Common use of Section 754 Adjustment Clause in Contracts

Section 754 Adjustment. To the extent any adjustment to the adjusted tax basis of any Company asset pursuant to Code Section 734(b) or Code Section 743(b) is required, pursuant to Treasury Regulation Section 1.704-1(b)(2)(iv)(m), to be taken into account in determining Capital Accounts, the amount of such adjustment to the Capital Accounts will be treated as an item of gain (if the adjustment increases the basis of the asset) or loss (if the adjustment decreases such basis) and such gain or loss will be specially allocated to the Members in a manner consistent with the manner in which their Capital Accounts are required to be adjusted pursuant to such section of the Treasury Regulations.

Appears in 2 contracts

Sources: Operating Agreement (Playboy Enterprises Inc), Operating Agreement (Claxson Interactive Group Inc)

Section 754 Adjustment. To the extent any that an adjustment to the adjusted tax basis of any Company asset pursuant to Code Section 734(b) or Code Section 743(b) is required, pursuant to Treasury Regulation Regulations Section 1.704-1(b)(2)(iv)(m), to be taken into account in determining Capital Accounts, the amount of such adjustment to the Capital Accounts will shall be treated as an item of gain (if the adjustment increases the basis of the asset) or loss (if the adjustment decreases such basis) the basis of the asset), and such gain or loss will shall be specially allocated to the Members in a manner consistent with the manner in which their Capital Accounts are required to be adjusted pursuant to such section of the Treasury RegulationsRegulations Section 1.704-1(b)(2)(iv)(m).

Appears in 2 contracts

Sources: Company Agreement (FP Tech Holdings, LLC), Company Agreement (Firepond, Inc.)

Section 754 Adjustment. To the extent any an adjustment to the adjusted tax basis of any Company asset pursuant to Code Section 734(b) or Code Section 743(b) is required, pursuant to Treasury Regulation Regulations Section 1.704-1(b)(2)(iv)(m), to be taken into account in determining Capital Accounts, the amount of such adjustment to the Capital Accounts will shall be treated as an item of gain (if the adjustment increases the basis of the asset) or loss (if the adjustment decreases such basis) relating to the asset and such gain or loss will shall be specially allocated to the Members in a manner consistent with the manner in which their Capital Accounts are required to be adjusted pursuant to such section of the Treasury RegulationsRegulations Section.

Appears in 2 contracts

Sources: Limited Liability Company Agreement (Maxygen Inc), Limited Liability Company Agreement (Maxygen Inc)

Section 754 Adjustment. To the extent any an adjustment to the adjusted tax basis of any Company asset pursuant to Code Section 734(b) or Code Section 743(b) is required, pursuant to Treasury Regulation Regulations Section 1.704-1(b)(2)(iv)(ml(b)(2)(iv)(m), to be taken into account in determining Capital Accounts, the amount of such adjustment to the Capital Accounts will shall be treated as an item of gain (if the adjustment increases the basis of the asset) or loss (if the adjustment decreases such basis) and such gain or loss will shall be specially allocated to the Members in a manner consistent with the manner in which their Capital Accounts are required to be adjusted pursuant to such section Section of the Treasury Regulations.

Appears in 1 contract

Sources: Operating Agreement (PAETEC iTel, L.L.C.)

Section 754 Adjustment. To the extent any that an adjustment to the adjusted tax basis of any Company asset pursuant to Code Section 734(b734(h) or Code Section 743(b) is required, pursuant to Treasury Regulation Section 1.704-1(b)(2)(iv)(m), required to be taken into account in determining Capital AccountsAccents, pursuant to Sections 1.704-1(b)(2)(iv)(m) of the Regulations, the amount of such adjustment to the Capital Accounts will shall be treated as an item of gain (if the adjustment increases the basis of the asset) or loss (if the adjustment decreases such basis) ), and such gain or loss will shall be specially allocated to the Members in a manner consistent with the manner in which their Capital Accounts are required to be adjusted pursuant to such section Section of the Treasury Regulations.

