Allocations Causing Negative Capital Accounts. Notwithstanding Section 9.2, to the extent that any allocation of Net Loss to a Shareholder would reduce such Shareholder's Capital Account balance (determined after taking into account all prior distributions and all prior allocations of Net Income and Net Loss) below zero or would increase the negative balance in such Shareholder's Capital Account at a time when another Shareholder has a positive Capital Account balance, such Net Loss shall instead be allocated pro rata to Shareholders having positive Capital Account balances in proportion to their respective positive Capital Account balances until such Capital Account balances are reduced to zero, provided, however, that in no event shall there be a reallocation of any item of income, gain, loss or deduction allocated among the Shareholders pursuant to this Trust Agreement for prior years. If the provisions of this Section 9.5 prohibit the allocation of any portion of Net Loss to every Shareholder, such portion of the Net Loss shall instead be allocated to the Manager. For purposes of determining a Shareholder's Capital Account balance under this Section 9.5, Distributions made prior to or contemporaneous with any allocation to a Shareholder shall be reflected in such Shareholder's Capital Account prior to making such allocation to such Shareholder. For purposes of this Section 9.5, a Shareholder's Capital Account shall be reduced for:
Allocations Causing Negative Capital Accounts. Notwithstanding Section 11.1.1, if any allocation of Net Loss and/or depreciation to a Limited Partner would cause the negative balance of such Limited Partner's capital account (determined after taking into account all prior Distributions and all prior allocations of Net Income, Net Loss, depreciation and the basis of property qualifying for any tax credit) to exceed such Limited Partner's share (such share defined as the aggregate non-recourse deductions of the Partnership allocated to his Units plus his share of any net increase in Partnership minimum gain allocable to his Units which is not attributable to items of loss, deduction or Section 705(a)(2)(B) expenditures of the Partnership, minus his share of any net decease in Partnership minimum gain allocable to his Units) of the Partnership's "minimum gain" (as hereinafter defined), as determined at the close of the period in respect of which the Net Loss or depreciation, as the case may be, is to be allocated, such Net Loss or depreciation shall instead be allocated (a) in the case of Net Loss, pro rata to Limited Partners having positive capital account balances in proportion to their Respective positive capital account balances until such capital account balances are reduced to zero, and (b) in the case of depreciation (i) first, pro rata to Taxable Limited Partners to the extent of and in proportion to their respective positive capital account balances, and (ii) thereafter, pro rata to all Limited Partners having positive capital account balances to the extent of and in proportion to their respective capital account balances; provided, however, that in no event shall there be a reallocation of any item of income, gain, loss or deduction allocated among the Partners pursuant to this Agreement for prior years. The term "minimum gain" shall have the meaning ascribed to such term under Treas. Reg. Sections 1.704-1(b)(4)(iv)(f). If the provisions of this Section 11.1.3 prohibit the allocation of any portion of the Net Loss or depreciation to every Limited Partner, such portion of the Net Loss and/or depreciation shall instead be allocated to the General Partners. For purposes of determining a Limited Partner's capital account balance under this Section 11.1.3 or Section 11.4.3, Distributions made prior to or contemporaneous with any allocation to a Limited Partner shall be reflected in such Partner's capital account prior to making such allocation to such Partner. For purposes of this Section 11.1.3 and...
Allocations Causing Negative Capital Accounts. Notwithstanding Section 10.1, if the capital accounts of all Limited Partners are not equal on a per Unit basis and if any Notwithstanding any other provision of this Section 10, if any allocation of Net Loss would cause the negative capital account balances of all Partners having negative capital accounts (determined after taking into account all distributions and all tax allocations theretofore made) to exceed the Partnership's minimum gain determined at the close of the period in respect of which such Net Loss is to be allocated, then to the extent that any such allocation would cause the capital account balance of any Limited Partner to be negative (or would increase the negative balance of a Limited Partner's capital account) at a time when no other Limited Partner has a positive capital account balance, such Net Loss shall instead be allocated to the General Partner. For purposes of determining a capital account balance of a Partner under this Section 10.2, Distributions made prior to or contemporaneous with any allocation of Net Income or Net Loss to a Partner shall be reflected in such Partner's capital account prior to making such allocation to such Partner. The term "minimum gain" shall have the meaning ascribed to such term under Treasury Regulations as proposed, reproposed or adopted (as the case may be) under Code Section 704 (currently, the excess of the outstanding principal balance of Partnership indebtedness over the adjusted basis of the assets securing such indebtedness). For purposes of this Section 10.2, the capital account balance of each Partner shall be reduced for:
