Common use of Other Allocation Rules Clause in Contracts

Other Allocation Rules. (a) For purposes of determining Profits, Losses and any other items allocable to any period, Profits, Losses and any such other items shall be determined on a daily, monthly or other basis, as determined by the Directors using any permissible method under Code Section 706 and the Regulations thereunder. (b) The Unit Holders are aware of the income tax consequences of the allocations made by this Article III and hereby agree to be bound by the provisions of this Article III in reporting their shares of Company income and loss for income tax purposes. (c) Solely for purposes of determining a Unit Holder’s proportionate share of the “excess nonrecourse liabilities” of the Company within the meaning of Regulations Section 1.752-3(a)(3), the Unit Holders’ aggregate interests in Company Profits shall be deemed to be as provided in the Capital Accounts. To the extent permitted by Section 1.704-2(h)(3) of the Regulations, the Directors shall endeavor to treat distributions of Net Cash Flow as having been made from the proceeds of a Nonrecourse Liability or a Unit Holder Nonrecourse Debt only to the extent that such distributions would cause or increase an Adjusted Capital Account Deficit for any Unit Holder. (d) Profits and Losses to the Unit Holders shall be allocated among the Unit Holders in the ratio which each Unit Holder’s Units bears to the total number of Units issued and outstanding.

Other Allocation Rules. (a) For purposes of determining Profits, Losses and any other items allocable to any period, Profits, Losses and any such other items shall be determined on a daily, monthly or other basis, as determined by the Directors Governors using any permissible method under Code Section 706 and the Regulations thereunder. (b) The Unit Holders are aware of the income tax consequences of the allocations made by this Article III and hereby agree to be bound by the provisions of this Article III in reporting their shares of Company income and loss for income tax purposes. (c) Solely for purposes of determining a Unit Holder’s proportionate share of the “excess nonrecourse liabilities” of the Company within the meaning of Regulations Section 1.752-3(a)(3), the Unit Holders’ aggregate interests in Company Profits shall be deemed to be as provided in the Capital Accounts. To the extent permitted by Section 1.704-2(h)(3) of the Regulations, the Directors Governors shall endeavor to treat distributions of Net Cash Flow as having been made from the proceeds of a Nonrecourse Liability or a Unit Holder Nonrecourse Debt only to the extent that such distributions would cause or increase an Adjusted Capital Account Deficit for any Unit Holder. (d) Profits and Losses to the Unit Holders shall be allocated among the Unit Holders in the ratio which each Unit Holder’s Units bears to the total number of Units issued and outstanding.

Other Allocation Rules. (a) For purposes of determining the Profits, Losses and Losses, or any other items allocable to any period, Profits, Losses Losses, and any such other items shall be determined on a daily, monthly monthly, or other basis, as determined by the Directors using any permissible method under Code Section 706 and the Regulations thereunder. (b) The Unit Holders are aware of the income tax consequences of the allocations made by this Article III Section 3 and hereby agree to be bound by the provisions of this Article III Section 3 in reporting their shares of Company income and loss for income tax purposes. (c) Solely for purposes of determining a Unit Holder’s proportionate share of the “excess nonrecourse liabilities” of the Company within the meaning of Regulations Section 1.752-3(a)(3), the Unit Holders’ aggregate interests in Company Profits profits shall be deemed to be as provided in the Capital Accountscapital accounts. To the extent permitted by Section 1.704-2(h)(3) of the Regulations, the Directors shall endeavor to treat distributions of Net Cash Flow as having been made from the proceeds of a Nonrecourse Liability or a Unit Holder Nonrecourse Debt only to the extent that such distributions would cause or increase an Adjusted Capital Account Deficit for any Unit Holder. (d) Allocations of Profits and Losses to the Unit Holders shall be allocated among the Unit Holders them in the ratio which each Unit Holder’s Units bears to the total number of Units issued and outstanding.

Other Allocation Rules. (a) For purposes of determining the Profits, Losses and Losses, or any other items allocable to any period, Profits, Losses Losses, and any such other items shall be determined on a daily, monthly monthly, or other basis, as determined by the Directors Governors using any permissible method under Code Section 706 and the Regulations thereunder. (b) The Unit Holders are aware of the income tax consequences of the allocations made by this Article III Section 5 and hereby agree to be bound by the provisions of this Article III Section 5 in reporting their shares of Company income and loss for income tax purposes. (c) Solely for purposes of determining a Unit Holder’s proportionate share of the “excess nonrecourse liabilities” of the Company within the meaning of Regulations Section 1.752-3(a)(3), the Unit Holders’ aggregate interests in Company Profits profits shall be deemed to be as provided in the Capital Accountscapital accounts. To the extent permitted by Section 1.704-2(h)(3) of the Regulations, the Directors Governors shall endeavor to treat distributions of Net Cash Flow as having been made from the proceeds of a Nonrecourse Liability or a Unit Holder Nonrecourse Debt only to the extent that such distributions would cause or increase an Adjusted Capital Account Deficit for any Unit Holder. (d) Allocations of Profits and Losses to the Unit Holders shall be allocated among the Unit Holders them in the ratio which each Unit Holder’s Units bears to the total number of Units issued and outstanding.

