Common use of Member Nonrecourse Debt Minimum Gain Chargeback Clause in Contracts

Member Nonrecourse Debt Minimum Gain Chargeback. Notwithstanding any other provision of this Section 9.3 (other than the last sentence of Section 9.3(a) above and other than Section 9.3(c)(1) which shall be applied first), if there is a net decrease in Member Nonrecourse Debt Minimum Gain with respect to a Member Nonrecourse Debt during any taxable year or other period for which allocations are made, any Member with a share of such Member Nonrecourse Debt Minimum Gain (determined under Regulations Section 1.704-2(i)(5)) as of the beginning of the year will be specially allocated items of Company income and gain for that period (and, if necessary, subsequent periods) in an amount equal to such Member’s share of the net decrease in the Member Nonrecourse Debt Minimum Gain during such year determined in accordance with Regulations Sections 1.704-2(i)(4) and 1.704-2(g)(2). The items to be so allocated will be determined in accordance with Regulations Sections 1.704-2(g) and 1.704-2(j)(2). This Section 9.3(c)(2) is intended to comply with the Member Nonrecourse Debt Minimum Gain chargeback requirements of the Regulations, will be interpreted consistently with the Regulations and will be subject to all exceptions provided therein.

Member Nonrecourse Debt Minimum Gain Chargeback. Notwithstanding any other provision of this Section 9.3 Article XII except the foregoing subsection (other than the last sentence of Section 9.3(aa) above and other than Section 9.3(c)(1) which shall be applied first)[Minimum Gain Chargeback], if there is a net decrease in Member Nonrecourse Debt Minimum Gain with respect attributable to a Member Nonrecourse Debt during any taxable year or other period for which allocations are madeFiscal Year, any then, to the extent required by Regulation Section 1.704-2(i)(4), each Member with who has a share of such Member Nonrecourse Debt Minimum Gain (attributable to such Member Nonrecourse Debt, determined under Regulations in accordance with Section 1.704-2(i)(5)) as of the beginning of the year will Regulations, shall be specially allocated items of Company income and gain for that period such year (and, if necessary, subsequent periodsyears) in an amount equal to such Member’s share of the net decrease in the Member Nonrecourse Debt Minimum Gain during attributable to such year Member Nonrecourse Debt, determined in accordance with Regulations Section 1.704-2(i)(4) of the Regulations. Allocations pursuant to the previous sentence shall be determined in accordance with Sections 1.704-2(i)(4) and 1.704-2(g)(2). The items to be so allocated will be determined in accordance with Regulations Sections 1.704-2(g2(j)(2) and 1.704-2(j)(2)of the Regulations. This Section 9.3(c)(212.03(b) is intended to comply with the Member Nonrecourse Debt Minimum Gain minimum gain chargeback requirements requirement in Section 1.704-2(i)(4) of the Regulations, will Regulations and shall be interpreted consistently with the Regulations and will be subject to all exceptions provided thereintherewith.

Member Nonrecourse Debt Minimum Gain Chargeback. Notwithstanding any other provision of this Section 9.3 Article X except the foregoing subsection (other than the last sentence of Section 9.3(aa) above and other than Section 9.3(c)(1) which shall be applied first)[Minimum Gain Chargeback], if there is a net decrease in Member Nonrecourse Debt Minimum Gain with respect attributable to a Member Nonrecourse Debt during any taxable year or other period for which allocations are madeFiscal Year, any then, to the extent required by Regulation Section 1.704-2(i)(4), each Member with who has a share of such the Member Nonrecourse Debt Minimum Gain (attributable to such Member Nonrecourse Debt, determined under Regulations in accordance with Section 1.704-2(i)(5)) as of the beginning of the year will Regulations, shall be specially allocated items of Company income and gain for that period such year (and, if necessary, subsequent periodsyears) in an amount equal to such Member’s share of the net decrease in the Member Nonrecourse Debt Minimum Gain during attributable to such year Member Nonrecourse Debt, determined in accordance with Regulations Section 1.704-2(i)(4) of the Regulations. Allocations pursuant to the previous sentence shall be determined in accordance with Sections 1.704-2(i)(4) and 1.704-2(g)(2). The items to be so allocated will be determined in accordance with Regulations Sections 1.704-2(g2(j)(2) and 1.704-2(j)(2)of the Regulations. This Section 9.3(c)(210.2(b) is intended to comply with the Member Nonrecourse Debt Minimum Gain minimum gain chargeback requirements requirement in Section 1.704-2(i)(4) of the Regulations, will Regulations and shall be interpreted consistently with the Regulations and will be subject to all exceptions provided thereintherewith.

