Common use of Allocation of Net Losses Clause in Contracts

Allocation of Net Losses. After giving effect to Section 1.5 of this Exhibit, for any Fiscal Year, the items of income, expense, gain and loss of the Company comprising Net Losses shall be allocated as follows: (1) First, (i) thirty-five percent (35%) to the Non-Managing Member, and (ii) sixty-five percent (65%) to Managing Member, until the aggregate amount of Net Losses allocated pursuant to this Section 1.3(b)(1) equals the aggregate amount Net Income allocated pursuant to Section 1.3(a)(7) of this Exhibit; (2) Second, to the Members, pro rata in accordance with their respective Membership Percentages until the aggregate amount of Net Losses allocated pursuant to this Section 1.3(b)(2) equals the aggregate amount Net Income allocated pursuant to Section 1.3(a)(6) of this Exhibit; and (3) Third, to the Non-Managing Member until the aggregate amount of Net Losses allocated to the Non-Managing Member pursuant to this Section 1.3(b)(3) equals the aggregate amount Net Income allocated pursuant to Section 1.3(a)(5) of this Exhibit; (4) Fourth, to the Managing Member until the aggregate amount of Net Losses allocated to the Managing Member pursuant to this Section 1.3(b)(4) equals the aggregate amount Net Income allocated pursuant to Section 1.3(a)(4) of this Exhibit; (5) Thereafter, to the Members, pro rata in accordance with their respective Membership Percentages.

Allocation of Net Losses. After giving effect to Section 1.5 of this Exhibit, for any Fiscal Year, the items of income, expense, gain and loss of the Company comprising Net Losses shall be allocated as follows: (1) First, (i) thirty-five percent (35%) 45% to the Non-Managing Member, and (ii) sixty-five percent (65%) 55% to Managing Member, until the aggregate amount of Net Losses allocated pursuant to this Section 1.3(b)(1) equals the aggregate amount of Net Income allocated pursuant to Section 1.3(a)(8) of this Exhibit; (2) Second, (i) 40% to the Non-Managing Member, and (ii) 60% to Managing Member, until the aggregate amount of Net Losses allocated pursuant to this Section 1.3(b)(2) equals the aggregate amount Net Income allocated pursuant to Section 1.3(a)(7) of this Exhibit; (23) SecondThird, to the Members, pro rata in accordance with their respective Membership Percentages until the aggregate amount of Net Losses allocated pursuant to this Section 1.3(b)(21.3(b)(3) equals the aggregate amount Net Income allocated pursuant to Section 1.3(a)(6) of this Exhibit; and (34) ThirdFourth, to the Non-Managing Member until the aggregate amount of Net Losses allocated to the Non-Managing Member pursuant to this Section 1.3(b)(31.3(b)(4) equals the aggregate amount Net Income allocated pursuant to Section 1.3(a)(5) of this Exhibit; (45) FourthFifth, to the Managing Member until the aggregate amount of Net Losses allocated to the Managing Member pursuant to this Section 1.3(b)(41.3(b)(5) equals the aggregate amount Net Income allocated pursuant to Section 1.3(a)(4) of this Exhibit; (56) Thereafter, to the Members, pro rata in accordance with their respective Membership Percentages.