Common use of Allocations of Net Profit and Net Loss Clause in Contracts

Allocations of Net Profit and Net Loss. A. Net Loss. Net Loss shall be allocated to the Members in -------- proportion to their Membership Interest. Notwithstanding the previous sentence, loss allocations to a Member shall be made only to the extent that such loss allocations will not create a deficit Capital Account balance for that Member in excess of an amount, if any, equal to such Member's share of Company Minimum Gain that would be realized on a foreclosure of the Company's property. Any loss not allocated to a Member because of the foregoing provision shall be allocated to the other Members (to the extent the other Members are not limited in respect of the allocation of losses under this Section 5.2A). Any loss reallocated under this Section 5.2A shall be taken into account in computing subsequent allocations of income and losses pursuant to this Article V, so that the net amount of any item so allocated and the income and losses allocated to each Member pursuant to this Article V, to the extent possible, shall be equal to the net amount that would have been allocated to each such Member pursuant to this Article V if no reallocation of losses had occurred under this Section 5.2A. Notwithstanding any other provision of this Agreement, Local Partner shall not be responsible for funding any portion, proration or allocation of any operating loss incurred by the Company beyond or exceeding its initial capital contribution. B. Net Profit. Net Profit shall be allocated to the Members in ---------- proportion to their Membership Interests.

Allocations of Net Profit and Net Loss. A. Net Loss. Net Loss shall be allocated first to Outback in an amount equal to Outback's positive Capital Account balance until such Capital Account balance has been reduced to zero, and then to the Members in -------- proportion to their Membership InterestPercentage Interests. Notwithstanding the previous sentence, loss allocations to a Member shall be made only to the extent that such loss allocations will not create a deficit Capital Account balance for that Member in excess of an amount, if any, equal to such Member's share of Company Minimum Gain that would be realized on a foreclosure of the Company's propertyGain. Any loss not allocated to a Member because of the foregoing provision shall be allocated to the other Members (to the extent the other Members are not limited in respect of the allocation of losses under this Section 5.2ASECTION 6.1A). Any loss reallocated under this Section 5.2A SECTION 6.1A shall be taken into account in computing subsequent allocations of income and losses pursuant to this Article VARTICLE VI, so that the net amount of any item so allocated and the income and losses allocated to each Member pursuant to this Article VARTICLE VI, to the extent possible, shall be equal to the net amount that would have been allocated to each such Member pursuant to this Article V ARTICLE VI if no reallocation of losses had occurred under this Section 5.2A. Notwithstanding any other provision of this Agreement, Local Partner shall not be responsible for funding any portion, proration or allocation of any operating loss incurred by the Company beyond or exceeding its initial capital contributionSECTION 6. B. Net Profit. Net Profit shall be allocated to the Members in ---------- proportion to their Membership Interests.

Allocations of Net Profit and Net Loss. A. 6.1.1 Except as otherwise provided in this Agreement, Net Loss. Profit and Net Loss of the Company for a Fiscal Year shall be allocated to the Members as follows: (a) Net Profit for each Fiscal Year shall be allocated as follows: (i) first, to the extent the Members have received allocations of Net Loss pursuant to Section 6.1.1(b)(iv), Net Profit shall be allocated to the Members to the extent of, and in proportion to, such Net Loss allocations; (ii) second, to the extent the Members have received allocations of Net Loss pursuant to Section 6.1.1(b)(ii), Net Profit shall be allocated to the Members to the extent of, and in proportion to, such Net Loss allocations; and (iii) thereafter, Net Profit shall be allocated to the Members in accordance with their Class B Percentage Interests. (b) Net Loss for each Fiscal Year shall be allocated as follows: (i) first, to the extent the Members have received allocations of Net Profit pursuant to Section 6.1.1(a)(iii), Net Loss shall be allocated to such Members to the extent of, and in proportion to, such Net Profit allocations; (ii) second, Net Loss shall be allocated to the Members in -------- proportion to their Membership Interest. Notwithstanding the previous sentence, loss allocations to a Member shall be made only to the extent that such loss allocations will not create a deficit Capital Account balance for that Member in excess of an amount, if any, equal to respective amounts by which each such Member's share of Company Minimum Gain that would be realized on a foreclosure of Adjusted Capital Account Balance exceeds the Company's property. Any loss not allocated to a Member because of the foregoing provision shall be allocated to the other Members (to the extent the other Members are not limited in respect of the allocation of losses under this Section 5.2A). Any loss reallocated under this Section 5.2A shall be taken into account in computing subsequent allocations of income and losses pursuant to this Article V, so that the net amount of any item so allocated and such Member's Unreturned Class A Preference Amount, until the income and losses allocated to Adjusted Capital Account Balance of each Member pursuant to this Article V, to the extent possible, shall be is equal to the net amount that would have been allocated to each such Member pursuant to this Article V if no reallocation of losses had occurred under this Section 5.2A. Notwithstanding any other provision of this Agreementits Unreturned Class A Preference Amount; (iii) third, Local Partner shall not be responsible for funding any portion, proration or allocation of any operating loss incurred by the Company beyond or exceeding its initial capital contribution. B. Net Profit. Net Profit Loss shall be allocated to the Members in ---------- proportion to the respective amounts by which each such Member's Adjusted Capital Account Balance exceeds $0, until the Adjusted Capital Account Balance of each Member is $0; and (iv) thereafter, Net Loss shall be allocated to the Members in accordance with their Membership Class B Percentage Interests. 6.1.2 To the extent an allocation of Net Loss pursuant to Section 6.1.1