Appears in 1 contract

Sources: Limited Liability Company Agreement (CBL & Associates Limited Partnership)

Section 754 Adjustment. To the extent any an adjustment to the adjusted tax basis of any Company asset pursuant to Code Section section 734(b) or Code Section section 743(b) of the Code is required, pursuant to Treasury Regulation Section Treas. Reg. § 1.704-1(b)(2)(iv)(m), to be taken into account in determining Capital Accounts, the amount of such the adjustment to the Capital Accounts will shall be treated as an item of gain (if the adjustment increases the basis of the asset) or loss (if the adjustment decreases such basis) and such the gain or loss will shall be specially allocated to the Members in a manner consistent with the manner in which their Capital Accounts are required to be adjusted pursuant to such section that Section of the Treasury Regulations.

Appears in 1 contract

Sources: Operating Agreement (First Advantage Corp)

Section 754 Adjustment. To the extent any that an adjustment to the adjusted tax basis of any Company asset pursuant to Code Section 734(b) or Code Section 743(b) is required, pursuant to Treasury Regulation Section 1.704-1(b)(2)(iv)(m), required to be taken into account in determining Capital Accounts, pursuant to Sections 1.704-1(b)(2)(iv) (m) of the Regulations, the amount of such adjustment to the Capital Accounts will shall be treated as an item of gain (if the adjustment increases the basis of the asset) or loss (if the adjustment decreases such basis) ), and such gain or loss will shall be specially allocated to the Members in a manner consistent with the manner in which their Capital Accounts are required to be adjusted pursuant to such section Section of the Treasury Regulations.

Appears in 1 contract

Sources: Limited Liability Company Agreement (CBL & Associates Limited Partnership)

Section 754 Adjustment. To the extent any that an adjustment to the adjusted tax basis of any Company asset pursuant to Code Section 734(b) or Code Section 743(b) is required, pursuant to Treasury Regulation Section 1.704-1(b)(2)(iv)(m), required to be taken into account in determining Capital Accounts, pursuant to Sections 1.704-1(b)(2)(iv)(m) of the Regulations, the amount of such adjustment to the Capital Accounts will shall be treated as an item of gain (if the adjustment increases the basis of the asset) or loss (if the adjustment decreases such basis) ), and such gain or loss will shall be specially allocated to the Members in a manner consistent with the manner in which their Capital Accounts are required to be adjusted pursuant to such section Section of the Treasury Regulations.

Appears in 1 contract

Sources: Limited Liability Company Agreement (CBL & Associates Limited Partnership)

Section 754 Adjustment. To the extent any an adjustment to the adjusted tax basis of any asset of the Company asset pursuant to Code Section 734(b) or Code Section 743(b) is required, pursuant to Treasury Regulation Regulations Section 1.704-1(b)(2)(iv)(m), to be taken into account in determining Capital Accounts, the amount of such adjustment to the Capital Accounts will shall be treated as an item of gain (if the adjustment increases the basis of the asset) or loss (if the adjustment decreases such basis) and such gain or loss will shall be specially allocated to the Members in a manner consistent with the manner in which their Capital Accounts are required to be adjusted pursuant to such section Section of the Treasury Regulations.

Appears in 1 contract

Sources: Limited Liability Company Operating Agreement (M Wave Inc)

Section 754 Adjustment. To the extent any an adjustment to the adjusted tax basis of any Company asset pursuant to Code Section 734(b) or Code Section 743(b) of the Code is required, pursuant to Treasury Regulation Regulations Section 1.704-1(b)(2)(iv)(m), to be taken into account in determining Capital Accounts, the amount of such adjustment to the Capital Accounts will shall be treated as an item of gain (if the adjustment increases the basis of the asset) or loss (if the adjustment decreases such basis) ), and such gain or loss will shall be specially allocated to the Members in a manner consistent with the manner in which their Capital Accounts are required to be adjusted pursuant to such section of the Treasury Regulationsregulation.

