Limitation on Allocation of Net Loss. If the allocation of Net Loss (or items of loss or deduction) to a Member as provided in Section 5.2 hereof would create or increase an Adjusted Capital Account deficit, there shall be allocated to such Member only that amount of Net Loss (or items of loss or deduction) as will not create or increase an Adjusted Capital Account deficit. The Net Loss (or items of loss or deduction) that would, absent the application of the preceding sentence, otherwise be allocated to such Member shall be allocated to the other Members in accordance with their relative Percentage Interests, subject to the limitations of this Section 5.3.4.
Appears in 5 contracts
Samples: Operating Agreement (Hersha Hospitality Trust), Operating Agreement (Pebblebrook Hotel Trust), Operating Agreement (Pebblebrook Hotel Trust)
Limitation on Allocation of Net Loss. If the allocation of Net Loss (or items of loss or deduction) to a Member as provided in Section 5.2 hereof 6.3(a)(ii) would create or increase an Adjusted Capital Account deficit, then there shall be allocated to such Member only that amount of Net Loss (or items of loss or deduction) as will not create or increase an Adjusted Capital Account deficit. The Net Loss (or items of loss or deduction) that would, absent the application of the preceding sentence, otherwise be allocated to such Member shall be allocated to the other Members in accordance with proportion to their relative Percentage Interestsrespective Sharing Ratios, subject to the limitations of this Section 5.3.46.3(b)(iv).
Appears in 4 contracts
Samples: Unitholders Agreement, Unitholders Agreement, Limited Liability Company Agreement (Sunoco Logistics Partners L.P.)
Limitation on Allocation of Net Loss. If the allocation of Net Loss (or items of loss or deduction) to a Member as provided in Section 5.2 6.01 hereof would create or increase an Adjusted Capital Account deficit, then there shall be allocated to such Member only that amount of Net Loss (or items of loss or deduction) as will not create or increase an Adjusted Capital Account deficit. The Net Loss (or items of loss or deduction) that would, absent the application of the preceding sentence, otherwise be allocated to such Member shall be allocated to the other Members in accordance with proportion to their relative Percentage Interests, subject to the limitations of this Section 5.3.46.02(d).
Appears in 2 contracts
Samples: Implementation Agreement (Peabody Energy Corp), Implementation Agreement (Arch Coal Inc)
Limitation on Allocation of Net Loss. If the allocation of Net Loss (or items of loss or deduction) Losses to a Member as provided in Section 5.2 5.03(a) hereof would create or increase an Adjusted Capital Account deficit, there shall will be allocated to such Member only that amount of Net Loss (or items of loss or deduction) Losses as will not create or increase an Adjusted Capital Account deficit. The Net Loss (or items of loss or deduction) Losses that would, absent the application of the preceding sentence, otherwise be allocated to such Member shall will be allocated to the other Members in accordance with their relative Percentage Interestsproportion of Units, subject to the limitations of this Section 5.3.45.03(b)(iv).
Appears in 2 contracts
Samples: Limited Liability Company Agreement (Signal Genetics LLC), Limited Liability Company Agreement (Signal Genetics LLC)
Limitation on Allocation of Net Loss. If the allocation of Net Loss (or items of loss or deduction) Losses to a Member as provided in Section 5.2 5.02(a) hereof would create or increase an Adjusted Capital Account deficit, there shall will be allocated to such Member only that amount of Net Loss (or items of loss or deduction) Losses as will not create or increase an Adjusted Capital Account deficit. The Net Loss (or items of loss or deduction) Losses that would, absent the application of the preceding sentence, otherwise be allocated to such Member shall will be allocated to the other Members in accordance with their relative Percentage InterestsAggregate Unit Sharing Percentage, subject to the limitations of this Section 5.3.45.02(b)(iv).
Appears in 2 contracts
Samples: Limited Liability Company Agreement (Nextracker Inc.), Limited Liability Company Agreement (Nextracker Inc.)
Limitation on Allocation of Net Loss. If the allocation of Net Loss (or items of loss or deduction) to a Member as provided in Section 5.2 hereof 6.1 would create or increase an Adjusted Capital Account deficit, then there shall be allocated to such Member only that amount of Net Loss (or items of loss or deduction) as will not create or increase an Adjusted Capital Account deficit. The Net Loss (or items of loss or deduction) that would, absent the application of the preceding sentence, otherwise be allocated to such Member shall be allocated to the other Members in accordance with proportion to their relative Equity Percentage Interests, subject to the limitations of this Section 5.3.46.2(d).