Allocations of Net Profit and Net Loss. A. Net LossNET LOSS. Net Loss shall be allocated first to Outback in an amount equal to Outback's positive Capital Account balance, and then to the Members in -------- proportion to their Membership InterestPercentage Interests. Notwithstanding the previous sentence, loss allocations to a Member shall be made only to the extent that such loss allocations will not create a deficit Capital Account balance for that Member in excess of an amount, if any, equal to such Member's share of Company Minimum Gain that would be realized on a foreclosure of the Company's propertyGain. Any loss not allocated to a Member because of the foregoing provision shall be allocated to the other Members (to the extent the other Members are not limited in respect of the allocation of losses under this Section 5.2ASECTION 6.1A). Any loss reallocated under this Section 5.2A SECTION 6.1A shall be taken into account in computing subsequent allocations of income and losses pursuant to this Article VARTICLE VI, so that the net amount of any item so allocated and the income and losses allocated to each Member pursuant to this Article VARTICLE VI, to the extent possible, shall be equal to the net amount that would have been allocated to each such Member pursuant to this Article V ARTICLE VI if no reallocation of losses had occurred under this Section 5.2A. Notwithstanding any other provision of this Agreement, Local Partner shall not be responsible for funding any portion, proration or allocation of any operating loss incurred by the Company beyond or exceeding its initial capital contribution. B. Net Profit. Net Profit shall be allocated to the Members in ---------- proportion to their Membership Interests.SECTION 6.1A.

Allocations of Net Profit and Net Loss. A. Subject to Section 5.02, (a) Net Loss. Net Loss shall be allocated to the Members in -------- proportion to their Membership InterestPercentage Interests. Notwithstanding the previous sentence, loss allocations losses allocated to a Member shall not exceed the maximum amount of losses that can be made only allocated without causing a Member to the extent that such loss allocations will not create a deficit have an Adjusted Capital Account balance for Deficit at the end of any Fiscal Year. In the event that any Member in excess would have an Adjusted Capital Account Deficit as a consequence of an amountallocation of losses in proportion to Percentage Interests, if any, equal to such Member's share the amount of Company Minimum Gain losses that would be realized on a foreclosure of the Company's property. Any loss not allocated to a such Member because of the foregoing provision but for such allocation shall be allocated to the other Members (to the extent the that such allocations would not cause such other Members are not limited to have an Adjusted Capital Account Deficit and allocated among such other Members in respect of the proportion to their Percentage Interests. Any allocation of losses under items of loss pursuant to this Section 5.2A). Any loss reallocated under this Section 5.2A 5.01(a) shall be taken into account in computing subsequent allocations of income and losses pursuant to this Article V, and prior to any allocation of items in such Section so that the net amount of any item so allocated and the income and losses items allocated to each Member pursuant to this Article VV shall, to the maximum extent possiblepracticable, shall be equal to the net amount that would have been allocated to each such Member pursuant to this Article V if no reallocation of losses had occurred under this Section 5.2A. Notwithstanding any other provision of this Agreement, Local Partner shall not be responsible for funding any portion, proration or allocation of any operating loss incurred by the Company beyond or exceeding its initial capital contribution5.01(a). B. Net Profit. Net Profit shall be allocated to the Members in ---------- proportion to their Membership Interests.