Common use of Determination of Items Comprising Allocations Clause in Contracts

Determination of Items Comprising Allocations. (i) In the event that the Company has Net Income for a Fiscal Year, (A) for any Member as to whom the allocation pursuant to Section 4.3(a) would reduce its Capital Account, such allocation shall be comprised of a proportionate share of each of the Company’s items of expense or loss entering into the computation of Net Income for such Fiscal Year; and (B) the allocation pursuant to Section 4.3(a) in respect of each Member (other than a Member referred to in Section 4.3(b)(i)(A)) shall be comprised of a proportionate share of each Company item of income, gain, expense and loss entering into the computation of Net Income for such Fiscal Year (other than the portion of each Company item of expense and loss, if any, that is allocated pursuant to Section 4.3(b)(i)(A)). (ii) In the event that the Company has a Net Loss for a Fiscal Year, (A) for any Member as to whom the allocation pursuant to Section 4.3(a) would increase its Capital Account, such allocation shall be comprised of a proportionate share of the Company’s items of income and gain entering into the computation of Net Loss for such Fiscal Year; and

Appears in 2 contracts

Samples: Limited Liability Company Agreement (Darling Ingredients Inc.), Limited Liability Company Agreement (Darling Ingredients Inc.)

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Determination of Items Comprising Allocations. (i) In the event that If the Company has Net Income for a Fiscal Year, (A) for any Member as to whom the allocation pursuant to Section 4.3(a5.3(a) hereof would reduce its Capital Account, such allocation shall be comprised of a proportionate share of each of the Company’s items of expense or loss entering into the computation of Net Income for such Fiscal Year; and (B) the allocation pursuant to Section 4.3(a5.3(a) hereof in respect of each Member (other than a Member referred to in Section 4.3(b)(i)(A)5.3(b)(i)(A) hereof) shall be comprised of a proportionate share of each Company item of income, gain, expense and loss entering into the computation of Net Income for such Fiscal Year (other than the portion of each Company item of expense and loss, if any, that is allocated pursuant to Section 4.3(b)(i)(A)5.3(b)(i)(A) hereof). (ii) In the event that If the Company has a Net Loss for a Fiscal Year, (A) for any Member as to whom the allocation pursuant to Section 4.3(a5.3(a) hereof would increase its Capital Account, such allocation shall be comprised of a proportionate share of each of the Company’s items of income and gain entering into the computation of Net Loss for such Fiscal Year; and

Appears in 1 contract

Samples: Limited Liability Company Agreement (QR Energy, LP)

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Determination of Items Comprising Allocations. (i) In the event that the Company has Net Income for a Fiscal Year, (A) for any Member as to whom the allocation pursuant to Section 4.3(a) would reduce its Capital Account, such allocation shall be comprised of a proportionate share of each of the Company’s items of expense or loss entering into the computation of Net Income for such Fiscal Year; and (B) the allocation pursuant to Section 4.3(a) in respect of each Member (other than a Member referred to in Section 4.3(b)(i)(A)) shall be comprised of a proportionate share of each Company item of income, gain, expense and loss entering into the computation of Net Income for such Fiscal Year (other than the portion of each Company item of expense and loss, if any, that is allocated pursuant to Section 4.3(b)(i)(A)). (ii) In the event that the Company has a Net Loss for a Fiscal Year, , (A) for any Member as to whom the allocation pursuant to Section 4.3(a) would increase its Capital Account, such allocation shall be comprised of a proportionate share of the Company’s items of income and gain entering into the computation of Net Loss for such Fiscal Year; and (B) the allocation pursuant to Section 4.3(a) in respect of each Member (other than a Member referred to in Section 4.3(b)(ii)(A)) shall be comprised of a proportionate share of each Company item of income, gain, expense and loss entering into the computation of Net Loss for such Fiscal Year (other than the portion of each Company item of income and gain, if any, that is allocated pursuant to Section 4.3(b)(ii)(A)).

Appears in 1 contract

Samples: Limited Liability Company Agreement (Darling International Inc)

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