Other Allocation Rules. (a) For purposes of determining the Profits, Losses, or any other items allocable to any period, Profits, Losses, and any such other items shall be determined on a daily, monthly, or other basis, as determined by the Directors using any permissible method under Code Section 706 and the Regulations thereunder.
Appears in 26 contracts
Samples: Operating Agreement (Western Dubuque Biodiesel, LLC), Operating Agreement (Advanced BioEnergy, LLC), Operating Agreement (Victory Renewable Fuels LLC)
Other Allocation Rules. (a) For purposes of determining the Profits, Losses, or Losses and any other items allocable to any period, Profits, Losses, Losses and any such other items shall be determined on a daily, monthly, monthly or other basis, as determined by the Directors using any permissible method under Code Section 706 and the Regulations thereunder.
Appears in 20 contracts
Samples: Operating Agreement (Homeland Energy Solutions LLC), Operating Agreement (One Earth Energy LLC), Operating Agreement (East Fork Biodiesel, LLC)
Other Allocation Rules. (a) For purposes of determining the Profits, Losses, or Losses and any other items allocable to any period, Profits, Losses, Losses and any such other items shall be determined on a daily, monthly, monthly or other basis, as determined by the Directors Governors using any permissible method under Code Section 706 and the Regulations thereunder.
Appears in 15 contracts
Samples: Operating Agreement, Member Control Agreement (Gold Energy LLC), Member Control Agreement (Minnergy LLC)
Other Allocation Rules. (a) For purposes of determining the ProfitsProfit, LossesLoss, or any other items allocable to any period, ProfitsProfit, LossesLoss, and any such other items shall be determined on a daily, monthly, or other basis, as determined by the Directors Owner Trustee, under the direction of the Super-majority Owners, using any method permissible method under section 706 of the Code Section 706 and the Regulations thereunder.
Appears in 14 contracts
Samples: Trust Agreement (National Collegiate Student Loan Trust 2007-4), Trust Agreement (National Collegiate Student Loan Trust 2006-1), Trust Agreement (National Collegiate Funding LLC)
Other Allocation Rules. (a) For purposes of determining the Profits, Losses, or any other items allocable to any period, Profits, Losses, and any such other items shall be determined on a daily, monthly, or other basis, as determined by the Directors Members using any permissible method under Code Section 706 and the Regulations thereunder.
Appears in 13 contracts
Samples: Operating Agreement (Sg Blocks, Inc.), Operating Agreement (Safe & Green Development Corp), Membership Interest Purchase Agreement (MJ Holdings, Inc.)
Other Allocation Rules. (a) For purposes of determining the Profits, Losses, or any other items allocable to any period, Profits, Losses, and any such other items shall be determined on a daily, monthly, or other basis, as determined by the Directors Managing Member using any permissible method under Code Section 706 and the Treasury Regulations thereunder.
Appears in 11 contracts
Samples: Operating Agreement (Bloom Energy Corp), Operating Agreement (Bloom Energy Corp), Operating Agreement (Bloom Energy Corp)
Other Allocation Rules. (a) For purposes of determining the Profits, Losses, or any other items allocable to any period, Profits, Losses, and any such other items shall be determined on a daily, monthly, or other basis, as determined by the Directors General Partner using any permissible method under Code Section 706 and the Regulations thereunder.
Appears in 11 contracts
Samples: Agreement (Liberty Property Trust), Limited Partnership Agreement (Virgin Mobile USA, Inc.), Development Management Agreement (Liberty Property Limited Partnership)
Other Allocation Rules. (a) For purposes of determining the Profits, Losses, or any other items allocable to any period, Profits, Losses, and any such other items shall be determined on a daily, monthly, or other basis, as determined by the Directors Board using any permissible method under Code Section 706 and the Regulations thereunder.
Appears in 10 contracts
Samples: Operating Agreement, Operating Agreement (US BioEnergy CORP), Member Control Agreement
Other Allocation Rules. (a) For purposes of determining the Profits, Losses, or any other items allocable to any period, Profits, Losses, and any such other items shall be determined on a daily, monthly, or other basis, as determined by the Directors Governors using any permissible method under Code Section 706 and the Regulations thereunder.
Appears in 9 contracts
Samples: Operating Agreement (Granite Falls Energy, LLC), Operating Agreement, Operating Agreement (Granite Falls Energy, LLC)
Other Allocation Rules. (a) For purposes of determining the Profits, Losses, Profits and Losses or any other items allocable to any period, Profits, Losses, and any other such other items shall be determined on a daily, monthly, monthly or other basis, as determined by the Directors Company using any method permissible method under Code Section 706 and the Regulations thereunder.
Appears in 9 contracts
Samples: Operating Agreement (Compass Diversified Holdings), Operating Agreement (Compass Diversified Holdings), Operating Agreement (Compass Group Diversified Holdings LLC)
Other Allocation Rules. (a) For purposes of determining the Profits, Losses, or any other items allocable to any period, Profits, Losses, and any such other items shall be determined on a daily, monthly, or other basis, as determined by the Directors Manager using any permissible method under Code Section 706 and the Regulations thereunder.
Appears in 8 contracts
Samples: Limited Liability Company Membership Purchase Agreement (Banyan Corp /Or/), Limited Liability Company Agreement (MCI Income Fund VII, LLC), Limited Liability Company Agreement (MCI Income Fund VII, LLC)
Other Allocation Rules. (a) For purposes of determining the Profits, Losses, or any other items allocable to any period, Profits, Losses, and any such other items shall be determined on a daily, monthly, or other basis, as determined by the Board of Directors using any permissible method under Code Section 706 and the Regulations thereunder.
