Common use of Nonrecourse Deductions Clause in Contracts

Nonrecourse Deductions. Nonrecourse Deductions for any taxable period shall be allocated to the Members in accordance with their respective Percentage Interests. If the Board of Directors determines that the Company’s Nonrecourse Deductions should be allocated in a different ratio to satisfy the safe harbor requirements of the Treasury Regulations promulgated under Section 704(b) of the Code, the Board of Directors is authorized, upon notice to the other Members, to revise the prescribed ratio to the numerically closest ratio that does satisfy such requirements.

Appears in 23 contracts

Samples: Limited Liability Company Agreement (Fortress Transportation & Infrastructure Investors LLC), Limited Liability Company Agreement (Fortress Transportation & Infrastructure Investors LLC), Limited Liability Company Agreement (Fortress Transportation & Infrastructure Investors LLC)

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Nonrecourse Deductions. Nonrecourse Deductions for any taxable period shall be allocated to the Members in accordance with their respective Percentage Interests. If the Board of Directors Managing Member determines that the Company’s Nonrecourse Deductions should be allocated in a different ratio to satisfy the safe harbor requirements of the Treasury Regulations promulgated under Section 704(b) of the Code, the Board of Directors Managing Member is authorized, upon notice to the other Members, to revise the prescribed ratio to the numerically closest ratio that does satisfy such requirements.

Appears in 20 contracts

Samples: Limited Liability Company Agreement, Limited Liability Company Agreement (Ub Fuel Cell, LLC), Limited Liability Company Agreement (Clearway Energy, Inc.)

Nonrecourse Deductions. Nonrecourse Deductions for any taxable period shall be allocated to the Members in accordance with their respective Percentage Interests. If the Board of Directors determines that the Company’s 's Nonrecourse Deductions should be allocated in a different ratio to satisfy the safe harbor requirements of the Treasury Regulations promulgated under Section 704(b) of the Code, the Board of Directors is authorized, upon notice to the other Members, to revise the prescribed ratio to the numerically closest ratio that does satisfy such requirements.

Appears in 6 contracts

Samples: Limited Liability Company Agreement (Copano Energy, L.L.C.), Limited Liability Company Agreement (Copano Energy, L.L.C.), Limited Liability Company Agreement (Och Daniel)

Nonrecourse Deductions. Nonrecourse Deductions for any taxable period shall be allocated to the Members in accordance with their respective Percentage Interests. If the Board of Directors Tax Matters Member determines that the Company’s Nonrecourse Deductions should be allocated in a different ratio to satisfy the safe harbor requirements of the Treasury Regulations promulgated under Section 704(b) of the Code, the Board of Directors Tax Matters Member is authorized, upon notice to the other Members, to revise the prescribed ratio to the numerically closest ratio that does satisfy such requirements.

Appears in 4 contracts

Samples: Limited Liability Company Agreement (TerraForm Power, Inc.), Limited Liability Company Agreement (TerraForm Power, Inc.), Limited Liability Company Agreement (TerraForm Power, Inc.)

Nonrecourse Deductions. Nonrecourse Deductions for any taxable period shall be allocated to the Members in accordance with their respective Percentage Interests. If all of the Board of Directors determines Members determine in their good faith discretion that the Company’s Nonrecourse Deductions should must be allocated in a different ratio to satisfy the safe harbor requirements of the Treasury Regulations regulations promulgated under Section 704(b) of the Code, the Board of Directors is authorized, upon notice to the other Members, Members are authorized to revise the prescribed ratio to the numerically closest ratio that which does satisfy such requirements.

Appears in 4 contracts

Samples: Operating Agreement (Pebblebrook Hotel Trust), Operating Agreement (Pebblebrook Hotel Trust), Operating Agreement (Pebblebrook Hotel Trust)

Nonrecourse Deductions. Nonrecourse Deductions for any taxable period shall be allocated to the Members in accordance with their respective Percentage Membership Interests. If the Board of Directors Company determines in its good faith discretion that the Company’s 's Nonrecourse Deductions should must be allocated in a different ratio to satisfy the safe harbor requirements of the Treasury Regulations promulgated under Section section 704(b) of the Code, the Board of Directors Company is authorized, upon notice to the other Members, to revise the prescribed ratio to the numerically closest ratio that which does satisfy such requirements.

