Common use of Member Minimum Gain Chargeback Clause in Contracts

Member Minimum Gain Chargeback. If there is a net decrease in Member Nonrecourse Debt Minimum Gain attributable to a Member Nonrecourse Debt during any Taxable Year, each Member with a share of such Member Nonrecourse Debt Minimum Gain (determined according to Treasury Regulation Section 1.704-2(i)(5)) shall be specially allocated Profit for such Taxable Year (and, if necessary, subsequent Taxable Years) in an amount equal to that Member’s share of the net decrease in Member Nonrecourse Debt Minimum Gain. The items to be so allocated shall be determined in accordance with Treasury Regulation Sections 1.704-2(i)(4) and 1.704-2(j). This Section 4.2(b)(ii) is intended to comply with the “minimum gain chargeback” requirement in Treasury Regulation Section 1.704-2(i)(4) and shall be interpreted consistently therewith.

Member Minimum Gain Chargeback. If there is a net decrease in Member Nonrecourse Debt Minimum Gain attributable to a Member Nonrecourse Debt during any Taxable Yearapplicable accounting period, each Member with who has a share of the Member Minimum Gain attributable to such Member Nonrecourse Debt Minimum Gain (Debt, determined according to in accordance with Treasury Regulation Regulations Section 1.704-2(i)(5)) shall will be specially allocated Profit items of Company income and gain for such Taxable Year period (and, if necessary, subsequent Taxable Yearsperiods) in an amount equal to that such Member’s share of the net decrease in Member Minimum Gain attributable to such Member Nonrecourse Debt Minimum Gain. The items to be so allocated shall be Debt, determined in accordance a manner consistent with the provisions of Treasury Regulation Sections Regulations Section 1.704-2(i)(42(g)(2) and 1.704-2(j(j)(2)(ii). This Section 4.2(b)(ii5.02(b)(ii) is intended to comply with the “partner nonrecourse debt minimum gain chargeback” chargeback requirement in of Treasury Regulation Regulations Section 1.704-2(i)(4) and shall will be interpreted consistently therewith.

Member Minimum Gain Chargeback. If there is a net decrease in Member Nonrecourse Debt Minimum Gain attributable to a Member Nonrecourse Debt during any Taxable YearCompany taxable year, each Member with who has a share of the Member Minimum Gain attributable to such Member Nonrecourse Debt Minimum Gain (Debt, determined according to Treasury Regulation in accordance with Regulations Section 1.704-2(i)(5)) , shall be specially allocated Profit items of Company income and gain for such Taxable Year taxable year (and, if necessary, subsequent Taxable Yearsyears) in an amount equal to that such Member’s share of the net decrease in Member Minimum Gain attributable to such Member Nonrecourse Debt Minimum Gain. The items to be so allocated shall be Debt, determined in accordance a manner consistent with Treasury Regulation Sections the provisions of Regulations Section 1.704-2(i)(4) and 1.704-2(j2(g)(2). This Section 4.2(b)(ii5.1(c)(iv) is intended to comply with the “partner nonrecourse debt minimum gain chargeback” chargeback requirement in Treasury Regulation of Regulations Section 1.704-2(i)(4) and shall be interpreted consistently therewith.

Member Minimum Gain Chargeback. If there is a net decrease in Member Nonrecourse Debt Minimum Gain attributable to a Member Nonrecourse Debt during any Taxable YearCompany Allocation Period, each Member with who has a share of the Member Minimum Gain attributable to such Member Nonrecourse Debt Minimum Gain (Debt, determined according to in accordance with Treasury Regulation Regulations Section 1.704-2(i)(5)) shall , will be specially allocated Profit items of Company income and gain for such Taxable Year Allocation Period (and, if necessary, subsequent Taxable YearsAllocation Periods) in an amount equal to that such Member’s share of the net decrease in Member Minimum Gain attributable to such Member Nonrecourse Debt Minimum Gain. The items to be so allocated shall be Debt, determined in accordance a manner consistent with the provisions of Treasury Regulation Sections Regulations Section 1.704-2(i)(4) and 1.704-2(j). This Section 4.2(b)(ii6.3(b)(ii) is intended to comply with the “partner nonrecourse debt minimum gain chargeback” chargeback requirement in of Treasury Regulation Regulations Section 1.704-2(i)(4) and shall will be interpreted consistently therewith.

