Allocations of Net Loss Sample Clauses

Allocations of Net Loss. Except as otherwise provided herein, Net Loss for any Partnership Year or other applicable period shall be allocated in the following order and priority: (i) First, with respect to classes of Partnership Interests that are not entitled to any preference in distribution or with respect to which distributions are not limited to any preference in distribution (other than the Class B Interest), pro rata to each such class in accordance with their Percentage Interests (and within such class, pro rata in proportion to the respective Percentage Interests as of the last day of the period for which such allocation is being made); provided that Net Loss shall not be allocated to any Partner pursuant to this subparagraph (b)(ii) to the extent that such allocation would cause such Partner to have an Adjusted Capital Account Deficit (or increase any existing Adjusted Capital Account Deficit) (determined in each case (i) by not including in the Partners’ Adjusted Capital Accounts any amount that a Partner is obligated to contribute to the Partnership with respect to any deficit in its Capital Account pursuant to Section 13.02, and (ii) in the case of a Partner who also holds classes of Partnership Units that are entitled to any preferences upon liquidation, by subtracting from such Partners’ Adjusted Capital Account the amount of such preferred distribution to be made upon liquidation) at the end of such Partnership Year or other applicable period; (ii) Second, with respect to the classes of Partnership Interests that are entitled to any preference upon liquidation, in reverse order of the priorities of each such class (and within each such class, pro rata in proportion to their respective Percentage Interests as of the last day of the period for which such allocation is being made; provided that Net Loss shall not be allocated to any Partner pursuant to this subparagraph (b)(ii) to the extent that such allocation would cause such Partner to have an Adjusted Capital Account Deficit (or increase any existing Adjusted Capital Account Deficit) (determined in each case by not including in the Partners’ Adjusted Capital Accounts any amount that a Partner is obligated to contribute to the Partnership with respect to any deficit in its Capital Account pursuant to Section 13.02) at the end of such Partnership Year or other applicable period; (iii) Third, to the General Partner in an amount equal to the excess of (a) the amount of the Partnership Recourse Liabilities over (b) th...

Allocations of Net Loss. Except as otherwise provided in Sections 5.3(d) and 5.3(e), after giving effect to the allocations provided in Sections 5.3(a), 5.5 and 5.8, Net Loss for each Fiscal Year (or portion thereof) shall be allocated as follows: (i) First, Net Loss for such Fiscal Year (or portion thereof) shall be allocated to the Partners in accordance with their Percentage Interests until TWE's and Advance/Newhxxxx'x Xxxital Accounts are reduced to the excess, if any, of the aggregate Net Profit allocated to such Partners pursuant to Section 5.3(b)(iii) for all prior Fiscal Years, over the aggregate Special Tax Amounts distributed to such Partners pursuant to Sections 5.1(a)(iii) and 5.1(b)(iii) for all prior Fiscal Years; (ii) Second, Net Loss for such Fiscal Year (or portion thereof) shall be allocated to Paragon with respect to the Series A Preferred Partnership Units and the Series B Preferred Partnership Units, until Paragon's Capital Account has been reduced to the excess, if any, of the aggregate Net Profit allocated to Paragon pursuant to Section 5.3(b)(iii) for all prior Fiscal Years, over the aggregate Special Tax Amounts distributed to pursuant to Sections 5.1(a)(iii) and 5.1(b)(iii) for all prior Fiscal Years, which allocation shall be divided among the Series A Preferred Partnership Units and the Series B Preferred Partnership Units held by Paragon, pari passu, in proportion the amount calculated with respect to each of them; and (iii) Thereafter, Net Loss for such Fiscal Year (or portion thereof) shall be allocated to the Partners in accordance with their Percentage Interests.

