Common use of Financial Adjustments Clause in Contracts

Financial Adjustments. No new Members shall be entitled to any retroactive allocation of losses, income, or expense deductions incurred by the Company. The Company shall, at its option, at the time a Member is admitted, do one of the following (i) close the Company's books (as though the Company's tax year had ended) or (ii) make pro rata allocations of loss, income, and expense deductions to a new Member for that portion of the Company's tax year in which a Member was admitted in accordance with the provisions of Section 706 of the Internal Revenue Code of 1986, as amended, and the Treasury Regulations promulgated thereunder.

Appears in 3 contracts

Samples: Limited Liability Company Agreement (Great Plains Energy Inc), Limited Liability Company Agreement (Great Plains Energy Inc), Limited Liability Company Agreement (Great Plains Energy Inc)

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Financial Adjustments. No new Members shall be entitled to any retroactive allocation of losses, income, or expense deductions incurred by the Company. The Company shallmay, at its option, at the time a Member is admitted, do one of the following (i) close the Company's books (as though the Company's tax year had ended) or (ii) make pro rata allocations of loss, income, and expense deductions to a new Member for that portion of the Company's tax year in which a Member was admitted in accordance with the provisions of Section 706 of the Internal Revenue Code of 1986, as amended, and the Treasury Regulations promulgated thereunder.

Appears in 3 contracts

Samples: Limited Liability Company Agreement (Great Plains Energy Inc), Limited Liability Company Agreement (Great Plains Energy Inc), Limited Liability Company Agreement (Great Plains Energy Inc)

Financial Adjustments. No new Members shall be entitled to any retroactive allocation of losses, income, or expense deductions incurred by the Company. The Company shallDirectors may, at its their option, at the time a Member is admitted, do one of the following (i) close the Company's Company books (as though the Company's ’s tax year had ended) or (ii) make pro rata allocations of loss, income, loss and expense deductions to a new Member for that portion of the Company's ’s tax year in which a Member was admitted in accordance with the provisions of Code Section 706 of the Internal Revenue Code of 1986, as amended, 706(d) and the Treasury Regulations promulgated thereunder.

Appears in 2 contracts

Samples: Limited Liability Company Agreement (Constellation Brands, Inc.), Limited Liability Company Agreement (Constellation Brands, Inc.)

Financial Adjustments. No new Members Member shall be entitled to any retroactive allocation of losses, income, or expense deductions incurred by the Company. The Company shall, at its optionmay, at the time a new Member is admitted, do one of the following (i) close the Company's Company books (as though the Company's tax year had ended) or (ii) make pro rata allocations of loss, income, income and expense deductions to a new Member for that portion of the Company's tax year in which a new Member was admitted in accordance with the provisions of Section 706 of the Internal Revenue Code of 1986, as amended, IRC 706(d) and the Treasury Regulations promulgated thereunder.

Appears in 2 contracts

Samples: Operating Agreement (Majestic Star Casino LLC), Operating Agreement (Majestic Investor Capital Corp)

Financial Adjustments. No new Members shall be entitled to any retroactive allocation of losses, income, or expense deductions incurred by the Company. The Company shallManagers may, at its their option, at the time a Member is admitted, do one of the following (i) close the Company's books Company boos (as though the Company's ’s tax year had ended) or (ii) make pro rata allocations of loss, income, and expense deductions to a new Member for that portion of the Company's ’s tax year in which a Member was admitted in accordance with the provisions of IRC Section 706 of the Internal Revenue Code of 1986, as amended, 706(d) and the Treasury Regulations promulgated thereunder.

Appears in 1 contract

Samples: Operating Agreement (SILC Holdings LLC)

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Financial Adjustments. No new Members Member shall be entitled to any retroactive allocation of lossesProfit, Loss and other items of income, or expense deductions incurred by gain, loss, deduction and credit of the Company. The Company shall, at its option, at Upon the time a Member is admitted, do one approval and consent of all of the following (i) Members, the Members may agree to close the Company's ’s books (as though the Company's tax year ’s Fiscal Year had ended) or (ii) make pro rata allocations of lossProfit, incomeLoss, and expense deductions to a new Member for that portion of the Company's tax year ’s Fiscal Year in which a Member was admitted in accordance with the provisions of Section 706 section 706(d) of the Internal Revenue Code of 1986, as amended, and the Treasury Regulations promulgated thereunderRegulations.

Appears in 1 contract

Samples: Operating Agreement (THM Homes Inc)

Financial Adjustments. No new Members shall be entitled to any retroactive allocation of losses, income, or expense deductions incurred by the Company. The Company shallBoard of Directors may, at its their option, at the time a Member is admitted, do one of the following (i) close the Company's books (as though the Company's tax year Fiscal Year had ended) or (ii) make pro rata allocations of loss, income, and expense deductions to a new Member for that portion of the Company's tax year Fiscal Year in which a Member was admitted in accordance with the provisions of Section 706 of the Internal Revenue Code of 1986, as amended, IRC e 706(d) and the Treasury Regulations promulgated thereunder.

Appears in 1 contract

Samples: Master Joint Venture Agreement (Thermolase Corp)

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