Appears in 1 contract

Sources: Limited Liability Company Agreement (Motient Corp)

Section 754 Adjustment. To the extent any an adjustment to the adjusted tax basis of any Company Fund asset pursuant to Code Section 734(b) or Code Section 743(b) is required, pursuant to Treasury Regulation Regulations Section 1.704-1(b)(2)(iv)(m), to be taken into account in determining Capital Accounts, the amount of such adjustment to the Capital Accounts will shall be treated as an item of gain (if the adjustment increases the basis of the asset) or loss (if the adjustment decreases such basis) and such gain or loss will shall be specially allocated to the Members in a manner consistent with the manner in which their Capital Accounts are required to be adjusted pursuant to such section Section of the Treasury Regulations.

Appears in 1 contract

Sources: Operating Agreement (Southeast Interactive Technology Fund I LLC)

Section 754 Adjustment. To the extent any an adjustment to the adjusted tax basis of any Company LLC asset pursuant to Code Section Sections 734(b) or Code Section 743(b) of the Code is required, pursuant to Treasury Regulation Section 1.704-1(b)(2)(iv)(m), to be taken into account in determining the Capital Accounts, the amount of such adjustment to the Capital Accounts will shall be treated as an item of gain (if the adjustment increases the basis of the asset) or loss (if the adjustment decreases such basis) ), and such gain or loss will shall be specially allocated to the Members in a manner consistent with the manner in which their Capital Accounts are required to be adjusted pursuant to such section of the Treasury Regulationsregulation.

Appears in 1 contract

Sources: Limited Liability Company Agreement (Deep Down, Inc.)

Section 754 Adjustment. To the extent any adjustment to the adjusted tax basis of any Company asset pursuant to Code Section 734(b) or Code Section 743(b) is required, pursuant to Treasury Regulation Section 1.704l.704-1(b)(2)(iv)(m), to be taken into account in determining Capital Accounts, the amount of such adjustment to the Capital Accounts will shall be treated as an item of gain (if the adjustment increases the basis of the asset) or loss (if the adjustment decreases such basis) and such gain or loss will shall be specially allocated to the Members in a manner consistent with the manner in which their Capital Accounts are required to be adjusted pursuant to such section of the Treasury Regulations.

Appears in 1 contract

Sources: Operating Agreement (Playboy Enterprises Inc)

Section 754 Adjustment. To the extent any an adjustment to the adjusted tax basis of any Company asset Property pursuant to Code Section 734(b) or Code Section 743(b) is required, pursuant to Treasury Regulation Regulations Section 1.704-1(b)(2)(iv)(m), to be taken into account in determining Capital Accounts, the amount of such adjustment to the Capital Accounts will shall be treated as an item of gain (if the adjustment increases the basis of the asset) or loss (if the adjustment decreases such basis) relating to the Company Property, and such gain or loss will shall be specially allocated to the Members in a manner consistent with the manner in which their Capital Accounts are required to be adjusted pursuant to such section of the Treasury RegulationsRegulations Section.

Appears in 1 contract

Sources: Operating Agreement (Old Line Bancshares Inc)

Section 754 Adjustment. To the extent any an adjustment to the adjusted tax basis of any Company asset pursuant to Code Section 734(b) or Code Section 743(b) is required, pursuant to Treasury Regulation Regulations Section 1.704l.704-1(b)(2)(iv)(ml (b)(2)(iv)(m), to be taken into account in determining Capital Accounts, the amount of such adjustment to the Capital Accounts will shall be treated as an item of gain (if the adjustment increases the basis of the asset) or loss (if the adjustment decreases such basis) and such gain or loss will shall be specially allocated to the Members in a manner consistent with the manner in which their Capital Accounts are required to be adjusted pursuant to such section Section of the Treasury Regulations.