Other Allocation Rules. (a) For purposes of determining the Profits, Losses and Losses, or any other items allocable to any period, Profits, Losses Losses, and any such other items shall be determined on a daily, monthly monthly, or other basis, as determined by the Directors using any permissible method under Code Section 706 and the Regulations thereunder. (b) The Unit Holders are aware of the income tax consequences of the allocations made by this Article III Section 3 and hereby agree to be bound by the provisions of this Article III Section 3 in reporting their shares of Company company income and loss for income tax purposes. (c) Solely for purposes of determining a Unit Holder’s proportionate share of the “excess nonrecourse liabilities” of the Company within the meaning of Regulations Section 1.752-3(a)(3), the Unit Holders’ aggregate interests in Company Profits profits shall be deemed to be as provided in the Capital Accountscapital accounts. To the extent permitted by Section 1.704-2(h)(3) of the Regulations, the Directors shall endeavor to treat distributions of Net Cash Flow as having been made from the proceeds of a Nonrecourse Liability or a Unit Holder Nonrecourse Debt only to the extent that such distributions would cause or increase an Adjusted Capital Account Deficit for any Unit Holder. (d) Allocations of Profits and Losses to the Unit Holders shall be allocated among the Unit Holders them in the ratio which each Unit Holder’s Units bears to the total number of Units issued and outstanding.

Other Allocation Rules. (a) For purposes of determining the Profits, Losses and Losses, or any other items allocable to any period, Profits, Losses Losses, and any such other items shall be determined on a daily, monthly monthly, or other basis, as determined by the Directors using any permissible method under Code Section 706 and the Regulations thereunder. (b) The Unit Holders are aware of the income tax consequences of the allocations made by this Article III Section 3 and hereby agree to be bound by the provisions of this Article III Section 3 in reporting their shares of Company income and loss for income tax purposes. (c) Solely for purposes of determining a Unit Holder’s proportionate share of the “excess nonrecourse liabilities” of the Company within the meaning of Regulations Section 1.752-3(a)(3), the Unit Holders’ aggregate interests in Company Profits profits shall be deemed to be as provided in the Capital Accountscapital accounts. To the extent permitted by Section 1.704-2(h)(3) of the Regulations, the Directors shall endeavor to treat distributions of Net Cash Flow as having been made from the proceeds of a Nonrecourse Liability or a Unit Holder Nonrecourse Debt only to the extent that such distributions would cause or increase an Adjusted Capital Account Deficit for any Unit Holder. (d) Generally, allocations of Profits and Losses to the Unit Holders shall be allocated among the Unit Holders them in the ratio which each Unit Holder’s Units bears to the total number of Units issued and outstanding.

Other Allocation Rules. (a) For purposes of determining Profits, Losses and any other items allocable to any period, Profits, Losses and any such other items shall be determined on a daily, monthly or other basis, as determined by the Directors Managers using any permissible method under Code Section 706 and the Regulations thereunder. (b) The Unit Holders are aware of the income tax consequences of the allocations made by this Article III and hereby agree to be bound by the provisions of this Article III in reporting their shares of Company income and loss for income tax purposes. (c) Solely for purposes of determining a Unit Holder’s proportionate share of the “excess nonrecourse liabilities” of the Company within the meaning of Regulations Section 1.752-3(a)(3), the Unit Holders’ aggregate interests in Company Profits shall be deemed to be as provided in the Capital Accounts. To the extent permitted by Section 1.704-2(h)(3) of the Regulations, the Directors Managers shall endeavor to treat distributions of Net Cash Flow as having been made from the proceeds of a Nonrecourse Liability or a Unit Holder Nonrecourse Debt only to the extent that such distributions would cause or increase an Adjusted Capital Account Deficit for any Unit Holder. (d) Profits and Losses to the Unit Holders shall be allocated among the Unit Holders in the ratio which each Unit Holder’s Units bears to the total number of Units issued and outstanding.

Other Allocation Rules. (a) For purposes of determining Profits, Losses and any other items allocable to any period, Profits, Losses and any such other items shall be determined on a daily, monthly or other basis, as determined by the Directors Board using any permissible method under Code Section 706 and the Regulations thereunder. (b) The Unit Holders are aware of the income tax consequences of the allocations made by this Article III and hereby agree to be bound by the provisions of this Article III in reporting their shares of Company income and loss for income tax purposes. (c) Solely for purposes of determining a Unit Holder’s proportionate share of the “excess nonrecourse liabilities” of the Company within the meaning of Regulations Section 1.752-3(a)(3), the Unit Holders’ aggregate interests in Company Profits shall be deemed to be as provided in the Capital Accounts. To the extent permitted by Section 1.704-2(h)(3) of the Regulations, the Directors Board shall endeavor to treat distributions of Net Cash Flow as having been made from the proceeds of a Nonrecourse Liability or a Unit Holder Nonrecourse Debt only to the extent that such distributions would cause or increase an Adjusted Capital Account Deficit for any Unit Holder. (d) Profits and Losses to the Unit Holders shall be allocated among the Unit Holders in the ratio which each Unit Holder’s Units bears to the total number of Units issued and outstanding.

Other Allocation Rules. (a) For purposes of determining the Profits, Losses and Losses, or any other items allocable to any period, Profits, Losses Losses, and any such other items shall be determined on a daily, monthly monthly, or other basis, as determined by the Directors using any permissible method under Code Section 706 and the Regulations thereunder. (b) The Unit Holders are aware of the income tax consequences of the allocations made by this Article III Section 3 and hereby agree to be bound by the provisions of this Article III Section 3 in reporting their shares of Company income and loss for income tax purposes. (c) Solely for purposes of determining a Unit Holder’s proportionate share of the “excess nonrecourse liabilities” of the Company within the meaning of Regulations Section 1.752Section 1. 752-3(a)(3), the Unit Holders’ aggregate interests in Company Profits profits shall be deemed to be as provided in the Capital Accountscapital accounts. To the extent permitted by Section 1.704-2(h)(3) of the Regulations, the Directors shall endeavor to treat distributions of Net Cash Flow as having been made from the proceeds of a Nonrecourse Liability or a Unit Holder Nonrecourse Debt only to the extent that such distributions would cause or increase an Adjusted Capital Account Deficit for any Unit Holder. (d) Allocations of Profits and Losses to the Unit Holders shall be allocated among the Unit Holders them in the ratio which each Unit Holder’s Units bears to the total number of Units issued and outstanding.

