Common use of Minimum Gain Chargeback Clause in Contracts

Minimum Gain Chargeback. Except as otherwise provided in Section 1.704-2(f) of the Regulations, in the event there is a net decrease in Company Minimum Gain during a Company taxable year, each Member shall be allocated (before any other allocation is made pursuant to this Section 8) items of income and gain for such year (and, if necessary, for subsequent years) equal to that Member’s share of the net decrease in Company Minimum Gain.

Minimum Gain Chargeback. Except as otherwise provided in Section 1.704-2(f) of Notwithstanding anything to the Regulationscontrary contained herein, in the event if there is a net decrease in Company Minimum Gain “minimum gain,” as defined in Sections 1.704-2(b)(2) and 1.704-2(d) of the Regulations, during a Company taxable year, each Member shall be allocated (specially allocated, before any other allocation is made pursuant to this Section 8) allocation, items of income and gain for such taxable year (and, if necessary, for subsequent years) equal in proportion to that each Member’s share of the net decrease in Company Minimum Gain“minimum gain.” This article is intended to comply with the “minimum gain chargeback” provisions of Section 1.704-(2)(f) of the Regulations.

Minimum Gain Chargeback. Except as otherwise provided in Section 1.704-2(f) Notwithstanding any other provision of the Regulationsthis Appendix, in the event if there is a net decrease in Company Minimum Gain (as defined in Regulations Section 1.704-2(d)) during a Company taxable yearany Fiscal Year, then each Member shall be allocated (before any other allocation is made pursuant to this Section 8) items such amount of income and gain for such year (andand subsequent years, if necessary, ) determined under and in the manner required by Regulations Section 1.704-2(f) as is necessary to meet the requirements for subsequent years) equal to a minimum gain chargeback as provided in that Member’s share of the net decrease in Company Minimum GainRegulation.

Minimum Gain Chargeback. Except as otherwise provided in Section 1.704-2(f) of the Regulations, in the event If there is a net decrease in Company Minimum Gain during a Company taxable year, then each Member shall be allocated (before any other allocation is made pursuant to this Section 8) items of Company income and gain for such taxable year (and, if necessary, for subsequent years) in an amount equal to that such Member’s share of the net decrease in Company Minimum Gain, determined in accordance with Regulations Section 1.704-2(g)(2). This Section 5.1(c)(iii) is intended to comply with the minimum gain chargeback requirement of Regulations Section 1.704-2(f) and shall be interpreted consistently therewith.

Minimum Gain Chargeback. Except as otherwise provided in Section 1.704-2(f) of the Regulations, in In the event there is a net decrease in a Member’s share of Company Minimum Gain during a Company taxable yearand/or Member Minimum Gain (as determined under Regulations Sections 1.704-2(f)(1) and 1.704-2(i)(4)) for any Fiscal Year or other period, each such Member shall be allocated (before any other allocation is made pursuant to this Section 8) items of income and gain for such year the Fiscal Year or other period (and, and if necessary, for subsequent yearsother years or periods) equal to that Member’s share of the net decrease as required by and in Company Minimum Gainaccordance with Regulations Sections 1.704-2(f)(1) and 1.704-2(i)(4) before any other allocation is made.

Minimum Gain Chargeback. Except as otherwise provided in Section 1.704-2(f) of the Regulations, in the event there is a net decrease in Company Minimum Gain during a Company taxable year, each Member shall be allocated (before any other allocation is made pursuant to this Section Article 8) items of income and gain for such year (and, if necessary, for subsequent years) equal to that Member’s share of the net decrease in Company Minimum Gain.

Minimum Gain Chargeback. Except as otherwise provided Notwithstanding anything in Section 1.704-2(f) of this Agreement to the Regulationscontrary, in the event if there is a net decrease in Company Minimum Gain during any tax year of the Company, then, prior to any other allocations provided for in this Agreement, a Company taxable year, each Member shall be specially allocated (before any other allocation is made pursuant to this Section 8) items of Company income and gain for such the year (and, if necessary, for subsequent succeeding years) equal to that Member’s share of the net decrease in Company Minimum GainGain in accordance with Sec. 1.704-2(f) of the Regulations and other applicable Regulations. The items to be allocated shall be determined in accordance with Sec. 1.704-2(f)(6) of the Regulations.