Member Minimum Gain Chargeback. If there is a net decrease in Member Nonrecourse Debt Minimum Gain attributable to a Member Nonrecourse Debt during any Taxable Year, each Member with who has a share of such that Member Nonrecourse Debt Minimum Gain (determined according as of the beginning of the Taxable Year will, to Treasury Regulation the extent required by Regulations Section 1.704-2(i)(52(i)(4)) shall , be specially allocated Profit items of LLC income and gain for such the Taxable Year (and, if necessary, subsequent Taxable Years) in an amount equal to that Member’s share of the net decrease in Member Nonrecourse Debt Minimum Gain. The items to Allocations under the previous sentence will be so allocated shall be determined made in accordance with Treasury Regulation Sections Regulations Section 1.704-2(i)(4) and 1.704-2(j). This Section 4.2(b)(ii5.5(b) is intended to comply with the “minimum gain chargeback” requirement in Treasury Regulation Regulations Section 1.704-2(i)(4) and shall will be interpreted consistently therewithwith that intent.

Member Minimum Gain Chargeback. If there is a net decrease in Member Nonrecourse Debt Minimum Gain attributable to a Member Nonrecourse Debt during any Taxable Fiscal Year, each Member with who has a share of the Member Minimum Gain attributable to such Member Nonrecourse Debt Minimum Gain (Debt, determined according to Treasury Regulation in accordance with Regulations Section 1.704-2(i)(5)) shall , will be specially allocated Profit items of Company income and gain for such Taxable Year taxable year (and, if necessary, subsequent Taxable Yearsyears) in an amount equal to that such Member’s share of the net decrease in Member Minimum Gain attributable to such Member Nonrecourse Debt Minimum Gain. The items to be so allocated shall be Debt, determined in accordance a manner consistent with the provisions of Treasury Regulation Sections Regulations Section 1.704-2(i)(4) and 1.704-2(j2(g)(2). This Section 4.2(b)(ii5.03(b)(ii) is intended to comply with the “partner nonrecourse debt minimum gain chargeback” chargeback requirement in of Treasury Regulation Regulations Section 1.704-2(i)(4) and shall will be interpreted consistently therewith.

Member Minimum Gain Chargeback. If there is a net decrease in Member Nonrecourse Debt Minimum Gain attributable to a Member Nonrecourse Debt during any Taxable YearCompany taxable year, then each Member with who has a share of the Member Minimum Gain attributable to such Member Nonrecourse Debt Minimum Gain (Debt, determined according to Treasury Regulation in accordance with Regulations Section 1.704-2(i)(5)) , shall be specially allocated Profit items of Company income and gain for such Taxable Year taxable year (and, if necessary, for subsequent Taxable Yearsyears) in an amount equal to that such Member’s share of the net decrease in Member Minimum Gain attributable to such Member Nonrecourse Debt Minimum Gain. The items to be so allocated shall be Debt, determined in accordance a manner consistent with Treasury Regulation Sections the provisions of Regulations Section 1.704-2(i)(4) and 1.704-2(j). This Section 4.2(b)(ii6.02(b) is intended to comply with the “Member Nonrecourse Debt minimum gain chargeback” chargeback requirement in Treasury Regulation of Regulations Section 1.704-2(i)(4) and shall be interpreted consistently therewith.

Member Minimum Gain Chargeback. If there is a net decrease in Member Nonrecourse Debt Minimum Gain attributable to a Member Nonrecourse Debt during any Taxable YearCompany taxable year, each Member with who has a share of the Member Minimum Gain attributable to such Member Nonrecourse Debt Minimum Gain (Debt, determined according to in accordance with Treasury Regulation Regulations Section 1.704-2(i)(5)) shall will be specially allocated Profit items of Company income and gain for such Taxable Year taxable year (and, if necessary, subsequent Taxable Yearsyears) in an amount equal to that such Member’s share of the net decrease in Member Minimum Gain attributable to such Member Nonrecourse Debt Minimum Gain. The items to be so allocated shall be Debt, determined in accordance a manner consistent with the provisions of Treasury Regulation Regulations Sections 1.704-2(i)(42(g)(2) and 1.704-2(j(j)(2)(ii). This Section 4.2(b)(ii5.02(b)(ii) is intended to comply with the “partner nonrecourse debt minimum gain chargeback” chargeback requirement in of Treasury Regulation Regulations Section 1.704-2(i)(4) and shall will be interpreted consistently therewith.