Appears in 8 contracts
Samples: Operating Agreement (Siouxland Renewable Holdings, LLC), Operating Agreement (Trestle Transport, Inc.), Operating Agreement (Metabolix Inc)
Other Allocation Rules. (a) For purposes of determining the Profits, Losses, or any other items allocable to any period, Profits, Losses, Losses and any such other items shall be determined on a daily, monthly, or other basis, as determined by the Directors Board, using any permissible method under Code Section 706 of the Code and the Treasury Regulations thereunder.
Appears in 7 contracts
Samples: Operating Agreement (Husker Ag LLC), Operating Agreement (Husker Ag LLC), Operating Agreement
Other Allocation Rules. (ai) For purposes of determining the ProfitsNet Income, Net Losses, or any other items allocable to any period, ProfitsNet Income, Net Losses, and any such other items shall be determined on a daily, monthly, or other basis, as determined by the Directors General Partner using any permissible method under Code Section 706 of the Code and the Regulations thereunder.
Appears in 6 contracts
Samples: Regency Centers Lp, Regency Centers Lp, Regency Centers Corp
Other Allocation Rules. (a) For purposes of determining the Net Profits, Net Losses, or any other items allocable to any period, Net Profits, Net Losses, and any such other items shall be determined on a daily, monthly, or other basis, as determined by the Directors Manager using any permissible method under Code Section § 706 and the Treasury Regulations thereunderapplicable thereto.
Appears in 5 contracts
Samples: Operating Agreement (Harrison Vickers & Waterman Inc), Operating Agreement (Harrison Vickers & Waterman Inc), Operating Agreement (Attitude Drinks Inc.)
Other Allocation Rules. (ai) For purposes of determining the Profits, Losses, or any other items item allocable to any periodperiod (including periods before and after the admission of a new Partner), Profits, Losses, and any such other items item shall be determined on a daily, monthly, or other basis, as determined and allocated by the Directors General Partner using any permissible method under Code Section 706 of the Code and the Regulations thereunder.
Appears in 5 contracts
Samples: Agreement (Young Touchstone Co), Agreement, Safeway Stores 42, Inc.
Other Allocation Rules. (a) For purposes of determining the Profits, Losses, or any other items item allocable to any period, Profits, Losses, and any such other items item shall be determined on a daily, monthly, or other basis, as determined by the Directors Management Committee using any permissible method under Code Section 706 and the Regulations thereunder.
Appears in 5 contracts
Samples: Limited Liability Company Agreement (Dean Foods Co), Limited Liability Company Agreement (Consolidated Container Co LLC), Limited Liability Company Agreement (Consolidated Container Co LLC)
Other Allocation Rules. (a) For purposes of determining the Profits, Losses, or Losses and any other items allocable to any period, Profits, Losses, Losses and any such other items shall be determined on a daily, monthly, monthly or other basis, as determined by the Directors Board using any permissible method under Code Section 706 and the Regulations thereunder.
Appears in 5 contracts
Samples: Operating Agreement (Nedak Ethanol, LLC), Operating Agreement (Nedak Ethanol, LLC), Operating Agreement (Nedak Ethanol, LLC)
Other Allocation Rules. (a) A. For purposes of determining the Profits, Losses, Losses or any other items allocable to any period, Profits, Losses, Losses and any such other items shall be determined on in a daily, monthly, monthly or other basis, as determined by the Directors General Partner using any permissible method under Code Section 706 and the Regulations thereunderthereunder (including proration or a closing of the books).
Appears in 4 contracts
Samples: Bradley Operating L P, Bradley Operating L P, Heritage Property Investment Trust Inc
Other Allocation Rules. (ac) For purposes of determining the Profits, Losses, Losses or any other items allocable to any periodFiscal Period, Profits, Losses, Losses and any such other items shall be determined on a daily, monthly, monthly or other basis, basis as determined by the Directors Tax Matters Member in its reasonable discretion using any permissible method under Code Section 706 and the Regulations thereunder.
Appears in 4 contracts
Samples: Limited Liability Company Agreement (Chatham Lodging Trust), Limited Liability Company Agreement (Chatham Lodging Trust), Limited Liability Company Agreement (Chatham Lodging Trust)
Other Allocation Rules. (a) For purposes of determining the Profits, Losses, or any other items allocable to any period, Profits, Losses, and any such other items shall be determined on a daily, monthly, or other basis, as determined by the Directors General Partner using any permissible method under Code Section 706 and the Treasury Regulations thereunder.
Appears in 4 contracts
Samples: Agreement (Triangle Capital CORP), Agreement (Triangle Capital CORP), Agreement (Triangle Mezzanine Fund LLLP)
Other Allocation Rules. (a) For purposes of determining the Profits, Losses, or any other items allocable to any period, Profits, Losses, and any such other items shall be determined on a daily, monthly, or other basis, as reasonably determined by the Directors Members using any permissible method under Code Section 706 and the Treasury Regulations thereunder.
Appears in 4 contracts
Samples: Limited Liability Company Agreement (Carramerica Realty Corp), Limited Liability Company Agreement (REITPlus, Inc.), Limited Liability Company Agreement (Igene Biotechnology Inc)
Other Allocation Rules. (a) For purposes of determining the Profits, Losses, Losses or any other items allocable to any period, Profits, Losses, Losses and any such other items shall be determined on a daily, monthly, monthly or other basis, as determined by the Directors Managing Member, using any permissible method under Code Section 706 of the Code and the Regulations thereunder.
