Common use of Member Minimum Gain Chargeback Clause in Contracts

Member Minimum Gain Chargeback. Except as otherwise required by Section 1.704-2(i)(4) of the Regulations, if there is a net decrease in Member Nonrecourse Debt Minimum Gain, any Member with a share of that Member Nonrecourse Debt Minimum Gain (determined under Section 1.704-2(i)(5) of the Regulations) as of the beginning of the year must be allocated items of income and gain for the year (and, if necessary, for succeeding years) equal to that Member’s share of such net decrease in accordance with Section 1.704-2(i) of the Regulations.

Appears in 5 contracts

Samples: Limited Liability Company Agreement (Hf2 Financial Management Inc.), Limited Liability Company Agreement (ZAIS Group Holdings, Inc.), Limited Liability Company Agreement (Pennymac Financial Services, Inc.)

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Member Minimum Gain Chargeback. Except as otherwise required by Section 1.704-2(i)(4) of the Regulations, if If during any fiscal year there is a net decrease in Member Nonrecourse Non-recourse Debt Minimum Gainminimum gain, any Member with a share of that Member Nonrecourse Non-recourse Debt Minimum Gain minimum gain (determined under Section 1.704-2(i)(5) of the Regulations) as of the beginning of the year must be allocated items of income and gain for the year (and, if necessary, for succeeding years) equal to that Member’s 's share of such the net decrease in the Member Non-recourse Debt minimum gain in accordance with Regulations Section 1.704-2(i) of the Regulations).

Appears in 3 contracts

Samples: Operating Agreement (InSight Imaging Services Corp.), Operating Agreement (InSight Imaging Services Corp.), Operating Agreement (InSight Imaging Services Corp.)

Member Minimum Gain Chargeback. Except as otherwise If a Member suffers a net decrease in “partner nonrecourse debt minimum gain” (within the meaning of Section 1.704-2(i)(4) of the Regulations) in any Fiscal Year, then that Member will be allocated items of income and gain to the extent required by Section 1.704-2(i)(4) of the Regulations, if there is a net decrease in Member Nonrecourse Debt Minimum Gain, any Member with a share of that Member Nonrecourse Debt Minimum Gain (determined under Section 1.704-2(i)(5) of the Regulations) as of the beginning of the year must be allocated items of income and gain for the year (and, if necessary, for succeeding years) equal to that Member’s share of such net decrease in accordance with Section 1.704-2(i) of the Regulations.

Appears in 3 contracts

Samples: Limited Liability Company Agreement (Federated National Holding Co), Contribution and Formation Agreement (Cousins Properties Inc), Limited Liability Company Agreement (Intrexon Corp)

Member Minimum Gain Chargeback. Except as otherwise required by Notwithstanding any contrary provisions of this Article VI, other than Section 1.704-2(i)(46.5(b) of the Regulationsabove, if there is a net decrease in Member Minimum Gain attributable to Member Nonrecourse Debt during any fiscal year, then each Member who has a share of such Member Minimum Gain, any Member determined in accordance with a share of that Member Nonrecourse Debt Minimum Gain (determined under Regulations Section 1.704-2(i)(5) of the Regulations) as of the beginning of the year must 2(i), shall be allocated items of income and gain of the Company, determined in accordance with Regulations Section 1.704-2(j)(2)(ii), for the such fiscal year (and, if necessary, for succeeding subsequent fiscal years) in an amount equal to that each such Member’s share of such the net decrease in such Member Minimum Gain, determined in accordance with Regulations Section 1.704-2(i2(i)(3) of the Regulationsand 2(i)(5).

Appears in 3 contracts

Samples: Operating Agreement, Operating Agreement, Operating Agreement

Member Minimum Gain Chargeback. Except as otherwise required by provided in Section 1.704-2(i)(4) of the Regulations, notwithstanding any other provision of this Section 7, if there is a net decrease in Member Nonrecourse Debt Minimum GainGain attributable to a Member Nonrecourse Debt during any Allocation Year, any each Member with who has a share of that the Member Nonrecourse Debt Minimum Gain (Debt, determined under in accordance with Section 1.704-2(i)(5) of the Regulations) as of the beginning of the year must , shall be specially allocated items of Company income and gain for the year such Allocation Year (and, if necessary, for succeeding yearssubsequent Allocation Years) in an amount equal to that such Member’s 's share of such net decrease in accordance with Section 1.704-2(i) of the Regulations.net

Appears in 2 contracts

Samples: Limited Liability Company Agreement (Cayenta Inc), Limited Liability Company Agreement (Cayenta Inc)

