Distribution of Net Cash Flow and Allocation of Profit and Loss from Operations A Sample Clauses

Distribution of Net Cash Flow and Allocation of Profit and Loss from Operations A. Net Cash Flow, if any, for each year shall be distributed and applied by the Fund in the following order of priority: (i) First, 99% to the Investors, .5% to the Development General Partner, and .5% to the Administrative General Partner, until each Investor has received an amount equal to his unpaid Preferred Return. (ii) Second, to repay any accrued but unpaid interest under the Cash Flow Deficit Guaranty Agreement and the Deferred Management Fee Loans.
Sample 1Sample 2Sample 3See All (5)
AutoNDA by SimpleDocs
Distribution of Net Cash Flow and Allocation of Profit and Loss from Operations A. Net Cash Flow, if any, for each year shall be distributed and applied by the Partnership in the following order of priority:
Sample 1Sample 2Sample 3
Distribution of Net Cash Flow and Allocation of Profit and Loss from Operations A. Net Cash Flow, if any, for each year shall be distributed and applied by the Partnership in the following order of priority: (i) First, 98% to the Unitholders, 1% to the Development General Partner, and 1% to the Administrative General Partner, until each Unitholder has received an amount equal to 10% of his Adjusted Capital Balance. (ii) Second, to Benchmark Communities, Inc. or Daniel P. Riedel to repay any advancex under the Cash Flow Deficit Guaranty Agreement. (iii) Third, 98% to the Unitholders, 1% to the Development General Partner and 1% to the Administrative General Partner. To the extent feasible, the General Partners will endeavor to distribute any Net Cash Flow on a quarterly basis. B. For each taxable year, Profit and Loss (other than Profit or Loss from a Sale) of the Partnership shall be allocated 98% to the Unitholders, 1% to the Administrative General Partner and 1% to the Development General Partner.
Sample 1Sample 2
Distribution of Net Cash Flow and Allocation of Profit and Loss from Operations A. Net Cash Flow shall be distributed 99% to the Investors and 1% to the General Partner. The General Partner will endeavor to distribute Net Cash Flow on a quarterly basis, within approximately sixty (60) days after the close of each calendar quarter. B. Profit and Loss from Operations for each fiscal year shall be allocated 99% to the Investors and 1% to the General Partner. C. For each fiscal year, all Profit and Loss allocated pursuant to Section 4.3B to the Investors shall be allocated among the Persons that are recognized as Investors during such year by determining the Profit and Loss attributable to each month during such year and by allocating the amount of such Profit and Loss among Persons who are recognized as Investors on the books of the Partnership on the first business day of such month. The Profit or Loss attributable to each month of the fiscal year shall be determined by dividing the Profit or Loss for such year by the number of days in such year, and then multiplying such per diem amount by the number of days in each month. D. All Net Cash Flow distributable to the Investors shall be distributed among the Persons recognized as Investors on the books of the Partnership on the first business day of the month in which the distribution occurs. E. Notwithstanding Sections 4.3C and 4.3D, the Partnership shall adopt the daily proration method of allocating Profit and Loss among persons who become Investors pursuant to a closing of the sale of the Units on or before the Termination Date of the Offering. Accordingly, each Investor shall be allocated Profit and Loss beginning on the date he is recognized on the books of the Partnership.
Sample 1Sample 2

Related to Distribution of Net Cash Flow and Allocation of Profit and Loss from Operations A

  • Allocation of Profit and Loss Article V, Section 5.01 of the Partnership Agreement is hereby deleted in its entirety and the following new Section 5.01 is inserted in its place:

  • Distribution of Net Cash Flow Net Cash Flow shall be distributed among the Partners in accordance with their Partnership Percentages at such times and in such amounts as shall be determined by the General Partner.

  • Definition of Profit and Loss “Profit” and “Loss” and any items of income, gain, expense, or loss referred to in this Agreement shall be determined in accordance with federal income tax accounting principles, as modified by Regulations Section 1.704-1(b)(2)(iv), except that Profit and Loss shall not include items of income, gain and expense that are specially allocated pursuant to Sections 5.1(b), 5.1(c) or 5.1(d). All allocations of income, Profit, gain, Loss and expense (and all items contained therein) for federal income tax purposes shall be identical to all allocations of such items set forth in this Section 5.1, except as otherwise required by Section 704(c) of the Code and Regulations Section 1.704-1(b)(4). The General Partner shall have the authority to elect the method to be used by the Partnership for allocating items of income, gain, and expense as required by Section 704(c) of the Code including a method that may result in a Partner receiving a disproportionately larger share of the Partnership tax depreciation deductions, and such election shall be binding on all Partners.

  • Allocation of Profits and Losses The Company’s profits and losses shall be allocated to the Member.

  • Allocation of Net Income and Net Loss Net Income or Net Loss of the Partnership shall be determined as of the end of each calendar year and as of the end of any interim period extending through the day immediately preceding any (i) disproportionate Capital Contribution, (ii) disproportionate distribution, (iii) Transfer of a Partnership Interest in accordance with the terms of this Agreement, or (iv) Withdrawal Event. If a calendar year includes an interim period, the determination of Net Income or Net Loss for the period extending through the last day of the calendar year shall include only that period of less than twelve (12) months occurring from the day immediately following the last day of the latest interim period during the calendar year and extending through the last day of the calendar year. For all purposes, including income tax purposes, Net Income, if any, of the Partnership for each calendar year or interim period shall be allocated among the Partners in proportion to their respective Partnership Percentages for the calendar year or interim period. In the event of a Net Loss for a particular calendar year or interim period, then, for such calendar year or interim period, the Net Loss for such calendar year or interim period shall be allocated among the Partners in proportion to their respective Partnership Percentages for the calendar year or interim period.

  • Allocation of Profit or Loss All Profit or Loss shall be allocated to the Member.

  • Allocations of Profit and Loss Whenever a proportionate part of the Company’s Profit and Loss is allocated to the Member, every item of income, gain, loss, deduction and credit entering into the computation of such Profit or Loss applicable to the period during which such Profit or Loss was realized shall be allocated to the Member.

  • Allocation of Revenues All revenues relating to the Designated Property shall be allocated as follows: (i) 100% to CWEI before Payout and (ii) 1% to CWEI and 99% to the Participants after Payout, apportioned among the Participants in proportion to the percentages listed on Exhibit A attached hereto.

  • Allocation of Profits Profits for any Year shall be allocated in the following order and priority:

  • Allocation of Charges There is not any agreement or understanding between the Servicer and the Borrower (other than as expressly set forth herein or as consented to by the Administrative Agent), providing for the allocation or sharing of obligations to make payments or otherwise in respect of any taxes, fees, assessments or other governmental charges; provided that it is understood and acknowledged that the Borrower will be consolidated with the Servicer for tax purposes.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!