Appears in 4 contracts
Samples: Limited Liability Company Operating Agreement (Carey Watermark Investors Inc), Limited Liability Company Operating Agreement (Carey Watermark Investors Inc), Limited Liability Company Operating Agreement (Carey Watermark Investors Inc)
Other Allocation Rules. (a) For purposes of determining the Profits, Losses, or any other items item allocable to any periodperiod (including allocations to take into account any changes in any Member's Sharing Ratio during a Fiscal Year and any transfer of any interest in the Company), Profits, Losses, and any such other items item shall be determined on a daily, monthly, or other basis, as determined by the Directors Managing Member using any permissible method under Code Section 706 of the Code and the Regulations thereunder.
Appears in 3 contracts
Samples: Operating Agreement (Residential Funding Mortgage Securities Ii Inc), Operating Agreement (Residential Funding Mortgage Securities Ii Inc), Operating Agreement (Residential Funding Mortgage Securities Ii Inc)
Other Allocation Rules. (a) For purposes of determining the Profits, Losses, Losses or any other items allocable to any period, Profits, Losses, Losses and any such other items shall be determined on a daily, monthly, monthly or other basis, basis as determined by the Directors Tax Matters Member using any permissible method under Code Section 706 of the Code and the Regulations thereunder.
Appears in 3 contracts
Samples: Limited Liability Company Agreement (Fortress Registered Investment Trust), Limited Liability Company Agreement (Capital Z Financial Services Fund Ii Lp), Limited Liability Company Agreement (Fortress Brookdale Acquisition LLC)
Other Allocation Rules. (a) For purposes of determining the Profits, Losses, or any other items allocable to any period, Profits, Losses, and any such other items shall be determined on a daily, monthly, or other basis, as determined by the Directors Managers (or the transferring Member as provided in Section 12.3) using any permissible method under Code Section section 706 and the Regulations thereunder.
Appears in 3 contracts
Samples: Operating Agreement (Crown Energy Corp), Operating Agreement (Crown Energy Corp), Operating Agreement (Crown Energy Corp)
Other Allocation Rules. (a) For purposes of determining the Profits, Losses, Losses or any other items allocable to any taxable period, Profits, Losses, Losses and any such other items shall be determined on a daily, monthly, monthly or other basis, basis as determined by the Directors Management Board in its reasonable discretion using any permissible method under Code Section 706 and the Regulations thereunder.
Appears in 3 contracts
Samples: Limited Liability Company Agreement (Keane Group, Inc.), Liability Company Agreement (Albertsons Companies, Inc.), Limited Liability Company Agreement (Keane Group, Inc.)
Other Allocation Rules. (a) For purposes of determining the Profits, Losses, or any other items item allocable to any period, Profits, Losses, and any such other items item shall be determined on a daily, monthly, or other basis, as determined by the Directors Executive Committee using any permissible method under Code Section section 706 and the Regulations thereunder.
Appears in 3 contracts
Samples: Sales and Marketing Contract (New Home Co Inc.), Limited Liability Company Agreement (New Home Co LLC), Limited Liability Company Agreement (New Home Co LLC)
Other Allocation Rules. (ai) For purposes of determining the Net Profits, Losses, Net Losses or any other items allocable to any period, Net Profits, Net Losses, and any such other items shall be determined on a daily, monthly, or other basis, as determined by the Directors Managing Member using any permissible method under Code Section 706 and the Treasury Regulations thereunder.
Appears in 3 contracts
Samples: Contribution Agreement (RiverBanc Multifamily Investors, Inc.), Limited Liability Company Agreement (RiverBanc Multifamily Investors, Inc.), Limited Liability Company Agreement (RiverBanc Multifamily Investors, Inc.)
Other Allocation Rules. (ai) For purposes of determining the Profits, Lossesincome or losses, or any other items allocable to any period, Profitsincome, Losseslosses, and any such other items shall be determined on a daily, monthly, or other basis, as determined by the Directors Managing Member using any permissible method under Code described in Section 706 of the Code and the Treasury Regulations thereunder.
Appears in 3 contracts
Samples: Purchase and Sale Agreement (Pattern Energy Group Inc.), Limited Liability Company Agreement (Pattern Energy Group Inc.), Limited Liability Company Agreement (Pattern Energy Group Inc.)
Other Allocation Rules. (a) For purposes of When determining the Profitsitems of income, Lossesgain, or any other items loss and deduction allocable to any relevant period, Profits, Losses, and any such other items shall must be determined on a daily, monthly, or other basis, as determined by the Directors Company using any permissible method under Code Section 706 and the Treasury Regulations thereunderunder that Code section.
Appears in 3 contracts
Samples: Contribution Agreement (Energy Transfer Partners, L.P.), Contribution Agreement (Energy Transfer Equity, L.P.), Contribution Agreement (Oge Energy Corp.)
Other Allocation Rules. (a) For purposes of determining the Profits, Losses, or any other items allocable to any period, Profits, Losses, and any such other items shall be determined on a daily, monthly, or other basis, as determined by a Required Majority Vote of the Directors Partnership Board using any permissible method under Code Section 706 and the Regulations thereunder.
Appears in 3 contracts
Samples: Comcast Corp, Tele Communications Inc /Co/, Sprint Corp
Other Allocation Rules. (a) For purposes of determining the Profits, Losses, or any other items allocable to any period, Profits, Losses, and any such other items shall be determined on a daily, monthly, or other basis, as determined by the Directors Board of Managers using any permissible method under Code Section 706 and the Treasury Regulations thereunder.
Appears in 3 contracts
Samples: Limited Liability Company Agreement (Liberty Media Corp /De/), Limited Liability Company Agreement (Idt Corp), Limited Liability Company Agreement (Idt Corp)
Other Allocation Rules. (a) For purposes of determining the Profits, Losses, or any other items allocable to any period, Profits, Losses, and any such other items shall be determined on a daily, monthly, or other basis, as determined by the Directors Management Committee using any permissible method under Code Section 706 and the Regulations thereunder.