Member Minimum Gain Chargeback. Except as otherwise required by Notwithstanding any provision of this Section 1.704-2(i)(4) of 12 to the Regulationscontrary (except Section 12.2.1), if there is a net decrease in Member Minimum Gain attributable to a Member Nonrecourse Debt Minimum Gainduring any Company fiscal year, any each Member with who has a share of that the Member Minimum Gain attributable to such Member Nonrecourse Debt Minimum Gain (Debt, determined under in accordance with Regulations Section 1.704-2(i)(5) of the Regulations) as of the beginning of the year must ), shall be specially allocated items of Company income and gain for the such fiscal year (and, if necessary, for succeeding subsequent years) in an amount equal to that Member’s share of such net decrease in accordance with Section 1.704-2(i) of the Regulations.greater of:

Appears in 2 contracts

Samples: Company Agreement (FP Tech Holdings, LLC), Company Agreement (Firepond, Inc.)

Member Minimum Gain Chargeback. Except as otherwise required by Section 1.704-2(i)(4) If during a taxable year of the Regulations, if Company there is a net decrease in Member Nonrecourse Debt Minimum Gain, any Member with a share of that Member Nonrecourse Debt Minimum Gain (determined under Section Sec. 1.704-2(i)(5) of the Regulations) as of the beginning of the year must shall be allocated items of income and gain for the year (and, if necessary, for succeeding years) equal to that Member’s share of such net decrease in accordance with Section Sec. 1.704-2(i) of the Regulations and other applicable Regulations.

Appears in 2 contracts

Samples: Limited Liability Company Agreement (Delek Logistics Partners, LP), Limited Liability Company Agreement (Green Plains Partners LP)

Member Minimum Gain Chargeback. Except as otherwise required by Notwithstanding any other provision of this Section 1.704-2(i)(4) of the Regulations3 except Section 3.3.1, if there is a net decrease in Member Minimum Gain attributable to a Member Nonrecourse Debt Minimum Gainduring any Company fiscal year, any each Member with who has a share of that the Member Minimum Gain attributable to such Member Nonrecourse Debt Minimum Gain (Debt, determined under in accordance with Section 1.704-2(i)(5) of the Regulations) as of the beginning of the year must , will be specially allocated items of Company income and gain for the such year (and, if necessary, for succeeding subsequent years) equal to that Member’s share of such net decrease in accordance with Section 1.704-2(i) of the Regulations.)

Appears in 2 contracts

Samples: Operating Agreement (Life Time Fitness Inc), Operating Agreement (Life Time Fitness Inc)

Member Minimum Gain Chargeback. Except as otherwise required by Section 1.704-2(i)(4) If during a taxable year of the Regulations, if Company there is a net decrease in Member Nonrecourse Debt Minimum Gain, any Member with a share of that Member Nonrecourse Debt Minimum Gain (determined under Section 1.704-2(i)(5) of the Treasury Regulations) as of the beginning of the year must be allocated items of income and gain for the year (and, if necessary, for succeeding years) equal to that Member’s 's share of such net decrease in accordance with Section 1.704-2(i) of the Treasury Regulations.

Appears in 2 contracts

Samples: Supply Agreement (Minnesota Corn Processors LLC), Supply Agreement (Corn Products International Inc)

Member Minimum Gain Chargeback. Except as otherwise required by Section 1.704-2(i)(4) If during a taxable year of the Regulations, if Company there is a net decrease in Member Nonrecourse Debt Minimum Gain, any Member with a share of that Member Nonrecourse Debt Minimum Gain (determined under Section 1.704-2(i)(5) of the Treasury Regulations) as of the beginning of the year must be allocated items of income and gain for the year (and, if necessary, for succeeding years) equal to that Member’s share of such net decrease in accordance with Section 1.704-2(i) of the Treasury Regulations.

Appears in 1 contract

Samples: Limited Liability Company Agreement (SS&C Technologies Holdings Inc)

Member Minimum Gain Chargeback. Except as otherwise required by Section 1.704-2(i)(4) of the Regulations, if If during a Fiscal Year there is a net decrease in Member Nonrecourse Debt Minimum Gain, any Member with a share of that Member Nonrecourse Debt Minimum Gain (as determined under Regulations Section 1.704-2(i)(5) of the Regulations)) as of the beginning of the year must be allocated items of Company income and gain for the year yea r (and, if necessary, for succeeding years) equal to that Member’s 's share of such net decrease in accordance with Section Regulations Sections 1.704-2(i) of the Regulationsand (j).

