Allocations of Net Profit Sample Clauses

Allocations of Net Profit. The Net Profit of the Company attributable to the Company's investment in HF Holdings (or any Short-Term Investments related thereto) for any relevant fiscal period shall be allocated and credited to the Capital Accounts (or the appropriate Sub-Capital Accounts) of the Members as follows: (a) All income and gain recognized by the Company (and amounts so treated pursuant to Section 3.4 or 3.5) (i) as a result of the exercise, in whole or in part, of any Junior Management Option or the CS Option, (ii) as a result of the sale or other disposition of Released Shares or (iii) otherwise in respect of Option Shares or Released Shares (or Short-Term Investments related thereto), shall be allocated to the Members' Capital Accounts (and, if appropriate, Sub-Capital Accounts for the HF Holdings investment) pro rata in proportion to their HF Units. (In determining the extent to which shares of HF Holdings that are sold are Released Shares, the presumptions set forth above in Section 5.1.2 (a) shall apply.) (b) All income and gain recognized by the Company (or treated as recognized pursuant to Section 3.4 or 3.5) in respect of Free Shares (or Short-Term Investments related thereto) shall be allocated to the Members' Capital Accounts (and, if appropriate, Sub-Capital Accounts for the HF Holdings investment) as follows: (i) first, if losses and deductions have previously been allocated to the Members pursuant to Section 5.5.3(b)(ii), to the Members in proportion to the relative number of HF Units (regardless of Class) held by the Members, until the aggregate amount allocated pursuant to this clause (i) equals the aggregate amount of losses and deductions previously allocated pursuant to Section 5.5.3(b)(ii); and (ii) thereafter, (A) the balance of such income and gain multiplied by the Class A Percentage shall be allocated to the holders of HF Class A Units, in proportion to the relative number of HF Class A Units held by the holders of such Units, and (B) the balance of such income and gain multiplied by the Residual Percentage to all Members, in proportion to the relative number of HF Units (regardless of Class) held by the Members.

Allocations of Net Profit. The Net Profit of the Company for any relevant fiscal period shall be allocated and credited to the Capital Accounts of the Members as follows: (a) If the aggregate amounts previously charged to the Capital Account of any Member with respect to Net Losses and unrealized losses allocated under Section 4.3 exceed the aggregate amounts previously credited to the Capital Account of such Member with respect to Net Profit, income or gain allocated pursuant to Section 5.7.2, and unrealized gains allocated under Section 4.3, then Net Profit shall be allocated (i) first, in proportion to the deficit Capital Account balance of each Member with a deficit until all such deficits balances are eliminated and (ii) thereafter, successively to each Class A Member in proportion to such Member’s share of any remaining excess of such charges over credits in respect of such Member’s Class A Units until the excess is eliminated and then to each Class B Member in proportion to such Member’s share of any remaining excess of such charges over credits in respect of such Member’s Class B Units until the excess is eliminated; and (b) Thereafter, the balance of such Net Profit shall be allocated to the Class B Members pro rata in accordance with Percentage Interests.

Allocations of Net Profit. For purposes of maintaining Capital Accounts, except as otherwise provided in this Agreement, Net Profit for each taxable year (or portion thereof) shall be allocated to the Members as follows: (i) First, to the Members to reverse any allocations of Net Losses to the Members pursuant to Section 5.1(b)(iii) and Section 5.1(b)(ii) (in reverse order to the order in which such Net Losses were allocated to the Members) to the extent not previously reversed under this Section 5.1(a)(i); and (ii) Thereafter, to the Members holding Common Interests in proportion to their Percentage Interests.

Allocations of Net Profit. Except as otherwise provided herein, including Section 8.2 and Section 10.2 (relating to allocation true-ups), or in any Certificate of Designation, Net Profit for any Fiscal Year or any other period (as the Board may determine) will be allocated among the Members as follows: (i) First, to the holders of Series A Preferred Units until the aggregate amount allocated under this Section 8.1(a)(i) over the life of the Company equals the sum (at the time of the allocation) of (A) the Series A Preferred Return on the Series A Preferred Units owned by each such holder at the time of such allocation and (B) the aggregate amount of Net Loss previously allocated under Section 8.1(b)(ix) to each such holder. The allocation of Net Profit under this Section 8.1(a)(i) shall be made pro rata to the holders of Series A Preferred Units, based upon the sum of the amounts in (A) and (B) above with respect to each such holder; (ii) Second, to the holders of Series A Preferred Units in an amount equal to the amount of Net Loss previously allocated to the holders of Series A Preferred Units under Section 8.1(b)(viii) and not previously reversed by a Net Profit allocation under this Section 8.1(a)(ii). The allocation of Net Profit under this Section 8.1(a)(ii) shall be made pro rata to the holders of Series A Preferred Units, based upon the amount of Net Loss previously allocated to each such holder under Section 8.1(b)(viii) and not previously reversed under this Section 8.1(a)(ii); (iii) Third, to the holders of Common Investment Units until the aggregate amount allocated under this Section 8.1(a)(iii) over the life of the Company equals the sum (at the time of the allocation) of (A) the Yield on the Common Investment Units owned by each such holder at the time of such allocation and (B) the aggregate amount of Net Loss previously allocated under Section 8.1(b)(vii) to each such holder. The allocation of Net Profit under this Section 8.1(a)(iii) shall be made pro rata to the holders of Common Investment Units, based upon the sum of the amounts in (A) and (B) above with respect to each such holder; (iv) Fourth, to the holders of Common Investment Units in an amount equal to the amount of Net Loss previously allocated to the holders of Common Investment Units under Section 8.1(b)(vi) and not previously reversed by a Net Profit allocation under this Section 8.1(a)(iv). The allocation of Net Profit under this Section 8.1(a)(iv) shall be made pro rata to the holders of Common Inves...

