Common use of Company Minimum Gain Clause in Contracts

Company Minimum Gain. An amount determined by first computing for each Company Nonrecourse Liability any gain the Company would realize if it disposed of the Company Property subject to that liability for no consideration other than full satisfaction of the liability, and then aggregating the separately computed gains. The amount of Company Minimum Gain includes such minimum gain arising from a conversion, refinancing, or other change to a debt instrument, only to the extent a Partner is allocated a share of that minimum gain. For any Taxable Year, the net increase or decrease in Company Minimum Gain is determined by comparing the Company Minimum Gain on the last day of the immediately preceding Taxable Year with the Company Minimum Gain on the last day of the current Taxable Year. Notwithstanding any provision to the contrary contained herein, Company Minimum Gain and increases and decreases in Company Minimum Gain are intended to be computed in accordance with Code SECTION 704 and the Regulations issued thereunder, as the same may be issued and interpreted from time to time. A Partner's share of Company Minimum Gain at the end of any Taxable Year equals: the sum of Nonrecourse Deductions allocated to that Partner (and to that Partner's predecessors in interest) up to that time and the Distributions made to that Partner (and to that Partner's predecessors in interest) up to that time of proceeds of a nonrecourse liability allocable to an increase in Company Minimum Gain minus the sum of that Partner's (and that Partner's predecessors in interest) aggregate share of net decreases in Company Minimum Gain plus decreases resulting from revaluations of Company Property subject to one or more Company Nonrecourse Liabilities.

Appears in 2 contracts

Samples: Agreement (Access Health Inc), Agreement (Access Health Inc)

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Company Minimum Gain. An amount determined by first computing for each Company Nonrecourse Liability any gain the Company would realize if it disposed of the Company Property subject to that liability for no consideration other than full satisfaction of the liability, and then then, aggregating the separately computed gains. The amount of Company Minimum Gain includes such minimum gain arising from a conversion, refinancing, or other change to a debt instrument, only to the extent a Partner Member is allocated a share of that minimum gain. For any Taxable Year, the net increase or decrease in Company Minimum Gain is determined by comparing the Company Minimum Gain on the last day of the immediately preceding Taxable Year with the Company Minimum Gain on the last day of the current Taxable Year. Notwithstanding any provision to the contrary contained herein, Company Minimum Gain and increases and decreases in Company Minimum Gain are intended to be computed in accordance with Code SECTION Section 704 and the Regulations issued thereunder, as the same may be issued and interpreted from time to time. A Partner's Member’s share of Company Minimum Gain at the end of any Taxable Year equals: the sum of Nonrecourse Deductions nonrecourse deductions allocated to that Partner Member (and to that Partner's Member’s predecessors in interest) up to that time and the Distributions distributions made to that Partner Member (and to that Partner's Member’s predecessors in interest) up to that time of proceeds of a nonrecourse liability Nonrecourse Liability allocable to an increase in Company Minimum Gain minus the sum of that Partner's Member’s (and that Partner's predecessors Member’s predecessors’ in interest) aggregate share of the net decreases in Company Minimum Gain plus their aggregate share of decreases resulting from revaluations of Company Property subject to one or more Company Nonrecourse Liabilities.

Appears in 1 contract

Samples: Operating Agreement (Gear Products Inc)

Company Minimum Gain. An amount determined by first computing for each Company Nonrecourse Liability any gain the Company would realize if it disposed of the Company Property subject to that liability for no consideration other than full satisfaction of the liability, and then aggregating the separately computed gains. The amount of Company Minimum Gain includes such minimum gain arising from a conversion, refinancing, or other change to a debt instrument, only to the extent a Partner Member is allocated a share of that minimum gain. For any Taxable Year, the net increase or decrease in Company Minimum Gain is determined by comparing the Company Minimum Gain on the last day of the immediately preceding Taxable Year with the Company Minimum Gain on the last day of the current Taxable Year. Notwithstanding any provision to the contrary contained herein, Company Minimum Gain and increases and decreases in Company Minimum Gain are intended to be computed in accordance with ss. 704 of the Code SECTION 704 and the Regulations issued thereunder, as the same may be issued and interpreted from time to time. A PartnerMember's share of Company Minimum Gain at the end of any Taxable Year equals: the sum of Company Nonrecourse Deductions allocated to that Partner Member (and to that PartnerMember's predecessors in predecessors-in-interest) up to that time and the Distributions distribution made to that Partner Member (and to that PartnerMember's predecessors in predecessors-in-interest) up to that time of proceeds of a nonrecourse liability Company Nonrecourse Liability allocable to an increase in Company Minimum Gain minus the sum of that PartnerMember's (and that PartnerMember's predecessors in predecessors-in-interest) aggregate share of the net decreases in Company Minimum Gain plus their aggregate share of decreases resulting from revaluations reevaluations of Company Property subject to one or more Company Nonrecourse Liabilities.