Minimum Gain Chargeback. Except as otherwise provided in Section 1.704-2(f) of the Regulations, in the event If there is a net decrease in Company Minimum Gain during a any Company taxable year, then each Member shall be allocated (before any other allocation is made pursuant to this Section 8) items of Company income and gain for such taxable year (and, if necessary, for subsequent years) in an amount equal to that such Member’s share of the net decrease in Company Minimum Gain, determined in accordance with Regulations Section 1.704-2(g)(2). This Section 6.02(a) is intended to comply with the minimum gain chargeback requirement of Regulations Section 1.704-2(f) and shall be interpreted consistently therewith.

Minimum Gain Chargeback. Except as otherwise provided in Section 1.704-2(f) of the Regulations, in the event If there is a net decrease in Company Minimum Gain during a Company taxable year, then each Member shall will be allocated (before any other allocation is made pursuant to this Section 8) items of Company income and gain for such taxable year (and, if necessary, for subsequent years) in an amount equal to that such Member’s share of the net decrease in Company Minimum Gain, determined in accordance with Treasury Regulations Section 1.704-2(g)(2). This Section 5.02(b)(i) is intended to comply with the minimum gain chargeback requirement of Treasury Regulations Section 1.704-2(f) and will be interpreted consistently therewith.

Minimum Gain Chargeback. Except as otherwise provided in Section 1.704-2(f) of the Regulations, in the event If there is a net decrease in Company Minimum Gain during a Company taxable year, then each Member shall be allocated (before any other allocation is made pursuant to this Section 8) items of Company income and gain for such taxable year (and, if necessary, for subsequent years) in an amount equal to that such Member’s share of the net decrease in Company Minimum Gain, determined in accordance with Regulations Section 1.704-2(g)(2). This Section 5.2.1 is intended to comply with the minimum gain chargeback requirement of Regulations Section 1.704-2(f) and shall be interpreted consistently therewith.

Minimum Gain Chargeback. Except as otherwise provided in Section 1.704-2(f) of the Regulations, in the event If there is a net decrease in Company Minimum Gain during a Company any taxable year, then each Member shall be allocated (before any other allocation is made pursuant to this Section 8) items of Company income and gain for such taxable year (and, if necessary, for subsequent years) in an amount equal to that such Member’s share of the net decrease in Company Minimum Gain, determined in accordance with Regulations Section 1.704-2(g)(2). This Section 6.3(b)(i) is intended to comply with the minimum gain chargeback requirement of Regulations Section 1.704-2(f) and shall be interpreted consistently therewith.

Minimum Gain Chargeback. Except as otherwise provided in Section 1.704-2(f) Notwithstanding any other provision of the Regulationsthis Article V, in the event if there is a net decrease in Company Minimum Gain (as defined in Regulation section1.704-2(d)) during a Company taxable yearany Tax Year, then each Member shall be allocated (before any other allocation is made pursuant to this Section 8) items such amount of income and gain for such year (andand subsequent years, if necessary, ) determined under and in the manner required by Regulation section1.704-2(g)(1) and (g)(3) as is necessary to meet the requirements for subsequent years) equal to that Member’s share of the net decrease a minimum gain chargeback as provided in Company Minimum GainRegulation section1.704-2(f).

Minimum Gain Chargeback. Except as otherwise provided in Section 1.704-2(f) of the Regulations, in the event If there is a net decrease in Company Minimum Gain during a any Company taxable year, then each Member shall be allocated (before any other allocation is made pursuant to this Section 8) items of Company income and gain for such taxable year (and, if necessary, for subsequent years) in an amount equal to that such Member’s share of the net decrease in Company Minimum Gain, determined in accordance with Regulations § 1.704-2(g)(2). This Section 6.2(a) is intended to comply with the minimum gain chargeback requirement of Regulations § 1.704-2(f) and shall be interpreted consistently therewith.