Other Allocation Rules. (a) For purposes of determining the Profits, Losses and Losses, or any other items allocable to any period, Profits, Losses Losses, and any such other items shall be determined on a daily, monthly monthly, or other basis, as determined by the Directors using any permissible method under Code Section 706 and the Regulations thereunder. (b) The Unit Holders are aware of the income tax consequences of the allocations made by this Article III Section 3 and hereby agree to be bound by the provisions of this Article III Section 3 in reporting their shares of Company income and loss for income tax purposes. (c) Solely for purposes of determining a Unit Holder’s 's proportionate share of the “"excess nonrecourse liabilities” " of the Company within the meaning of Regulations Section 1.752-3(a)(3), the Unit Holders’ ' aggregate interests in Company Profits profits shall be deemed to be as provided in the Capital Accountscapital accounts. To the extent permitted by Section 1.704-2(h)(3) of the Regulations, the Directors shall endeavor to treat distributions of Net Cash Flow as having been made from the proceeds of a Nonrecourse Liability or a Unit Holder Nonrecourse Debt only to the extent that such distributions would cause or increase an Adjusted Capital Account Deficit for any Unit Holder. (d) Allocations of Profits and Losses to the Unit Holders shall be allocated among the Unit Holders them in the ratio which each Unit Holder’s 's Units bears to the total number of Units issued and outstanding.

Other Allocation Rules. (a) For purposes of determining the Profits, Losses and Losses, or any other items allocable to any period, Profits, Losses Losses, and any such other items shall be determined on a daily, monthly monthly, or other basis, as determined by the Directors using any permissible method under Code Section 706 and the Regulations thereunder. (b) The Unit Holders are aware of the income tax consequences of the allocations made by this Article III Section 3 and hereby agree to be bound by the provisions of this Article III Section 3 in reporting their shares of Company income and loss for income tax purposes. (c) Solely for purposes of determining a Unit Holder’s 's proportionate share of the “"excess nonrecourse liabilities” " of the Company within the meaning of Regulations Section 1.752-3(a)(3), the Unit Holders’ ' aggregate interests in Company Profits profits shall be deemed to be as provided in the Capital Accountscapital accounts. To the extent permitted by Section 1.704-2(h)(3) of the Regulations, the Directors shall endeavor to treat distributions of Net Cash Flow as having been made from the proceeds of a Nonrecourse Liability or a Unit Holder Nonrecourse Debt only to the extent that such distributions would cause or increase an Adjusted Capital Account Deficit for any Unit Holder. (d) Generally, allocations of Profits and Losses to the Unit Holders shall be allocated among the Unit Holders them in the ratio which each Unit Holder’s 's Units bears to the total number of Units issued and outstanding.

Other Allocation Rules. (a) For purposes of determining the Profits, Losses and Losses, or any other items allocable to any period, Profits, Losses Losses, and any such other items shall be determined on a daily, monthly monthly, or other basis, as determined by the Directors Members using any permissible method under Code Section 706 and the Regulations thereunder. (b) The Unit Holders Members are aware of the income tax consequences of the allocations made by this Article III 2 and hereby agree to be bound by the provisions of this Article III Section 2.6 in reporting their shares of Company Membership income and loss for income tax purposes. (c) Solely for purposes of determining a Unit HolderMember’s proportionate share of the “excess nonrecourse liabilities” of the Company AAC within the meaning of Regulations Section 1.752-3(a)(3)) of the Regulations, the Unit HoldersMembers’ aggregate interests in Company Profits shall be deemed Membership profits are in proportion to be as provided in the Capital Accounts. their Percentage Interests. (d) To the extent permitted by Section 1.704-2(h)(3) of the Regulations, the Directors Members shall endeavor to treat distributions of Net Cash Flow as having been made from the proceeds of a Nonrecourse Liability or a Unit Holder Member Nonrecourse Debt only to the extent that such distributions would cause or increase an Adjusted Capital Account Deficit for any Unit HolderMember. (d) Profits and Losses to the Unit Holders shall be allocated among the Unit Holders in the ratio which each Unit Holder’s Units bears to the total number of Units issued and outstanding.

Other Allocation Rules. (a) For purposes of determining Profits, Losses and any other items allocable to any period, Profits, Losses and any such other items shall be determined on a daily, monthly or other basis, as determined by the Directors using any permissible method under Code Section 706 and the Regulations thereunder. (b) The Unit Holders are aware of the income tax consequences of the allocations made by this Article III and hereby agree to be bound by the provisions of this Article III in reporting their shares of Company income and loss for income tax purposes. (c) Solely for purposes of determining a Unit Holder’s 's proportionate share of the “"excess nonrecourse liabilities” " of the Company within the meaning of Regulations Section 1.752-3(a)(3), the Unit Holders’ ' aggregate interests in Company Profits shall be deemed to be as provided in the Capital Accounts. To the extent permitted by Section 1.704-2(h)(3) of the Regulations, the Directors shall endeavor to treat distributions of Net Cash Flow as having been made from the proceeds of a Nonrecourse Liability or a Unit Holder Nonrecourse Debt only to the extent that such distributions would cause or increase an Adjusted Capital Account Deficit for any Unit Holder. (d) Profits and Losses to the Unit Holders shall be allocated among the Unit Holders in the ratio which each Unit Holder’s 's Units bears to the total number of Units issued and outstanding.

