General Allocations of Net Profits and Net Losses. (a) Except as otherwise provided in Section 6.3, Net Profits and Net Losses (and items thereof) shall be allocated to the Members in proportion to their respective Percentage Interests.
General Allocations of Net Profits and Net Losses. After giving effect to the special allocations in Sections 6.4 and 6.5 hereof, the following shall apply:
6.3.1. In accordance with Section 6.1, with respect to each Portfolio Investment, Portfolio Investment Profit and Portfolio Investment Loss shall be allocated among the Class B Members of each Annual Investment Group having an interest therein, to the Class B Members that are members of the Annual Investment Group that has an interest in the Portfolio Investment generating the Portfolio Investment Profit or Portfolio Investment Loss being allocated. All allocations to such Class B Members shall be made pro rata in accordance with the Bonus Contribution to the Annual Investment Group that has an interest in the Portfolio Investment generating Portfolio Investment Profit or Portfolio Investment Loss.
6.3.2. All Unattributable Expenses shall be allocated to the Class B Members in proportion to the aggregate Annual Bonus contributions contributed by each such Member to the Company without regard to Annual Investment Group.
General Allocations of Net Profits and Net Losses. (a) Except as provided in Section 2.05 below, for any Fiscal Period the Net Profits of the Partnership from any source, including the receipt of interest and dividends or from a sale or other disposition of all or any portion of the Partnership's property (including Net Profits deemed realized from distributions of property in kind and including positive adjustments to Capital Accounts resulting from an election pursuant to Section 2.03(c) hereof) or upon liquidation of the Partnership shall be allocated to and among the Partners in accordance with their respective number of Interests in the Partnership.
(b) Except as provided in Section 2.05 below, for any Fiscal Period the Net Losses of the Partnership from any source, including operations or from a sale or other disposition of all or any portion of the Partnership's property (including Net Losses deemed realized from distributions of property in kind and including negative adjustments to Capital Accounts specified in Section 2.03(c) hereof) or upon liquidation of the Partnership shall be allocated to and among the Partners in accordance with their respective number of Interests in the Partnership.
General Allocations of Net Profits and Net Losses. (a) Except as provided in Sections 2.08 and 2.09 below (which shall be applied first), any Net Profits of the LLC shall be allocated as follows:
(i) First, to any Members having negative Capital Account balances, in proportion to and to the extent of such negative balances; and
(ii) The balance, if any, to the Members in such proportions and in such amounts as would result in the Capital Account balance of each Member equaling, as nearly as possible, such Member's share of the then LLC Capital determined by calculating the amount the Member would receive if an amount equal to the LLC Capital were distributed to the Members in accordance with the provisions of Section 3.02 hereof.
(b) Except as provided in Sections 2.08 and 2.09 below (which shall be applied first), any Net Losses of the LLC shall be allocated among the Members as follows:
(i) First, to each Member with a positive Capital Account balance, in the amount of such positive balance; provided, however, that if the amount of Net Losses to be allocated is less than the sum of the Capital Account balances of all Members having positive Capital Account balances, then the Net Losses shall be allocated to the Members in such proportions and in such amounts as would result in the Capital Account balance of each Member equaling, as nearly as possible, such Member's share of the then LLC Capital determined as set forth in Section 2.07(a)(ii) above; and
(ii) The balance, if any, to the Members in accordance with their percentage interests as set forth on Schedule B hereto ("Percentage Interests").
General Allocations of Net Profits and Net Losses. After giving effect to the special allocations in Section 5.2 and 5.3 hereof, the following shall apply:
5.1.1. Portfolio Investment Profit shall be allocated among the Members in the following order and priority:
(a) first, to the extent Portfolio Investment Loss has been allocated among the Members, Portfolio Investment Profit from the same Portfolio Investment as that generating the Portfolio Investment Loss shall be allocated to the Interested Members in a manner that reverses such prior allocations of Portfolio Investment Loss until the cumulative Portfolio Investment Profit so allocated equals the cumulative Portfolio Investment Loss therefrom then and previously allocated pursuant to Section 5.1.2 and not previously offset pursuant to this Section 5.1.1(a); then
(b) second, to the extent other Portfolio Investment Loss has been allocated among the Members, Portfolio Investment Profit from other Portfolio Investments shall be allocated to the Interested Members in a manner that reverses such prior allocations of Portfolio Investment Loss until the cumulative Portfolio Investment Profit so allocated equals the cumulative Portfolio Investment Loss therefrom then and previously allocated pursuant to Section 5.1.2 and not previously offset pursuant to Section 5.1.1(a) or this Section 5.1.1(b), a pro rata (based on total Portfolio Investment Profit then being allocated) portion of each Portfolio Investment's Portfolio Investment Profit being used for such purpose; then
(c) third, with respect to each Portfolio Investment's remaining Portfolio Investment Profit, to the Class B Member, in an amount equal to the product of the Portfolio Investment Profit then being allocated multiplied by the Class B Member's Percentage Interest with respect to the Portfolio Investment generating that Portfolio Investment Profit, then
(d) fourth, with respect to each Portfolio Investment's remaining Portfolio Investment Profit, to the Class A Member until the cumulative Portfolio Investment Profit then and previously allocated to the Class A Member pursuant to this Section 5.5.1(d) equals the cumulative amount then distributable (whether or not then distributable) and previously distributable to the Class A Member pursuant to Section 4.2.1(d)(i) and 4.2.2(c)(i).