Minimum Gain Chargeback. Except as otherwise provided in Section 1.704-2(f) of the Regulations, in the event there is a net decrease in Company Minimum Gain during a Company taxable yearFiscal Year, each Member shall be allocated (before any other allocation is made pursuant to this Section 8) Article V) items of income and gain for such year (and, if necessary, for subsequent years) equal to that Member’s share of the net decrease in Company Minimum Gain.

Minimum Gain Chargeback. Except as otherwise provided in Section 1.704-2(f) of the Regulations, in the event If there is a net decrease in Company Minimum Gain during a Company any taxable year, then each Member shall be allocated (before any other allocation is made pursuant to this Section 8) items of Company income and gain for such taxable year (and, if necessary, for subsequent years) in an amount equal to that such Member’s share of the net decrease in Company Minimum Gain, determined in accordance with Regulations Section 1.704-2(g)(2). This Section 6.3(b)(1) is intended to comply with the minimum gain chargeback requirement of Regulations Section 1.704-2(f) and shall be interpreted consistently therewith.

Minimum Gain Chargeback. Except as otherwise provided in Section 1.704-2(f) of the RegulationsNotwithstanding any other provision herein, in the event if there is a net decrease in Company Minimum Gain during a Company any taxable year, each Member items of Company income and gain shall be allocated (before any other allocation in accordance with the provisions of Regulations Section 1.704-2(f). This provision is made pursuant intended to this comply with Regulations Section 8) items of income and gain for such year (and, if necessary, for subsequent years) equal to that Member’s share of the net decrease in Company Minimum Gain1.704-2(e)(3).

Minimum Gain Chargeback. Except as otherwise provided in Section 1.704-2(f) of the Regulations, in the event If there is a net decrease in Company Minimum Gain during a Company taxable year, then each Member shall will be allocated (before any other allocation is made pursuant to this Section 8) items of Company income and gain for such taxable year (and, if necessary, for subsequent years) in an amount equal to that such Member’s share of the net decrease in Company Minimum Gain, determined in accordance with Treasury Regulations Section 1.704-2(g)(2). This Appendix A-1(b)(i) is intended to comply with the minimum gain chargeback requirement of Treasury Regulations Section 1.704-2(f) and will be interpreted consistently therewith.

Minimum Gain Chargeback. Except as otherwise provided in Section 1.704-2(f) of the Regulations, in the event notwithstanding any other provision of this Article 3, if there is a net decrease in Company Minimum Gain during a any Company taxable yearfiscal year or other shorter period, each Member shall be specially allocated (before any other allocation is made pursuant to this Section 8) items of Company income and gain for such year or other shorter period (and, if necessary, for subsequent years) in an amount equal to that such Member’s 's share of the net decrease in Company Minimum Gain.decrease

Minimum Gain Chargeback. Except as otherwise provided in Section 1.704-2(f) of the Regulations, in the event If there is a net decrease in Company Minimum Gain during a Company taxable yearyear of the Company, then notwithstanding any other provision of this Section 8 or Section 16.3, each Member shall must be allocated (before any other allocation is made pursuant to this Section 8) items of income and gain for such year and succeeding taxable years to the extent necessary (andthe "Minimum Gain Chargeback"), if necessaryin proportion to, for subsequent years) equal and to that Member’s share the extent of the net decrease in Company Minimum Gainan amount required under Treasury Regulation Section 1.704- 2(f).

Minimum Gain Chargeback. Except as otherwise provided in Section 1.704-2(f) Notwithstanding any other provision of the Regulationsthis Article 8, in the event if there is a net decrease in Company Minimum Gain during a Company taxable yearany Allocation Year, each Member shall be specially allocated (before any other allocation is made pursuant to this Section 8) items of Company income and gain for such year Allocation Year (and, if necessary, for subsequent yearsAllocation Years) equal to that Member’s share of the net decrease extent required and in Company Minimum Gainthe manner provided by Regulations Section 1.704-2(f). This Section 8.3(a) shall be interpreted and applied in such a manner as to comply with the minimum gain chargeback requirement in Regulations Section 1.704-2(f).