Other Allocation Rules. (a) For purposes of determining the Profits, Losses and Losses, or any other items allocable to any period, Profits, Losses Losses, and any such other items shall be determined on a daily, monthly monthly, or other basis, as determined by the Directors using any permissible method under Code Section 706 and the Regulations thereunder. (b) The Unit Holders are aware of the income tax consequences of the allocations made by this Article III Section 3 and hereby agree to be bound by the provisions of this Article III Section 3 in reporting their shares of Company income and loss for income tax purposes. (c) Solely for purposes of determining a Unit Holder’s proportionate share of the “excess nonrecourse liabilities” of the Company within the meaning of Regulations Section 1.752Regulations 1. 752-3(a)(3), the Unit Holders’ aggregate interests in Company Profits profits shall be deemed to be as provided in the Capital Accountscapital accounts. To the extent permitted by Section 1.704-2(h)(3) of the Regulations, the Directors shall endeavor to treat distributions of Net Cash Flow as having been made from the proceeds of a Nonrecourse Liability or a Unit Holder Nonrecourse Debt only to the extent that such distributions would cause or increase an Adjusted Capital Account Deficit for any Unit Holder. (d) Allocations of Profits and Losses to the Unit Holders shall be allocated among the Unit Holders them in the ratio which each Unit Holder’s Units bears to the total number of Units issued and outstanding.

Other Allocation Rules. (a) For purposes of determining the Profits, Losses and Losses, or any other items allocable to any period, Profits, Losses Losses, and any such other items shall be determined on a daily, monthly monthly, or other basis, as determined by the Class A Directors using any permissible method under Code Section 706 and the Regulations thereunder. (b) The Unit Holders are aware of the income tax consequences of the allocations made by this Article III Section 3 and hereby agree to be bound by the provisions of this Article III Section 3 in reporting their shares of Company income and loss for income tax purposes. (c) Solely for purposes of determining a Unit Holder’s proportionate share of the “excess nonrecourse liabilities” of the Company within the meaning of Regulations Section 1.752-3(a)(3), the Unit Holders’ aggregate interests in Company Profits profits shall be deemed to be as provided in the Capital Accountscapital accounts. To the extent permitted by Section 1.704-2(h)(3) of the Regulations, the Class A Directors shall endeavor to treat distributions of Net Cash Flow as having been made from the proceeds of a Nonrecourse Liability or a Unit Holder Nonrecourse Debt only to the extent that such distributions would cause or increase an Adjusted Capital Account Deficit for any Unit Holder. (d) Allocations of Profits and Losses to the Unit Holders shall be allocated among the Unit Holders them in the ratio which each Unit Holder’s Units bears to the total number of Units issued and outstanding.

Other Allocation Rules. (a) For purposes of determining Profits, Losses and any other items allocable to any period, Profits, Losses and any such other items shall be determined on a daily, monthly or other basis, as determined by the Directors Board using any permissible method under Code Section 706 and the Regulations thereunder. (b) The Unit Holders are aware of the income tax consequences of the allocations made by this Article III and hereby agree to be bound by the provisions of this Article III in reporting their shares of Company income and loss for income tax purposes. (c) Solely for purposes of determining a Unit Holder’s 's proportionate share of the “"excess nonrecourse liabilities” " of the Company within the meaning of Regulations Section 1.752-3(a)(3), the Unit Holders’ ' aggregate interests in Company Profits shall be deemed to be as provided in the Capital Accounts. To the extent permitted by Section 1.704-2(h)(3) of the Regulations, the Directors Board shall endeavor to treat distributions of Net Cash Flow as having been made from the proceeds of a Nonrecourse Liability or a Unit Holder Nonrecourse Debt only to the extent that such distributions would cause or increase an Adjusted Capital Account Deficit for any Unit Holder. (d) Profits and Losses to the Unit Holders shall be allocated among the Unit Holders in the ratio which each Unit Holder’s 's Units bears to the total number of Units issued and outstanding.

Other Allocation Rules. (a) For purposes of determining the Profits, Losses and Losses, or any other items allocable to any period, Profits, Losses Losses, and any such other items shall be determined on a daily, monthly monthly, or other basis, as determined by the Directors Governors using any permissible method under Code Section 706 and the Regulations thereunder. (b) The Unit Holders are aware of the income tax consequences of the allocations made by this Article III Section 5 and hereby agree to be bound by the provisions of this Article III Section 5 in reporting their shares of Company income and loss for income tax purposes. (c) Solely for purposes of determining a Unit Holder’s proportionate share of the “excess nonrecourse liabilities” of the Company within the meaning of Regulations Section 1.752-3(a)(3), the Unit Holders’ aggregate interests in Company Profits profits shall be deemed to be as provided in the Capital Accountscapital accounts. To the extent permitted by Section 1.704-2(h)(3) of the Regulations, the Directors Governors shall endeavor to treat distributions of Net Cash Flow as having been made from the proceeds of a ​ Nonrecourse Liability or a Unit Holder Nonrecourse Debt only to the extent that such distributions would cause or increase an Adjusted Capital Account Deficit for any Unit Holder. (d) Allocations of Profits and Losses to the Unit Holders shall be allocated among the Unit Holders them in the ratio which each Unit Holder’s Units bears to the total number of Units issued and outstanding.

