Distributions Profits and Losses Sample Clauses

Distributions Profits and Losses. 17 4.1 Distributions..................................................................................17 4.2 Allocation of Profits and Losses...............................................................17
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Distributions Profits and Losses. 14 4.1 Distributions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 4.2 Allocation of Profits and Losses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
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Distributions Profits and Losses. 7 4.1 Distributions................................................ 7 4.2 Allocations of Partnership Profits and Losses................ 8 4.3
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Distributions Profits and Losses. All distributions, profits and losses of the Company shall be allocated to the Members pro rata in proportion to their capital commitments as set forth above (which is intended to reflect the Economic Contribution of each of the parties as defined in the Interim Investors Agreement); provided, however, that notwithstanding the foregoing, the Company shall reimburse each of the Members for those costs and expenses actually incurred by them for the benefit of the Company in accordance with Section 4 of the Interim Investors Agreement (it being understood and agreed that all of the costs and expenses contemplated by Section 4 of the Interim Investors Agreement were incurred for the benefit of the Company); provided, further, however, that any such costs that are so reimbursed shall be treated as costs off the Company.
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Distributions Profits and Losses. 1. The Joint Venture shall distribute to the Venturers quarterly within thirty (30) days after the close of each fiscal quarter, an amount equal to the Joint Venture's net cash flow (I.E., cash receipts less cash expenses) as of the end of such fiscal quarter, subject to reserves set forth in the Budget. Net cash flow distributions shall be distributed to the Venturers in accordance with their respective Percentage Interests except that (i) to the extent there is a Building Owner Member credit pursuant to SECTION 5(B)(II)(5) above, prior to either Venturer receiving any distributions which it would otherwise be entitled to receive under this SECTION 7, such distributions shall first be paid to Building Owner Member until such time as 100% of such credit has been paid in full to Building Owner Member, (ii) to the extent there is a Joint Venture credit pursuant to SECTION 5(b)(ii)(5) as a result of payments with respect to Continuing Leases made after the Option Effective Date, prior to Building Owner Member receiving any distributions which it would otherwise be entitled to receive under this SECTION 7, such distributions otherwise payable to Building Owner Member hereunder shall first be paid to Land Owner until such time as 50% of such credit has been paid in full to Land Owner and (iii) to the extent Land Owner is entitled to a credit pursuant to Section 11(d)(vii)(C) of the Agreement as a result of any Contract Excess with respect to any Incomplete Shared Capital Improvement, prior to Building Owner Member receiving any distributions which it would otherwise be entitled to receive under this SECTION 7, such distributions shall first be paid to Land Owner until such time as such credit has been paid in full. Net proceeds resulting from sales, financings, Joint Venture liquidation and other extraordinary events shall be distributed to the Venturers in accordance with their respective Percentage Interests, except that (i) to the extent there is a Building Owner Member credit pursuant to SECTION 5(B)(II)(5), prior to either Venturer receiving any distributions which it would otherwise be entitled to receive under this SECTION 7, such distributions shall first be paid to Building Owner Member until such time as 100% of such credit has been paid in full to Building Owner Member, (ii) to the extent there is a Joint Venture credit pursuant to SECTION 5(B)(II)(5) hereof as a result of payments with respect to Continuing Leases made after the Option Effective Dat...
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Distributions Profits and Losses a. As between the parties hereto, all distributions of available cash shall be made:
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Distributions Profits and Losses 
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Related to Distributions Profits and Losses

  • Profits and Losses Distributions Until the admission of additional Members, the Original Member shall be entitled to all allocations of LLC profits and losses and to allocations of distributions.

  • Profits and Losses For financial accounting and tax purposes, the Company’s net profits or net losses shall be determined on an annual basis in accordance with the manner determined by the Board. In each year, profits and losses shall be allocated entirely to the Member.

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

  • Allocations of Profits and Losses Except as otherwise provided in this Agreement, Profits and Losses (and, to the extent necessary, individual items of income, gain or loss or deduction of the Partnership) shall be allocated in a manner such that the Capital Account of each Partner after giving effect to the Special Allocations set forth in Section 5.05 is, as nearly as possible, equal (proportionately) to (i) the distributions that would be made pursuant to Article IV if the Partnership were dissolved, its affairs wound up and its assets sold for cash equal to their Carrying Value, all Partnership liabilities were satisfied (limited with respect to each non-recourse liability to the Carrying Value of the assets securing such liability) and the net assets of the Partnership were distributed to the Partners pursuant to this Agreement, minus (ii) such Partner’s share of Partnership Minimum Gain and Partner Nonrecourse Debt Minimum Gain, computed immediately prior to the hypothetical sale of assets. For purposes of this Article V, each Unvested Unit shall be treated as a Vested Unit. Notwithstanding the foregoing, the General Partner shall make such adjustments to Capital Accounts as it determines in its sole discretion to be appropriate to ensure allocations are made in accordance with a partner’s interest in the Partnership.