Appears in 1 contract

Sources: Operating Agreement (Bluerock Residential Growth REIT, Inc.)

Section 754 Adjustment. To the extent any an adjustment to the adjusted tax basis of any Company asset pursuant to Code Section section 734(b) or Code Section section 743(b) of the Code is required, pursuant to Treasury Regulation Treas. Reg. Section 1.704-1(b)(2)(iv)(m), to be taken into account in determining Capital Accounts, the amount of such the adjustment to the Capital Accounts will shall be treated as an item of gain (if the adjustment increases the basis of the asset) or loss (if the adjustment decreases such basis) and such the gain or loss will shall be specially allocated to the Members Interest Holders in a manner consistent with the manner in which their Capital Accounts are required to be adjusted pursuant to such section that Section of the Treasury Regulations.

Appears in 1 contract

Sources: Operating Agreement (Access Financial Solutions Inc)

Section 754 Adjustment. To the extent any an adjustment to the adjusted tax basis of any Company asset pursuant to Code Section section 734(b) or Code Section section 743(b) is required, pursuant to Treasury Regulation Section 1.704-1(b)(2)(iv)(mRegulations section 1.704 -1(b)(2)(iv)(m), to be taken into account in determining Capital Accounts, the amount of such adjustment to the Capital Accounts will shall be treated as an item of gain (if the adjustment increases the basis of the asset) or loss (if the adjustment decreases such basis) and such gain or loss will shall be specially allocated to the Members in a manner consistent with the manner in which their Capital Accounts are required to be adjusted pursuant to such section of the Treasury Regulations.

Appears in 1 contract

Sources: Company Agreement (Northstar Healthcare Inc)

Section 754 Adjustment. To the extent any an adjustment to the adjusted tax basis of any Company asset pursuant to Code Section 734(b) or Code Section 743(b) is required, pursuant to Treasury Regulation Section 1.704-1(b)(2)(iv)(m), to be taken into account in determining Capital Accounts, the amount of such adjustment to the Capital Accounts will shall be treated as an item of gain (if the adjustment increases the basis of the asset) or loss (if the adjustment decreases such basis) and such gain or loss will shall be specially allocated to the Members in a manner consistent with the manner in which their Capital Accounts are required to be adjusted pursuant to such section Section of the Treasury Regulations.

Appears in 1 contract

Sources: Operating Agreement (Unilife Corp)

Section 754 Adjustment. To the extent any an adjustment to the adjusted tax basis of any Company asset pursuant to Code Section 734(b) or Code Section 743(b) is required, pursuant to Treasury Regulation Regulations Section 1.704-1(b)(2)(iv)(m), to be taken into account in determining Capital Accounts, the amount of such adjustment to the Capital Accounts will shall be treated as an item of gain (if the adjustment increases the basis of the asset) or loss (if the adjustment decreases such basis) and such gain or loss will shall be specially allocated to the Members in a manner consistent with the manner in which their Capital Accounts are required to be adjusted pursuant to such section of the Treasury Regulations.

Appears in 1 contract

Sources: Limited Liability Company Agreement (Capital Park Holdings Corp.)

Section 754 Adjustment. To the extent any an adjustment to the adjusted tax basis of any Company asset pursuant to Code Section 734(b) or Code Section 743(b) is required, pursuant to Treasury Regulation Allocation Regulations Section 1.704-1(b)(2)(iv)(m), to be taken into account in determining Capital Accounts, the amount of such adjustment to the Capital Accounts will shall be treated as an item of gain (if the adjustment increases the basis of the asset) or loss (if the adjustment decreases such basis) and such gain or loss will shall be specially allocated to the Members in a manner consistent with the manner in which their Capital Accounts are required to be adjusted pursuant to such section Section of the Treasury Allocation Regulations.

Appears in 1 contract

Sources: Limited Liability Company Agreement (M I Schottenstein Homes Inc)