Other Allocation Rules. (a) For purposes of determining the Profits, Losses and Losses, or any other items allocable to any period, Profits, Losses Losses, and any such other items shall be determined on a daily, monthly monthly, or other basis, as determined by the Directors using any permissible method under Code Section 706 and the Regulations thereunder. (b) The Unit Holders are aware of the income tax consequences of the allocations made by this Article III Section 3 and hereby agree to be bound by the provisions of this Article III Section 3 in reporting their shares of Company income and loss for income tax purposes. (c) Solely for purposes of determining a Unit Holder’s proportionate share of the “excess nonrecourse liabilities” of the Company within the meaning of Regulations Section 1.752l.752-3(a)(3), the Unit Holders’ aggregate interests in Company Profits profit shall be deemed to be as provided in the Capital Accountscapital accounts. To the extent permitted by Section 1.704-2(h)(3) of the Regulations, the Directors shall endeavor to treat distributions of Net Cash Flow as having been made from the proceeds of a Nonrecourse Liability or a Unit Holder Nonrecourse Debt only to the extent that such distributions would cause or increase an Adjusted Capital Account Deficit for any Unit Holder. (d) Allocations of Profits and Losses to the Unit Holders shall be allocated among the Unit Holders them in the ratio which each Unit Holder’s Units bears to the total number of Units issued and outstanding.

Other Allocation Rules. (a) For purposes of determining Profits, Losses and any other items allocable to any period, Profits, Losses and any such other items shall be determined on a daily, monthly or other basis, as determined by the Directors using any permissible method under Code Section 706 and the Regulations thereunder. (b) The Unit Holders are aware of the income tax consequences of the allocations made by this Article III and hereby agree to be bound by the provisions of this Article III in reporting their shares of Company income and loss for income tax purposes. (c) Solely for purposes of determining a Unit Holder’s 's proportionate share of the “excess nonrecourse liabilities” of the Company within the meaning of Regulations Section 1.752-3(a)(3), the Unit Holders’ ' aggregate interests in Company Profits shall be deemed to be as provided in the Capital Accounts. To the extent permitted by Section 1.704-2(h)(3) of the Regulations, the Directors shall endeavor to treat distributions of Net Cash Flow as having been made from the proceeds of a Nonrecourse Liability or a Unit Holder Nonrecourse Debt only to the extent that such distributions would cause or increase an Adjusted Capital Account Deficit for any Unit Holder. (d) Profits and Losses to the Unit Holders shall be allocated among the Unit Holders in the ratio which each Unit Holder’s 's Units bears to the total number of Units issued and outstanding.

Other Allocation Rules. (a) For purposes of determining Profits, the Profits and Losses and or any other items allocable to any periodperiod during the Pre-Corporate Period, Profits, Losses Losses, and any other such other items shall be determined on a daily, monthly or other basis, as determined by the Directors Company using any method permissible method under Code Section 706 and the Regulations thereunder. (b) The Unit Holders Members are aware of the income tax consequences of the allocations made by this Article III 4 and hereby agree to be bound by the provisions of this Article III 4 in reporting their shares of Company income and loss for income tax purposes. (c) Solely for purposes of determining a Unit HolderMember’s proportionate share of the “excess nonrecourse liabilities” of the Company within the meaning of Regulations Section 1.752-3(a)(3), the Unit HoldersMembers’ aggregate interests in Company Profits shall be deemed profits are in proportion to be as provided in the Capital Accounts. their Percentage Interests. (d) To the extent permitted by Section 1.704-2(h)(3) of the Regulations, the Directors Manager shall endeavor to treat distributions of Net Cash Flow during the Pre-Corporate Period as having been made from the proceeds of a Nonrecourse Liability or a Unit Holder Member Nonrecourse Debt only to the extent that such distributions would cause or increase an Adjusted Capital Account Deficit for any Unit HolderMember. (d) Profits and Losses to the Unit Holders shall be allocated among the Unit Holders in the ratio which each Unit Holder’s Units bears to the total number of Units issued and outstanding.

Other Allocation Rules. (a) For purposes of determining the Profits, Losses and Losses, or any other items allocable to any period, Profits, Losses Losses, and any such other items shall be determined on a daily, monthly monthly, or other basis, as determined by the Directors using any permissible method under Code Section 706 and the Regulations thereunder. (b) The Unit Holders are aware of the income tax consequences of the allocations made by this Article III Section 3 and hereby agree to be bound by the provisions of this Article III Section 3 in reporting their shares of Company income and loss for income tax purposes. (c) Solely for purposes of determining a Unit Holder’s 's proportionate share of the “excess nonrecourse liabilities” of the Company within the meaning of Regulations Section 1.752-3(a)(3), the Unit Holders’ ' aggregate interests in Company Profits profits shall be deemed to be as provided in the Capital Accountscapital accounts. To the extent permitted by Section 1.704-2(h)(3) of the Regulations, the Directors shall endeavor to treat distributions of Net Cash Flow as having been made from the proceeds of a Nonrecourse Liability or a Unit Holder Nonrecourse Debt only to the extent that such distributions would cause or increase an Adjusted Capital Account Deficit for any Unit Holder. (d) Profits and Losses to the Unit Holders shall be allocated among the Unit Holders in the ratio which each Unit Holder’s Units bears to the total number of Units issued and outstanding.

