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

Member Nonrecourse Debt Minimum Gain Chargeback. Subject to the exceptions contained in Treasury Regulation Section 1.704-2(i)(4), if there is a net decrease in Member Nonrecourse Debt Minimum Gain during a Company Fiscal Year, any Member with a share of such Member Nonrecourse Debt Minimum Gain (determined in accordance with Treasury Regulation Section 1.704-2(i)(5)) as of the beginning of such year will be specially allocated items of income and gain for Capital Account purposes for such year (and, if necessary, for subsequent years) in an amount equal to such Member's share of the net decrease in Member Nonrecourse Debt Minimum Gain (which share of such net decrease will be determined under Treasury Regulation Sections 1.704-2(i)(4) and 1.704-2(g)(2)). It is intended that this Paragraph 1.3(b) will constitute a "partner nonrecourse debt minimum gain chargeback" as provided by Treasury Regulation Section 1.704-2(i)(4).

Member Nonrecourse Debt Minimum Gain Chargeback. Subject to the exceptions contained Except as otherwise provided in Treasury Regulation Section 1.704-2(i)(4), if there is a net decrease in Member Nonrecourse Debt Minimum Gain attributable to a “Member Nonrecourse Debt” (as those terms are defined in Treasury Regulation Section 1.704-2(b)(4)) during a Company Fiscal any Taxable Year, any each Member with that has a share of such Member Nonrecourse Debt Minimum Gain (determined in accordance with Treasury Regulation Section 1.704-2(i)(5)) as of the beginning of such year will shall be specially allocated items of taxable income and or gain for Capital Account purposes for such year Taxable Year (and, if necessary, for subsequent yearsTaxable Years) in an amount equal to such that Member's ’s share of the net decrease in Member Nonrecourse Debt Minimum Gain (which share of such net decrease will Gain. Items to be allocated pursuant to this paragraph shall be determined under in accordance with Treasury Regulation Sections 1.704-2(i)(4) and 1.704-2(g)(2)2(j)(2). It This Section 5.6(B) is intended that this Paragraph 1.3(b) will constitute a "partner nonrecourse debt to comply with the minimum gain chargeback" as provided by chargeback requirements in Treasury Regulation Section 1.704-2(i)(4)) and shall be interpreted consistently therewith.

Member Nonrecourse Debt Minimum Gain Chargeback. Subject to the exceptions contained Except as otherwise provided in Treasury Regulation Regulations Section 1.704-2(i)(4), notwithstanding any other provision of this Section 5, if there is a net decrease in Member Nonrecourse Debt Minimum Gain during a Company Fiscal YearGain, any each Member with who has a share of such Member Nonrecourse Debt Minimum Gain (determined in accordance with Treasury Regulation Section 1.704-2(i)(5)) as of the beginning of such year will shall be specially allocated items of Net Profits and other items of Company income and gain for Capital Account purposes for such fiscal year (and, if necessary, for subsequent fiscal years) in an amount equal to the portion of such Member's ’s share of the net decrease in Member Nonrecourse Debt Minimum Gain (which share of such net decrease will Gain. The items to be so allocated shall be determined under in accordance with Treasury Regulation Regulations Sections 1.704-2(i)(4) and 1.704-2(g)(2)2(j)(2). It This Section 5.2 is intended that this Paragraph 1.3(b) will constitute a "partner nonrecourse debt to comply with the “minimum gain chargeback" as provided by ” requirement of Treasury Regulation Section 1.704-2(i)(4)) and shall be interpreted consistently with such Regulation.