Appears in 3 contracts

Samples: Limited Liability Company Agreement (El Paso Energy Partners Lp), Limited Liability Company Agreement (El Paso Energy Partners Lp), El Paso Energy Partners Lp

Nonrecourse Deductions. Nonrecourse Deductions for any taxable period year shall be allocated to the Members in accordance with their respective Percentage Interests. If the Board of Directors Company determines in its good faith discretion that the Company’s Nonrecourse Deductions should must be allocated in a different ratio to satisfy the safe harbor requirements of the Treasury Regulations promulgated under Section section 704(b) of the Code, the Board of Directors Company is authorized, upon notice to the other Members, to revise the prescribed ratio to the numerically closest ratio that which does satisfy such requirements.

Appears in 3 contracts

Samples: Limited Liability Company Agreement (ONEOK Partners LP), Limited Liability Company (Williams Partners L.P.), Limited Liability Company Agreement (Williams Partners L.P.)

Nonrecourse Deductions. Nonrecourse Deductions for any taxable period shall be allocated to the Members in accordance with their respective Percentage Interests. If the Board of Directors determines in its good faith discretion that the Company’s 's Nonrecourse Deductions should must be allocated in a different ratio to satisfy the safe harbor requirements of the Treasury Regulations promulgated under Code Section 704(b) of the Code), the Board of Directors is authorized, upon notice to the other Members, to revise the prescribed ratio to the numerically closest ratio that does satisfy such requirements.

Appears in 3 contracts

Samples: Limited Liability Company Agreement (Eott Energy Finance Corp), Limited Liability Company Agreement (Eott Energy LLC), Limited Liability Company Agreement (Eott Energy LLC)

Nonrecourse Deductions. Nonrecourse Deductions for any taxable period year shall be allocated to the Members in accordance with their respective Percentage Interests. If the Board of Directors Company determines in its good faith discretion that the Company’s Nonrecourse Deductions should must be allocated in a different ratio to satisfy the safe harbor requirements of the Treasury Regulations promulgated under Section 704(b) of the Code, the Board of Directors Company is authorized, upon notice to the other Members, to revise the prescribed ratio to the numerically closest ratio that which does satisfy such requirements.

Appears in 2 contracts

Samples: Limited Liability Company Agreement (Atlas Pipeline Holdings, L.P.), Limited Liability Company Agreement (Atlas Pipeline Partners Lp)

Nonrecourse Deductions. Nonrecourse Deductions for any taxable period shall be allocated to the Members in accordance with their respective Percentage Interests. If the Board of Directors Manager determines in its good faith discretion that the Company’s 's Nonrecourse Deductions should must be allocated in a different ratio to satisfy the safe harbor requirements of the Treasury Regulations promulgated under Section 704(b) of the Code, the Board of Directors Manager is authorized, upon notice to the other Members, to revise the prescribed ratio to the numerically closest ratio that does satisfy such requirements.

Appears in 2 contracts

Samples: Operating Agreement (U S Timberlands Co Lp), Operating Agreement (U S Timberlands Klamath Falls LLC)

Nonrecourse Deductions. Nonrecourse Deductions for any taxable period shall be allocated to the Members in accordance with their respective Percentage Interests. If the Board of Directors determines that the Company’s Nonrecourse Deductions should be allocated in a different ratio to satisfy the safe harbor requirements of the Treasury Regulations promulgated under Section 704(b) of the Code, the Board of Directors is authorized, upon notice to the other Members, to revise the prescribed ratio to the numerically closest ratio that does satisfy such requirements.

Appears in 2 contracts

Samples: Limited Liability Company Agreement (Gyrodyne, LLC), Limited Liability Company Agreement (Gyrodyne Co of America Inc)

Nonrecourse Deductions. Nonrecourse Deductions for any taxable period shall be allocated to the Members in accordance with their respective Percentage InterestsSharing Ratios. If the Board of Directors determines in its good faith discretion that the Company’s 's Nonrecourse Deductions should must be allocated in a different ratio to satisfy the safe harbor requirements of the Treasury Regulations promulgated under Section 704(b) of the Code, the Board of Directors is authorized, upon notice to the other Members, to revise the prescribed ratio to the numerically closest ratio that does satisfy such requirements.

Appears in 2 contracts

Samples: Parent Company Agreement (El Paso Corp/De), Limited Liability Company Agreement (El Paso Corp/De)

Nonrecourse Deductions. Nonrecourse Deductions for any taxable period shall be allocated to the Members in accordance with their respective Percentage Interests. If the Board of Directors Managing Member acting in Good Faith determines that the Company’s Nonrecourse Deductions should be allocated in a different ratio to satisfy the safe harbor requirements of the Treasury Regulations promulgated under Section 704(b) of the Code, the Board of Directors Managing Member is authorized, upon notice to the other Members, to revise the prescribed ratio to the numerically closest ratio that does satisfy such requirements.

