Common use of Special Fee Allocation Clause in Contracts

Special Fee Allocation. If any Overhead Fee or Opening Bonus (as those terms are defined in Sections 8.1 and 8.2), or any other fee or other amount payable to a Member, is determined for income tax purposes to be a payment to such Member of a distributive share of Company income or gain (rather than being a fee or expenditure in the nature of an amount payable to a Person who is not a Member or other than in such Person's capacity as a Member), then such amount shall be treated (for income tax purposes and for purposes of determining Capital Accounts) as an allocation of gross income to such Member in the year such amount is accrued, and a Distribution in the year such amount is paid. However, the priority of payment of any such item shall be unaffected by such treatment.