Allocations of Net Profits and Losses. Subject to the provisions of this Article, the Net Profits and losses of the Venture (including any net "book" gains of the Venture resulting from a Capital Event) shall be allocated to the Venturers in the following priority:
Allocations of Net Profits and Losses. (a) After giving effect to the regulatory allocations set forth in section 4 (Regulatory Allocations), Net Profits for any fiscal year or other relevant period shall be allocated as follows:
(i) first, Net Profits shall be allocated among the Unitholders in proportion to, and until the cumulative amount of Net Profits allocated to each Unitholder for the current and all prior fiscal years or other relevant periods under this paragraph equals, the cumulative amount of Net Losses allocated to each Unitholder for all prior fiscal years or other relevant periods under Section 3(b)(vi);
(ii) second, Net Profits shall be allocated among the Unitholders in proportion to, and until the cumulative amount of Net Profits allocated to each Unitholder for the current and all prior fiscal years or other relevant periods under this paragraph equals, the cumulative amount of Net Losses allocated to each Unitholder for all prior fiscal years or other relevant periods under Section 3(b)(v);
(iii) third, Net Profits shall be allocated among the Unitholders in proportion to, and until the cumulative amount of Net Profits allocated to each Unitholder for the current and all prior fiscal years or other relevant periods under this paragraph equals, the cumulative amount of Net Losses allocated to each Unitholder for all prior fiscal years or other relevant periods under Section 3(b)(iv);
(iv) fourth, Net Profits shall be allocated among those Unitholders holding CPECs in proportion to, and until the cumulative amount of Net Profits allocated to each such Unitholder for the current and all prior fiscal years or other relevant periods under this paragraph equals, the sum of (x) the cumulative amount of Fixed Yield that has accrued on such Unitholder’s CPECs for the current and all prior fiscal years or other relevant periods, plus (y) the cumulative amount of Net Losses allocated to such Unitholder for all prior fiscal years or other relevant periods under Section 3(b)(iii);
(v) fifth, Net Profits shall be allocated among those Unitholders holding CPECs in proportion to, and until the cumulative amount of Net Profits allocated to each such Unitholder for the current and all prior fiscal years or other relevant periods under this paragraph equals, the sum of (x) the cumulative amount of Variable Yield that has accrued on such Unitholder’s CPECs for the current and all prior fiscal years or other relevant periods, plus (y) the cumulative amount of Net Losses allocated to such Unitho...
Allocations of Net Profits and Losses. For purposes of this Agreement, Net Profits shall be defined as Gross Profits received from the sale of PPE projects less Cost of Goods.
Allocations of Net Profits and Losses. Except as otherwise provided in this Section 6.3:
(1) Net Profits (and items thereof) for any fiscal period shall be allocated to the Members in proportion to their respective Sharing Ratios.
(2) Net Losses (and items thereof) for any fiscal period shall be allocated to the Members in proportion to their respective Sharing Ratios.
Allocations of Net Profits and Losses. Subject to the provisions of this Article, the Net Profits and losses of the Venture (including any net "book" gains of the Venture resulting from a Capital Event) shall be allocated to the Venturers in the following priority:
A. NET PROFITS:
(1) First, to those Venturers with negative Capital Accounts, between them in proportion to the ratio of their negative Capital Account balances, until no Venturer has a negative Capital Account.
(2) Thereafter, to the Venturers, pro-rata, based on their respective Venture interests as set forth in Section 5.2 hereof.
B. NET LOSSES:
(1) Subject to the provisions of this Article VI, Net Losses of the Venture (including any net "book" loss of the Venture resulting from a Capital Event) shall be allocated to the Venturers, pro rata, based upon their respective Venture interests as set forth herein. C DISTRIBUTIONS. Distributable Cash of the Venture shall be distributed to the Venturers, pro rata, based on their respective Venture interests as set forth herein.
Allocations of Net Profits and Losses. Profits and losses for any Allocation Year shall be allocated to the Members in proportion to their Percentage Interests.
Allocations of Net Profits and Losses. Subject to the provisions of this section, the Net Profits and losses of the Venture (including any net "book" gains of the Venture resulting from a Capital Event) shall be allocated to the Venturers in the following priority:
A. NET PROFITS:
(1) First, to those Venturers with negative Capital Accounts, between them in proportion to the ratio of their negative Capital Account balances, until no Venturer has a negative Capital Account.
(2) Thereafter, to the Venturers, pro rata, based on their respective Venture interests as set forth in Section 5.2 hereof.
Allocations of Net Profits and Losses. 10.1 Allocations Under Code Section 704(c). Built-In Gains and Built-In Losses shall be allocated to the contributing Member according to the principles of section 704(c) of the Code. If a Member transfers all or part of the Member’s Interest, then a ratable portion of the Built-in Gains or Built-in Losses otherwise allocable to the Member shall be allocated to the Transferee of the Membership Interest.
Allocations of Net Profits and Losses. 4.1.1 Except as provided in this Section 4.1 and Section 4.2, all income, loss, deductions and credits, and each and every item thereof, of the Company shall be allocated among the Members in a manner such that the Capital Account balance of each Member, immediately after making such allocations, is, as nearly as possible, equal to (i) the distributions that would be made to such Member pursuant to Section 9.1 if the Company were dissolved, its affairs wound up and its assets sold for cash equal to their book value, all Company liabilities were satisfied (limited with respect to each nonrecourse liability (within the meaning of Treasury Regulations Section 1.704-2(b)(3) to the book value of the assets securing such liability), and the net assets of the Company were distributed, in accordance with Section 9.4, to the Members immediately after making such allocations, minus (ii) such Member’s share of partnership minimum gain or partner nonrecourse debt minimum gain (within the meaning of Treasury Regulations Section 1.704-2), computed immediately prior to the hypothetical sale of assets.
4.1.2 Notwithstanding Section 4.1(a), no allocation of Net Loss shall be made to a Member if it would cause the Member to have a negative balance in its Adjusted Capital Account. Allocations of Net Loss that would be made to a Member but for this Section 4.1(b) shall instead be made to other Members pursuant to Section 4.1(a) to the extent not inconsistent with this Section 4.1(b). To the extent allocations of Net Loss cannot be made to any Member because of this Section 4.1(b), such allocations shall be made to the Members in proportion to their respective Capital Contributions.
Allocations of Net Profits and Losses. Section 9.1. Allocations of Net Profit and Net Loss. Net Profit or Net Loss for any fiscal year of the Company shall be allocated among the Members as follows:
(a) Net Profits shall be allocated to the Members in proportion to their Percentage Interests.
(b) Net Losses shall be allocated to the Members in proportion to their Percentage Interests; provided, however, that the Net Loss allocated to each Member for any Company fiscal year pursuant hereof shall not exceed the maximum amount of Net Loss that may be so allocated without causing such Member to have a Deficit Capital Account at the end of the fiscal year. All Net Losses in excess of the limitation set forth in this Section 9.1(b) shall be allocated to the other Members who do not have Deficit Capital Accounts in proportion to their respective Percentage Interests.
