Common use of Allocation of Net Loss Clause in Contracts

Allocation of Net Loss. Except as otherwise provided in this Article 4, Net Loss shall be allocated among the Members as follows: (i) first, to offset any Net Profits allocated pursuant to Section 4.1.1(i) hereof, and then to offset any Net Profits allocated pursuant to Section 4.1.1 (ii) hereof (in each case pro rata in proportion to their shares of Net Profits being offset); (ii) second, in proportion to the positive balances, if any, in the Members' respective Capital Accounts, until such balances are reduced to zero; and (iii) third, to the Members, pro rata, in accordance with their Percentage Interests; provided, however, that if, and to the extent that the allocation of Net Loss in this manner would cause a Member to have an Adjusted Capital Account Deficit at the end of the Fiscal Year, then such Net Loss shall instead be allocated to the Member who has the largest Percentage Interest.

Appears in 1 contract

Samples: Operating Agreement (Kennedy Wilson Inc)

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Allocation of Net Loss. Except as otherwise provided in this Article 4, Net Loss shall be allocated among the Members as follows: (i) first, to offset any Net Profits allocated pursuant to Section 4.1.1(i) hereof, and then to offset any Net Profits allocated pursuant to Section 4.1.1 (ii4.1.1(ii) hereof (in each case pro rata in proportion to their shares of Net Profits being offset); (ii) second, in proportion to the positive balances, if any, in the Members' respective Capital Accounts, until such balances are reduced to zero; and (iii) third, to the Members, pro rata, in accordance with their Percentage Interests; provided, however, that if, and to the extent that the allocation of Net Loss in this manner would cause a Member to have an Adjusted Capital Account Deficit at the end of the Fiscal Year, then such Net Loss shall instead be allocated to the Member who has the largest Percentage Interest.

Appears in 1 contract

Samples: Operating Agreement (Tsecrp Inc)

Allocation of Net Loss. Except as otherwise provided in this Article 4, Net Loss shall be allocated among the Members as follows: (i) first, to offset any Net Profits allocated pursuant to Section 4.1.1(i) 411 hereof, and then to offset any Net Profits allocated pursuant to Section 4.1.1 (ii) 411 hereof (in each case pro rata in proportion to their shares of Net Profits being offset); (ii) second, in proportion to the positive balances, if any, in the Members' respective Capital Accounts, until such balances are reduced to zero; and (iii) third, to the Members, pro rata, in accordance with their Percentage Interests; provided, however, that if, and to the extent that the allocation of Net Loss in this manner would cause a Member to have an Adjusted Capital Account Deficit at the end of the Fiscal Year, then such Net Loss shall instead be allocated to the Member who has the largest Percentage Interest.

Appears in 1 contract

Samples: Operating Agreement (G&l Realty Corp)

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Allocation of Net Loss. Except as otherwise provided in this ---------------------- Article 4, Net Loss shall be allocated among the Members as follows: (i) 4.1.2.1 first, to offset any Net Profits allocated pursuant to Section 4.1.1(i) ? hereof, and then to offset any Net Profits allocated pursuant to Section 4.1.1 (ii) ? hereof (in each case pro rata in proportion to their shares of Net Profits being offset); (ii) 4.1.2.2 second, in proportion to the positive balances, if any, in the Members' respective Capital Accounts, until such balances are reduced to zero; and (iii) 4.1.2.3 third, to the Members, pro rata, in accordance with their Percentage Interests; provided, however, that if, and to the extent that the allocation of Net Loss in this manner would cause a Member to have an Adjusted Capital Account Deficit at the end of the Fiscal Year, then such Net Loss shall instead be allocated to the Member who has the largest Percentage Interest.

Appears in 1 contract

Samples: Operating Agreement (Demattos Carlos D)

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