Code Section 754 Adjustments. To the extent an adjustment to the adjusted tax basis of any Company asset under Code Sections 734(b) or 743(b) is required to be taken into account in determining Capital Accounts under Treasury Regulations Section 1.704-1(b)(2)(iv)(m), the amount of the 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 the basis), and the 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 under Treasury Regulations Section 1.704-1(b)(2)(iv)(m).
Appears in 8 contracts
Sources: Joint Venture Formation and Limited Liability Company Investment Agreement (American Well Corp), Company Agreement, Limited Liability Company Agreement (Greenbrier Companies Inc)
Code Section 754 Adjustments. To the extent an adjustment to the adjusted tax basis of any Company asset under Code Sections 734(b) or 743(b) is required to be taken into account in determining Capital Accounts under Treasury Regulations Section 1.704-1(b)(2)(iv)(m), the amount of the 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 the basis), and the 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 under Treasury Regulations Section 1.704-1(b)(2)(iv)(m1(b)(2(iv)(m).
Appears in 4 contracts
Sources: Joint Venture Operating Agreement (Caterpillar Inc), Truck Business Relationship Agreement (Navistar International Corp), Joint Venture Operating Agreement (Navistar International Corp)
Code Section 754 Adjustments. To the extent an adjustment to the adjusted tax basis of any Company asset under Code Sections 734(b) or 743(b) is required to be taken into account in determining Capital Accounts capital accounts under Treasury Regulations Section 1.704-1(b)(2)(iv)(m), the amount of the adjustment to the Capital Accounts 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 the basis), and the gain or loss will be specially allocated to the Members in a manner consistent with the manner in which their Capital Accounts capital accounts are required to be adjusted under Treasury Regulations Section 1.704-1(b)(2)(iv)(m).
Appears in 4 contracts
Sources: Limited Liability Company Agreement (Energy Conversion Devices Inc), Operating Agreement (Energy Conversion Devices Inc), Limited Liability Company Agreement (Energy Conversion Devices Inc)
Code Section 754 Adjustments. To the extent an adjustment to the ---------------------------- adjusted tax basis of any Company asset under Code Sections 734(b) or 743(b) is required to be taken into account in determining Capital Accounts under Treasury Regulations Section 1.704-1(b)(2)(iv)(m), the amount of the 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 the basis), and the 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 under Treasury Regulations Section 1.704-1(b)(2)(iv)(m).
Appears in 2 contracts
Sources: Company Agreement (Fiber Glass Systems Lp), Company Agreement (Fiber Glass Systems Lp)
Code Section 754 Adjustments. To the extent an adjustment to the adjusted tax basis of any Company asset under Code Sections Section 734(b) or 743(b) is required to be taken into account in determining Capital Accounts under Treasury Regulations Section 1.704-1(b)(2)(iv)(m1(b)(2) (iv)(m), the amount of the 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 the basisbasis of the asset), and the 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 under Treasury Regulations Section 1.704-1(b)(2)(iv)(m).
Appears in 2 contracts
Sources: Limited Liability Company Agreement (Wells Real Estate Investment Trust Inc), Limited Liability Company Agreement (Wells Real Estate Investment Trust Inc)
Code Section 754 Adjustments. To the extent an adjustment to the adjusted tax basis of any Company asset Property under Code Sections Section 734(b) or Code Section 743(b) is required to be taken into account in for determining Capital Accounts under Treasury Regulations Section 1.704l.704-1(b)(2)(iv)(ml(b)(2)(iv)(m), the amount of the any such adjustment to the Capital Accounts will be is treated as an item of gain (if the adjustment increases the basis of the asset) or loss (if the adjustment decreases the such basis), ) and the such gain or loss will be is specially allocated to the Members in a manner consistent with the manner in which their Capital Accounts are required to be adjusted under pursuant to such Section of the Treasury Regulations Section 1.704-1(b)(2)(iv)(m)Regulations.
