Common use of FORFEITURE ALLOCATION Clause in Contracts

FORFEITURE ALLOCATION. In the event that the Units of any Member are forfeited, then for the fiscal year of such forfeiture or other period (as determined by the OpCo Board): (i) items of income, gain, loss, and deduction shall be excluded from the calculation of Profits and Losses and shall be specially allocated to the Member whose Units have been forfeited so as to cause such Member’s Capital Account to equal such Member’s Distribution entitlements under Section 4.01 after giving effect to the adjustment in the Member’s Common Percentage Interest resulting from the applicable forfeiture; (ii) the OpCo Board may elect to apply another allocation or Capital Account adjustment method to a Unit forfeiture as it reasonably deems appropriate in lieu of the method set forth in this Section 5.05(i).

Appears in 1 contract

Samples: Agreement and Plan of Merger (Highland Transcend Partners I Corp.)

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FORFEITURE ALLOCATION. In the event that the Units of any Member are forfeited, then for the fiscal year of such forfeiture or other period (as determined by the OpCo BoardManaging Member): (i) items of income, gain, loss, and deduction shall be excluded from the calculation of Profits and Losses and shall be specially allocated to the Member whose Units have been forfeited so as to cause such Member’s Capital Account to equal such Member’s Distribution entitlements under Section 4.01 after giving effect to the adjustment in the Member’s Common Percentage Interest resulting from the applicable forfeiture; (ii) the OpCo Board Managing Member may elect to apply another allocation or Capital Account adjustment method to a Unit forfeiture as it reasonably deems appropriate in lieu of the method set forth in this Section 5.05(i).

Appears in 1 contract

Samples: Limited Liability Company Agreement (Highland Transcend Partners I Corp.)

FORFEITURE ALLOCATION. In the event that the Units of any Member are forfeited, then for the fiscal year of such forfeiture or other period (as determined by the OpCo BoardManaging Member): (i) items of income, gain, loss, and deduction shall be excluded from the calculation of Profits and Losses and shall be specially allocated to the Member whose Units have been forfeited so as to cause such Member’s Capital Account to equal such Member’s Distribution distribution entitlements under Section 4.01 4.1 after giving effect to the adjustment in the Member’s Common Class A Percentage Interest resulting from the applicable forfeiture; (ii) the OpCo Board Managing Member may elect to apply another allocation or Capital Account adjustment method to a Unit forfeiture as it reasonably deems they deem appropriate in lieu of the method set forth in this Section 5.05(i4.3(h).

Appears in 1 contract

Samples: Merger Agreement (ZoomInfo Technologies Inc.)

FORFEITURE ALLOCATION. In the event that the Units of any Member are forfeited, then for the fiscal year Fiscal Year of such forfeiture or other period (as determined by the OpCo BoardBoard of Directors): (i) items of income, gain, loss, and deduction shall be excluded from the calculation of Profits and Losses and shall be specially allocated to the Member whose Units have been forfeited so as to cause such Member’s Capital Account to equal such Member’s Distribution distribution entitlements under Section 4.01 pursuant to this Agreement after giving effect to the adjustment in the Member’s Common Percentage Interest resulting from the applicable forfeiture;; and (ii) the OpCo Board of Directors may elect to apply another allocation or Capital Account adjustment method to a Unit forfeiture as it reasonably deems appropriate in lieu of the method set forth in this Section 5.05(i4.06(i).

Appears in 1 contract

Samples: Limited Liability Company Agreement (Azz Inc)

FORFEITURE ALLOCATION. In the event that the Units of any Member are forfeited, then for the fiscal year of such forfeiture or other period (as determined by the OpCo BoardManaging Member): (i) items of income, gain, loss, and deduction shall be excluded from the calculation of Profits and Losses and shall be specially allocated to the Member whose Units have been forfeited so as to cause such Member’s Capital Account to equal such Member’s Distribution distribution entitlements under Section 4.01 4.1 after giving effect to the adjustment in the Member’s Common Class A/LTIP Percentage Interest resulting from the applicable forfeiture; (ii) the OpCo Board Managing Member may elect to apply another allocation or Capital Account adjustment method to a Unit forfeiture as it reasonably deems they deem appropriate in lieu of the method set forth in this Section 5.05(i4.3(j).

Appears in 1 contract

Samples: Limited Liability Company Agreement (ZoomInfo Technologies Inc.)

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FORFEITURE ALLOCATION. In the event that the Units of any Member are forfeited, then for the fiscal year of such forfeiture or other period (as determined by the OpCo BoardManaging Member): (i) items of income, gain, loss, and deduction shall be excluded from the calculation of Profits and Losses and shall be specially allocated to the Member whose Units have been forfeited so as to cause such Member’s Capital Account to equal such Member’s Distribution distribution entitlements under Section 4.01 4.1 after giving effect to the adjustment in the Member’s Common Class A/LTIP Percentage Interest resulting from the applicable forfeiture;forfeiture; (ii) the OpCo Board Managing Member may elect to apply another allocation or Capital Account adjustment method to a Unit forfeiture as it reasonably deems appropriate in lieu of the method set forth in this Section 5.05(i5.05(k).

Appears in 1 contract

Samples: Operating Agreement (Wm Technology, Inc.)

FORFEITURE ALLOCATION. In the event that the Units of any Member are forfeited, then for the fiscal year Fiscal Year of such forfeiture or other period (as determined by the OpCo BoardManaging Member): (i) items of income, gain, loss, and deduction shall be excluded from the calculation of Profits and Losses and shall be specially allocated to the Member whose Units have been forfeited so as to cause such Member’s Capital Account to equal such Member’s Distribution entitlements under Section 4.01 after giving effect to the adjustment in the Member’s Common Percentage Interest resulting from the applicable forfeiture;; or (ii) the OpCo Board Managing Member may elect to apply another allocation or Capital Account adjustment method to a Unit forfeiture as it reasonably deems appropriate in lieu of the method set forth in this Section 5.05(i).

Appears in 1 contract

Samples: Limited Liability Company Agreement (Calyxt, Inc.)

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