Allocation of Revenues. (a) All revenues of the Partnership (which shall not include Capital Contributions and loans to the Partnership) shall be allocated and credited to the Partners as follows: (i) Insurance proceeds shall be allocated among the Partners in the same proportions as costs and expenses were allocated and charged hereunder at the time of the accident or other occurrence giving rise to such insurance proceeds. (ii) All revenues used to repay any principal, interest or other amounts owing with respect to any Partnership borrowings or indebtedness shall be allocated to the Partners in the same proportions as the costs and expenses paid with such borrowings or indebtedness were allocated to the Partners (and, with respect to any indebtedness to which any property acquired by the Partnership is subject at the time of its acquisition, in the same proportions as costs are allocated under Section 4.2 at the time such property is acquired by the Partnership). (iii) After making the allocation provided for in Section 4.3(a)(ii) and taking into account the revenues allocated therein, all additional revenues resulting from the sale or other disposition of depletable property (as defined in Section 4.4(b)) shall be allocated, to the extent such revenues constitute a recovery of Simulated Basis of such property, to the Partners in the same percentages as the costs of the property sold were allocated up to an amount equal to each Partner's share of the Partnership's Simulated Basis in such property at the time of such sale. Thereafter, revenues resulting from any such sale or disposition shall be allocated to the Partners in a manner which will cause the aggregate of all revenues allocated to the Partners from such sale or disposition and all prior sales or other dispositions of depletable property (to the extent possible) to equal the amounts which would have been allocated under paragraph (iv) of this Section 4.3(a) in the absence of this paragraph (iii). (iv) All other revenues of the Partnership not specifically allocated above shall be allocated 1% to the General Partner and 99% to the Limited Partners. (b) All dry hole and bottom hole and similar contributions shall not be considered to be revenues hereunder but shall be applied to reduce the costs of the respective wellx xx which they relate.
Appears in 1 contract
Samples: Limited Partnership Agreement (Titan Exploration Inc)
Allocation of Revenues. (a) All revenues of the Partnership (which shall not include Capital Contributions and loans to the Partnership) shall be allocated and credited to the Partners as follows:
(ia) Insurance proceeds proceeds, to the extent not otherwise expended by the Partnership to preserve and protect Partnership property in the event of an accident or other occurrence or to pay Partnership liabilities or other obligations arising from an accident or other occurrence, shall be allocated among between the Partners in the same proportions manner as costs and expenses were allocated and charged hereunder at revenues from the time sale of the accident or other occurrence giving rise property to which such insurance proceedsproceeds relate would be allocated under this SECTION 4.
(iib) All revenues used to repay any principal, interest or other amounts owing with respect to any Partnership borrowings or indebtedness shall be allocated to the Partners in the same proportions as the costs and expenses paid with such borrowings or indebtedness were allocated to the Partners (and, with respect to any indebtedness to which any property acquired by the Partnership is subject at the time of its acquisition, in the same proportions as costs are allocated under Section 4.2 SECTION 4.1(F) at the time such property is acquired by the Partnership).
(iiic) After making the allocation provided for in Section 4.3(a)(iiSECTION 4.2(B) and taking into account the revenues allocated therein, all additional revenues resulting from the sale or other disposition of depletable property Depletable Property (as defined in Section 4.4(bSECTION 4.3(B)) shall be allocated, to the extent such revenues constitute a recovery of Simulated Basis of such property, to the Partners in the same percentages as the costs of the property sold were allocated up to an amount equal to each Partner's share of the Partnership's Simulated Basis in such property at the time of such sale. Thereafter, revenues resulting from any such sale or disposition shall be allocated to the Partners in a manner which will cause the aggregate of all revenues allocated to the Partners from such sale or disposition and all prior sales or other dispositions of depletable property Depletable Property (to the extent possiblepossible and subject to, and taking into account, the other subsections (as applicable) referenced in SUBSECTION (D) of this SECTION 4.2) to equal the amounts which would have been allocated under paragraph SUBSECTION (ivD) of this Section 4.3(a) SECTION 4.2 in the absence of this paragraph SUBSECTION (iiiC).
(ivd) All Subject to SUBSECTION (E) or SUBSECTION (F) below (as applicable), all other revenues of the Partnership not specifically allocated above shall be allocated 1(i) 10% to the General Partner and 9990% to the Limited PartnersPartners prior to Payout No. 1, (ii) 40% to the General Partner and 60% to the Limited Partners after Payout No. 1 but prior to Payout No. 2, (iii) 50% to the General Partner and 50% to the Limited Partners after Payout No. 2 but prior to Payout No. 3 and (iv) 70% to the General Partner and 30% to the Limited Partners after Payout No. 3; provided, however, and subject to SUBSECTION (E) or SUBSECTION (F) below (as applicable), if all or substantially all of the properties of the Partnership are sold or otherwise disposed of by the Partnership on or prior to January 1, 2000, the allocations set forth in SUBSECTION (IV) shall instead be "60% to the General Partner and 40% to the Limited Partners after Payout No. 3".