Appears in 2 contracts

Samples: Equity Purchase Agreement (Paperweight Development Corp), Equity Purchase Agreement (Hicks Acquisition CO II, Inc.)

Nonrecourse Deductions. Nonrecourse Deductions for any taxable period shall be allocated to the Members in accordance with their respective Percentage Interests. If the Board of Directors Managers determines that the Company’s Nonrecourse Deductions should be allocated in a different ratio to satisfy the safe harbor requirements of the Treasury Regulations promulgated under Section 704(b) of the Code, the Board of Directors Managers is authorized, upon notice to the other Members, to revise the prescribed ratio to the numerically closest ratio that does satisfy such requirements.

Appears in 2 contracts

Samples: Operating Agreement, Operating Agreement (Constellation Energy Partners LLC)

Nonrecourse Deductions. Nonrecourse Deductions for any taxable period shall be allocated to the Members in accordance with their respective Percentage Interests. If the Board of Directors determines in its good faith discretion that the Company’s 's Nonrecourse Deductions should must be allocated in a different ratio to satisfy the safe harbor requirements of the Treasury Regulations promulgated under Section 704(b) of the Code, the Board of Directors is authorized, upon notice to the other Members, to revise the prescribed ratio to the numerically closest ratio that does satisfy such requirements.

Appears in 2 contracts

Samples: Operating Agreement (U S Timberlands Klamath Falls LLC), Operating Agreement (U S Timberlands Klamath Falls LLC)

Nonrecourse Deductions. Nonrecourse Deductions for any such taxable period shall will be allocated to the Members in accordance with proportion to their respective Percentage InterestsSharing Ratios. If the Board of Directors determines Members determine in their good faith discretion that the Company’s 's Nonrecourse Deductions should must be allocated in a different ratio to satisfy the safe harbor requirements of the Treasury Regulations promulgated under Section 704(b) of the Code, the Board of Directors Company is authorized, upon notice to the other Members, to revise the prescribed ratio to the numerically closest ratio that which does satisfy such requirements.

Appears in 2 contracts

Samples: Acknowledgment and Acceptance Agreement (El Paso Corp/De), Acknowledgment and Acceptance Agreement (Enterprise Products Partners L P)

Nonrecourse Deductions. Nonrecourse Deductions for any taxable period shall be allocated to the Members in accordance with their respective Percentage Interests. If the Board of Directors Managers acting in Good Faith determines that the Company’s Nonrecourse Deductions should be allocated in a different ratio to satisfy the safe harbor requirements of the Treasury Regulations promulgated under Section 704(b) of the Code, the Board of Directors Managers is authorized, upon notice to the other Members, to revise the prescribed ratio to the numerically closest ratio that does satisfy such requirements.

Appears in 2 contracts

Samples: Limited Liability Company Agreement (57th Street General Acquisition Corp), Limited Liability Company Agreement (57th Street General Acquisition Corp)

Nonrecourse Deductions. Nonrecourse Deductions for any taxable period year shall be allocated to the Members in accordance with their respective Percentage Interests. If the Board of Directors Company determines in its good faith discretion that the Company’s Nonrecourse Deductions should must be allocated in a different ratio ration to satisfy the safe harbor requirements of the Treasury Regulations promulgated under Section section 704(b) of the Code, the Board of Directors Company is authorized, upon notice to the other Members, to revise the prescribed ratio ration to the numerically closest ratio that ration which does satisfy such the requirements.

Appears in 2 contracts

Samples: Limited Liability Company Agreement (DCP Midstream Partners, LP), Limited Liability Company Agreement (DCP Midstream Partners, LP)

Nonrecourse Deductions. Nonrecourse Deductions for any taxable period shall be allocated to the Members in accordance with their respective Percentage InterestsSharing Ratios. If the Board of Directors determines in its good faith discretion that the Company’s Nonrecourse Deductions should must be allocated in a different ratio to satisfy the safe harbor requirements of the Treasury Regulations promulgated under Section 704(b) of the Code, the Board of Directors is authorized, upon notice to the other Members, to revise the prescribed ratio to the numerically closest ratio that does satisfy such requirements.