Minimum Gain Chargeback. Except as otherwise provided in Section 1.704-2(f) of the Regulations, in the event If there is a net decrease in Company Minimum Gain during a any Company taxable year, then each Member shall be allocated (before any other allocation is made pursuant to this Section 8) items of Company income and gain for such taxable year (and, if necessary, for subsequent years) in an amount equal to that such Member’s share of the net decrease in Company Minimum Gain, determined in accordance with Regulations Section 1.704-2(g)(2). This Section 5.3(b)(i) is intended to comply with the minimum gain chargeback requirement of Regulations Section 1.704-2(f) and shall be interpreted consistently therewith.

Minimum Gain Chargeback. Except as otherwise provided in Section 1.704-2(f) of the Regulations, in the event If there is a net decrease in Company Minimum Gain during a Company taxable year, then each Member shall be allocated (before any other allocation is made pursuant to this Section 8) items of Company income and gain for such taxable year (and, if necessary, for subsequent years) in an amount equal to that such Member’s share of the net decrease in Company Minimum Gain, determined in accordance with Regulations Section 1.704-2(g)(2). This Section 14(b)(i) is intended to comply with the minimum gain chargeback requirement of Regulations Section 1.704-2(f) and shall be interpreted consistently therewith.

Minimum Gain Chargeback. Except as otherwise provided in Section 1.704-2(f) of the RegulationsPrior to any allocation hereunder, in the event that there is a net decrease in the Company Minimum Gain during a Company taxable year, each Member shall be allocated (before any other allocation is made pursuant to this Section 8) items of income and gain for such year (and, if necessary, for subsequent yearsin accordance with the Regulations promulgated under Section 704(b) equal to that Member’s share of the Code and its requirements for a “minimum gain chargeback.” In the event that there is a net decrease in Company Minimum Gainminimum gain attributable to debt associated with Member Nonrecourse Deductions, income and gain shall be allocated to the Members in accordance with the Regulations.

Minimum Gain Chargeback. Except as otherwise provided in Section 1.704-2(f) of the Regulations, in the event if there is a net decrease in Company Minimum Gain minimum gain during a Company taxable the year, each Member shall be specially allocated (before any other allocation is made pursuant to this Section 8) items of Company income and gain for such the year (and, if necessaryapplicable, for subsequent years) equal to that such Member’s 's share of the net decrease in Company Minimum Gainminimum gain, determined in accordance with Section 1.704-1(g) of the Regulations. This allocation shall be defined, interpreted and determined in accordance with applicable Regulations.

Minimum Gain Chargeback. Except as otherwise provided Notwithstanding anything to the contrary in Section 1.704-2(f) of the Regulationsthis Agreement, in the event if there is a net decrease in Company the Company’s Minimum Gain during for a Company taxable year, each Member then there shall be allocated (before any other allocation is made pursuant to this Section 8) the Members items of Company income and gain for such year (and, if necessary, for subsequent years) equal to that Member’s share the extent and subject to the exceptions set forth in the Minimum Gain chargeback requirements of the net decrease in Company Minimum GainRegulation Section 1.704-2(f).

Minimum Gain Chargeback. Except as otherwise provided in Section 1.704-2(f) of the Regulations, in the event If there is a net decrease in Company Minimum Gain during a Company taxable year, then each Member shall be allocated (before any other allocation is made pursuant to this Section 8) items of Company income and gain for such taxable year (and, if necessary, for subsequent years) in an amount equal to that such Member’s share of the net decrease in Company Minimum Gain, determined in accordance with Regulations Section 1.704-2(g)(2). This Section 7.3(a) is intended to comply with the minimum gain chargeback requirement of Regulations Section 1.704-2(f) and shall be interpreted consistently therewith.