Allocations of Net Profit. The Company's Net Profit for each Fiscal Year shall be allocated to the Members and Shareholders in the following manner and in the following order of priority: (a) To the Members and Shareholders in proportion to, and to the extent of, the amount by which zero exceeds the balances standing in their respective Capital Accounts as of the last day of such Fiscal Year, then (b) Any Net Profits in excess of the sum of the amounts allocated to the Members and Shareholders under Subsection 10.1(a) shall be allocated to the Members and Shareholders in proportion to their respective Shares in the Company.

Allocations of Net Profit. 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, the Net Profit for each Fiscal Year (or portion thereof) shall be allocated to the Partners as follows: (i) First, Net Profit shall be allocated to Paragon until Paragon shall have been allocated, with respect to the Series A Preferred Partnership Units and the Series B Preferred Partnership Units, Net Profit in an amount equal to the excess, if any, of (A) the aggregate Net Loss allocated to Paragon pursuant to Section 5.3(c)(ii) for all prior Fiscal Years over (B) the aggregate Net Profit allocated to them pursuant to this Section 5.3(b)(i) 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 to such excess amount calculated for each of them; (ii) Second, Net Profit shall be allocated to Paragon until Paragon shall have been allocated, with respect to the Series A Preferred Partnership Units and the Series B Preferred Partnership Units, Net Profit in an amount equal to the excess, if any, of (A) the cumulative Series A Priority Return and the cumulative Series B Priority Return, in each case accrued through the end of such Fiscal Year (or portion

Allocations of Net Profit. Except as otherwise provided in this Agreement, Net Profit for each Fiscal Year (or portion thereof) shall be allocated to all Members in proportion to their relative Percentage Interests.

Allocations of Net Profit. 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, the Net Profit for each Fiscal Year (or portion thereof) shall be allocated to the Partners as follows: (1) First, Net Profit shall be allocated to Paragon until Paragon shall have been allocated Net Profit in an amount equal to the excess, if any, of (A) the aggregate Net Loss allocated to Paragon pursuant to Section 5.3(c)(ii) for all prior Fiscal Years, over (B) the aggregate Net Profit allocated to Paragon pursuant to this Section 5.3(b)(i) for all prior Fiscal Years; (2) Second, Net Profit shall be allocated to Paragon until Paragon shall have been allocated Net Profit in an amount equal to the excess, if any, of (A) the cumulative Priority Return accrued through the end of such Fiscal Year (or portion thereof) over (B) the aggregate Net Profit allocated to Paragon pursuant to this Section 5.3(b)(ii) for all prior Fiscal Years; (3) Third, Net Profit shall be allocated to the Partners, in proportion to and to the extent of the amount required to be allocated pursuant to this Section 5.3(b)(iii), until each such Partner has been allocated Net Profit pursuant to this Section 5.3(b)(iii) in an amount equal to the excess of (y) such Partner's aggregate Maximum Income Amount for such Fiscal Year and all prior Fiscal Years, over (z) the aggregate Net Profit allocated to such Partner pursuant to this Section 5.3(b)(iii) for all prior Fiscal Years; and (4) Thereafter, Net Profit shall be allocated to the Partners in accordance with their Percentage Interests.

Allocations of Net Profit. For purposes of maintaining Capital Accounts, except as otherwise provided in this Agreement, Net Profit for each taxable year (or portion thereof) shall be allocated to the Members as follows:

Allocations of Net Profit. Except as otherwise provided in this Agreement, Net Profit for each Fiscal Year (or portion thereof) shall be allocated as follows: (1) first, to those Partners having deficit balances in their Capital Accounts to the extent of, and in proportion to, those deficits; and (2) second, to the Partners in accordance with their respective Percentage Interests.