EFTA01134802Set 9
2013-05-0137p14,486w
Capital Accounts of the Members
shall be adjusted and maintained in accordance with Treasury Regulations
Section 1.704-1(b)(2)(iv) and Exhibit D. The net income (and items thereof ... Entity Classification Election, in the manner described
under Section 301.7701-3(c) of the Treasury Regulations. By executing this Agreement,
each of the Members hereby consents to any election made ... account
any changes during such year; and (ii) reduced by the items described in Treasury
Regulation §§ 1.704-1(b)(2)(ii)(d)(4), (5) and (6).
"Company Minimum Gain" shall
https://www.justice.gov/epstein/files/DataSet%209/EFTA01134802.pdf
EFTA01129958Set 9
2014-11-2095p54,256w
Accumulated other comprehensive income (loss) 8,124 8,124
Treasury stock, at cost (2,600,377) (2,600,377)
Total stockholders' equity 4,751,213 4351,213
Noncontrolling interests ... basis (assuming a 360•day year consisting of twelve 30•day months) at the Treasury Rate plus
basis points, in each case, plus any accrued and unpaid interest (including compounded ... that
rating agency or its predecessor on the initial issuance of the debentures.
- Treasury Rate" means, with respect to any date of redemption, the rate per annum equal
https://www.justice.gov/epstein/files/DataSet%209/EFTA01129958.pdf
EFTA00805813Set 9
44p16,870w
taxable transaction) property subject to liability in full
satisfaction thereof, determined pursuant to Treasury Regulations § 1.704-2(d).
"Net Asset Management Fees" means the Company's total fee revenue derived ... pledge,
hypothecate, encumber, exchange or otherwise dispose of or transfer the same to another.
'Treasury Regulations" means all temporary and final regulations promulgated
under the Code that from time ... each Member in
accordance with Section 704(b) of the Code and the Treasury Regulations thereunder. Except as
otherwise required in the Act, or pursuant to this Agreement, no Member
https://www.justice.gov/epstein/files/DataSet%209/EFTA00805813.pdf