Other Allocation Rules. (a) For purposes of determining Profits, Losses and any other items allocable to any period, Profits, Losses and any such other items shall be determined on a daily, monthly or other basis, as determined by the Directors using any permissible method under Code Section 706 and the Regulations thereunder. (b) The Unit Holders are aware of the income tax consequences of the allocations made by this Article III and hereby agree to be bound by the provisions of this Article III in reporting their shares of Company income and loss for income tax purposes. (c) Solely for purposes of determining a Unit Holder’s proportionate share of the “excess nonrecourse liabilities” of the Company within the meaning of Regulations Section 1.752-3(a)(31.752‑3(a)(3), the Unit Holders’ aggregate interests in Company Profits shall be deemed to be as provided in the Capital Accounts. To the extent permitted by Section 1.704-2(h)(31.704‑2(h)(3) of the Regulations, the Directors shall endeavor to treat distributions of Net Cash Flow as having been made from the proceeds of a Nonrecourse Liability or a Unit Holder Nonrecourse Debt only to the extent that such distributions would cause or increase an Adjusted Capital Account Deficit for any Unit Holder. (d) Profits and Losses to the Unit Holders shall be allocated among the Unit Holders in the ratio which each Unit Holder’s Units bears to the total number of Units issued and outstanding.

Other Allocation Rules. (a) For purposes of determining the Profits, Losses and Losses, or any other items allocable to any period, Profits, Losses Losses, and any such other items shall be determined on a daily, monthly monthly, or other basis, as determined by the Directors using any permissible method under Code Section 706 and the Regulations thereunder. (b) The Unit Holders are aware of the income tax consequences of the allocations made by this Article III Section 3 and hereby agree to be bound by the provisions of this Article III Section 3 in reporting their shares of Company income and loss for income tax purposes. (c) Solely for purposes of determining a Unit Holder’s 's proportionate share of the “"excess nonrecourse liabilities” " of the Company within the meaning of Regulations Section 1.752-1.752- 3(a)(3), the Unit Holders’ ' aggregate interests in Company Profits profits shall be deemed to be as provided in the Capital Accountscapital accounts. To the extent permitted by Section 1.704-2(h)(3) of the Regulations, the Directors shall endeavor to treat distributions of Net Cash Flow as having been made from the proceeds of a Nonrecourse Liability or a Unit Holder Nonrecourse Debt only to the extent that such distributions would cause or increase an Adjusted Capital Account Deficit for any Unit Holder. (d) Allocations of Profits and Losses to the Unit Holders shall be allocated among the Unit Holders them in the ratio which each Unit Holder’s 's Units bears to the total number of Units issued and outstanding, regardless of class.

Other Allocation Rules. (a) For purposes of determining Profits, Losses and any other items allocable to any period, Profits, Losses and any such other items shall be determined on a daily, monthly or other basis, as determined by the Directors using any permissible method under Code Section 706 and the Regulations thereunder. (b) The Unit Holders are aware of the income tax consequences of the allocations made by this Article III and hereby agree to be bound by the provisions of this Article III in reporting their shares of Company income and loss for income tax purposes. (c) Solely for purposes of determining a Unit Holder’s proportionate share of the “excess nonrecourse liabilities” of the Company within the meaning of Regulations Section 1.752-3(a)(3), the Unit Holders’ aggregate interests in Company Profits shall be deemed to be as provided in the Capital Accounts. To the extent permitted by Section 1.704-2(h)(3) of the Regulations, the Directors shall endeavor to treat distributions of Net Cash Flow as having been made from the proceeds of a Nonrecourse Liability NonrecourseLiability or a Unit Holder Nonrecourse Debt only to the extent that such distributions would cause or increase an Adjusted Capital Account Deficit for any Unit Holder. (d) Profits and Losses to the Unit Holders shall be allocated among the Unit Holders in the ratio which each Unit Holder’s Units bears to the total number of Units issued and outstanding.

Other Allocation Rules. (a) For purposes of determining the Profits, Losses and Losses, or any other items allocable to any period, Profits, Losses Losses, and any such other items shall be determined on a daily, monthly monthly, or other basis, as determined by the Directors Manager using any permissible method under Code Section 706 and the Regulations thereunder. (b) The Unit Holders Members are aware of the income tax consequences of the allocations made by this Article III 7 and hereby agree to be bound by the provisions of this Article III 7 in reporting their shares of Company income and loss for income tax purposes. (c) Solely for purposes of determining a Unit HolderMember’s proportionate share of the “”excess nonrecourse liabilities” of the Company within the meaning of Regulations Section 1.752-3(a)(3), the Unit HoldersMembers’ aggregate interests in Company Profits shall be deemed profits are in proportion to be as provided in the Capital Accounts. their Sharing Ratios. (d) To the extent permitted by Section 1.704-2(h)(3) of the Regulations, the Directors Manager shall endeavor to treat distributions of Net Cash Flow From Operations or Net Cash From Sales or Refinancings as having been made from the proceeds of a Nonrecourse Liability or a Unit Holder Member Nonrecourse Debt only to the extent that such distributions would cause or increase an Adjusted Capital Account Deficit for any Unit HolderMember. (de) Profits and Losses All allocations to Members shall include the Manager to the Unit Holders shall be allocated among extent that the Unit Holders in the ratio which each Unit Holder’s Units bears to the total number of Units issued and outstandingManager is also a Member.