Appears in 1 contract

Samples: Limited Liability Company Agreement (Bottling Group LLC)

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Member Minimum Gain Chargeback. Except as otherwise required by Section 1.704-2(i)(4) If during a tax year of the Regulations, if Company there is a net decrease in Member Nonrecourse Debt Minimum Gain, any Member with a share of that Member Nonrecourse Debt Minimum Gain (determined under Section §1.704-2(i)(5) of the Regulations) as of the beginning of the year must shall be allocated items of income and gain for the year (and, if necessary, for succeeding years) equal to that Member’s share of such net decrease in accordance with Section §1.704-2(i) of the Regulations and other applicable Regulations.

Appears in 1 contract

Samples: Operating Agreement (Schermer Robert E Jr)

Member Minimum Gain Chargeback. Except as otherwise If a Member suffers a net decrease in "partner nonrecourse debt minimum gain" (within the meaning of Section 1.704-2(i)(4) of the Regulations) in any tax year, then that Member will be allocated items of income and gain to the extent required by Section 1.704-2(i)(4) of the Regulations, if there is a net decrease in Member Nonrecourse Debt Minimum Gain, any Member with a share of that Member Nonrecourse Debt Minimum Gain (determined under Section 1.704-2(i)(5) of the Regulations) as of the beginning of the year must be allocated items of income and gain for the year (and, if necessary, for succeeding years) equal to that Member’s share of such net decrease in accordance with Section 1.704-2(i) of the Regulations.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Glimcher Realty Trust)

Member Minimum Gain Chargeback. Except as otherwise required by Section 1.704-2(i)(4) of the Regulations, if If during a Taxable ------------------------------ Year there is a net decrease in Member Nonrecourse Debt Minimum Gain, any Member with a share of that Member Nonrecourse Debt Minimum Gain (determined under Section 1.704-2(i)(5) of the Treasury Regulations) as of the beginning of the year must be allocated items of income and gain for the year (and, if necessary, for succeeding years) equal to that Member’s 's share of such net decrease in accordance with Section 1.704-2(i) of the Treasury Regulations.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Endo Pharma LLC)

Member Minimum Gain Chargeback. Except as otherwise required by provided in Section 1.704-2(i)(4) of the Regulations, if there is a net decrease in Member Nonrecourse Debt Minimum Gainminimum gain attributable to a Member nonrecourse debt during the year, any each Member with a share of that the Member Nonrecourse Debt Minimum Gain (determined under Section 1.704-2(i)(5) of the Regulations) as of the beginning of the year must minimum gain shall be specially allocated items of Company income and gain for the year (and, if necessary, for succeeding subsequent fiscal years) equal to that such Member’s 's share of the decrease in Member minimum gain attributable to such net decrease Member, determined in accordance with Section 1.704-2(i2(i)(4) of the Regulations. This allocation shall be defined, interpreted, and determined in accordance with applicable Regulations.

Appears in 1 contract

Samples: Purchase Agreement (Be Aerospace Inc)

Member Minimum Gain Chargeback. Except as otherwise required by Section 1.704-2(i)(4) of the Regulations, if If during a Fiscal Year there is a net decrease in Member Nonrecourse Debt Minimum Gain, any Member with a share of that Member Nonrecourse Debt Minimum Gain (as determined under Regulations Section 1.704-2(i)(5) of the Regulations1.7042(i)(5)) as of the beginning of the year must be allocated items of Company income and gain for the year (and, if necessary, for succeeding years) equal to that Member’s share of such net decrease in accordance with Section Regulations Sections 1.704-2(i) of the Regulationsand (j).

Appears in 1 contract

Samples: Limited Liability Company Agreement (Pepsi Bottling Group Inc)

Member Minimum Gain Chargeback. Except as otherwise required by Section 1.704-2(i)(4) of the Regulations, if If during a Taxable Year there is a net decrease in Member Nonrecourse Debt Minimum Gain, any Member with a share of that Member Nonrecourse Debt Minimum Gain (determined under Section 1.704-2(i)(5) of the Treasury Regulations) as of the beginning of the year must be allocated items of income and gain for the year (and, if necessary, for succeeding years) equal to that Member’s share of such net decrease in accordance with Section 1.704-2(i) of the Treasury Regulations.

Appears in 1 contract

Samples: Limited Liability Company Agreement (FanSided Inc.)

Member Minimum Gain Chargeback. Except as otherwise required by Section 1.704-2(i)(4) of the Regulations, if If there is a net decrease in Member Nonrecourse Debt Minimum Gain, any Member with a share of that Member Nonrecourse Debt Minimum Gain (determined under Section 1.704-2(i)(5) of the Regulations) as of the beginning of the year must be allocated items of income and gain for the year (and, if necessary, for succeeding years) equal to that Member’s share of such net decrease in accordance with Section 1.704-2(i) of the Regulations.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Invisa Inc)

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