(e) fifth, one hundred percent (100%) to the Class C Members (pro rata in accordance with their Sharing Percentages) until the cumulative Portfolio Investment Profit then and previously allocated to such Members purs...
General Allocations of Net Profits and Net Losses. After taking into account any special allocations pursuant to Section 6.3 and subject to any limitations contained therein, Net Profits and Net Losses shall be allocated to the Members, pro rata, based upon their respective Percentage Interests.
General Allocations of Net Profits and Net Losses. (a) Except as provided in Section 6.02 below, the Net Profits and Net Losses of the Partnership for any year shall be allocated among the Partners in accordance with their respective Percentage Interests.
General Allocations of Net Profits and Net Losses. (a) Except as provided in Section 2.05 below (which shall be applied first), Net Profits of the Partnership for any relevant period shall be allocated as follows:
(i) First, to any Partners having negative Capital Account balances, in proportion to and to the extent of such negative balances; and
(ii) The balance, if any, to the Partners in such proportions and in such amounts as would result in the Capital Account balance of each Partner equalling, as nearly as possible, such Partner's share of the then Partnership Capital determined by calculating the amount the Partner would receive if an amount equal to the Partnership Capital (as defined below) were distributed to the Partners in accordance with the provisions of Section 3.01(b) hereof.
General Allocations of Net Profits and Net Losses. A. Except as otherwise provided in Section IV of this Allocations Exhibit, Net Profits or Net Losses will be allocated to each Member in such manner as to cause the balance in the Member’s Capital Account, immediately after making all of the allocations required for the relevant Fiscal Year, to equal (as nearly as possible) (a) the distributions that would be made to the Member if the Company were dissolved, its affairs wound up and its assets sold for cash equal to their respective Gross Asset Values, all Company liabilities were satisfied (limited with respect to each nonrecourse liability to the Gross Asset Value of the assets securing the liability), and the net assets of the Company were distributed to the Members in accordance with the terms of the Agreement immediately after making the allocation, minus (b) the Member’s share of Partnership Minimum Gain and Partner Nonrecourse Debt Minimum Gain, computed immediately before the hypothetical sale of assets, minus (c) the Member’s obligation to make any capital contribution pursuant to the Agreement.
B. The allocation provisions contained in this Section III are intended to comply with Code Section 704(b) and the Treasury Regulations promulgated thereunder.
General Allocations of Net Profits and Net Losses. (a) Except as provided in Section 2.04 below (which shall be applied first), Net Profits of the Partnership shall be allocated as follows:
(i) First, to any Partners having negative Capital Account balances, in proportion to and to the extent of such negative balances; and
(ii) The balance, if any, to the Partners in such proportions and in such amounts as would result in the respective Capital Account balance of each Partner equaling, as nearly as possible, such Partner's share of the then Partnership Capital determined by calculating the amount the Partner would receive if an amount equal to the Partnership Capital were distributed to the Partners in accordance with the provisions of Section 3.02 hereof.
(b) Except as provided in Section 2.04 below (which shall be applied first), Net Losses of the Partnership shall be allocated among the Partners as follows:
(i) First, to each Partner with a positive Capital Account balance, in the amount of such positive balance; provided, however, that if the amount of Net Losses to be allocated is less than the sum of the Capital Account balances of all Partners having positive Capital Account balances, then the Net Losses shall be allocated to the Partners in such proportions and in such amounts as would result in the respective Capital Account balance of each Partner equaling, as nearly as possible, such Partner's share of the then Partnership Capital determined as set forth in Section 2.03(a)(ii) above; and
(ii) The balance, if any, to the Partners in proportion to their respective Percentage Interests.
(c) If the amount of Net Profits allocable to the Partners pursuant to Section 2.03(a)(ii) or the amount of Net Losses allocable to them pursuant to Section 2.03(b)(i) is insufficient to allow the Capital Account balance of each Partner to equal such Partner's share of the Partnership Capital, such Net Profits or Net Losses shall be allocated among the Partners in such a manner as to decrease the differences between the Partners' respective Capital Account balances and their respective shares of the Partnership Capital in proportion to such differences.
(d) Allocations of Net Profits and Net Losses provided for in this Section 2.03 shall generally be made as of the end of the fiscal year of the Partnership; provided, however, that allocations of Net Profits and Net Losses upon liquidation of the Partnership shall be made no later than immediately prior to the time that the distributions upon liquidation pursuant to ...