Other Allocation Rules. (a) For purposes of determining the Profits, Losses and Losses, or any other items allocable to any period, Profits, Losses Losses, and any such other items shall be determined on a daily, monthly monthly, or other basis, as determined by the Directors using any permissible method under Code Section 706 and the Regulations thereunder. (b) The Unit Holders are aware of the income tax consequences of the allocations made by this Article III Section 3 and hereby agree to be bound by the provisions of this Article III Section 3 in reporting their shares of Company income and loss for income tax purposes. (c) Solely for purposes of determining a Unit Holder’s 's proportionate share of the “"excess nonrecourse liabilities” " of the Company within the meaning of Regulations Section 1.752Section 1. 752-3(a)(3), the Unit Holders’ ' aggregate interests in Company Profits profits shall be deemed to be as provided in the Capital Accountscapital accounts. To the extent permitted by Section 1.704-2(h)(3) of the Regulations, the Directors shall endeavor to treat distributions of Net Cash Flow as having been made from the proceeds of a Nonrecourse Liability or a Unit Holder Nonrecourse Debt only to the extent that such distributions would cause or increase an Adjusted Capital Account Deficit for any Unit Holder. (d) Allocations of Profits and Losses to the Unit Holders shall be allocated among the Unit Holders them in the ratio which each Unit Holder’s 's Units bears to the total number of Units issued and outstanding.

Other Allocation Rules. (a) For purposes of determining the Profits, Losses and Losses, or any other items allocable to any period, Profits, Losses Losses, and any such other items shall be determined on a daily, monthly monthly, or other basis, as determined by the Directors using any permissible method under Code Section 706 and the Regulations thereunder. (b) The Unit Holders are aware of the income tax consequences of the allocations made by this Article III Section 3 and hereby agree to be bound by the provisions of this Article III Section 3 in reporting their shares of Company income and loss for income tax purposes. (c) Solely for purposes of determining a Unit Holder’s proportionate share of the “excess nonrecourse liabilities” of the Company within the meaning of Regulations Section 1.752-3(a)(3), the Unit Holders’ aggregate interests in Company Profits profits shall be deemed to be as provided in the Capital Accountscapital accounts. To the extent permitted by Section 1.704-2(h)(3) of the Regulations, the Directors shall endeavor to treat distributions of Net Cash Flow as having been made from the proceeds of a Nonrecourse Liability or a Unit Holder Nonrecourse Debt only to the extent that such distributions would cause or increase an Adjusted Capital Account Deficit for any Unit Holder.to (d) Generally, allocations of Profits and Losses to the Unit Holders shall be allocated among the Unit Holders them in the ratio which each Unit Holder’s Units bears to the total number of Units issued and outstanding.

Other Allocation Rules. (a) For purposes of determining the Profits, Losses and Losses, or any other items allocable to any period, Profits, Losses Losses, and any such other items shall be determined on a daily, monthly or other basis, as determined by the Directors using any permissible method under Code Section 706 and the Regulations thereunder.a (b) The Unit Holders are aware of the income tax consequences of the allocations made by this Article III Section 3 and hereby agree to be bound by the provisions of this Article III Section 3 in reporting their shares of Company income and loss for income tax purposes. (c) Solely for purposes of determining a Unit Holder’s proportionate share of the “excess nonrecourse liabilities” of the Company within the meaning of Regulations Section 1.752-3(a)(3), the Unit Holders’ aggregate interests in Company Profits profits shall be deemed to be as provided in the Capital Accountscapital accounts. To the extent permitted by Section 1.704-2(h)(3) of the Regulations, the Directors shall endeavor to treat distributions of Net Cash Flow as having been made from the proceeds of a Nonrecourse Liability or a Unit Holder Nonrecourse Debt only to the extent that such distributions would cause or increase an Adjusted Capital Account Deficit for any Unit Holder. (d) Allocations of Profits and Losses to the Unit Holders shall be allocated among the Unit Holders them in the ratio which each Unit Holder’s Units bears to the total number of Units issued and outstanding.

Other Allocation Rules. (a) For purposes of determining the Profits, Losses and Losses, or any other items allocable to any period, Profits, Losses Losses, and any such other items shall be determined on a daily, monthly monthly, or other basis, as determined by the Board of Directors using any permissible method under Code Section 706 and the Regulations thereunder. (b) The Unit Holders are aware of the income tax consequences of the allocations made by this Article III Section 3 and hereby agree to be bound by the provisions of this Article III Section 3 in reporting their shares of Company income and loss for income tax purposes. (c) Solely for purposes of determining a Unit Holder’s proportionate share of the “excess nonrecourse liabilities” of the Company within the meaning of Regulations Section 1.752-3(a)(3), the Unit Holders’ aggregate interests in Company Profits profits shall be deemed to be as provided in the Capital Accountscapital accounts. To the extent permitted by Section 1.704-2(h)(3) of the Regulations, the Board of Directors shall endeavor to treat distributions of Net Cash Flow as having been made from the proceeds of a Nonrecourse Liability or a Unit Holder Nonrecourse Debt only to the extent that such distributions would cause or increase an Adjusted Capital Account Deficit for any Unit Holder. (d) Allocations of Profits and Losses to the Unit Holders shall be allocated among the Unit Holders them in the ratio which each Unit Holder’s Units bears to the total number of Units issued and outstanding.

Other Allocation Rules. (a) For purposes of determining the Profits, Losses and Losses, or any other items allocable to any period, Profits, Losses Losses, and any such other items shall be determined on a daily, monthly monthly, or other basis, as determined by the Directors using any permissible method under Code Section 706 and the Regulations thereunder. (b) The Unit Holders are aware of the income tax consequences of the allocations made by this Article III Section 3 and hereby agree to be bound by the provisions of this Article III Section 3 in reporting their shares of Company income and loss for income tax purposes. (c) Solely for purposes of determining a Unit Holder’s proportionate share of the “excess nonrecourse liabilities” of the Company within the meaning of Regulations Section 1.752-3(a)(3), the Unit Holders’ aggregate interests in Company Profits profits shall be deemed to be as provided in the Capital Accountscapital accounts. To the extent permitted by Section 1.704-2(h)(3) of the Regulations, the Directors shall endeavor to treat distributions of Net Cash Flow as having been made from the proceeds of a Nonrecourse Liability or a Unit Holder Nonrecourse Debt only to the extent that such distributions would cause or increase an Adjusted Capital Account Deficit for any Unit Holder. (d) Profits and Losses to the Unit Holders shall be allocated among the Unit Holders in the ratio which each Unit Holder’s Units bears to the total number of Units issued and outstanding.