Member Minimum Gain Chargeback. If there is a net decrease in Member Nonrecourse Debt Minimum Gain attributable to a Member Nonrecourse Debt during any Taxable YearCompany taxable year, each Member with who has a share of the Member Minimum Gain attributable to such Member Nonrecourse Debt Minimum Gain (Debt, determined according to Treasury Regulation in accordance with Regulations Section 1.704-2(i)(5)) , shall be specially allocated Profit items of Company income and gain for such Taxable Year taxable year (and, if necessary, subsequent Taxable Yearsyears) in an amount equal to that such Member’s share of the net decrease in Member Minimum Gain attributable to such Member Nonrecourse Debt Minimum Gain. The items to be so allocated shall be Debt, determined in accordance a manner consistent with Treasury Regulation Sections the provisions of Regulations Section 1.704-2(i)(4) and 1.704-2(j2(g)(2). This Section 4.2(b)(ii7.3(b) is intended to comply with the “partner nonrecourse debt minimum gain chargeback” chargeback requirement in Treasury Regulation of Regulations Section 1.704-2(i)(4) and shall be interpreted consistently therewith.

Member Minimum Gain Chargeback. If there is a net decrease in Member Nonrecourse Debt Minimum Gain attributable to a Member Nonrecourse Debt during any Taxable Yeartaxable year, then each Member with who has a share of the Minimum Gain attributable to such Member Nonrecourse Debt Minimum Gain (Debt, determined according to Treasury Regulation in accordance with Regulations Section 1.704-2(i)(5)) , shall be specially allocated Profit items of Company income and gain for such Taxable Year taxable year (and, if necessary, for subsequent Taxable Yearsyears) in an amount equal to that such Member’s share of the net decrease in Minimum Gain attributable to such Member Nonrecourse Debt Minimum Gain. The items to be so allocated shall be Debt, determined in accordance a manner consistent with Treasury Regulation Sections the provisions of Regulations Section 1.704-2(i)(4) and 1.704-2(j). This Section 4.2(b)(ii6.3(b)(ii) is intended to comply with the “partner nonrecourse debt minimum gain chargeback” chargeback requirement in Treasury Regulation of Regulations Section 1.704-2(i)(4) and shall be interpreted consistently therewith.

Member Minimum Gain Chargeback. If there is a net decrease in Member Nonrecourse Debt Minimum Gain attributable to a Member Nonrecourse Debt during any Taxable YearCompany taxable year, then each Member with who has a share of the Member Minimum Gain attributable to such Member Nonrecourse Debt Minimum Gain (Debt, determined according to Treasury Regulation Section in accordance with Regulations § 1.704-2(i)(5)) , shall be specially allocated Profit items of Company income and gain for such Taxable Year taxable year (and, if necessary, for subsequent Taxable Yearsyears) in an amount equal to that such Member’s share of the net decrease in Member Minimum Gain attributable to such Member Nonrecourse Debt Minimum Gain. The items to be so allocated shall be Debt, determined in accordance a manner consistent with Treasury Regulation Sections the provisions of Regulations § 1.704-2(i)(4) and 1.704-2(j). This Section 4.2(b)(ii6.2(b) is intended to comply with the “partner nonrecourse debt minimum gain chargeback” chargeback requirement in Treasury Regulation Section of Regulations § 1.704-2(i)(4) and shall be interpreted consistently therewith.

Member Minimum Gain Chargeback. If there is a net decrease in Member Nonrecourse Debt Minimum Gain attributable to a Member Nonrecourse Debt during any Taxable YearCompany taxable year, each Member with who has a share of the Member Minimum Gain attributable to such Member Nonrecourse Debt Minimum Gain (Debt, determined according to in accordance with Treasury Regulation Regulations Section 1.704-2(i)(5)) , shall be specially allocated Profit items of Company income and gain for such Taxable Year taxable year (and, if necessary, subsequent Taxable Yearsyears) in an amount equal to that such Member’s share of the net decrease in Member Minimum Gain attributable to such Member Nonrecourse Debt Minimum Gain. The items to be so allocated shall be Debt, determined in accordance with the provisions of Treasury Regulation Sections Regulations Section 1.704-2(i)(4) and 1.704-2(j2(i)(3). This Section 4.2(b)(ii8.2(b) is intended to comply with the “partner nonrecourse debt minimum gain chargeback” chargeback requirement in of Treasury Regulation Regulations Section 1.704-2(i)(4) and shall be interpreted consistently therewith.

