Common use of Fifth Amended and Restated Limited Liability Company Operating Agreement Clause in Contracts

Fifth Amended and Restated Limited Liability Company Operating Agreement. Dated as of November 30, 2012 take into account (as determined by the Sponsor) the Units’ respective Opening Capital Accounts and distributive shares of net profit and net loss, any entry of new Investors, any redemptions, any differences between income for tax purposes and for Net Asset Value purposes, the differences between the Classes of Units and any other special circumstances which may arise; provided, however, that no such allocation by the Sponsor shall discriminate unfairly against any Investor; and provided further, that the Sponsor shall be under no obligation whatsoever to deviate from the allocations set forth above.