Limit on Loss Allocations. Notwithstanding the provisions of Section 4.6.2, 4.6.4 or any other provision of this Agreement to the contrary, Net Loss (or items thereof) shall not be allocated to a Partner if such allocation would cause or increase such Partner's Adjusted Capital Account Deficit and shall be reallocated to the other Partners, subject to the limitations of this Section 4.10.
Appears in 5 contracts
Samples: Agreement (Txi Transportation Co), Txi Transportation Co, Us Concrete Inc
Limit on Loss Allocations. Notwithstanding the provisions of Section 4.6.2, 4.6.4 7.4 of this Agreement or any other provision of this Agreement to the contrary, Net Loss Losses (or items thereof) shall not be allocated to a Partner if such allocation would cause or increase such a Partner's ’s Adjusted Capital Account Deficit and shall be reallocated to the other PartnersPartners in proportion to their respective Capital Account balances, subject to the limitations of this Section 4.107.5.8.
Appears in 2 contracts
Samples: Partnership Agreement (NorthStar Healthcare Income, Inc.), Purchase and Sale Agreement (NorthStar Healthcare Income, Inc.)
Limit on Loss Allocations. Notwithstanding the provisions of Section 4.6.2, 4.6.4 or any other provision of this Agreement to the contrary, Net Loss (or items thereof) shall not be allocated to a Partner if such allocation would cause or increase such Partner's ’s Adjusted Capital Account Deficit and shall be reallocated to the other Partners, subject to the limitations of this Section 4.10.
Appears in 2 contracts
Samples: Agreement (American Materials Transport, Inc.), American Materials Transport, Inc.
Limit on Loss Allocations. Notwithstanding the provisions of Section 4.6.2SECTION 5.1.4, 4.6.4 or any other provision of this Agreement to the contrary, Net Loss (or items thereof) shall not be allocated to a any Partner if such allocation would cause or increase a negative balance in such Partnerpartner's Adjusted Capital Account Deficit (adjusted in accordance with SECTION 4.3.1(vi)) hereof) and shall be proportionately reallocated to the other Partners, subject to the limitations of this Section 4.10SECTION 5.1.5(vi).
Appears in 1 contract
Samples: BRL Universal Equipment Corp
Limit on Loss Allocations. Notwithstanding the provisions of Section 4.6.2, 4.6.4 7.4 of this Agreement or any other provision of this Agreement to the contrary, Net Loss Losses (or items thereof) shall not be allocated to a Partner if such allocation would cause or increase such Partner's some (but not all) Partners to have an Adjusted Capital Account Deficit or increase some (but not all) Partner’s Adjusted Capital Account Deficit (a “Restricted Partner”) and shall be reallocated to the Partners other Partnersthan the Restricted Partners in proportion to their respective Capital Account balances, subject to the limitations of this Section 4.107.5.8.
Appears in 1 contract
Samples: Partnership Agreement (NorthStar Healthcare Income, Inc.)
Limit on Loss Allocations. Notwithstanding the provisions of Section 4.6.24.1, 4.6.4 or any other provision of this Agreement to the contrary, Net Loss (or items thereof) shall will not be allocated to a Partner if such allocation would cause or increase such Partner's ’s Adjusted Capital Account Deficit and shall will be reallocated to the other Partners, subject to the limitations of this Section 4.104.3.
Appears in 1 contract
Samples: Limited Partnership Agreement (Liberty Global, Inc.)