Appears in 3 contracts
Samples: Operating Agreement, Limited Liability Company Agreement (Norfolk Southern Corp), Limited Liability Company Operating Agreement (Western Wind Energy Corp)
Other Allocation Rules. (a) For purposes of determining the Net Profits, Net Losses, or any other items allocable to any period, Net Profits, Net Losses, and any such other items shall be determined on a daily, monthly, or other basis, as determined by the Directors General Partner using any permissible method under Code Section 706 of the Code and the Regulations thereunder.
Appears in 3 contracts
Samples: And Restated Agreement (Foundation Capital Resources Inc), Foundation Capital Resources Inc, RRC Operating Partnership of Georgia L P
Other Allocation Rules. (a1) For purposes of determining the Profits, Losses, Losses or any other items allocable to any period, Profits, Losses, Losses and any such other items shall be determined on a daily, monthly, or other basis, as determined by the Directors General Partner using any permissible method under Code Section 706 and the Regulations thereunder.
Appears in 3 contracts
Samples: Capital Lodging, Capital Lodging, First Potomac Realty Trust
Other Allocation Rules. (a) For purposes of determining the Profits, Losses, Profits and Losses or any other items allocable to any period, Profits, Losses, and any other such other items shall be determined on a daily, monthly, monthly or other basis, as determined by the Directors Trust using any method permissible method under Code Section 706 and the Regulations thereunder.
Appears in 3 contracts
Samples: Fourth Amendment (Compass Diversified Holdings), Third Amendment (Compass Group Diversified Holdings LLC), Trust Agreement (Compass Group Diversified Holdings LLC)
Other Allocation Rules. (a) For purposes of determining the Profits, Losses, or any other items allocable to any period, Profits, Losses, and any such other items shall be determined on a daily, monthly, or other basis, as determined by the Directors General Partner using any permissible method under Code Section 706 of the Code and the Regulations thereunder.
Appears in 3 contracts
Samples: Limited Partnership Agreement (Atlantic Oklahoma Wind, LLC), Limited Partnership Agreement (Atlantic Oklahoma Wind, LLC), General Public Utilities Corp /Pa/
Other Allocation Rules. (a) For purposes of determining the Profits, Losses, or Losses and any other items allocable to any period, Profits, Losses, Losses and any such other items shall be determined on a daily, monthly, monthly or other basis, as determined by the Directors Managers using any permissible method under Code Section 706 and the Regulations thereunder.
Appears in 3 contracts
Samples: Operating Agreement (Buffalo Ridge Energy, LLC), Company Agreement (Liberty Renewable Fuels LLC), Company Agreement (Liberty Renewable Fuels LLC)
Other Allocation Rules. (a) For purposes of determining the Profits, Losses, or any other items item allocable to any periodperiod (including periods before and after the admission of a new Member), Profits, Losses, and any such other items item shall be determined on a daily, monthly, or other basis, as reasonably determined and allocated by the Directors Manager using any permissible method under Code Section 706 of the Code and the Regulations thereunder.
Appears in 2 contracts
Samples: Limited Liability Company Agreement, Limited Liability Company Agreement
Other Allocation Rules. (a) For purposes of determining the Profits, Losses, or any other items allocable to any period, Profits, Losses, and any such other items shall be determined on a daily, monthly, or other basis, as reasonably determined by the Directors Managing Member using any permissible method under Code Section 706 and the Treasury Regulations thereunder.
Appears in 2 contracts
Samples: Limited Liability Company Agreement (Columbia Equity Trust, Inc.), Limited Liability Company Agreement (Columbia Equity Trust, Inc.)
Other Allocation Rules. (a) For purposes of determining the Profits, Losses, Losses or any other items allocable to any period, Profits, Losses, Losses and any such other items shall be determined on a daily, monthly, or other basis, as determined by the Directors Management Committee using any permissible method under Code Section 706 and the Regulations thereunder.
Appears in 2 contracts
Samples: Operating Agreement (OCM HoldCo, LLC), Operating Agreement (OCM HoldCo, LLC)
Other Allocation Rules. (a) For purposes of determining the Profits, Losses, or any other items allocable to any period, Profits, Losses, and any such other items shall be determined on a daily, monthly, or other basis, as determined by the Directors Board of Managers using any permissible method under Code Section 706 and the Regulations thereunder.
Appears in 2 contracts
Samples: Limited Liability Company Operating Agreement (New England Realty Associates Limited Partnership), Limited Liability Company Agreement (Viant Technology Inc.)
Other Allocation Rules. (a) i. For purposes of determining the Profitsnet profits, Losses, net losses or any other items allocable to any period, Profitsnet profits, Losses, net losses and any such other items shall be determined on a daily, monthly, monthly or other basis, basis as determined by the Directors General Partner using any permissible method under Code Section 706 and the Regulations thereunder.
Appears in 2 contracts
Samples: Limited Partnership Agreement (American Gas & Technology LP), Limited Partnership Agreement (American Gas & Technology LP)
Other Allocation Rules. (a) For purposes of determining the Profits, Losses, Losses or any other items allocable to any period, Profits, Losses, Losses and any such other items shall be determined on a daily, monthly, or other basis, as determined by the Directors Managing General Partner using any permissible method under Code Section section 706 and the Regulations thereunder.
Appears in 2 contracts
Samples: Reef Oil & Gas Drilling & Income Fund, L.P., Reef Oil & Gas Income & Development Fund III LP
Other Allocation Rules. (a) For Subject to Section 4.1, for purposes of determining the Profits, Losses, or any other items allocable to any period, Profits, Losses, and any such other items shall be determined on a daily, monthly, or other basis, as determined by the Directors Manager using any permissible method under Code Section 706 and the Regulations thereunder.