  • Net Losses After giving effect to the special allocations set forth in Section 6.1(d), Net Losses for each taxable period and all items of income, gain, loss and deduction taken into account in computing Net Losses for such taxable period shall be allocated as follows:

  • Allocation of Net Profits and Net Losses As of the last day of each Fiscal Period, any Net Profits or Net Losses for the Fiscal Period shall be allocated among and credited to or debited against the Capital Accounts of the Members in accordance with their respective Investment Percentages for such Fiscal Period.

  • Allocations of Net Profits and Net Losses Except as otherwise set forth herein, Net Profits and Net Losses shall be allocated for each Fiscal Year to the Members in proportion to their respective Capital Accounts.

  • Distributions and Allocations All distributions of cash or other property (except upon the Company's dissolution, which shall be governed by the applicable provisions of the Act and Article IX hereof) and all allocations of income, profits, and loss shall be made 100% to the Member in accordance with its Membership Interest. All amounts withheld pursuant to the Code or any provisions of state or local tax law with respect to any payment or distribution to the Member from the Company shall be treated as amounts distributed to the Member pursuant to this Section 7.3. Notwithstanding any provision to the contrary contained in this Agreement, the Company shall not be required to make a distribution to the Member on account of its interest in the Company if such distribution would violate Section 18-607 of the Act or any other applicable law.

  • Participation in Profits and Losses All profits and losses of the Company will be allocated to the Member.

  • Tax Distributions Tax distributions shall be made not less often than quarterly to each Member at the times (other than at the time of a Terminating Capital Event) necessary to provide the Members with sufficient minimum cash distributions to pay an amount equal to their quarterly estimated (and final annual) tax liabilities for all taxable periods directly related to taxable income (in excess of losses allocated to such Member for all prior periods) reportable by such Member as set forth on U.S. Schedule K-1 with respect to such Member’s interest in the LLC (including with respect to any year in which such Member sold its interest, whether during or after employment); provided, however, that each of the foregoing amounts shall be determined, in the case of a Member that is itself a pass-through entity, as if the equity owners of such Member were themselves Members of the LLC; and, provided, further, that the amount of such distributions shall be computed assuming the highest combined federal and state individual income tax rate in Texas and assuming (unless federal tax law is amended to provide otherwise) state taxes are deductible federally (such distributions, “Tax Distributions”) and shall take into account any amounts withheld and remitted to any tax authority by the LLC pursuant to any Withholding Tax Act as described in Section 7(k). Tax Distributions shall also be made within 30 days after the receipt of a final assessment with respect to any federal or state income tax audit of the LLC’s income tax returns. Tax Distributions shall be treated as advances of distributions that would otherwise be made in the absence of provisions of this Section 6(c), and distributions made pursuant to Section 6(a) shall be taken into account in determining the amount to be distributed pursuant hereto. If, following the end of any Fiscal Year, the LLC determines that it has made Tax Distributions to a Member that exceed the amount of distributions that would otherwise have been made to such Member with respect to such Fiscal Year in the absence of this Section 6(c), the LLC shall be authorized to recover such excess amount by reducing future distributions to such Member; provided, however, that the LLC shall retain the right, exercisable in its discretion, to recover any unpaid portion of such excess amount directly from such Member (or former Member). For the avoidance of doubt, it is the meaning and intention of this Section 6(c) that Tax Distributions shall fully and timely fund the federal and state income tax liability attributable to any taxable income (in excess of losses allocated to a Member for all prior periods) reportable by a Member as set forth on U.S. Schedule K-1 with respect to such Member’s LLC Interest (or, if such Member is itself a pass-through entity, the equity owners thereof), and, to the extent that Tax Distributions do not fully achieve this result, the LLC shall use reasonable efforts to accelerate or increase Tax Distributions accordingly, including, if reasonably practicable, following the occurrence of a Terminating Capital Event if the timing of the winding up and dissolution of the LLC following such Terminating Capital Event is such that income tax liability on amounts to be distributed on account thereof must be paid by the Members in the interim, and provided, however, that it shall not be deemed reasonable for the LLC to accelerate or increase Tax Distributions in the event that doing so would result in the LLC’s failing to have reasonable working capital reserves or would cause the LLC not to be in compliance with regulatory requirements, although in any such event the LLC would use reasonable efforts to borrow the funds necessary to accelerate or increase such Tax Distributions so as to fully and timely fund the federal and state income tax liabilities of the Members (or the equity owners of Members that are themselves pass-through entities).

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