Deemed Distribution and Recontribution. Notwithstanding any other provision of this Article X, in the event the Company is liquidated within the meaning of Regulations Section 1.704-1(b)(2)(ii)(g) but no Dissolution Event has occurred, the Property shall not be liquidated, the Company’s Debts and other liabilities shall not be paid or discharged, and the Company’s affairs shall not be wound up.
Appears in 31 contracts
Sources: Operating Agreement (Homeland Energy Solutions LLC), Operating Agreement (Highwater Ethanol LLC), Operating Agreement
Deemed Distribution and Recontribution. Notwithstanding any other provision of this Article XSection 10, in the event the Company is liquidated within the meaning of Regulations Section 1.704-1(b)(2)(ii)(g) but no Dissolution Event has occurred, the Property shall not be liquidated, the Company’s Debts and other liabilities shall not be paid or discharged, and the Company’s affairs shall not be wound up.
Appears in 26 contracts
Sources: Operating Agreement (Siouxland Renewable Holdings, LLC), Operating Agreement, Operating Agreement
Deemed Distribution and Recontribution. Notwithstanding any other provision of this Article XSection 10, in the event the Company is liquidated within the meaning of Regulations Section 1.704-1(b)(2)(ii)(g) but no Dissolution Event has occurred, the Property shall not be liquidated, the Company’s 's Debts and other liabilities shall not be paid or discharged, and the Company’s 's affairs shall not be wound up.
Appears in 8 contracts
Sources: Operating Agreement (Cardinal Ethanol LLC), Operating Agreement (Cardinal Ethanol LLC), Operating Agreement
Deemed Distribution and Recontribution. Notwithstanding any other provision provisions of this Article XSection 10, in the event the Company is liquidated within the meaning of Regulations Section 1.704-1(b)(2)(ii)(g) but no Dissolution Event has occurred, the Property shall not be liquidated, the Company’s Debts and other liabilities shall not be paid or discharged, and the Company’s affairs shall not be wound up.
Appears in 6 contracts
Sources: Operating Agreement (Iowa Renewable Energy, LLC), Operating Agreement (Iowa Renewable Energy, LLC), Operating Agreement (Iowa Renewable Energy, LLC)
Deemed Distribution and Recontribution. Notwithstanding any other provision of this Article X, in the event the Company is liquidated within the meaning of Regulations Section 1.704-1(b)(2)(ii)(g) but no Dissolution Event has occurred, the Property shall not be liquidated, the Company’s 's Debts and other liabilities shall not be paid or discharged, and the Company’s 's affairs shall not be wound up.
Appears in 5 contracts
Sources: Operating Agreement (Homeland Energy Solutions LLC), Operating Agreement (Nedak Ethanol, LLC), Operating Agreement (Nedak Ethanol, LLC)
Deemed Distribution and Recontribution. Notwithstanding any other provision of this Article XX (except Section 10.4(a)), in the event the Company is liquidated within the meaning of Regulations Section 1.704-1(b)(2)(ii)(g) but no Dissolution Event has occurred, the Property shall not be liquidated, the Company’s Debts and other liabilities shall not be paid or discharged, and the Company’s affairs shall not be wound up.
Appears in 3 contracts
Sources: Operating Agreement (Nedak Ethanol, LLC), Operating Agreement (Nedak Ethanol, LLC), Operating Agreement (Nedak Ethanol, LLC)
Deemed Distribution and Recontribution. Notwithstanding any other provision of this Article X11, in the event that the Company is liquidated within the meaning of Treasury Regulations Section 1.704-1(b)(2)(ii)(g) ), but no Dissolution Liquidating Event has occurred, the Property Company’s property shall not be liquidated, the Company’s Debts and other liabilities shall not be paid or discharged, discharged and the Company’s affairs shall not be wound up.
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)
Deemed Distribution and Recontribution. Notwithstanding any other provision of this Article X, in the event the Company is liquidated within the meaning of Regulations Section 1.704-1(b)(2)(ii)(gl(b)(2)(ii)(g) but no Dissolution Event has occurred, the Property shall not be liquidated, the Company’s Debts and other liabilities shall not be paid or discharged, and the Company’s affairs shall not be wound up.
Appears in 2 contracts
Sources: Operating Agreement (East Fork Biodiesel, LLC), Operating Agreement (East Fork Biodiesel, LLC)
Deemed Distribution and Recontribution. Notwithstanding any other provision of this Article X, in the event the Company is liquidated within the meaning of Regulations Section 1.704-1(b)(2)(ii)(g1.704‑1(b)(2)(ii)(g) but no Dissolution Event has occurred, the Property shall not be liquidated, the Company’s Debts and other liabilities shall not be paid or discharged, and the Company’s affairs shall not be wound up.
Appears in 1 contract
Sources: Operating Agreement (Southwest Iowa Renewable Energy, LLC)
Deemed Distribution and Recontribution. Notwithstanding any other provision provisions of this Article XSection 11.4, in the event if the Company is liquidated within the meaning of Treasury Regulations Section 1.704-1(b)(2)(ii)(g) but no Dissolution Event has occurredthe Company is not to be liquidated pursuant to Section 11.3, the Property property of the Company shall not be liquidatedliquidated or distributed, the Company’s Debts and other liabilities shall not be paid or discharged, and the Company’s affairs shall not be wound up.
Appears in 1 contract
Sources: Limited Liability Company Agreement (Mid America Apartment Communities Inc)
Deemed Distribution and Recontribution. Notwithstanding any other provision of this Article X, in the event the Company is liquidated within the meaning of Regulations Section 1.704-1(b)(2)(ii)(g1.704- l(b)(2)(ii)(g) but no Dissolution Event has occurred, the Property shall not be liquidated, the Company’s Debts and other liabilities shall not be paid or discharged, and the Company’s affairs shall not be wound up.
Appears in 1 contract