Appears in 2 contracts
Samples: Operating Agreement, Operating Agreement
Other Allocation Rules. (a) 3.11.1 For purposes of determining the Profits, Losses, or any other items allocable to any period, Profits, Losses, and any such other items shall be determined on a daily, monthly, or other basis, as determined by the Directors Board using any permissible method under Code Section 706 and the Regulations thereunder.
Appears in 2 contracts
Samples: LLC Operating Agreement (Endexx Corp), LLC Operating Agreement (Endexx Corp)
Other Allocation Rules. (a1) For purposes of determining the Profits, Losses, Losses or any other items allocable to any period, Profits, Losses, Losses and any such other items shall be determined on a daily, monthly, or other basis, as determined by the Directors Members using any permissible method under Code Section 706 and the Regulations thereunder.
Appears in 2 contracts
Samples: Limited Liability Company Agreement (Thermoenergy Corp), Operating Agreement (Old Line Bancshares Inc)
Other Allocation Rules. (a) 3.5.1 For purposes of determining the Profits, Losses, or any other items allocable to any period, Profits, Losses, and any such other items shall will be determined on a daily, monthly, or other basis, as determined by the Directors Managers using any permissible method under Code Section 706 and the Regulations thereunder.
Appears in 2 contracts
Samples: Operating Agreement (Life Time Fitness Inc), Operating Agreement (Life Time Fitness Inc)
Other Allocation Rules. (a) For Except as otherwise provided herein, for purposes of determining the Net Profits, Net Losses, or any other items allocable to any period, Net Profits, Net Losses, and any such other items shall be determined on a daily, monthly, or other basis, as determined by the Directors Members using any permissible method under Code Section 706 and the Regulations thereunder.
Appears in 2 contracts
Samples: Operating Agreement (Hollinger Nci Holdings LLC), Operating Agreement (News Communications Inc)
Other Allocation Rules. (ai) For purposes of determining the Profits, Losses, Losses or any other items allocable to any period, Profits, Losses, Losses and any such other items shall be determined on a daily, monthly, monthly or other basis, as determined by the Directors Management Committee using any permissible method under Code Section 706 and the Regulations thereunder.
Appears in 2 contracts
Samples: Limited Liability Company Agreement (Metropcs Communications Inc), Limited Liability Company Agreement (Metropcs Communications Inc)
Other Allocation Rules. (ai) For purposes of determining the Profits, Losses, Losses or any other items item allocable to any period, Profits, Losses, and any such other items shall will be determined on a daily, monthly, monthly or other basis, basis as determined by the Directors Tax Matters Member using any a permissible method under Code Section 706 and the Regulations thereunderrelated Regulations.
Appears in 2 contracts
Samples: Limited Liability Company Agreement (El Paso Pipeline Partners, L.P.), Limited Liability Company Agreement (El Paso Pipeline Partners, L.P.)
Other Allocation Rules. (a) For Except as otherwise provided in Section 5.1, for purposes of determining the Profits, Losses, or any other items allocable to any period, Profits, Losses, and any such other items shall be determined on a daily, monthly, or other basis, as determined by the Directors General Partner using any permissible method under Code Section 706 of the Code and the Regulations thereunder.
Appears in 2 contracts
Samples: Fossil Inc, Fossil Inc
Other Allocation Rules. (ai) For purposes of determining the Profits, Losses, or any other items allocable to any period, Profits, Losses, and any such other items shall be determined on a daily, monthly, or other basis, as determined by the Directors Managing Member using any permissible method under Code Section 706 and the Treasury Regulations thereunder.
Appears in 2 contracts
Samples: Limited Liability Company Agreement (Noble Environmental Power LLC), Limited Liability Company Agreement (Noble Environmental Power LLC)
Other Allocation Rules. (a) For Except as otherwise provided herein, for purposes of determining the Net Profits, Net Losses, or any other items allocable to any period, Net Profits, Net Losses, and any such other items shall be determined on a daily, monthly, or other basis, as determined by the Directors Managing Member or the Board, as applicable, using any permissible method under Code Section 706 and the Regulations thereunder.
Appears in 2 contracts
Samples: Limited Liability Company Agreement (Manning & Napier, Inc.), Limited Liability Company Agreement (Manning & Napier, Inc.)
Other Allocation Rules. (a) For purposes of determining the Profits, Losses, Losses or any other items allocable to any period, Profits, Losses, Losses and any such other items shall be determined on a daily, monthly, monthly or other basis, as determined by the Directors Managing General Partner using any permissible method under Code Section 706 and the Regulations thereunder.
Appears in 2 contracts
Samples: Agreement (Ventas Inc), Brookdale Living Communities Inc
Other Allocation Rules. (a) For purposes of determining the Profits, Losses, or any other items allocable to any period, Profits, Losses, and any such other items shall be determined on a daily, monthly, or other basis, as determined by the Directors Members Committee using any permissible method under Code Section 706 and the Regulations thereunder.
Appears in 2 contracts
Samples: Limited Liability Company Agreement (Nstar/Ma), Limited Liability Company Agreement (Public Service Co of New Hampshire)
Other Allocation Rules. (a) For purposes of determining the C.7.1. Profits, Losses, Losses or any other items allocable to any period, Profits, Losses, and any such other items period shall be determined on a daily, monthly, monthly or other basis, as determined by the Board of Directors using any permissible method under Code Section 706 of the Code and the Treasury Regulations thereunder.