Appears in 2 contracts

Samples: Limited Liability Company Agreement (Enterprise Products Partners L P), Limited Liability Company Agreement (Enterprise Products Partners L P)

Nonrecourse Deductions. Nonrecourse Deductions for any taxable period shall be allocated to the Members in accordance with their respective Percentage Membership Interests. If the Board of Directors determines that the Company’s Nonrecourse Deductions should be allocated in a different ratio to satisfy the safe harbor requirements of the Treasury Regulations promulgated under Section section 704(b) of the Code, the Board of Directors is authorized, upon notice to the other Members, to revise the prescribed ratio to the numerically closest ratio that which does satisfy such requirements.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Heckmann CORP)

Nonrecourse Deductions. Nonrecourse Deductions for any taxable period shall be allocated to the Members in accordance with their respective Percentage InterestsSharing Percentages. If the Board of Directors determines in its good faith discretion that the Company’s Nonrecourse Deductions should must be allocated in a different ratio to satisfy the safe harbor requirements of the Treasury Regulations promulgated under Section 704(b) of the Code, the Board of Directors is authorized, upon notice to the other Members, to revise the prescribed ratio to the numerically closest ratio that does satisfy such requirements.

Appears in 1 contract

Samples: Limited Liability Company Operating Agreement (Starboard Resources, Inc.)

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Nonrecourse Deductions. Nonrecourse Deductions for any taxable period shall be allocated to the Members in accordance with their respective Percentage Interests. If the Board of Directors determines that the Company’s Nonrecourse Deductions should be allocated in a different ratio to satisfy the safe harbor requirements of the Treasury Regulations promulgated under Section 704(b) of the Code, the Board of Directors is authorized, upon notice to the other Members, to revise the prescribed ratio to the numerically closest ratio that does satisfy such requirements.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Atlas Energy Group, LLC)

Nonrecourse Deductions. Nonrecourse Deductions for any taxable period Tax Period shall be allocated to among the Members in accordance with their respective Percentage Intereststhe ratio in which taxable income is allocated to the Members with respect to such Tax Period. If the Board of Directors determines that the Company’s 's Nonrecourse Deductions should must be allocated in a different ratio to satisfy the safe harbor requirements of the Treasury Regulations promulgated under Section section 704(b) of the Code, the Board of Directors is authorized, upon notice to the other Members, authorized to revise the prescribed ratio to the numerically closest ratio that does satisfy such requirements.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Quest Resource Corp)

Nonrecourse Deductions. Nonrecourse Deductions for any taxable period shall be allocated to the Members Shareholders pro rata in accordance with their respective Percentage Intereststhe number of Shares held by such Shareholders. If the Board of Directors determines that the Company’s Nonrecourse Deductions should be allocated in a different ratio to satisfy the safe harbor requirements of the Treasury Regulations promulgated under Section 704(b) of the Code, the Board of Directors is authorized, upon notice to the other MembersShareholders, to revise the prescribed ratio to the numerically closest ratio that does satisfy such requirements.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Global Indemnity Group, LLC)

Nonrecourse Deductions. Nonrecourse Deductions for any taxable period shall be allocated to the Members in accordance with their respective Common Percentage Interests. If all of the Board of Directors determines Members determine in their good faith discretion that the Company’s Nonrecourse Deductions should must be allocated in a different ratio to satisfy the safe harbor requirements of the Treasury Regulations promulgated under Code Section 704(b) of the Code), the Board of Directors is authorized, upon notice to the other Members, 34 Members are authorized to revise the prescribed ratio to the numerically closest ratio that which does satisfy such requirements.

Appears in 1 contract

Samples: Operating Agreement (Hersha Hospitality Trust)

Nonrecourse Deductions. Nonrecourse Deductions for any taxable period shall be allocated to the Members in accordance with their respective Percentage Interests. If the Company Board of Directors determines by Unanimous Consent that the Company’s Nonrecourse Deductions should be allocated in a different ratio to satisfy the safe harbor requirements of the Treasury Regulations promulgated under Section section 704(b) of the Code, then the Company Board of Directors is authorized, upon notice to the other Members, to revise the prescribed ratio to the numerically closest ratio that which does satisfy such requirements.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Regency Energy Partners LP)

Nonrecourse Deductions. Nonrecourse Deductions for any taxable period Taxable Period shall be allocated to the Members in accordance with their respective Percentage InterestsSharing Ratios. If the Board of Directors determines that the Company’s 's Nonrecourse Deductions should must be allocated in a different ratio to satisfy the safe harbor requirements of the Treasury Regulations promulgated under Section 704(b) of the Code, as to the allocation of such deductions, the Board of Directors is authorizedshall, upon notice to the other Members, to revise the prescribed ratio foregoing ratios so as to the numerically closest ratio that does satisfy such requirements.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Tallgrass Energy Partners, LP)