Appears in 1 contract

Samples: Limited Liability Company Operating Agreement (Charter Equipment Lease 1998-1 LLC)

Company Minimum Gain. An amount determined by first computing for each Company Nonrecourse Liability any gain the Company would realize if it disposed of the Company Property subject to that liability for no consideration other than full satisfaction of the liability, and then aggregating the separately computed gains. The amount of Company Minimum Gain includes such minimum gain arising from a conversion, refinancing, or other change to a debt instrument, only to the extent a Partner Member is allocated a share of that minimum gain. For any Taxable Year, the net increase or decrease in Company Minimum Gain is determined by comparing the Company Minimum Gain on the last day of the immediately preceding Taxable Year with the Company Minimum Gain on the last day of the current Taxable Year. Notwithstanding any provision to the contrary contained herein, Company Minimum Gain and increases and decreases in Company Minimum Gain are intended to be computed in accordance with ss. 704 of the Code SECTION 704 and the Regulations issued thereunder, as the same may be issued and interpreted from time to time. A PartnerMember's share of Company Minimum Gain at the end of any Taxable Year equals: the sum of Company Nonrecourse Deductions allocated to that Partner Member (and to that PartnerMember's predecessors in predecessors-in-interest) up to that time and the Distributions distribution made to that Partner Member (and to that PartnerMember's predecessors in predecessors-in-interest) up to that time of proceeds of a nonrecourse liability Company Nonrecourse Liability allocable to an increase in Company Minimum Gain minus the sum of that PartnerMember's (and that PartnerMember's predecessors in predecessors-in-interest) aggregate share of the net decreases in Company Minimum Gain plus their aggregate share of decreases resulting from revaluations of Company Property subject to one or more Company Nonrecourse Liabilities.

Appears in 1 contract

Samples: Limited Liability Company Operating Agreement (Charter Equipment Lease 1998-1 LLC)

Company Minimum Gain. An amount determined by first computing for each Company Nonrecourse Liability any gain the Company would realize if it disposed of the Company Property subject to that liability for no consideration other than full satisfaction of the liability, and then aggregating the separately computed gains. The amount of Company Minimum Gain includes such minimum gain arising from a conversion, refinancing, or other change to a debt instrument, only to the extent a Partner Member is allocated a share of that minimum gain. For any Taxable Year, the net increase or decrease in Company Minimum Gain is determined by comparing the Company Minimum Gain on the last day of the immediately preceding Taxable Year with the Company Minimum Gain on the last day of the current Taxable Year. Notwithstanding any provision to the contrary contained herein, Company Minimum Gain and increases and decreases in Company Minimum Gain are intended to be computed in accordance with §704 of the Code SECTION 704 and the Regulations issued thereunder, as the same may be issued and interpreted from time to time. A PartnerMember's share of Company Minimum Gain at the end of any Taxable Year equals: the sum of Nonrecourse Deductions (as defined in 'l.704-2(b)(l) of the Regulations) allocated to that Partner Member (and to that PartnerMember's predecessors in interest) up to that time and the Distributions distributions made to that Partner Member (and to that PartnerMember's predecessors in interest) up to that time of proceeds of a nonrecourse liability allocable to an increase in Company Minimum Gain minus the sum of that PartnerMember's (and that PartnerMember's predecessors predecessors' in interest) aggregate share of the net decreases in Company Minimum Gain plus their aggregate share of decreases resulting from revaluations of Company Property subject to one or more Company Nonrecourse Liabilities.

