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

Member Nonrecourse Debt Minimum Gain Chargeback. Notwithstanding the other provisions of this Agreement (other than Section 9.2(c) above), if there is a net decrease in Member Nonrecourse Debt Minimum Gain during any taxable year, any Member with a share of Member Nonrecourse Debt Minimum Gain at the beginning of such taxable year shall be allocated items of Company income and gain for such year (and, if necessary, subsequent taxable years) in the manner and amounts provided in Treasury Regulation Section 1.704-2(i)(4) and (j)(2)(ii). For purposes of this Section 9.2, each Member’s Adjusted Capital Account balance shall be determined, and the allocation of income and gain required hereunder shall be effected, prior to the application of any other allocations pursuant to this Article 9, other than Section 9.2(c) above, with respect to such taxable year. This Section 9.2(d) is intended to comply with the partner nonrecourse debt minimum gain chargeback requirement in Treasury Regulation Section 1.704-2(i)(4) and shall be interpreted consistently therewith.

Member Nonrecourse Debt Minimum Gain Chargeback. Notwithstanding the other provisions of this Agreement (other than Section 9.2(c) aboveExcept as provided in Regulations § 1.704-2(i)(4), if there is a net decrease in Member Nonrecourse Debt Minimum Gain during any Company taxable year, any Member with a share of Member Nonrecourse Debt Minimum Gain at the beginning of such taxable year shall be specially allocated items of Company income and gain for such taxable year (and, if necessary, for subsequent taxable years) in the manner and amounts provided in Treasury Regulation Section Regulations §§ 1.704-2(i)(4) and (j)(2)(ii1.704-2(j)(2)(ii), or any successor provisions. For purposes of this Section 9.26.2, each Member’s Adjusted Capital Account balance shall be determined, and the allocation of income and or gain required hereunder shall be effected, prior to the application of any other allocations pursuant to this Article 9Section 6.2, other than Section 9.2(c6.2(a) aboveand other than allocations pursuant to Section 6.2(e) and Section 6.2(f), with respect to such taxable year. This Section 9.2(d6.2(b) is intended to comply with the partner nonrecourse debt minimum gain chargeback requirement in Treasury Regulation Section of Regulations § 1.704-2(i)(4) and shall be interpreted consistently therewith.

Member Nonrecourse Debt Minimum Gain Chargeback. Notwithstanding the other provisions of this Agreement (other than Section 9.2(c) above), if there is a net decrease in Member Nonrecourse Debt Minimum Gain during any taxable year, any Member with a share of Member Nonrecourse Debt Minimum Gain at the beginning of such taxable year shall be allocated items of Company income and gain for such year (and, if necessary, subsequent taxable years) in the manner and amounts provided in Treasury Regulation Section 1.704-2(i)(4) and (j)(2)(ii). For purposes of this Section 9.2, each Member’s 's Adjusted Capital Account balance shall be determined, and the allocation of income and gain required hereunder shall be effected, prior to the application of any other allocations pursuant to this Article 9, other than Section 9.2(c) above, with respect to such taxable year. This Section 9.2(d) is intended to comply with the partner nonrecourse debt minimum gain chargeback requirement in Treasury Regulation Section 1.704-2(i)(4) and shall be interpreted consistently therewith.

Member Nonrecourse Debt Minimum Gain Chargeback. Notwithstanding the other provisions of this Agreement (other than Section 9.2(c9.2(a) above), if there is a net decrease in Member Nonrecourse Debt Minimum Gain during any taxable yearAllocation Period, any Member with a share of Member Nonrecourse Debt Minimum Gain at the beginning of such taxable year shall Allocation Period will be allocated items of Company income and gain for such year Allocation Period (and, if necessary, subsequent taxable yearsAllocation Periods) in the manner and amounts provided in Treasury Regulation Regulations Section 1.704-2(i)(4) and (j)(2)(ii). For purposes of this Section 9.2, each Member’s Adjusted Capital Account balance shall will be determined, and the allocation of income and gain required hereunder shall will be effected, prior to the application of any other allocations pursuant to this Article 9, other than Section 9.2(c9.2(a) above, with respect to such taxable yearAllocation Period. This Section 9.2(d9.2(b) is intended to comply with the partner nonrecourse debt minimum gain chargeback requirement in Treasury Regulation Regulations Section 1.704-2(i)(4) and shall will be interpreted consistently therewith.