(be) All dry hole and bottom hole and similar contributions shall not be considered to be revenues hereunder but Notwithstanding SUBSECTION (D) above, if the Limited Partners fund the General Partner's share of any LOPC Overrun Costs or Capital Overrun Costs (the amount so funded in this SUBSECTION (E) being called the "AGGREGATE AMOUNT"), the Limited Partners' LP Allocable Share (as defined below) (i) shall be applied permanently increased by an amount equal to reduce 10 percentage points (and the costs General Partner's GP Allocable Share (as defined below) shall be correspondingly permanently decreased) as of the respective wellx xx date on which they relate.the Limited Partners initially fund the Aggregate Amount (in this SUBSECTION (E), the "INITIAL FUNDING DATE") and (ii) shall be further permanently increased by an amount equal to ten percentage points (and the General Partner's GP Allocable Share shall be correspondingly permanently decreased) upon the expiration of a three-month period commencing with the Initial Funding Date (and upon the expiration of each successive three-month period thereafter); provided, that additional permanent increase(s) (and corresponding permanent decrease(s)) shall cease when (x) the General Partner contributes cash to the Partnership in an amount equal to the Aggregate Amount and (y) the Partnership distributes such cash to the Limited Partners (the date on which such distribution occurs in this SUBSECTION (E) being called the "DISTRIBUTION DATE"); provided, further, that without limiting the foregoing (and subject to the Limited Partners thereafter funding any additional LOPC Overrun Costs), the Limited Partner's LP Allocable Share shall remain the percentage amount as revised to the Distribution Date and the General Partner's GP Allocable Share shall remain the percentage
Appears in 1 contract
Samples: Limited Partnership Agreement (Santa Fe Energy Trust)
Allocation of Revenues. (a) All revenues of the Partnership (which shall not include Capital Contributions and loans to the Partnership) attributable to Partnership operations prior to the date hereof shall be allocated and credited to the Partners as provided in the Original Agreement. All revenues of the Partnership (which shall not include Capital Contributions and loans to the Partnership) attributable to Partnership operations on or after the date hereof shall be allocated and credited to the Partners as follows:
(ia) Insurance proceeds proceeds, to the extent not otherwise expended by the Partnership to preserve and protect Partnership property in the event of an accident or other occurrence or to pay Partnership liabilities or other obligations arising from an accident or other occurrence, shall be allocated among between the Partners in the same proportions manner as costs and expenses were allocated and charged hereunder at revenues from the time sale of the accident or other occurrence giving rise property to which such insurance proceedsproceeds relate would be allocated under this SECTION 4.
(iib) All revenues used to repay any principal, interest or other amounts owing with respect to any Partnership borrowings or indebtedness shall be allocated to the Partners in the same proportions as the costs and expenses paid with such borrowings or indebtedness were allocated to the Partners (and, with respect to any indebtedness to which any property acquired by the Partnership is subject at the time of its acquisition, in the same proportions as costs are allocated under Section 4.2 SECTION 4.1(F) at the time such property is acquired by the Partnership).
(iiic) After making the allocation provided for in Section 4.3(a)(iiSECTION 4.2(B) and taking into account the revenues allocated therein, all additional revenues resulting from the sale or other disposition of depletable property Depletable Property (as defined in Section 4.4(bSECTION 4.3(B)) shall be allocated, to the extent such revenues constitute a recovery of Simulated Basis of such property, to the Partners in the same percentages as the costs of the property sold were allocated up to an amount equal to each Partner's share of the Partnership's Simulated Basis in such property at the time of such sale. Thereafter, revenues resulting from any such sale or disposition shall be allocated to the Partners in a manner which will cause the aggregate of all revenues allocated to the Partners from such sale or disposition and all prior sales or other dispositions of depletable property Depletable Property (to the extent possiblepossible and subject to, and taking into account, the other subsections (as applicable) referenced in SUBSECTION (D) of this SECTION 4.2) to equal the amounts which would have been allocated under paragraph SUBSECTION (ivD) of this Section 4.3(a) SECTION 4.2 in the absence of this paragraph SUBSECTION (iiiC).