Appears in 1 contract

Samples: Operating Agreement

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Company Minimum Gain. An amount determined by first computing for each Company Nonrecourse Liability any gain the Company would realize if it disposed of the Company Property subject to that liability for no consideration other than full satisfaction of the liability, and then aggregating the separately computed gains. The amount of Company Minimum Gain includes such minimum gain arising from a conversion, refinancing, or other change to a debt instrument, only to the extent a Partner Member is allocated a share of that minimum gain. For any Taxable Year, the net increase or decrease in Company Minimum Gain is determined by comparing the Company Minimum Gain on the last day of the immediately preceding Taxable Year with within the Company Minimum Gain on the last day of the current Taxable Year. Notwithstanding any provision to the contrary contained herein, Company Minimum Gain and increases and decreases in Company Minimum Gain are intended to be computed in accordance with Section 704 of the Code SECTION 704 and the Regulations issued thereunder, as the same may be issued and interpreted from time to time. A PartnerMember's share of Company Minimum Gain at the end of any Taxable Year equals: the sum of Nonrecourse Deductions (as defined in Section 1.7042 (b)(1) of the Regulations) allocated to that Partner Member (and to that PartnerMember's predecessors in interest) up to that time and the Distributions distributions made to that Partner Member (and to that PartnerMember's predecessors in interest) up to that time of proceeds of a nonrecourse liability allocable to an increase in Company Minimum Gain minus the sum of that PartnerMember's (and that PartnerMember's predecessors predecessors' in interest) aggregate share of the net decreases in Company Minimum Gain plus their aggregate share of decreases resulting from revaluations of Company Property subject to one or more Company Nonrecourse Liabilities.

Appears in 1 contract

Samples: Operating Agreement (Fortress Group Inc)

Company Minimum Gain. An amount determined by first computing for each Company Nonrecourse Liability any gain the Company would realize if it disposed of the Company Property subject to that liability for no consideration other than full satisfaction of the liability, and then aggregating the separately computed gains. The amount of Company Minimum Gain includes such minimum gain arising from a conversion, conversion refinancing, or other change to a debt instrument, instrument only to the extent a Partner Member is allocated a share of that minimum OPERATING AGREEMENT - 3 gain. For any Taxable Year, the net increase or decrease in Company Minimum Gain is determined by comparing the Company Minimum Gain on the last day of the immediately preceding Taxable Year with the Company Minimum Gain on the last day of the current Taxable Year. Notwithstanding any provision to the contrary contained herein, Company Minimum Gain and increases and decreases in Company Minimum Gain are intended to be computed in accordance with section 704 of the Code SECTION 704 and the Regulations issued thereunder, as the same may be issued and interpreted from time to time. A PartnerMember's share of Company Minimum Gain at the end of any Taxable Year equals: the sum of Nonrecourse Deductions allocated to that Partner Member (and to that PartnerMember's predecessors in interest) up to that time and the Distributions distributions made to that Partner Member (and to that PartnerMember's predecessors in interest) up to that time of proceeds of a nonrecourse liability allocable to an increase in Company Minimum Gain minus the sum of that PartnerMember's (and of that PartnerMember's predecessors predecessor in interest) aggregate share of the net decreases in Company Minimum Gain plus their aggregate share of decreases resulting from revaluations Revaluations of Company Property subject to one or more Company Nonrecourse Liabilities.

Appears in 1 contract

Samples: Operating Agreement (Fibermark Office Products LLC)

Company Minimum Gain. An amount determined by first computing for each Company Nonrecourse Liability any gain the Company would realize if it disposed of the Company Property subject to that liability for no consideration other than full satisfaction of the liability, and then aggregating the separately computed gains. The amount of Company Minimum Gain includes such minimum gain arising from a conversion, refinancing, or other change to a debt instrument, only to the extent a Partner is allocated a share of that minimum gain. For any Taxable Year, the net increase or decrease in Company Minimum Gain is determined by comparing the Company Minimum Gain on the last day of the immediately preceding Taxable Year with the Company Minimum Gain on the last day of the current Taxable Year. Notwithstanding any provision to the contrary contained herein, Company Minimum Gain and increases and decreases in Company Minimum Gain are intended to be computed in accordance with Code SECTION Section 704 and the Regulations issued thereunder, as the same may be issued and interpreted from time to time. A Partner's share of Company Minimum Gain at the end of any Taxable Year equals: the sum of Nonrecourse Deductions allocated to that Partner (and to that Partner's predecessors in interest) up to that time and the Distributions made to that Partner (and to that Partner's predecessors in interest) up to that time of proceeds of a nonrecourse liability allocable to an increase in Company Minimum Gain minus the sum of that Partner's (and that Partner's predecessors in interest) aggregate share of net decreases in Company Minimum Gain plus decreases resulting from revaluations of Company Property subject to one or more Company Nonrecourse Liabilities.

Appears in 1 contract

Samples: Access Health Inc

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