Appears in 1 contract
Sources: Operating Agreement
Code Section 754 Adjustments. To Pursuant to Treasury Regulations Section 1.704-1(b)(2)(iv)(m), to the extent an adjustment to the adjusted tax basis of any Company asset under Code Sections Section 734(b) or 743(b) is required to be taken into account in determining Capital Accounts under Treasury Regulations Section 1.704-1(b)(2)(iv)(m)Accounts, the amount of the 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 the such basis), and the such gain or loss will shall be specially allocated to the Members in a manner that is consistent with the manner in which their Capital Accounts are required to be adjusted under pursuant to such Treasury Regulations Section 1.704-1(b)(2)(iv)(m)Regulations.
Appears in 1 contract
Code Section 754 Adjustments. To the extent an adjustment to the adjusted tax basis of any Company asset under pursuant to Code Sections 734(b) or 743(b) is required pursuant to Regulations Section 1.704-1(b)(2)(iv)(m), to be taken into account in determining Capital Accounts under Treasury Regulations Section 1.704-1(b)(2)(iv)(m)Accounts, the amount of the 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 the such basis), and the 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 under Treasury Regulations pursuant to such Section 1.704-1(b)(2)(iv)(m)of the Regulations.
Appears in 1 contract
Sources: Limited Liability Company Agreement (Summit Healthcare REIT, Inc)
Code Section 754 Adjustments. To the extent an adjustment to the adjusted tax basis of any Company asset under Code Sections 734(b) or 743(b) of the Code is required to be taken into account in determining Capital Accounts under Treasury Regulations Regulation Section 1.704-1(b)(2)(iv)(m), the amount of the 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 the basis), and the 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 under Treasury Regulations Regulation Section 1.704-1(b)(2)(iv)(m).
Appears in 1 contract
Sources: Limited Liability Company Agreement (Nineteen Eighty-Nine, LLC)
Code Section 754 Adjustments. To the extent an adjustment to the adjusted tax basis of any Company asset under Code Sections 734(b) or 743(b) of the Code is required to be taken into account in determining Capital Accounts under Treasury Regulations Section 1.704-1(b)(2)(iv)(m), the amount of the 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 the basis), and the 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 under Treasury Regulations Section 1.704-1(b)(2)(iv)(m1.704- l(b)(2)(iv)(m).
Appears in 1 contract
Sources: Limited Liability Company Agreement (Cinemark Holdings, Inc.)
Code Section 754 Adjustments. To the extent an adjustment to ---------------------------- the adjusted tax basis of any Company asset under Code Sections 734(b) or 743(b) is required to be taken into account in determining Capital Accounts capital accounts under Treasury Regulations Section 1.704-1(b)(2)(iv)(m), the amount of the adjustment to the Capital Accounts 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 the basis), and the gain or loss will be specially allocated to the Members in a manner consistent with the manner in which their Capital Accounts capital accounts are required to be adjusted under Treasury Regulations Section 1.704-1(b)(2)(iv)(m).
Appears in 1 contract
Sources: Operating Agreement (Energy Conversion Devices Inc)
Code Section 754 Adjustments. To the extent an adjustment to the adjusted tax basis of any Company asset Assets under Code Sections Section 734(b) or Section 743(b) is required required, under Treasury Regulation Section 1.704-1(b)(2)(iv)(m)(2) or (4), to be taken into account in determining Capital Accounts under Treasury Regulations Section 1.704-1(b)(2)(iv)(m)Accounts, the amount of the 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 the basis), and the item of gain or loss will be specially allocated to the Members in a manner consistent with the manner in which how their Capital Accounts are required to must be adjusted under that section of the Treasury Regulations Section 1.704-1(b)(2)(iv)(m)Regulations.
Appears in 1 contract
Code Section 754 Adjustments. To Pursuant to Treasury Regulations Section 1.704-1(b)(2)(iv)(m), to the extent an adjustment to the adjusted tax basis of any Company asset under Code Sections Section 734(b) or 743(b) is required to be taken into account in determining Capital Accounts under Treasury Regulations Section 1.704-1(b)(2)(iv)(m)Accounts, the amount of the 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 the such basis), and the such gain or loss will shall be specially allocated to the Members in a manner that is consistent with the manner in which their Capital Accounts are required to be adjusted under pursuant to such Treasury Regulations Section 1.704-1(b)(2)(iv)(m).Regulations
Appears in 1 contract