Member Nonrecourse Debt Minimum Gain Chargeback. Notwithstanding the other provisions of this Agreement (other than Section 9.2(c8.2(c) above), if there is a net decrease in Member Nonrecourse Debt Minimum Gain during any taxable yearAccounting Period, any Member with a share of Member Nonrecourse Debt Minimum Gain at the beginning of such taxable year Accounting Period shall be allocated items of Company income and gain for such year Accounting Period (and, if necessary, subsequent taxable yearsAccounting Periods) in the manner and amounts provided in Treasury Regulation Regulations Section 1.704-2(i)(4) and (j)(2)(ii). For purposes of this Section 9.28.2, each Member’s Adjusted Capital Account balance shall be determined, and the allocation of income and gain required hereunder shall be effected, prior to the application of any other allocations pursuant to this Article 9VIII, other than Section 9.2(c8.2(c) above, with respect to such taxable yearAccounting Period. This Section 9.2(d8.2(d) is intended to comply with the partner nonrecourse debt minimum gain chargeback requirement in Treasury Regulation Regulations Section 1.704-2(i)(4) and shall be interpreted consistently therewith.

Member Nonrecourse Debt Minimum Gain Chargeback. Notwithstanding the other provisions of this Agreement (other than Section 9.2(c) above), if there is a net decrease in Member Nonrecourse Debt Minimum Gain during any taxable year, any Member with a share of Member Nonrecourse Debt Minimum Gain at the beginning of such taxable year shall be allocated items of Company income and gain for such year (and, if necessary, subsequent taxable years) in the manner and amounts provided in Treasury Regulation Section 1.704-2(i)(4) and (j)(2)(ii). For purposes of this Section 9.2, each Member’s 's Adjusted Capital Account balance shall be determined, and the allocation of income and gain required hereunder shall be effected, prior to the application of any other allocations pursuant to this Article 9, other than Section 9.2(c) above, with respect to such taxable year. This Section 9.2(d) is intended to comply with the partner 42 nonrecourse debt minimum gain chargeback requirement in Treasury Regulation Section 1.704-2(i)(4) and shall be interpreted consistently therewith.

Member Nonrecourse Debt Minimum Gain Chargeback. Notwithstanding the other provisions of this Agreement (other than Section 9.2(c) aboveExcept as provided in Regulations § 1.704-2(i)(4), if there is a net decrease in Member Nonrecourse Debt Minimum Gain during any Company taxable year, any Member with a share of Member Nonrecourse Debt Minimum Gain at the beginning of such taxable year shall be specially allocated items of Company income and gain for such taxable year (and, if necessary, for subsequent taxable years) in the manner and amounts provided in Treasury Regulation Section Regulations §§ 1.704-2(i)(4) and (j)(2)(ii1.704-2(j)(2)(ii), or any successor provisions. For purposes of this Section 9.26.2, each Member’s Adjusted Capital Account balance shall be determined, and the allocation of income and or gain required hereunder shall be effected, prior to the application of any other allocations pursuant to this Article 9Section 6.2, other than Section 9.2(c6.2(a) aboveand other than an allocation pursuant to Section 6.2(e) and Section 6.2(f), with respect to such taxable year. This Section 9.2(d6.2(b) is intended to comply with the partner nonrecourse debt minimum gain chargeback requirement in Treasury Regulation Section of Regulations § 1.704-2(i)(4) and shall be interpreted consistently therewith.