(ivd) All Subject to SUBSECTION (E) or SUBSECTION (F) below (as applicable), all other revenues of the Partnership not specifically allocated above shall be allocated 1(i) 15% to the General Partner and 9985% to the Limited PartnersPartners prior to Payout No. 1, (ii) 45% to the General Partner and 55% to the Limited Partners after Payout No. 1 but prior to Payout No. 2 and (iii) 70% to the General Partner and 30% to the Limited Partners after Payout No. 2.
(be) All dry hole and bottom hole and similar contributions shall not be considered to be revenues hereunder but Notwithstanding SUBSECTION (D) above, if the Limited Partners fund the General Partner's share of any Capital Overrun Costs (the amount so funded in this SUBSECTION (E) being called the "AGGREGATE AMOUNT"), the Limited Partners' LP Allocable Share (as defined below) (i) shall be applied permanently increased by an amount equal to reduce 10 percentage points (and the costs General Partner's GP Allocable Share (as defined below) shall be correspondingly permanently decreased) as of the respective wellx xx date on which they relate.the Limited Partners initially fund the Aggregate Amount (in this SUBSECTION (E), the "INITIAL FUNDING DATE") and (ii) shall be further permanently increased by an amount equal to ten percentage points (and the General Partner's GP Allocable
Appears in 1 contract
Allocation of Revenues. (a) All Except as provided in Section 3.3 and Section 3.6, all revenues of the Partnership (which shall not include Capital Contributions and loans to the Partnership) shall be allocated and credited to the Partners as follows:
(i) Insurance proceeds proceeds, to the extent not otherwise expended by the Partnership to preserve and protect Partnership property in the event of an accident or other occurrence or to pay Partnership liabilities or other obligations arising from an accident or other occurrence, shall be allocated among between the Partners in the same proportions manner as costs and expenses were allocated and charged hereunder at the time revenues from the sale of the accident or other occurrence giving rise property to which such insurance proceedsproceeds related would be allocated under this Section 4.2.
(ii) All revenues used to repay any principal, interest or other amounts owing with respect to any Partnership borrowings or indebtedness shall be allocated to the Partners in the same proportions as the costs and expenses paid with such borrowings or indebtedness were allocated to the Partners (and, with respect to any indebtedness to which any property acquired by the Partnership is subject at the time of its acquisition, in the same proportions as costs are allocated under Section 4.2 4.1(b) at the time such property is acquired by the Partnership).
(iii) After making the allocation provided for in Section 4.3(a)(ii4.2(a)(ii) and taking into account the revenues allocated therein, all additional revenues resulting from the sale or other disposition of depletable property Depletable Property (as defined in Section 4.4(b4.3(b)) shall be allocated to the Partners in the same percentages as the costs of the property sold were allocated, to the extent such revenues constitute a recovery of Simulated Basis of such propertyDepletable Property, to the Partners in the same percentages as the costs of the property sold were allocated up to an amount equal to each Partner's share of the Partnership's ’s Simulated Basis in such property at the time of such salesale or disposition. Thereafter, revenues resulting from any such sale or disposition shall be allocated to the Partners in a manner which will cause the aggregate of all revenues allocated to the Partners from such sale or disposition and all prior sales or other dispositions of depletable property (to the extent possible) to equal the amounts which would have been allocated under paragraph (iv) of this Section 4.3(a4.2(a)(v) in the absence of this paragraph (iiiSection 4.2(a)(iii).
(iv) Revenues attributable to any Hedging Transaction shall be allocated 100% to the Limited Partner.
(v) All other revenues of the Partnership not specifically allocated above shall be allocated 1% (A) to the General Partner in accordance with its GP Sharing Percentage and 99% (B) to the Limited PartnersPartner in accordance with its LP Sharing Percentage.
(b) All dry hole and bottom hole and similar contributions shall not be considered to be revenues hereunder but shall be applied to reduce the costs Capital Costs of the respective wellx xx xxxxx to which they relate.
Appears in 1 contract
Allocation of Revenues. (a) All revenues of the Partnership Company (which shall not include Capital Contributions and loans to the PartnershipCompany) shall be allocated and credited to the Partners Members as follows:
(i) Insurance proceeds shall be allocated among proceeds, to the Partners extent not otherwise expended by the Company to preserve and protect Company property in the same proportions as costs and expenses were allocated and charged hereunder at the time event of the an accident or other occurrence giving rise or to pay Company liabilities or other obligations arising from an accident or other occurrence, shall be allocated between the Members in the same manner as the revenues from the sale of the property to which such insurance proceedsproceeds related would be allocated under this Section 4.2.