Appears in 2 contracts
Samples: Limited Liability Company Agreement, Limited Liability Company Agreement (Linn Energy, LLC)
Other Allocation Rules. (a) For purposes of determining the ProfitsProfit, LossesLoss, or any other items allocable to any period, ProfitsProfit, LossesLoss, and any such other items shall be determined on a daily, monthly, or other basis, as determined by the Directors Owner Trustee, under the direction of the Supermajority Owners, using any method permissible method under section 706 of the Code Section 706 and the Regulations thereunder.
Appears in 2 contracts
Samples: Alternative Servicing Agreement, www.studentloanlawworkshop.net
Other Allocation Rules. (a) For purposes of determining the Profits, Losses, Losses or any other items allocable to any period, Profits, Losses, Losses and any such other items shall be determined on a daily, monthly, monthly or other basis, as determined by the Directors Managing Partner using any permissible method under Code Section 706 and the Regulations thereunder.
Appears in 2 contracts
Samples: Partnership Agreement (Brookdale Living Communities Inc), Partnership Agreement (Brookdale Living Communities Inc)
Other Allocation Rules. (a) For purposes of determining the Profits, Losses, or Losses and any other items of income, gain, loss and deduction allocable to any period, Profits, Losses, Losses and any such other items shall will be determined on a daily, monthly, monthly or other basis, as determined by the Directors Management Committee using any permissible method under Code Section 706 and the Treasury Regulations thereunder.
Appears in 2 contracts
Samples: Operating Agreement (Bluegreen Corp), Operating Agreement (BBX Capital Corp)
Other Allocation Rules. (a) For purposes of determining the Profits, Losses, or any other items allocable to any period, Profits, Losses, and any such other items shall be determined on a daily, monthly, or other basis, as determined by the Directors General Partners using any permissible method under Code Section 706 and the Regulations thereunder.
Appears in 2 contracts
Samples: OHI Asset (CT) Lender, LLC, OHI Asset (CT) Lender, LLC
Other Allocation Rules. (a) For purposes of determining the Profits, Losses, or and any other items allocable to any period, Profits, Losses, and any such other items period shall be determined on a daily, monthly, or other basis, as determined by the Directors Executive Committee using any permissible method under Code Section § 706 and the Regulations thereunder.
Appears in 2 contracts
Samples: Limited Liability Company Agreement (Limoneira CO), Limited Liability Company Agreement (Limoneira CO)
Other Allocation Rules. (a) For purposes of determining the Profits, Losses, or any other items allocable to any period, Profits, Losses, and any such other items shall be determined on a daily, monthly, or other basis, as determined by the Directors unanimous agreement of the Members using any permissible method under Code Section 706 and the Regulations thereunder.
Appears in 2 contracts
Samples: Limited Liability Company Agreement (Kansas City Southern), Limited Liability Company Agreement (Norfolk Southern Corp)
Other Allocation Rules. (a) For purposes of determining the A.6.1 Profits, Losses, Losses or any other items allocable to any period, Profits, Losses, and any such other items period shall be determined on a daily, monthly, monthly or other basis, as determined by the Directors Manager using any permissible method under section 706 of the Code Section 706 and the Treasury Regulations thereunder.
Appears in 2 contracts
Samples: Limited Liability Company Agreement (Jagged Peak Energy Inc.), Limited Liability Company Agreement (Jagged Peak Energy Inc.)
Other Allocation Rules. (a) For purposes of determining the Profits, Losses, or any other items allocable to any period, Profits, Losses, Losses and any such other items shall be determined on a daily, monthly, or other basis, as determined by the Directors Board, using any permissible method under Code Section 706 of the Code and the Treasury Regulations thereunder.
Appears in 2 contracts
Samples: Operating Agreement (Nedak Ethanol, LLC), Member Control Agreement (Granite Falls Community Ethanol Plant LLC)
Other Allocation Rules. (a) For Except as otherwise provided herein, for purposes of determining the Net Profits, Net Losses, or any other items allocable to any period, Net Profits, Net Losses, and any such other items shall be determined on a daily, monthly, or other basis, as determined by the Directors Managing Member, using any permissible method under Code Section 706 and the Regulations thereunder.
Appears in 2 contracts
Samples: Limited Liability Company Agreement (Manning & Napier, Inc.), Limited Liability Company Agreement (Manning & Napier, Inc.)
Other Allocation Rules. (a) For purposes of determining the Net Profits, Losses, Net Losses or any other items allocable to any period, Net Profits, Losses, Net Losses and any such other items shall be determined on a daily, monthly, or other basis, as determined by the Directors General Partners using any permissible method under Code Section 706 of the Code and the Regulations thereunder.
Appears in 2 contracts
Samples: Town & Country Trust, Town & Country Trust
Other Allocation Rules. (a) For purposes of determining the Profits, Losses, Losses or any other items allocable to any period, those Profits, Losses, Losses and any such other items shall be determined on a daily, monthly, monthly or other basis, as determined by the Directors Board using any permissible method under Code Section section 706 and the Regulations thereunder.
Appears in 2 contracts
Samples: Member Control Agreement (Lakes Gaming Inc), Member Control Agreement (Lakes Gaming Inc)
Other Allocation Rules. (a) For purposes of determining the Profits, Losses, or any other items allocable to any taxable period, Profits, Losses, and any such other items shall be determined on a daily, monthly, or other basis, as determined by the Directors Board using any permissible method under Code Section 706 and the Regulations thereunder.
Appears in 2 contracts
Samples: Limited Liability Company Agreement (HUGHES Telematics, Inc.), Limited Liability Company Agreement (HUGHES Telematics, Inc.)