Minimum Gain Chargeback. Except Notwithstanding the other provisions of this ----------------------- Article 2, except as provided otherwise provided in Regulation Section 1.704-1.704- 2(f) of the Regulations, in the event if there is a net decrease in Company Minimum Gain during a for any Company taxable yearperiod, each Member shall be allocated (before any other allocation is made pursuant to this Section 8) items of Company income and gain for such year period (and, if necessary, for subsequent yearsperiods) in an amount equal to that such Member’s 's share of the net decrease in Company Minimum GainGain for such taxable period.

Minimum Gain Chargeback. Except as otherwise provided in Section 1.704-2(f) of the Regulations, in the event If there is a net decrease in Company Minimum Gain during a Company taxable year, then each Member shall Holder will be allocated (before any other allocation is made pursuant to this Section 8) items of Company income and gain for such taxable year (and, if necessary, for subsequent years) in an amount equal to that Membersuch Holder’s share of the net decrease in Company Minimum Gain, determined in accordance with Treasury Regulations Section 1.704-2(g)(2). This Section 5.3(b)(i) is intended to comply with the minimum gain chargeback requirement of Treasury Regulations Section 1.704-2(f) and will be interpreted consistently therewith.

Minimum Gain Chargeback. Except as otherwise provided in Section 1.704-2(f) of the Regulations, in the event there is a net decrease in Company Minimum Gain during a Company taxable yearFiscal Year with respect to a particular Property, each Member shall be allocated (before any other allocation is made pursuant to this Section 8) Article 10) items of income and gain for such year Fiscal Year (and, if necessary, for subsequent yearsFiscal Years) in an amount equal to that Member’s 's share of the net decrease in Company Minimum GainGain with respect to such Property.

Minimum Gain Chargeback. Except as otherwise provided in Section 1.704-2(f) of the RegulationsPrior to any allocation hereunder, in the event if there is a net decrease in the Company Minimum Gain during a Company taxable year, each Member shall be allocated (before any other allocation is made pursuant to this Section 8) items of income and gain for such year (and, if necessary, for subsequent yearsin accordance with the Regulations promulgated under Section 704(b) equal to that Member’s share of the Code and its requirements for a "minimum gain chargeback." If there is a net decrease in Company Minimum Gainminimum gain attributable to debt associated with Member Nonrecourse Deductions, income and gain shall be allocated to the Members in accordance with the Regulations.

Minimum Gain Chargeback. Except as otherwise provided Notwithstanding anything in Section 1.704-2(f) of this Agreement to the Regulationscontrary, in the event if there is a net decrease in Company Minimum Gain as defined in §1.704-2(d) of the Regulations during any tax year of the Company, then, prior to any other allocations provided for in this Agreement, a Company taxable year, each Member shall be specially allocated (before any other allocation is made pursuant to this Section 8) items of Company income and gain for such the year (and, if necessary, for subsequent succeeding years) equal to that Member’s share of the net decrease in Company Minimum GainGain in accordance with §1.704-2(f) of the Regulations and other applicable Regulations. The items to be allocated shall be determined in accordance with §1.704-2(f)(6) of the Regulations.

Minimum Gain Chargeback. Except as otherwise provided in Section 1.704-2(f) Notwithstanding any other provision of the Regulationsthis Article IV, in the event if there is a net decrease in Company Minimum Gain during a Company taxable year, each Member shall be allocated (before any other allocation is made pursuant to this Section 8) items of income and gain for such year (and, if necessary, for subsequent years) in an amount equal to that Member’s 's share of the net decrease in Company Minimum Gain.Gain during such year (hereinafter referred to as the "Minimum Gain Chargeback Requirement"). A Member's share of the net decrease in

Minimum Gain Chargeback. Except as otherwise provided in Section 1.704-2(f) of the Regulations, in the event If there is a net decrease in Company Minimum Gain during a any Company taxable year, then each Member shall be allocated (before any other allocation is made pursuant to this Section 8) items of Company income and gain for such taxable year (and, if necessary, for subsequent years) in an amount equal to that such Member’s share of the net decrease in Company Minimum Gain, determined in accordance with Treasury Regulations Section 1.704-2(g)(2). This Section 5.2(b)(i) is intended to comply with the minimum gain chargeback requirement of Treasury Regulations Section 1.704- 2(f) and shall be interpreted consistently therewith.

