Allocations of Profits and Losses from Operations. (a) Except as may be otherwise required by Section 704(c) of the Code, the Net Losses and the Net Profits of the Company for each Fiscal Year shall be allocated among the Members pro rata, based upon the respective number of Units held by the Members. Any credit available for income tax purposes shall also be allocated among the Members pro rata, based upon the respective number of Units held by the Members.
(b) Notwithstanding subparagraph (a) immediately above, no loss shall be allocated to a Member if such allocation would cause such Member's Adjusted Capital Account to become negative or to increase the negative balance thereof.
(1) In the event any Member unexpectedly receives any adjustments, allocations or distributions described in Section 1.704-1(b)(2)(ii)(d)(4), (5) or (6) of the Treasury Regulations, items of Company income and gain shall be specially allocated to each such Member in an amount and manner sufficient to eliminate, to the extent required by the Treasury Regulations, the deficit balance of the Adjusted Capital Account of such Member as quickly as possible, provided that an allocation pursuant to this subparagraph (c)(1) shall only be made if and to the extent such Member would have a deficit balance in the Member's Adjusted Capital Account after all other allocations provided for in this Section 8.1 have been made as if this subparagraph (c)(1) were not in this Agreement.
(2) In the event any Member has a deficit Capital Account at the end of any Fiscal Year which is in excess of the sum of (i) the amount such Member is obligated to restore pursuant to any provision of this Agreement, if any, and (ii) the amount such Member is deemed to be obligated to restore pursuant to the penultimate sentences of subparagraphs 1.704-2(g)(1) and 1.704-2(i)(5) of the Treasury Regulations, each such Member shall be specially allocated items of Company income and gain in the amount of such excess as quickly as possible, provided that an allocation pursuant to this subparagraph (c)(2) shall be made only if and to the extent that such Member would have a deficit Capital Account in excess of such sum after all other allocations provided for in this Section 8.1 have been made as if subparagraph (c)(1) immediately above and this subparagraph (c)
Allocations of Profits and Losses from Operations. The Net Profits and Net Losses of the Company for each fiscal year will be allocated in proportion to the Capital Accounts of the Members.
Allocations of Profits and Losses from Operations. Subject to Section 8.1(b) and 8.2 the Net Profits and Net Losses of the Company for each Fiscal Year shall be allocated to the Members in proportion to their respective Membership Interests.
Allocations of Profits and Losses from Operations. Except as provided in Sections 9.2, 9.3 and 9.4 of this Agreement, the Profits and Losses for each Fiscal Year shall be allocated among the Members in accordance with their respective Sharing Ratios.
Allocations of Profits and Losses from Operations. The Net Profits and Net Losses of the Company for each fiscal year will be allocated as follows: Member Allocation ------ ---------- HARNISCHFEGER CORPORATION 100%
Allocations of Profits and Losses from Operations. (a) Profits and losses shall be allocated each fiscal year according to the number of percentage of Membership Interest owned, as reflected in the records of the Company.
(b) For any Membership Interest not owned by the same person for the entire fiscal year the allocation shall be prorated.
(c) The Company shall not recognize any assignment of a Member's right to share in profits and losses.
Allocations of Profits and Losses from Operations. Net profits and net losses shall be allocated among the Members ratably in proportion to their respective Common Interest Percentages. Notwithstanding the foregoing, in the event that there are two or more Members of the Company, no item of loss or deduction of the Company shall be allocated to a Member if such allocation would result in a negative balance in such Member’s capital account. Such loss or deduction shall be allocated first among the Members with positive balances in their capital accounts in proportion to (and to the extent of) such positive balances and thereafter to Members in accordance with their Common Interest Percentage as determined under Section 1.704-1(b)(3) of the Treasury Regulations.
Allocations of Profits and Losses from Operations. Except as otherwise provided in Section 9.02(f) hereot: all items of income, gain, loss, deduction and credit, whether resulting from the Company's operations or in connection with its dissolution, shall be allocated to the Members for federal, state and local income tax purposes in proportion to their respective Membership Interests.
Allocations of Profits and Losses from Operations. The Net Profits and Net Losses of the Company for each fiscal year will be allocated pro rata in accordance with the number of units of Common Units owned by each Member or Economic Interest Owner.
Allocations of Profits and Losses from Operations. The net profits (“Profits”) and net losses (“Losses”) of the Company for each fiscal year shall be first allocated entirely to a general profit account, with respect to Profits, and a general loss account, with respect to Losses. Upon the resolution of the Board of Directors, Profits and Losses shall be allocated, subject to the other provisions of this Article VIII, among the Stockholders in proportion to their respective stockholdings in the Company. Subject to the other provisions of this Article VIII, such allocations to a Stockholder of Profits or Losses shall be treated as an allocation of the same share of each item of income, gain, loss, deduction or credit that is taken into account in computing net profits or net losses.