Other Allocation Rules. (a) For purposes of determining the Profits, Losses and Losses, or any other items allocable to any period, Profits, Losses Losses, and any such other items shall be determined on a daily, monthly monthly, or other basis, as determined by the Directors using any permissible method under Code CODE Section 706 and the Regulations thereunder. (b) The Unit Holders are aware of the income tax consequences of the allocations made by this Article III Section 3 and hereby agree to be bound by the provisions of this Article III Section 3 in reporting their shares of Company income and loss for income tax purposes. (c) Solely for purposes of determining a Unit Holder’s proportionate share of the “excess nonrecourse liabilities” of the Company within the meaning of Regulations Section 1.752-3(a)(3), the Unit Holders’ aggregate interests in Company Profits profits shall be deemed to be as provided in the Capital Accountscapital accounts. To the extent permitted by Section 1.704-2(h)(3) of the Regulations, the Directors shall endeavor to treat distributions of Net Cash Flow as having been made from the proceeds of a Nonrecourse Liability or a Unit Holder Nonrecourse Debt only to the extent that such distributions would cause or increase an Adjusted Capital Account Deficit for any Unit Holder. (d) Allocations of Profits and Losses to the Unit Holders shall be allocated among the Unit Holders them in the ratio which each Unit Holder’s Units bears to the total number of Units issued and outstanding.

Other Allocation Rules. (a) For purposes of determining Profits, Losses and any other items allocable to any period, Profits, Losses and any such other items shall be determined on a daily, monthly or other basis, as determined by the Directors Governors using any permissible method under Code Section 706 and the Regulations thereunder. (b) The Unit Holders are aware of the income tax consequences of the allocations made by this Article III and hereby agree to be bound by the provisions of this Article III in reporting their shares of Company income and loss for income tax purposes. (c) Solely for purposes of determining a Unit Holder’s proportionate share of the “excess nonrecourse liabilities” of the Company within the meaning of Regulations Section 1.752-3(a)(3), the Unit Holders’ aggregate interests in Company Profits shall be deemed to be as provided in the Capital Accounts. To the extent permitted by Section 1.704-2(h)(3) of the Regulations, the Directors Governors shall endeavor to treat distributions of Net Cash Flow as having been made from the proceeds of a Nonrecourse Liability or a Unit Holder Nonrecourse Debt only to the extent that such distributions would cause or increase an Adjusted Capital Account Deficit for any Unit Holder. (d) Profits and Losses to the Unit Holders shall be allocated among the Unit Holders in the ratio which each Unit Holder’s Units bears to the total number of Units issued and outstanding.

Other Allocation Rules. (a) For purposes of determining Profits, Losses and any other items allocable to any period, Profits, Losses and any such other items shall be determined on a daily, monthly or other basis, as determined by the Directors Governors using any permissible method under Code Section 706 and the Regulations thereunder. (b) The Unit Holders are aware of the income tax consequences of the allocations made by this Article III and hereby agree to be bound by the provisions of this Article III in reporting their shares of Company income and loss for income tax purposes. (c) Solely for purposes of determining a Unit Holder’s proportionate share of the “excess nonrecourse liabilities” of the Company within the meaning of Regulations Section 1.752-1.752- 3(a)(3), the Unit Holders’ aggregate interests in Company Profits shall be deemed to be as provided in the Capital Accounts. To the extent permitted by Section 1.704-2(h)(3) of the Regulations, the Directors Governors shall endeavor to treat distributions of Net Cash Flow as having been made from the proceeds of a Nonrecourse Liability or a Unit Holder Nonrecourse Debt only to the extent that such distributions would cause or increase an Adjusted Capital Account Deficit for any Unit Holder. (d) Profits and Losses to the Unit Holders shall be allocated among the Unit Holders in the ratio which each Unit Holder’s Units bears to the total number of Units issued and outstanding.

Other Allocation Rules. (a) For purposes of determining the Profits, Losses and Losses, or any other items allocable to any period, Profits, Losses Losses, and any such other items shall be determined on a daily, monthly monthly, or other basis, as determined by the Class A Directors using any permissible method under Code Section 706 and the Regulations thereunder. (b) The Unit Holders are aware of the income tax consequences of the allocations made by this Article III Section 3 and hereby agree to be bound by the provisions of this Article III Section 3 in reporting their shares of Company income and loss for income tax purposes. (c) Solely for purposes of determining a Unit Holder’s 's proportionate share of the “"excess nonrecourse liabilities” " of the Company within the meaning of Regulations Section 1.752-1.752 3(a)(3), the Unit Holders’ ' aggregate interests in Company Profits profits shall be deemed to be as provided in the Capital Accountscapital accounts. To the extent permitted by Section 1.704-1.704 2(h)(3) of the Regulations, the Class A Directors shall endeavor to treat distributions of Net Cash Flow as having been made from the proceeds of a Nonrecourse Liability or a Unit Holder Nonrecourse Debt only to the extent that such distributions would cause or increase an Adjusted Capital Account Deficit for any Unit Holder. (d) Allocations of Profits and Losses to the Unit Holders shall be allocated among the Unit Holders them in the ratio which each Unit Holder’s 's Units bears to the total number of Units issued and outstanding.