Common use of Capital Account Adjustments Clause in Contracts

Capital Account Adjustments. For purposes of determining a Member’s Capital Account, if, on liquidation and dissolution, some or all of the assets of th e Company are distributed in kind, the Company’s profits (or losses) shall be increased by the profits (or losses) that would have been realized had such assets been sold for their Fair Market Value on the date of dissolution of the Company, as determined by the Liquidator. Such increase (i) shall be allocated to Members in accordance with Article VIII hereof and (ii) shall increase (or decrease) the Members’ Capital Account balances accordingly, it being the general intent that the adjustments contemplated by this subsection shall have the effect, as nearly as possible, of causing the Members’ Capital Account balances to be in proportion to their Percentage Interests.

Appears in 1 contract

Samples: Limited Liability Company Operating Agreement

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Capital Account Adjustments. For purposes of determining a Member’s 's Capital Account, if, on liquidation and dissolution, some or all of the assets of th e the Company are distributed in kind, the Company’s Company profits (or losses) shall be increased by the profits (or losses) that would have been realized had such assets been sold for their Fair Market Value fair market value on the date of dissolution of the Company, as determined by the Liquidator. Such increase shall: (i) shall be allocated to the Members in accordance with Article VIII 10 hereof and (ii) shall increase (or decrease) the Members' Capital Account balances accordingly, it being the general intent that the adjustments contemplated by this subsection shall have the effect, as nearly as possible, of causing the Members' Capital Account balances to be in proportion to their Percentage Interests.

Appears in 1 contract

Samples: Operating Agreement

Capital Account Adjustments. For purposes of determining a Member’s Capital Account, if, on liquidation and dissolution, some or all of the assets of th e Company the Exchange are distributed in kind, the Company’s Exchange profits (or losses) shall be increased by the profits (or losses) that would have been realized had such assets been sold for their Fair Market Value fair market value on the date of dissolution of the CompanyExchange, as determined by the Liquidator. Such increase shall: (i) shall be allocated to the Members in accordance with Article VIII 9 hereof and (ii) shall increase (or decrease) the Members’ Capital Account balances accordingly, it being the general intent that the adjustments contemplated by this subsection Section 10.3 shall have the effect, as nearly as possible, of causing the Members’ Capital Account balances to be in proportion to their Economic Percentage Interests.

Appears in 1 contract

Samples: Limited Liability Company Agreement

Capital Account Adjustments. For purposes of determining a Member’s Capital Account, if, on liquidation and dissolution, some or all of the assets of th e the Company are distributed in kind, the Company’s profits (or losses) shall be increased by the profits (or losses) that would have been realized had such assets been sold for their Fair Market Value fair market value on the date of dissolution of the Company, as determined by the Liquidator. Such increase (i) shall be allocated to Members in accordance with Article VIII IX hereof and (ii) shall increase (or decrease) the Members’ Capital Account balances accordingly, it being the general intent that the adjustments contemplated by this subsection shall have the effect, as nearly as possible, of causing the Members’ Capital Account balances to be in proportion to their Percentage Interests.

Appears in 1 contract

Samples: Limited Liability Company Operating Agreement

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Capital Account Adjustments. For purposes of determining a Member’s 's Capital Account, if, on liquidation and dissolution, some or all of the assets of th e Company are distributed in kind, the Company’s 's profits (or losses) shall be increased by the profits (or losses) that would have been realized had such assets been sold for their Fair Market Value on the date of dissolution of the Company, as determined by the Liquidator. Such increase (i) shall be allocated to Members in accordance with Article VIII hereof and (ii) shall increase (or decrease) the Members' Capital Account balances accordingly, it being the general intent that the adjustments contemplated by this subsection shall have the effect, as nearly as possible, of causing the Members' Capital Account balances to be in proportion to their Percentage Interests.

Appears in 1 contract

Samples: Limited Liability Company Operating Agreement

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