Allocation to Reflect 9% Priority Return Clause Samples

Allocation to Reflect 9% Priority Return. For each Fiscal Year of the Company, before any allocations of Profits and Losses shall be made to the Members pursuant to Section 5.1 or Section 5.2, items of gross income and gain of the Company, as adjusted for purposes of this Section 5.3(j) in the manner described in subsections (a) through (e) of the definition of Profits and Losses, shall be allocated to Operating Company in an amount equal to the excess, if any, of (i) the cumulative amount of distributions received by Operating Company pursuant to Sections 4.1(a) and 4.1(b) (other than distributions that represent a return of capital), over (ii) the cumulative amount of gross income or gain allocated to Operating Company pursuant to this Section 5.3(j) for the current Fiscal Year and all prior Fiscal Years.