Nonrecourse Deductions. Nonrecourse Deductions for any taxable period shall be allocated to the Members in accordance with their respective Percentage Interests. If all of the Board of Directors determines Members determine in their good faith discretion that the Company’s Nonrecourse Deductions should must be allocated in a different ratio to satisfy the safe harbor requirements of the Treasury Regulations promulgated under Code Section 704(b) of the Code), the Board of Directors is authorized, upon notice to the other Members, Members are authorized to revise the prescribed ratio to the numerically closest ratio that which does satisfy such requirements.

Appears in 1 contract

Samples: Operating Agreement (Hersha Hospitality Trust)

Nonrecourse Deductions. Nonrecourse Deductions for any taxable period shall be allocated to the Members in accordance with their respective Percentage Interests. If the Board of Directors determines that the Company’s 's Nonrecourse Deductions should be allocated in a different ratio to satisfy the safe harbor requirements of the Treasury Regulations promulgated under Section 704(b) of the Code, the Board of Directors is authorized, upon notice to the other Members, to revise the prescribed ratio to the numerically closest ratio that does satisfy such requirements.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Legacy Reserves L P)

Nonrecourse Deductions. Nonrecourse Deductions for any taxable period shall be allocated to the Members in accordance with their respective Equity Percentage Interests. If the Board of Directors determines in its good faith discretion that the Company’s Nonrecourse Deductions should must be allocated in a different ratio to satisfy the safe harbor requirements of the Treasury Regulations promulgated under Section 704(b) of the Code, the Board of Directors is authorized, upon notice to the other Members, to revise the prescribed ratio to the numerically closest ratio that which does satisfy such requirements.

Appears in 1 contract

Samples: Limited Liability Company Agreement (TransMontaigne Partners L.P.)

Nonrecourse Deductions. Nonrecourse Deductions for any taxable ---------------------- period shall be allocated to the Members in accordance with their respective Percentage Interests. If the Board of Directors Manager determines in its good faith discretion that the Company’s 's Nonrecourse Deductions should must be allocated in a different ratio to satisfy the safe harbor requirements of the Treasury Regulations promulgated under Section 704(b) of the Code, the Board of Directors Manager is authorized, upon notice to the other Members, to revise the prescribed ratio to the numerically closest ratio that does satisfy such requirements.

Appears in 1 contract

Samples: U S Timberlands Finance Corp

Nonrecourse Deductions. Nonrecourse Deductions deductions for any taxable period shall be allocated to the Members in accordance with their respective Percentage Interestsproportion to the initial capital contribution made by each of them. If the Board of Directors Manager determines in its good faith discretion that the Company’s Nonrecourse Deductions should nonrecourse deductions must be allocated in a different ratio to satisfy the safe harbor requirements of the Treasury Regulations promulgated under Section 704(b) of the Code, the Board of Directors Manager is authorized, upon notice to the other Members, authorized to revise the prescribed ratio to the numerically closest ratio that which does satisfy such requirements.

Appears in 1 contract

Samples: Limited Liability Company Agreement

Nonrecourse Deductions. Nonrecourse Deductions for any such taxable period shall be allocated to the Members in accordance with their respective Percentage Membership Interests. If the Board of Directors determines Members, by a Majority Interest, determine in their good faith discretion that the Company’s 's Nonrecourse Deductions should must be allocated in a different ratio to satisfy the safe harbor requirements of the Treasury Regulations promulgated under Section section 704(b) of the Code, the Board of Directors Company is authorized, upon notice to the other Members, to revise the prescribed ratio to the numerically closest ratio that which does satisfy such requirements.

Appears in 1 contract

Samples: Limited Liability Company Agreement (El Paso Energy Partners Lp)

Nonrecourse Deductions. Nonrecourse Deductions for any ---------------------- taxable period shall be allocated to the Members in accordance with their respective Percentage Interests. If the Board of Directors Manager determines in its good faith discretion that the Company’s 's Nonrecourse Deductions should must be allocated in a different ratio to satisfy the safe harbor requirements of the Treasury Regulations promulgated under Section 704(b) of the Code, the Board of Directors Manager is authorized, upon notice to the other Members, to revise the prescribed ratio to the numerically closest ratio that does satisfy such requirements.

Appears in 1 contract

Samples: Operating Agreement (U S Timberlands Co Lp)

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