(ii) All revenues used to repay any principal, interest or other amounts owing with respect to any Partnership Company borrowings or indebtedness shall be allocated to the Partners Members in the same proportions as the costs and expenses paid with such borrowings or indebtedness were allocated to the Partners Members (and, with respect to any indebtedness to which any property acquired by the Partnership Company is subject at the time of its acquisition, in the same proportions as costs are allocated under Section 4.2 4.1(b) at the time such property is acquired by the PartnershipCompany).
(iii) After making the allocation provided for in Section 4.3(a)(ii4.2(a)(ii) and taking into account the revenues allocated therein, all additional revenues resulting from the sale or other disposition of depletable property Depletable Property (as defined in Section 4.4(b4.3(b)) shall be allocated to the Members in the same percentages as the costs of the property sold were allocated, to the extent such revenues constitute a recovery of Simulated Basis of such propertyDepletable Property, to the Partners in the same percentages as the costs of the property sold were allocated up to an amount equal to each Partner's share of the PartnershipCompany's Simulated Basis in such property at the time of such salesale or disposition. Thereafter, revenues resulting from any such sale or disposition shall be allocated to the Partners Members in a manner which will cause the aggregate of all revenues allocated to the Partners Members from such sale or disposition and all prior sales or other dispositions of depletable property (to the extent possible) to equal the amounts which would have been allocated under paragraph (iv) of this Section 4.3(a4.2(a)(v) in the absence of this paragraph (iiiSection 4.2(a)(iii).
(iv) All other revenues of the Partnership Company not specifically allocated above shall be allocated 1pro rata in accordance with Units, i.e. 50% to the General Partner Class A Member and 9950% to the Limited PartnersClass B Member.
(b) All dry hole and bottom hole and similar contributions shall not be considered to be revenues hereunder but shall be applied to reduce the costs Capital Costs of the respective wellx xx xxxxx to which they relate.
Appears in 1 contract
Allocation of Revenues. (a) All Except as provided in Sections 3.3 and 3.6, all revenues of the Partnership (which shall not include Capital Contributions and loans to the Partnership) shall be allocated and credited to the Partners as follows:
(i) Insurance proceeds proceeds, to the extent not otherwise expended by the Partnership to preserve and protect Partnership property in the event of an accident or other occurrence or to pay Partnership liabilities or other obligations arising from an accident or other occurrence, shall be allocated among between the Partners in the same proportions manner as costs and expenses were allocated and charged hereunder at the time revenues from the sale of the accident or other occurrence giving rise property to which such insurance proceedsproceeds related would be allocated under this Section 4.2.
(ii) All revenues used to repay any principal, interest or other amounts owing with respect to any Partnership borrowings or indebtedness shall be allocated to the Partners in the same proportions as the costs and expenses paid with such borrowings or indebtedness were allocated to the Partners (and, with respect to any indebtedness to which any property acquired by the Partnership is subject at the time of its acquisition, in the same proportions as costs are allocated under Section 4.2 4.1(b) at the time such property is acquired by the Partnership).
(iii) After making the allocation provided for in Section 4.3(a)(ii4.2(a)(ii) and taking into account the revenues allocated therein, all additional revenues resulting from the sale or other disposition of depletable property Depletable Property (as defined in Section 4.4(b4.3(b)) shall be allocated to the Partners in the same percentages as the costs of the property sold were allocated, to the extent such revenues constitute a recovery of Simulated Basis of such propertyDepletable Property, to the Partners in the same percentages as the costs of the property sold were allocated up to an amount equal to each Partner's share of the Partnership's ’s Simulated Basis in such property at the time of such salesale or disposition. Thereafter, revenues resulting from any such sale or disposition shall be allocated to the Partners in a manner which will cause the aggregate of all revenues allocated to the Partners from such sale or disposition and all prior sales or other dispositions of depletable property (to the extent possible) to equal the amounts which would have been allocated under paragraph (iv) of this Section 4.3(a4.2(a)(iv) in the absence of this paragraph (iiiSection 4.2(a)(iii).
(iv) All other revenues of the Partnership not specifically allocated above shall be allocated 1% (A) to the General Partner in accordance with its GP Sharing Percentage and 99% (B) to the Limited PartnersPartner in accordance with its LP Sharing Percentage.
(b) All dry hole and bottom hole and similar contributions shall not be considered to be revenues hereunder but shall be applied to reduce the costs Capital Costs of the respective wellx xx xxxxx to which they relate.
Appears in 1 contract
Samples: Limited Partnership Agreement (BreitBurn Energy Partners L.P.)