Member Minimum Gain Chargeback. If there is a net decrease in Member Nonrecourse Debt Minimum Gain attributable to a Member Nonrecourse Debt during any Taxable YearTax Year or other period, each Member with who has a share of the Member Minimum Gain attributable to such Member Nonrecourse Debt Minimum Gain (Debt, determined according to in accordance with Treasury Regulation Regulations Section 1.704-2(i)(5)) shall , will be specially allocated Profit items of Company income and gain for such Taxable Tax Year or other period (and, if necessary, subsequent Taxable Yearsyears or periods) in an amount equal to that such Member’s share of the net decrease in Member Minimum Gain attributable to such Member Nonrecourse Debt Minimum Gain. The items to be so allocated shall be Debt, determined in accordance a manner consistent with the provisions of Treasury Regulation Regulations Sections 1.704-2(i)(42(g)(2) and 1.704-2(j(j)(2)(ii). This Section 4.2(b)(ii5.3(b)(ii) is intended to comply with the “partner nonrecourse debt minimum gain chargeback” chargeback requirement in of Treasury Regulation Regulations Section 1.704-2(i)(4) and shall will be interpreted consistently therewith.

Member Minimum Gain Chargeback. If there is a net decrease in Member Nonrecourse Debt Minimum Gain attributable to a Member Nonrecourse Debt during any Taxable YearCompany taxable year, each Member with who has a share of the Member Minimum Gain attributable to such Member Nonrecourse Debt Minimum Gain (Debt, determined according to Treasury Regulation in accordance with Regulations Section 1.704-2(i)(5)) shall , will be specially allocated Profit items of Company income and gain for such Taxable Year taxable year (and, if necessary, subsequent Taxable Yearsyears) in an amount equal to that such Member’s share of the net decrease in Member Minimum Gain attributable to such Member Nonrecourse Debt Minimum Gain. The items to be so allocated shall be Debt, determined in accordance a manner consistent with the provisions of Treasury Regulation Sections Regulations Section 1.704-2(i)(4) and 1.704-2(j2(g)(2). This Section 4.2(b)(iiAppendix A-1(b)(ii) is intended to comply with the “partner nonrecourse debt minimum gain chargeback” chargeback requirement in of Treasury Regulation Regulations Section 1.704-2(i)(4) and shall will be interpreted consistently therewith.

Member Minimum Gain Chargeback. If there is a net decrease in Member Nonrecourse Debt Minimum Gain attributable to a Member Nonrecourse Debt during any Taxable YearCompany taxable year, each Member with Holder who has a share of the Member Minimum Gain attributable to such Member Nonrecourse Debt Minimum Gain (Debt, determined according to in accordance with Treasury Regulation Regulations Section 1.704-2(i)(5)) shall will be specially allocated Profit items of Company income and gain for such Taxable Year taxable year (and, if necessary, subsequent Taxable Yearsyears) in an amount equal to that Membersuch Holder’s share of the net decrease in Member Minimum Gain attributable to such Member Nonrecourse Debt Minimum Gain. The items to be so allocated shall be Debt, determined in accordance a manner consistent with the provisions of Treasury Regulation Regulations Sections 1.704-2(i)(42(g)(2) and 1.704-2(j(j)(2)(ii). This Section 4.2(b)(ii5.3(b)(ii) is intended to comply with the “partner nonrecourse debt minimum gain chargeback” chargeback requirement in of Treasury Regulation Section 1.704-2(i)(4) and shall will be interpreted consistently therewith.

Member Minimum Gain Chargeback. If there is a net decrease in Member Nonrecourse Debt Minimum Gain attributable to a Member Nonrecourse Debt during any Taxable YearCompany fiscal year or other period, each Member with who has a share of the Member Minimum Gain attributable to such Member Nonrecourse Debt Minimum Gain (Debt, determined according to in accordance with Treasury Regulation Regulations Section 1.704-2(i)(5)) shall , will be specially allocated Profit items of Company income and gain for such Taxable Year fiscal year or other period (and, if necessary, subsequent Taxable Yearsyears or periods) in an amount equal to that such Member’s share of the net decrease in Member Minimum Gain attributable to such Member Nonrecourse Debt Minimum Gain. The items to be so allocated shall be Debt, determined in accordance a manner consistent with the provisions of Treasury Regulation Sections Regulations Section 1.704-2(i)(4) and 1.704-2(j2(j)(2). This Section 4.2(b)(ii5.2(b)(ii) is intended to comply with the “partner nonrecourse debt minimum gain chargeback” chargeback requirement in of Treasury Regulation Regulations Section 1.704-2(i)(4) and shall will be interpreted consistently therewith.