Member Nonrecourse Debt Minimum Gain Chargeback. Subject to the exceptions contained in Treasury Regulation Section 1.704-2(i)(4), if there is a net decrease in Member Nonrecourse Debt Minimum Gain during a Company Fiscal Year, any Member with a share of such Member Nonrecourse Debt Minimum Gain (determined in accordance with Treasury Regulation Section 1.704-2(i)(5)) as of the beginning of such year will shall be specially allocated items of income and gain for Capital Account purposes for such year (and, if necessary, for subsequent years) in an amount equal to such Member's share of the net decrease in Member Nonrecourse Debt Minimum Gain (which share of such net decrease will shall be determined under Treasury Regulation Sections 1.704-2(i)(4) and 1.704-2(g)(2)). It is intended that this Paragraph 1.3(b) will shall constitute a "partner nonrecourse debt minimum gain chargeback" as provided by Treasury Regulation Section 1.704-2(i)(4).

Member Nonrecourse Debt Minimum Gain Chargeback. Subject to the exceptions contained Except as otherwise provided in Treasury Regulation Section 1.704-2(i)(4), if there is a net decrease in Member Nonrecourse Debt Minimum Gain during a Company Fiscal any Taxable Year, any each Member with that has a share of such Member Nonrecourse Debt Minimum Gain (determined in accordance with Treasury Regulation Section 1.704-2(i)(5)) as of the beginning of such year will shall be specially allocated items of taxable income and or gain for Capital Account purposes for such year Taxable Year (and, if necessary, for subsequent yearsTaxable Years) in an amount equal to such that Member's ’s share of the net decrease in Member Nonrecourse Debt Minimum Gain (which share of such net decrease will Gain. Items to be allocated pursuant to this paragraph shall be determined under in accordance with Treasury Regulation Sections 1.704-2(i)(4) and 1.704-2(g)(2)2(j)(2). It This paragraph is intended that this Paragraph 1.3(b) will constitute a "to comply with the partner nonrecourse debt minimum gain chargeback" as provided by chargeback requirements in Treasury Regulation Section 1.704-2(i)(4)) and shall be interpreted consistently therewith.

Member Nonrecourse Debt Minimum Gain Chargeback. Subject to the exceptions contained in Treasury Regulation Regulations Section 1.704-2(i)(4), if there is a net decrease in Member Nonrecourse Debt Minimum Gain during a Company Fiscal Year, any Member with a share of such Member Nonrecourse Debt Minimum Gain (determined in accordance with Treasury Regulation Regulations Section 1.704-2(i)(5)) as of the beginning of such year will Fiscal Year shall be specially allocated items of income and gain for Capital Account purposes for such year Fiscal Year (and, if necessary, for subsequent years) in an amount equal to such Member's ’s share of the net decrease in Member Nonrecourse Debt Minimum Gain (which share of such net decrease will shall be determined under Treasury Regulation Regulations Sections 1.704-2(i)(4) and 1.704-2(g)(2)). It is intended that this Paragraph 1.3(bSection 5.6(c)(ii) will shall constitute a "“partner nonrecourse debt minimum gain chargeback" ” as provided by Treasury Regulation Regulations Section 1.704-2(i)(4)) and shall be interpreted consistently therewith.

Member Nonrecourse Debt Minimum Gain Chargeback. Subject to the exceptions contained in Treasury Regulation Section 1.704-2(i)(4), if there is a net decrease in Member Nonrecourse Debt Minimum Gain during a Company Fiscal Year, any Member with a share of such Member Nonrecourse Debt Minimum Gain (determined in accordance with Treasury Regulation Section 1.704-2(i)(5)) as of the beginning of such year will shall be specially allocated items of income and gain for Capital Account purposes for such year (and, if necessary, for subsequent years) in an amount equal to such Member's ’s share of the net decrease in Member Nonrecourse Debt Minimum Gain (which share of such net decrease will shall be determined under Treasury Regulation Sections 1.704-2(i)(4) and 1.704-2(g)(22(j)(2)). It is intended that this Paragraph 1.3(bSection 1.4(b) will shall constitute a "“partner nonrecourse debt minimum gain chargeback" ” as provided by Treasury Regulation Section 1.704-2(i)(4)) and shall be interpreted consistently therewith.