refinancing, refinancing or other change in the debt instrument causing it to become partially or wholly a recourse liability Recourse Liability or a Member Nonrecourse Liability, and the Member bears the economic risk of loss (within the meaning of ss. section 1.752-2 of the Regulations) for the newly guaranteed, refinanced, refinanced or otherwise changed liability.

Company Minimum Gain Chargeback. If there is a net decrease in Company Minimum Gain the Company’s minimum gain for a Fiscal Yeartaxable year, each Member must be allocated items of income and gain for that Fiscal Year (and, if necessary, subsequent Fiscal Years) taxable year equal to that Member's ’s share of the net decrease in Company Minimum Gainthe Company’s minimum gain. A Member's ’s share of the net decrease in Company Minimum Gain the Company’s minimum gain is the amount of the total net decrease multiplied by the Member's ’s percentage share of the Company Minimum Gain minimum gain at the end of the immediately preceding Fiscal Yeartaxable year. A Member's ’s share of any decrease in Company Minimum Gain the Company’s minimum gain resulting from a revaluation of Company Property property equals the increase in the Member's Capital Account ’s capital account attributable to the revaluation to the extent the reduction in Company Minimum Gain minimum gain is caused by the revaluation. A Member is not subject to this Company Minimum Gain chargeback the Company’s minimum gain charge-back requirement to the extent the Member's ’s share of the net decrease in Company Minimum Gain the Company’s minimum gain is caused by a guarantee, refinancing, or other change in the debt instrument causing it to become partially or wholly a recourse liability or a Member Nonrecourse Liabilitynon-recourse liability, and the Member bears the economic risk of loss (within the meaning of ss. Section 1.752-2 of the Regulations) for the newly guaranteed, refinanced, or otherwise changed liability.

Company Minimum Gain Chargeback. If Notwithstanding the provisions of Sections 4.2 and 4.3, if there is a net decrease in Company Minimum Gain for a Fiscal Tax Year, each Member must shall be allocated items of income and gain for that Fiscal Tax Year (and, if necessary, subsequent Fiscal Years) equal to that Member's ’s share of the net decrease in Company Minimum Gain. A Member's ’s share of the net decrease in Company Minimum Gain is the amount of the total net decrease multiplied by the Member's percentage share ’s Membership Percentage of the Company Minimum Gain at the end of the immediately preceding Fiscal Tax Year. A Member's ’s share of any decrease in Company Minimum Gain resulting from a revaluation of Company Property property equals the increase in the Member's Capital Account ’s capital account attributable to the revaluation to the extent the reduction in Company Minimum Gain minimum gain is caused by the revaluation. A Member is not subject to this the Company Minimum Gain chargeback Chargeback requirement to the extent the Member's ’s share of the net decrease in Company Minimum Gain is caused by a guarantee, refinancing, refinancing or other change in the debt instrument causing it to become partially or wholly a recourse liability or a Member Nonrecourse Non-recourse Liability, and the Member bears the economic risk of loss (within the meaning of ss. Regulations Section 1.752-2 of the Regulations2) for the newly guaranteed, refinanced, refinanced or otherwise changed liability.