Member Nonrecourse Debt Minimum Gain Chargeback. Notwithstanding any other provision of this Section 9.3 Article XII except the foregoing subsection (other than the last sentence of Section 9.3(aa) above and other than Section 9.3(c)(1) which shall be applied first)[Minimum Gain Charge back], if there is a net decrease in Member Nonrecourse Debt Minimum Gain with respect attributable to a Member Nonrecourse Debt during any taxable year or other period for which allocations are madeFiscal Year, any then, to the extent required by Regulation Section 1.704-2(i)(4), each Member with who has a share of such the Member Nonrecourse Debt Minimum Gain (attributable to such Member Nonrecourse Debt, determined under Regulations in accordance with Section 1.704-2(i)(5)) as of the beginning of the year will Regulations, shall be specially allocated items of Company income and gain for that period such year (and, if necessary, subsequent periodsyears) in an amount equal to such Member’s share of the net decrease in the Member Nonrecourse Debt Minimum Gain during attributable to such year Member Nonrecourse Debt, determined in accordance with Regulations Section 1.704- 2(i)(4) of the Regulations. Allocations pursuant to the previous sentence shall be determined in accordance with Sections 1.704-2(i)(4) and 1.704-2(g)(2). The items to be so allocated will be determined in accordance with Regulations Sections 1.704-2(g2(j)(2) and 1.704-2(j)(2)of the Regulations. This Section 9.3(c)(212.03(b) is intended to comply with the Member Nonrecourse Debt Minimum Gain minimum gain chargeback requirements requirement in Suction 1.704- 2(i)(4) of the Regulations, will Regulations and shall be interpreted consistently with the Regulations and will be subject to all exceptions provided thereintherewith.

Member Nonrecourse Debt Minimum Gain Chargeback. Notwithstanding Except as otherwise provided in Treasury Regulation Section 1.704-2(i)(4), notwithstanding any other provision of this Section 9.3 5.2 (other than the last sentence of Section 9.3(a) above and other than Section 9.3(c)(15.2(c)(1) which shall will be applied first), if there is a net decrease in Member Nonrecourse Debt Minimum Gain with respect to a Member Nonrecourse Debt during any taxable year or other period for which allocations are made, any Member with a share of such Member Nonrecourse Debt Minimum Gain attributable to any Member Nonrecourse Debt (determined under Treasury Regulations Section 1.704-2(i)(51.704-(2)(i)(5)) as of the beginning of the year will be specially allocated items of Company income and gain for that period (and, if necessary, subsequent periods) in an amount equal proportion to the portion of such Member’s share of the net decrease in the Member Nonrecourse Debt Minimum Gain during with respect to such year determined in accordance with Regulations Sections 1.704-2(i)(4) and 1.704-2(g)(2)Member Nonrecourse Debt that is allocable to the Disposition of Company property subject to such Member Nonrecourse Debt. The items to be so allocated will be determined in accordance with Treasury Regulations Sections Section 1.704-2(g) and 1.704-2(j)(2). This Section 9.3(c)(25.2(c)(2) is intended to comply with the Member Nonrecourse Debt Minimum Gain chargeback “partner minimum gain chargeback” requirements of the Regulations, will Treasury Regulations and the exceptions thereto and is to be interpreted consistently with the Regulations and will be subject to all exceptions provided thereintherewith.

Member Nonrecourse Debt Minimum Gain Chargeback. Notwithstanding any other provision of this Section 9.3 Article XII except the foregoing subsection (other than the last sentence of Section 9.3(aa) above and other than Section 9.3(c)(1) which shall be applied first)[Minimum Gain Chargeback], if there is a net decrease in Member Nonrecourse Debt Minimum Gain with respect attributable to a Member Nonrecourse Debt during any taxable year or other period for which allocations are madeFiscal Year, any then, to the extent required by Regulation Section 1.704-2(i)(4), each Member with who has a share of such the Member Nonrecourse Debt Minimum Gain (attributable to such Member Nonrecourse Debt, determined under Regulations in accordance with Section 1.704-2(i)(5)) as of the beginning of the year will Regulations, shall be specially allocated items of Company income and gain for that period such year (and, if necessary, subsequent periodsyears) in an amount equal to such Member’s share of the net decrease in the Member Nonrecourse Debt Minimum Gain during attributable to such year Member Nonrecourse Debt, determined in accordance with Regulations Section 1.704-2(1)(4) of the Regulations. Allocations pursuant to the previous sentence shall be determined in accordance with Sections 1.704-2(i)(4) and 1.704-2(g)(2). The items to be so allocated will be determined in accordance with Regulations Sections 1.704-2(g2(j)(2) and 1.704-2(j)(2)of the Regulations. This Section 9.3(c)(212.03(b) is intended to comply with the Member Nonrecourse Debt Minimum Gain minimum gain chargeback requirements requirement in Section 1.704-2(i)(4) of the Regulations, will Regulations and shall be interpreted consistently with the Regulations and will be subject to all exceptions provided thereintherewith.