Minimum Gain Chargeback. Except as otherwise provided in Section 1.704-2(f) Notwithstanding any other provision of the Regulationsthis Article 8, in the event if there is a net decrease in Company Minimum Gain during a Company taxable yearany Allocation Year, each Member shall be specially allocated (before any other allocation is made pursuant to this Section 8) items of Company income and gain for such year Allocation Year (and, if necessary, for subsequent yearsAllocation Years) equal to that Member’s share of the net decrease extent required and in Company Minimum Gainthe manner provided by Regulations Section 1.704 -2(f). This Section 8.3(a) shall be interpreted and applied in such a manner as to comply with the minimum gain chargeback requirement in Regulations Section 1.704 -2(f).

Minimum Gain Chargeback. Except as otherwise provided in Section 1.704-2(f) of the Regulations, in the event If there is a net decrease in Company Minimum Gain during a any Company taxable year, then each Member shall be allocated (before any other allocation is made pursuant to this Section 8) items of Company income and gain for such taxable year (and, if necessary, for subsequent years) in an amount equal to that such Member’s share of the net decrease in Company Minimum Gain, determined in accordance with Regulations Section 1.704-2(g)(2). This Section 5.5(c)(i) is intended to comply with the minimum gain chargeback requirement of Regulations Section 1.704-2(f) and shall be interpreted consistently therewith.

Minimum Gain Chargeback. Except as otherwise provided in Regulations Section 1.704-2(f) and notwithstanding any other provision of the RegulationsCompany Agreement, in the event if there is a net decrease in Company Minimum Gain during a any Company taxable year, each Member shall be allocated (before any other allocation is made pursuant to this Section 8) items of Company income and gain for such that year (and, if necessary, for subsequent years) equal to that Member’s share of the net decrease in Company Minimum Gain, as determined pursuant to Regulations Section 1.704-2(g)(2). This Section 3.3(c) is intended to comply with the minimum gain chargeback requirement in Regulations Section 1.704-2(f) and (g) and shall be interpreted consistently therewith.

Minimum Gain Chargeback. Except as otherwise provided in Section 1.704-2(f) of the Regulations, in the event If there is a net decrease in Company Minimum Gain during a Company taxable year, then each Member shall be allocated (before any other allocation is made pursuant to this Section 8) items of Company income and gain for such taxable year (and, if necessary, for subsequent years) in an amount equal to that such Member’s share of the net decrease in Company Minimum Gain, determined in accordance with Treasury Regulations Section 1.704-2(g)(2). This Section 8.2(a) is intended to comply with the minimum gain chargeback requirement of Treasury Regulations Section 1.704-2(f) and shall be interpreted consistently therewith.

Minimum Gain Chargeback. Except as otherwise provided in Section 1.704-2(f) of the Regulations, in the event If there is a net decrease in Company Minimum Gain during a Company taxable year, each Member all Members shall be specially allocated (before any other allocation is made pursuant to this Section 8) items of income and gain for such year (and, if necessary, for subsequent years) in proportion to, and to the extent of, an amount equal to that the portion of such Member’s share of the net decrease in Company Minimum GainGain during such year as determined under Treasury Regulation Section 1.704-2(g)(2). Any such allocations shall be made in accordance with and only to the extent required by Treasury Regulation Sections 1.704-2(f) and 1.704-2(j)(2)(i).

Minimum Gain Chargeback. Except as otherwise provided in Section 1.704-2(f) of the Regulations, in the event If there is a net decrease in Company Minimum Gain during a Company taxable yearyear of the Company, then notwithstanding any other provision of this Section 8 or Section 16.3, each Member shall must be allocated (before any other allocation is made pursuant to this Section 8) items of income and gain for such year and succeeding taxable years to the extent necessary (andthe "Minimum Gain Chargeback"), if necessaryin proportion to, for subsequent years) equal and to that Member’s share the extent of the net decrease in Company Minimum Gain.an amount required under Treasury Regulation Section 1.704-2(f). 8.5