Allocations of Net Loss. (a) After all allocations have been made pursuant to Sections 4.4 through 4.8, Net Loss for any period shall be allocated as follows: (i) first, to the Members to the extent of and in proportion to the cumulative Net Income, if any, previously allocated to such Members pursuant to Section 4.2(e), reduced by any prior allocations of Net Loss to such Members pursuant to this Section 4.3(a)(i); (ii) second, to the Nonmanaging Members to the extent of and in proportion to the cumulative Net Income, if any, previously allocated to such Nonmanaging Members pursuant to Section 4.2(d), reduced by any prior allocations of Net Loss to such Nonmanaging Members pursuant to this Section 4.3(a)(ii); (iii) third, to the Members to the extent of and in proportion to the cumulative Net Income, if any, previously allocated to such Members pursuant to Section 4.2(c), reduced by any prior allocations of Net Loss pursuant to this Section 4.3(a)(iii); and (iv) thereafter, to the Members in accordance with their respective Capital Contributions. (b) Notwithstanding any other provision of this Section 4.3, Net Loss shall not be allocated to a Member to the extent such allocation would create or increase a deficit in such Member s Adjusted Capital Account Balance, but shall instead be allocated as follows: (i) first, to those Members, if any, with positive Adjusted Capital Account Balances, to the extent of and in proportion to such positive balances, until the Adjusted Capital Account Balance of each Member has been reduced to zero (0); and (ii) thereafter, to the Managing Member.

Allocations of Net Loss. The Net Loss of the Company for any relevant fiscal period shall be allocated and charged to the Capital Accounts of the Members as follows: (a) The Net Loss shall be allocated first to the Class B Members in proportion to and to the extent of Net Profit allocated to such Members in respect of their Class B Units under Section 5.6.2 and not yet reversed; (b) Next, any remaining Net Loss shall be allocated to the Class B Members and Class C Members in proportion to and to the extent of the portion of the positive balances in their Capital Accounts attributable to their Class B and Class C Units; (c) Next, any remaining Net Loss shall be allocated among the Class A Members pro rata in proportion to and to the extent of the portion of the positive balances in their Capital Accounts attributable to their Class A Units; and (d) Any remaining Net Loss shall be allocated among the Class B Members pro rata in accordance with Percentage Interests.

Allocations of Net Loss. As of the last day of each period for which Net Loss is determined, with the Partner’s allocation, in accordance with this Agreement, of Net Loss and other items in the nature of a loss or expenditure, if any.

Allocations of Net Loss. Subject to Sections 5.1(c) and 5.1(d) hereof, Net Loss for each Company Year or other accounting period shall be allocated among the Members as follows: (i) First, to the Class B Members in the ratio and to the extent of their respective positive Capital Account balances (determined, with respect to any Class B Member who also holds Class A Units, without reference to any portion of such Member’s Capital Account balance attributable the Class A Preference Amount of his or its Class A Units). (ii) Next, to the Class A Member(s) in the ratio and to the extent of their respective positive Capital Account balances. (iii) Thereafter, to the Class B Members in accordance with their Percentage Interests.

Allocations of Net Loss. Net Loss for each Company Year shall be allocated as follows: (a) First, to the Members in the ratio of their respective Percentage Interests to the extent of their respective positive Capital Account balances. (b) Second, to the Members in the ratio and to the extent of their respective then outstanding Member Loans (if any). (c) Thereafter, to the Members in the ratio of their respective Percentage Interests.

Allocations of Net Loss. Net Loss for each taxable year (or portion ----------------------- thereof) shall be allocated to the Members as follows: (i) First, to the Members in proportion to their Percentage Interests; provided, however, that no allocation pursuant to this Section 5.1(b)(i) shall reduce a Member's Adjusted Capital Account balance below zero; (ii) Second, to the Members in proportion to their positive Adjusted Capital Account balances until each Member's Adjusted Capital Account balance is at zero; and (iii) Thereafter, to all Members in proportion to their Percentage Interests.

Allocations of Net Loss. After giving effect to the special allocations set forth in Sections 6.4 and 6.5, Net Loss (excluding the sale of all or substantially all of the Company’s assets or the liquidation of the Company) for any Fiscal Year, including the full 2013 Fiscal Year, shall be allocated for Tax purposes and accounting purposes among the Members, first, in accordance with positive Capital Account balances to the extent thereof, and the balance, to the Members in accordance with their Percentage Interests (in the manner that Net Income is allocated under Section 6.3(a)(ii)).

Allocations of Net Loss. Except as otherwise provided in this Section 5.01 or in Section 5.06, Net Loss, if any, and, to the extent necessary, individual items of loss or deduction, of the Partnership, without duplication, for each fiscal year shall be allocated: (i) first, to the General Partner (on account of any OP Units, Class C Units or other Partnership Interests it may hold) and the Partners holding OP Units in proportion to their respective Percentage Interests, until the Capital Account balances of the General Partner and the Partners holding OP Units have been reduced to zero; (ii) second, to the Limited Partners holding Class C Units, until the Capital Account balances of such Partners have been reduced to zero; and (iii) thereafter, to the General Partner.