Limit on Loss Allocations. Notwithstanding the provisions of Section 5.2 or any other provision of this Agreement to the contrary, Losses (or items thereof) will not be allocated to a Member if such allocation would cause or increase a Member’s Adjusted Capital Account Deficit and will be reallocated to the Members (other than any such Member to which the limitations of this Section 5.7 apply), subject to the limitations of this Section 5.7.
Appears in 3 contracts
Samples: Operating Agreement (Gci Inc), Operating Agreement (General Communication Inc), Operating Agreement (General Communication Inc)
Limit on Loss Allocations. Notwithstanding the provisions of Section 5.2 Paragraph 1.2 or any other provision of this Agreement to the contrary, Net Losses (or items thereof) will not be allocated to a Member if such allocation would cause or increase a deficit balance in a Member’s 's Adjusted Capital Account Deficit and will be reallocated to the other Members (other than any such Member in proportion to which the limitations of this Section 5.7 apply)their Percentage Interests, subject to the limitations of this Section 5.7subparagraph 1.4(g).
Appears in 3 contracts
Samples: Limited Liability Company Agreement (KPMG Consulting Inc), Limited Liability Company Agreement (KPMG Consulting Inc), Limited Liability Company Agreement (KPMG Consulting Inc)
Limit on Loss Allocations. Notwithstanding the provisions of Section 5.2 4.5 of this Agreement or any other provision of this Agreement to the contrary, Losses (or items thereof) will shall not be allocated to a Member if such allocation would cause or increase a Member’s Adjusted Capital Account Deficit and will shall be reallocated to the other Members (other than any such Member in proportion to which the limitations of this Section 5.7 apply)their Distribution Percentage, subject to the limitations of this Section 5.73(h).
Appears in 2 contracts
Samples: Member Control Agreement (Dakota Plains Holdings, Inc.), Member Control Agreement (MCT Holding Corp)
Limit on Loss Allocations. Notwithstanding the provisions of Section 5.2 or any other provision of this Agreement to the contrary, Losses (or items thereof) will not be allocated to a Member if such allocation would cause or increase a deficit balance in the Member’s Adjusted Capital Account Deficit and and, instead, such Losses (or items thereof) will be reallocated to the Members (other than any such Member to which the limitations of this Section 5.7 apply)Members, subject to the limitations of this Section 5.7C.1.4.
Appears in 2 contracts
Samples: Operating Agreement (McGuirk Terence F), Operating Agreement (Malone John C)
Limit on Loss Allocations. Notwithstanding the provisions of Section 5.2 or any other provision of this Agreement to the contrary, Losses (or items thereof) will not be allocated to a Member if such allocation would cause or increase a Member’s Adjusted Capital Account Deficit and will be reallocated to the Members (other than any such Member to which the limitations of this Section 5.7 apply)) in proportion to their Percentage Interests, subject to the limitations of this Section 5.7.
Appears in 2 contracts
Samples: Operating Agreement (Liberty Media Corp /De/), Operating Agreement (Liberty Media Corp /De/)
Limit on Loss Allocations. Notwithstanding the provisions of Section 5.2 4.01 of this Agreement or any other provision of this Agreement to the contrary, Losses (or items thereof) will shall not be allocated to a Member if such allocation would cause or increase a Member’s Adjusted Capital Account Deficit and will shall be reallocated to the other Members (other than any such Member in proportion to which the limitations of this Section 5.7 apply)their shareholdings, subject to the limitations of this Section 5.73(h).
Appears in 2 contracts
Samples: Limited Liability Company Agreement, Limited Liability Company Agreement
Limit on Loss Allocations. Notwithstanding the provisions of Section 5.2 5.6(a) or any other provision of this Agreement to the contrary, Losses (or items thereof) will not be allocated to a Member if such allocation would cause or increase a Member’s Adjusted Capital Account Deficit and will be reallocated to the other Members (other than any such Member in proportion to which the limitations of this Section 5.7 apply)their Percentage Interests, subject to the limitations of this Section 5.75.6(c)(vii).
Appears in 1 contract
Samples: Limited Liability Company Agreement (Energysouth Inc)
Limit on Loss Allocations. Notwithstanding the provisions of Section 5.2 3.5(b)(ii) hereof or any other provision of this Agreement to the contrary, Net Losses (or items thereof) will not be allocated to a Member if such allocation would cause or increase a Member’s 's Adjusted Capital Account Deficit and will be reallocated to the other Members (other than any such Member in proportion to which the limitations of this Section 5.7 apply)their Percentage Interests, subject to the limitations of this Section 5.73.5(c)(vii).
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Limit on Loss Allocations. Notwithstanding the provisions of Section 5.2 4.1, or any other provision of this Agreement to the contrary, Losses Net Loss (or items thereof) will not be allocated to a Member if such allocation would cause or increase a deficit balance in such Member’s 's Adjusted Capital Account Deficit and will be reallocated to the Members (other than any such Member to which the limitations of this Section 5.7 apply)Members, subject to the limitations of this Section 5.74.5.
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Limit on Loss Allocations. Notwithstanding the provisions of Section 5.2 or any other provision of this Agreement to the contrary, Losses (or items thereof) will not be allocated to a Member if such allocation would cause or increase a Member’s 's Adjusted Capital Account Deficit and will be reallocated to the Members (other than any such Member to which the limitations of this Section 5.7 apply), subject to the limitations of this Section 5.7.
Appears in 1 contract
Samples: Reorganization Agreement (General Communication Inc)
Limit on Loss Allocations. Notwithstanding the provisions of Section 5.2 3.5(b)(11) hereof or any other provision of this Agreement to the contrary, Net Losses (or items thereof) will not be allocated to a Member if such allocation would cause or increase a Member’s 's Adjusted Capital Account Deficit and will be reallocated to the other Members (other than any such Member in proportion to which the limitations of this Section 5.7 apply)their Percentage Interests, subject to the limitations of this Section 5.73.5(c)(vii).
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Limit on Loss Allocations. Notwithstanding the provisions of Section 5.2 3.6(b)(ii) hereof or any other provision of this Agreement to the contrary, net Losses (or items thereof) will not be allocated to a Member if such allocation would cause or increase a Member’s 's Adjusted Capital Account Deficit and will be reallocated to the other Members (other than any such Member in proportion to which the limitations of this Section 5.7 apply)their Percentage Interests, subject to the limitations of this Section 5.73.6(c)(vii).
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