Other Allocation Rules. (a) For purposes of determining the Profits, Losses, or any other items allocable to any period, Profits, Losses, and any such other items shall be determined on a daily, monthly, or other basis, as reasonably determined by the Directors Partners using any permissible method under Code Section 706 and the Treasury Regulations thereunder.
Appears in 2 contracts
Samples: Management Agreement (Cedar Shopping Centers Inc), Lease Agreement (Cedar Shopping Centers Inc)
Other Allocation Rules. (a) For purposes of determining the Profits, Losses, or any other items allocable to any period, Profits, Losses, and any such other items shall be determined on a daily, monthly, monthly or other basis, as determined by the Directors General Partner using any permissible method under Code Section (S) 706 and the Treasury Regulations thereunder.
Appears in 2 contracts
Samples: Agreement (Radnor Holdings Corp), Radnor Holdings Corp
Other Allocation Rules. (a) For purposes of determining the Profits, Losses, or any other items allocable to any period, Profits, Losses, and any such other items shall be determined on a daily, monthly, ’ or other basis, as determined by the Directors Partnership Committee using any permissible method under Code Section 706 and the Regulations thereunder.
Appears in 2 contracts
Samples: OCI Resources LP, OCI Resources LP
Other Allocation Rules. (a) For purposes of determining the Profits, Losses, or any other items allocable to any period, Profits, Losses, and any such other items shall be determined on a daily, monthly, or other basis, as determined by the Directors Board using any permissible method under Code Section 706 of the Code and the Regulations thereunder.
Appears in 2 contracts
Samples: Limited Liability Company Agreement (NRG Retail LLC), Limited Liability Company Agreement (NRG Retail LLC)
Other Allocation Rules. (a) For purposes of determining the Profits, Losses, or any other items allocable to any period, Profits, Losses, and any such other items shall be determined on a daily, monthly, or other basis, as determined by the Directors using any permissible method under Code CODE Section 706 and the Regulations thereunder.
Appears in 1 contract
Other Allocation Rules. (a1) For purposes of determining the Profitsprofits, Losseslosses, or any other items allocable to any period, Profitsprofits, Losseslosses, and any such other items shall be determined on a daily, monthly, or other basis, as determined by the Board of Directors using any permissible method under Code Section 706 and the Regulations thereunder.
Appears in 1 contract
Other Allocation Rules. (a) For purposes of determining the Profits, Losses, or any other items allocable to any period, Profits, Losses, and any such other items shall be determined on a daily, monthly, or other basis, as determined by the Directors Board of Managers in its reasonable discretion using any permissible method under Code Section 706 of the Code and the Regulations thereunder.
Appears in 1 contract
Samples: Limited Liability Company Operating Agreement (Asta Funding Inc)
Other Allocation Rules. (a) For purposes of determining the Profits, Losses, or any other items allocable to any period, Profits, Losses, and any such other items shall be determined on a daily, monthly, or other basis, as determined by the Directors Members using any permissible method under Code Section § 706 and the Regulations thereunder.
Appears in 1 contract
Other Allocation Rules. (a) For purposes of determining the Profitsprofits, Losseslosses, or any other items allocable to any period, Profitsprofits, Losseslosses, and any such other items shall be determined on a daily, monthly, or other basis, as determined by the Directors Partners using any permissible method under Code Section 706 and the Treasury Regulations thereunder.
Appears in 1 contract
Samples: Rw Holdings NNN Reit, Inc.
Other Allocation Rules. (a) For i)For purposes of determining the Profits, Losses, or any other items item allocable to any periodperiod (including periods before and after the admission of a new Member), Profits, Losses, and any such other items item shall be determined on a daily, monthly, or other basis, as determined and allocated by the Directors Manager using any permissible method under Code Section 706 of the Code and the Treasury Regulations thereunder.
Appears in 1 contract
Samples: Company Agreement (Vernafund CF LLC)
Other Allocation Rules. (a) For purposes of determining the Profits, Losses, or any other items allocable to any period, Profits, Losses, and any such other items shall be determined on a daily, monthly, or other basis, as determined by a Required Majority Vote of the Directors General Partner using any permissible method under Code Section 706 and the Regulations thereunder.
Appears in 1 contract
Samples: After (Wcof, LLC)
Other Allocation Rules. (a) For purposes of determining the Profitsincome, Lossesgain, loss, deduction or any other items allocable to any period, Profitsincome, Lossesgain, loss, deduction and any such other items shall be determined on a daily, monthly, monthly or other basis, basis as determined by the Directors Managers using any permissible method under Code Section 706 and the Treasury Regulations thereunder.
Appears in 1 contract
Other Allocation Rules. (a) For purposes of determining the Profits, Losses, or any other items allocable to any period, Profits, Losses, and any such other items shall be determined on a daily, monthly, or other basis, as determined by the Directors Majority in Interest using any permissible method under Code Section 706 and the Regulations thereunder.
Appears in 1 contract
Samples: Limited Liability Company Agreement (MGP Ingredients Inc)
Other Allocation Rules. (a) For purposes of determining the Profits, ---------------------- Losses, or any other items allocable to any period, Profits, Losses, Losses and any such other items shall be determined on a daily, monthly, or other basis, as determined by the Directors Board, using any permissible method under Code Section 706 of the Code and the Treasury Regulations thereunder.
Appears in 1 contract
Samples: Husker Ag Processing LLC
Other Allocation Rules. (a) For purposes of determining the Profits, Losses, Profits or Losses or any other items allocable to any period, Profits, Losses, and Losses or any such other items shall be determined on a daily, monthly, monthly or other basis, basis Limited Liability Company Agreement as determined by the Directors Manager using any permissible method under Code Section 706 and the Regulations thereunder.
