Common use of Compliance with Certain Requirements of Regulations; Deficit Capital Accounts Clause in Contracts

Compliance with Certain Requirements of Regulations; Deficit Capital Accounts. In the event the Company is “liquidated” within the meaning of Regulations, Section 1.704-1(b)(2)(ii)(g), Distributions shall be made pursuant to the Liquidation Provisions to the Unitholders who have positive Capital Accounts in compliance with Regulations, Section 1.704-1(b)(2)(ii)(b)(2). If any Unitholder has a deficit balance in his Capital Account (after giving effect to all Capital Contributions, Distributions and allocations of Profits, Losses and other allocation items for all Fiscal Years, including the Fiscal Year during which such liquidation occurs), such Unitholder shall have no obligation to make any contribution to the capital of the Company with respect to such deficit, and such deficit shall not be considered a debt owed to the Company or to any other Person for any purpose whatsoever. In the discretion of the Liquidator, a pro rata portion of the Distributions that would otherwise be made to the Unitholders pursuant to the Liquidation Provisions may be:

Compliance with Certain Requirements of Regulations; Deficit Capital Accounts. In the event the Joint Sales Company is “"liquidated” " within the meaning of Regulations, Regulations Section 1.704-1(b)(2)(ii)(g1(b) (2) (ii) (g), Distributions distributions shall be made pursuant to the Liquidation Provisions this Section 12 to the Unitholders Members who have positive Capital Accounts in compliance with Regulations, Regulations Section 1.704-1(b)(2)(ii)(b)(21(b) (2) (ii) (b) (2). If any Unitholder Member has a deficit balance in his Capital Account (after giving effect to all Capital Contributionscontributions, Distributions distributions and allocations of Profits, Losses and other allocation items for all Fiscal Allocation Years, including the Fiscal Allocation Year during which such liquidation occurs), such Unitholder Member shall have no obligation to make any contribution to the capital of the Joint Sales Company with respect to such deficit, and such deficit shall not be considered a debt owed to the Joint Sales Company or to any other Person for any purpose whatsoever. In the discretion of the Liquidator, a pro rata portion of the Distributions distributions that would otherwise be made to the Unitholders Members pursuant to the Liquidation Provisions this Section 12 may be: