Deemed Distribution and Recontribution. Notwithstanding any other provision of this Article X, in the event the Company is liquidated within the meaning of Regulations Section 1.704-1(b)(2)(ii)(g) but no Dissolution Event has occurred, the Property shall not be liquidated, the Company’s Debts and other liabilities shall not be paid or discharged, and the Company’s affairs shall not be wound up.
Appears in 31 contracts
Samples: Operating Agreement (Homeland Energy Solutions LLC), Operating Agreement (Highwater Ethanol LLC), Operating Agreement
Deemed Distribution and Recontribution. Notwithstanding any other provision of this Article XSection 10, in the event the Company is liquidated within the meaning of Regulations Section 1.704-1(b)(2)(ii)(g) but no Dissolution Event has occurred, the Property shall not be liquidated, the Company’s Debts and other liabilities shall not be paid or discharged, and the Company’s affairs shall not be wound up.
Appears in 26 contracts
Samples: Operating Agreement, Operating Agreement (Siouxland Renewable Holdings, LLC), Operating Agreement
Deemed Distribution and Recontribution. Notwithstanding any other provision of this Article XSection 10, in the event the Company is liquidated within the meaning of Regulations Section 1.704-1(b)(2)(ii)(g) but no Dissolution Event has occurred, the Property shall not be liquidated, the Company’s 's Debts and other liabilities shall not be paid or discharged, and the Company’s 's affairs shall not be wound up.
Appears in 6 contracts
Samples: Operating Agreement (Advanced BioEnergy, LLC), Operating Agreement, Operating Agreement (Golden Grain Energy)
Deemed Distribution and Recontribution. Notwithstanding any other provision provisions of this Article XSection 10, in the event the Company is liquidated within the meaning of Regulations Section 1.704-1(b)(2)(ii)(g) but no Dissolution Event has occurred, the Property shall not be liquidated, the Company’s Debts and other liabilities shall not be paid or discharged, and the Company’s affairs shall not be wound up.
Appears in 6 contracts
Samples: Operating Agreement (Iowa Renewable Energy, LLC), Operating Agreement (Western Dubuque Biodiesel, LLC), Operating Agreement (Central Iowa Energy, LLC)
Deemed Distribution and Recontribution. Notwithstanding any other provision of this Article X, in the event the Company is liquidated within the meaning of Regulations Section 1.704-1(b)(2)(ii)(g) but no Dissolution Event has occurred, the Property shall not be liquidated, the Company’s 's Debts and other liabilities shall not be paid or discharged, and the Company’s 's affairs shall not be wound up.
Appears in 5 contracts
Samples: Operating Agreement (Homeland Energy Solutions LLC), Operating Agreement (Southwest Iowa Renewable Energy, LLC), Operating Agreement (Nedak Ethanol, LLC)
Deemed Distribution and Recontribution. Notwithstanding any other provision of this Article XX (except Section 10.4(a)), in the event the Company is liquidated within the meaning of Regulations Section 1.704-1(b)(2)(ii)(g) but no Dissolution Event has occurred, the Property shall not be liquidated, the Company’s Debts and other liabilities shall not be paid or discharged, and the Company’s affairs shall not be wound up.
Appears in 3 contracts
Samples: Operating Agreement (Nedak Ethanol, LLC), Operating Agreement (Nedak Ethanol, LLC), Operating Agreement (Nedak Ethanol, LLC)
Deemed Distribution and Recontribution. Notwithstanding any other provision of this Article X11, in the event that the Company is liquidated within the meaning of Treasury Regulations Section 1.704-1(b)(2)(ii)(g) ), but no Dissolution Liquidating Event has occurred, the Property Company’s property shall not be liquidated, the Company’s Debts and other liabilities shall not be paid or discharged, discharged and the Company’s affairs shall not be wound up.
Appears in 2 contracts
Samples: Limited Liability Company Agreement (Wells Real Estate Investment Trust Inc), Limited Liability Company Agreement (Wells Real Estate Investment Trust Inc)
Deemed Distribution and Recontribution. Notwithstanding any other provision of this Article X, in the event the Company is liquidated within the meaning of Regulations Section 1.704-1(b)(2)(ii)(gl(b)(2)(ii)(g) but no Dissolution Event has occurred, the Property shall not be liquidated, the Company’s Debts and other liabilities shall not be paid or discharged, and the Company’s affairs shall not be wound up.
Appears in 2 contracts
Samples: Operating Agreement (East Fork Biodiesel, LLC), Operating Agreement (East Fork Biodiesel, LLC)
Deemed Distribution and Recontribution. Notwithstanding any other provision of this Article XSection 10, in the event the Company is liquidated within the meaning of Regulations Section 1.704-1(b)(2)(ii)(g) but no Dissolution Event has occurred, the Property shall not be liquidated, the Company’s 's Debts and other liabilities shall not be paid or discharged, and the Company’s 's affairs shall not be wound up. 10.5.
Appears in 2 contracts
Samples: Operating Agreement (Cardinal Ethanol LLC), Operating Agreement (Cardinal Ethanol LLC)
Deemed Distribution and Recontribution. Notwithstanding any other provision provisions of this Article XSection 11.4, in the event if the Company is liquidated within the meaning of Treasury Regulations Section 1.704-1(b)(2)(ii)(g) but no Dissolution Event has occurredthe Company is not to be liquidated pursuant to Section 11.3, the Property property of the Company shall not be liquidatedliquidated or distributed, the Company’s Debts and other liabilities shall not be paid or discharged, and the Company’s affairs shall not be wound up.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Mid America Apartment Communities Inc)
Deemed Distribution and Recontribution. Notwithstanding any other provision of this Article X, in the event the Company is liquidated within the meaning of Regulations Section 1.704-1(b)(2)(ii)(g1.704‑1(b)(2)(ii)(g) but no Dissolution Event has occurred, the Property shall not be liquidated, the Company’s Debts and other liabilities shall not be paid or discharged, and the Company’s affairs shall not be wound up.
Appears in 1 contract
Samples: Operating Agreement (Southwest Iowa Renewable Energy, LLC)
Deemed Distribution and Recontribution. Notwithstanding any other provision of this Article XSection 10, in the event the Company is liquidated within the meaning of Regulations Section 1.704-1(b)(2)(ii)(g) but no Dissolution Event has occurred, the Property shall not be liquidated, 34 the Company’s 's Debts and other liabilities shall not be paid or discharged, and the Company’s 's affairs shall not be wound up.
Appears in 1 contract
Samples: Operating Agreement (United Wisconsin Grain Producers LLC)
Deemed Distribution and Recontribution. Notwithstanding any other provision of this Article XSection 10, in the event the Company is liquidated within the meaning of Regulations Section 1.704-1.704 1(b)(2)(ii)(g) but no Dissolution Event has occurred, the Property shall not be liquidated, the Company’s 's Debts and other liabilities shall not be paid or discharged, and the Company’s 's affairs shall not be wound up.
Appears in 1 contract
Samples: Operating Agreement (Little Sioux Corn Processors LLC)
Deemed Distribution and Recontribution. Notwithstanding any other provision of this Article X, in the event the Company is liquidated within the meaning of Regulations Section 1.704-1(b)(2)(ii)(g1.704- l(b)(2)(ii)(g) but no Dissolution Event has occurred, the Property shall not be liquidated, the Company’s Debts and other liabilities shall not be paid or discharged, and the Company’s affairs shall not be wound up.
Appears in 1 contract