Appears in 1 contract
Samples: Limited Liability Company Agreement (Paulsboro Natural Gas Pipeline Co LLC)
Limitation on Allocation of Net Loss. If the allocation of Net Loss (or items of loss or deduction) to a Member as provided in Section 5.2 hereof would create or increase an Adjusted Capital Account deficitDeficit, there shall be allocated to such Member only that amount of Net Loss (or items of loss or deduction) as will not create or increase an Adjusted Capital Account deficitDeficit. The Net Loss (or items of loss or deduction) that would, absent the application of the preceding sentence, otherwise be allocated to such Member shall be specially allocated to the other Members in accordance with their relative Percentage Intereststhe manner that such Net Loss would generally allocated if the Units of such Member were not outstanding, subject to the limitations limitation of this Section 5.3.4paragraph.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Javo Beverage Co Inc)
Limitation on Allocation of Net Loss. If the allocation of Net Loss (or items of loss or deduction) to a Member as provided in Section 5.2 5.5(b) hereof would create or increase an Adjusted Capital Account deficit, then there shall be allocated to such Member only that amount of Net Loss (or items of loss or deduction) as will not create or increase an Adjusted Capital Account deficit. The Net Loss (or items of loss or deduction) that would, absent the application of the preceding sentence, otherwise be allocated to such Member shall be allocated to the other Members in accordance with their relative Percentage Interests, subject to the limitations of this Section 5.3.4.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Enbridge Energy Partners Lp)
Limitation on Allocation of Net Loss. If the allocation of Net Loss Losses (or items of loss or deduction) to a Member as provided in Section 5.2 6.1 hereof would create or increase an Adjusted Capital Account deficit, there shall be allocated to such Member only that amount of Net Loss Losses (or items of loss or deduction) as will not create or increase an Adjusted Capital Account deficit. The Net Loss Losses (or items of loss or deduction) that would, absent the application of the preceding sentence, otherwise be allocated to such Member shall be allocated to the other Members in accordance with their relative Percentage Interests, subject to the limitations of this Section 5.3.46.2(d).
Appears in 1 contract
Limitation on Allocation of Net Loss. If the allocation of Net Loss (or items of loss or deduction) to a Member as provided in Section 5.2 hereof 6.3(a)(2) would create or increase an Adjusted Capital Account deficit, then there shall be allocated to such Member only that amount of Net Loss (or items of loss or deduction) as will not create or increase an Adjusted Capital Account deficit. The Net Loss (or items of loss or deduction) that would, absent the application of the preceding sentence, otherwise be allocated to such Member shall be allocated to the other Members in accordance with proportion to their relative Percentage Interestsrespective Sharing Ratios, subject to the limitations of this Section 5.3.46.3(b)(4).
Appears in 1 contract
Samples: Limited Liability Company Agreement (Sunoco Logistics Partners L.P.)
Limitation on Allocation of Net Loss. If the allocation of Net Loss (or items of loss or deduction) to a Member as provided in Section 5.2 hereof of this Agreement would create or increase an a deficit balance in a Member’s Adjusted Capital Account deficitAccount, there shall be allocated to such Member only that amount of Net Loss (or items of loss or deduction) as will not create or increase an Adjusted Capital Account deficitany such deficit balance. The Net Loss (or items of loss or deduction) that would, absent the application of the preceding sentence, otherwise be allocated to such Member shall be allocated to among the other Members in accordance with proportion to their relative Percentage Interests, subject to the limitations of this Section 5.3.41.1.4.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Granite Peak Resources, LLC)
Limitation on Allocation of Net Loss. If the allocation of Net Loss (or items of loss or deduction) to a Member as provided in Section 5.2 4.03 hereof would create or increase an Adjusted Capital Account deficit, then there shall be allocated to such Member only that amount of Net Loss (or items of loss or deduction) as will not create or increase an Adjusted Capital Account deficit. The Net Loss (or items of loss or deduction) that would, absent the application of the preceding sentence, otherwise be 16 allocated to such Member shall be allocated to the other Members in accordance with proportion to their relative Percentage InterestsUnit Sharing Percentages, subject to the limitations of this Section 5.3.44.04(d).
Appears in 1 contract
Samples: Limited Liability Company Agreement (Cipher Mining Inc.)
Limitation on Allocation of Net Loss. If the allocation of Net Loss (or items of loss or deduction) to a Member as provided in Section 5.2 hereof would create or increase an Adjusted Capital Account deficit, there shall be allocated to such Member only that amount of Net Loss (or items of loss or deduction) as will not create or increase an Adjusted Capital Account deficit. The Net Loss (or items of loss or deduction) that would, absent the application of the preceding sentence, otherwise be allocated to such Member shall be allocated to the other Members in accordance with their relative Common Percentage Interests, subject to the limitations of this Section 5.3.4.
Appears in 1 contract
Limitation on Allocation of Net Loss. If the allocation of Net Loss (or items of loss or deduction) to a Member as provided in Section 5.2 5.2(a) hereof would create or increase an Adjusted Capital Account deficit, then there shall be allocated to such Member only that amount of Net Loss (or items of loss or deduction) as will not create or increase an Adjusted Capital Account deficit. The Net Loss (or items of loss or deduction) that would, absent the application of the preceding sentence, otherwise be allocated to such Member shall be allocated to the other Members in accordance with proportion to their relative Percentage Membership Interests, subject to the limitations of this Section 5.3.45.2(b)(iv).
Appears in 1 contract
Samples: Limited Liability Company Agreement
Limitation on Allocation of Net Loss. If the allocation of Net Loss (or items of loss or deduction) to a Member as provided in Section 5.2 5.3(a) hereof would create or increase an Adjusted Capital Account deficit, then there shall be allocated to such Member only that amount of Net Loss (or items of loss or deduction) as will not create or increase an Adjusted Capital Account deficit. The Net Loss (or items of loss or deduction) that would, absent the application of the preceding sentence, otherwise be allocated to such Member shall be allocated to the other Members in accordance with proportion to their relative Percentage Interests, subject to the limitations of this Section 5.3.45.3(b)(iv).
Appears in 1 contract
Samples: Limited Liability Company Agreement (Delek Logistics Partners, LP)