Appears in 1 contract
Samples: Master Services Agreement (Global Eagle Entertainment Inc.)
Other Allocation Rules. (ai) For purposes of determining the Profits, Losses, or any other items allocable to any period, Profits, Losses, and any such other items shall be determined on a daily, monthly, or other basis, as determined by the Directors Board using any permissible method under Code Section 706 and the Regulations thereunder.
Appears in 1 contract
Samples: Operating Agreement (Gevo, Inc.)
Other Allocation Rules. (ai) For purposes of determining the Profits, Lossesincome or losses, or any other items allocable to any period, Profitsincome, Losseslosses, and any such other items shall be determined on a daily, monthly, or other basis, as determined by the Directors Managing Member using any permissible method under Code the closing of the books method described in Section 706 of the Code and the Treasury Regulations thereunder.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Pattern Energy Group Inc.)
Other Allocation Rules. (a) For purposes of determining the Profits, Losses, Losses or any other items allocable to any period, Profits, Losses, Losses and any such other items shall be determined on a daily, monthly, monthly or other basis, as determined by the Directors General Partner using any permissible method under Code Section 706 and the Treasury Regulations thereunder.
Appears in 1 contract
Samples: Columbia Energy Group
Other Allocation Rules. (ai) For purposes of determining the Profits, Losses, or any other items item allocable to any periodperiod (including periods before and after the admission of a new Partner), Profits, Losses, and any such other items item shall be determined on a daily, monthly, or other basis, as determined and allocated by the Directors Management Committee using any permissible method under Code Section 706 of the Code and the Regulations thereunder.
Appears in 1 contract
Other Allocation Rules. (a) For purposes of determining the Profits, Losses, or any other items allocable to any period, Profits, Losses, and any such other items shall be determined on a daily, monthly, or other basis, as determined by the Directors General Partner using any permissible method under Code Section ss. 706 and the Regulations thereunder.
Appears in 1 contract
Samples: Macklowe Properties Inc
Other Allocation Rules. (a) For purposes of determining the Profits, Losses, or any other items item allocable to any period, Profits, Losses, and any such other items shall item will be determined on a daily, monthly, or other basis, as determined by the Directors Manager (with the consent of the Required Members) using any permissible method under Code Section 706 and the Tax Regulations thereunder.
Appears in 1 contract
Other Allocation Rules. (ai) For purposes of determining the Profits, Losses, or any other items allocable to any period, Profits, Losses, and any such other items shall be determined on a daily, monthly, or other basis, as determined by the Directors basis using any permissible method under Code Section 706 and the Regulations thereunder.
Appears in 1 contract
Other Allocation Rules. (a) For purposes of determining the Profits, Losses, or any other items allocable to any period, Profits, Losses, and any such other items shall be determined on a daily, monthly, or other basis, as determined by the Directors Members using any permissible method under Code Section 706 and the Treasury Regulations thereunder.
Appears in 1 contract
Other Allocation Rules. (a) For purposes of determining the Profits, Losses, or any other items allocable to any period, Profits, Losses, and any such other items shall be determined on a daily, monthly, ’ or other basis, as determined by the Directors Board using any permissible method under Code Section 706 and the Regulations thereunder.
Appears in 1 contract
Samples: Limited Liability Company Agreement (OCI Resources LP)
Other Allocation Rules. (a) For purposes of determining the Profits, Losses, or any other items allocable to any period, Profits, Losses, and any such other items shall be determined on a daily, monthly, or other basis, as determined by the Directors Manager, using any permissible method under Code Section 706 and the Regulations thereunder.
Appears in 1 contract
Samples: Operating Agreement
Other Allocation Rules. (a) For purposes of determining the Profits, Losses, Losses or any other items allocable to any periodFiscal Period, Profits, Losses, Losses and any such other items shall be determined on a daily, monthly, monthly or other basis, basis as determined by the Directors Management Board in its reasonable discretion using any permissible method under Code Section 706 and the Regulations thereunder. The Management Board, in its reasonable discretion, shall determine which Profits, Losses and such other items are attributable of the Business.
Appears in 1 contract
Samples: Operating Agreement (FUND.COM Inc.)
Other Allocation Rules. (ai) For purposes of determining the Profits, Losses, or any other items allocable to any period, Profits, Losses, and any such other items shall be determined on a daily, monthly, or other basis, as reasonably determined by the Directors Partners using any permissible method under Code Section 706 and the Treasury Regulations thereunder.
Appears in 1 contract
Samples: Agreement Regarding Purchase of Partnership Interests (Cedar Shopping Centers Inc)
Other Allocation Rules. (a) A. For purposes of determining the Profits, Losses, or any other items allocable to any period, Profits, Losses, and any such other items shall be determined on a daily, monthly, monthly or other basis, as determined by the Directors General Partner using any permissible method under Code Section 706 and the Regulations thereunder.. ACTIVE/98509230.8
Appears in 1 contract
Samples: Limited Partnership Agreement (Acadia Realty Trust)
Other Allocation Rules. (a) For purposes of determining the Profits, Losses, or any other items allocable to any period, Profits, Losses, and any other such other items shall be determined on a daily, monthly, or other basis, as determined by the Directors Company using any permissible method under Code Section 706 and the Regulations thereunder.
Appears in 1 contract
Samples: Operating Agreement (Macquarie Infrastructure Assets Trust)
Other Allocation Rules. (a) For purposes of determining the Profits, Losses, Losses or any other items allocable to any periodFiscal Period, Profits, Losses, Losses and any such other items shall be determined on a daily, monthly, monthly or other basis, basis as determined by the Directors Management Board in its reasonable discretion using any permissible method under Code Section 706 and the Regulations thereunder.
Appears in 1 contract