Limitation on Allocation of Net Losses Sample Clauses

Limitation on Allocation of Net Losses. There will be no allocation of Net Losses to any Member to the extent that the allocation would create a negative balance in the Capital Account of that Member (or increase the amount by which that Member's Capital Account balance is negative).
AutoNDA by SimpleDocs
Limitation on Allocation of Net Losses. No allocation of Net Losses (or items of loss) shall be allocated to a Partner to the extent that any such allocation would cause or increase an Adjusted Capital Account Deficit as to the Partner. The limitation set forth in the preceding sentence shall be applied on a Partner-by-Partner basis and Net Losses (or items of loss) not allocable to a Partner as a result of such limitation shall be reallocated (A) first, among the other holders of Units in accordance with their respective Base Percentage Interests, and (B) thereafter, among the holders of other Units, as determined by the Partnership, in each case subject to the limitations of this Section 5.2.8.
Limitation on Allocation of Net Losses. The allocation of Net Losses to any Member pursuant to Section 12.1 hereof shall not exceed the maximum amount of Net Loss that can be so allocated () such Member without causing such Member to have an Adjusted Capital Account Deficit at the end of any Fiscal Year. To the exter4 an allocation of Net Loss would cause or increase an Adjusted Capital Account Deficit as to any Member, the limitation set forth in this Section 12.2(a)(vi) shall be applied on a Member by Member basis in accordance with their respective Percentage Interests so as to allocate the maximum permissible Net Loss to each Member without causing any Member to have an Adjusted Capital Account Deficit.
Limitation on Allocation of Net Losses. Notwithstanding any other provision contained in Section 6.1, Net Losses and individual items of loss or deduction may not be allocated to a Member to the extent the allocation would result in a deficit balance in the Member’s Adjusted Capital Account at the end of any Fiscal Year. Any such items in excess of this limitation will be allocated as follows:
Limitation on Allocation of Net Losses. If the allocation of Net Losses (or items of loss or deduction) to a Member as provided in Section 5.1 hereof would create or increase an Adjusted Capital Account Deficit, there shall be allocated to such Member only that amount of Net Losses (or items of loss or deduction) as will not create or increase an Adjusted Capital Account Deficit. The Net 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 (as adjusted pursuant to Section 4.1.2(f)), subject to the limitations of this Section 5.2.4.
Limitation on Allocation of Net Losses. Notwithstanding any provision of Section 5.01 of the Agreement, no allocation of Net Losses shall be made to a Member if it would cause the Member to have a negative balance in his, her or its Adjusted Capital Account. Allocations of Net Losses that would be made to a Member but for this Section 5 shall instead be made to other Members pursuant to Section 5.01(a) of the Agreement to the extent not inconsistent with this Section 5. To the extent allocations of Net Losses cannot be made to any Member because of this Section 5, allocation shall be made to the Members in accordance with Section 5.01(a)(ii)(B) of the Agreement, notwithstanding this Section 5.
Limitation on Allocation of Net Losses. Notwithstanding the provisions of Sections 6.1.3 or 6.1.5 hereof, (A) if the amount of Net Loss for any Adjustment Period that would otherwise be allocated to the Limited Partner under Section 6.1.3 or 6.1.5 hereof would cause or increase an Adjusted Capital Account Deficit of the Limited Partner as of the last day of such Adjustment Period, then an amount of such Net Loss equal to the amount which would cause or increase such Adjusted Capital Account Deficit shall be allocated to the General Partner, and the remainder of such Net Loss, if any, shall be allocated to the Limited Partners; provided that whenever a Qualified Organization is a Limited Partner this limitation on the Net Losses which may be allocated to the Limited Partners is intended to comply with Section 1.514(c)-2(h) of the Regulations (regarding provisions preventing deficit capital account balances), or any similar successor provision, and shall be applied consistently therewith and in accordance with Section 6.8 hereof; and (B) pursuant to Section 6.8, Net Loss shall be allocated to the General Partner only to the extent permitted by Sections 1.514(c)-2(e), (f) and (g) of the Regulations.
AutoNDA by SimpleDocs
Limitation on Allocation of Net Losses. The Net Losses allocated pursuant to Section 5.2 hereof shall not exceed the maximum amount of Net Losses that can be so allocated without causing any Limited Partner to have an Adjusted Capital Account Deficit at the end of any Fiscal Year. In the event that some, but not all, of the Limited Partners would have Adjusted Capital Account Deficits as a consequence of an allocation of Net Losses pursuant to Section 5.2 hereof, the limitation set forth in this Section 5.3 shall be applied separately to each Limited Partner so as to allocate the maximum permissible Net Losses to each Limited Partner under Treasury Regulations Section 1.704-1(b)(2)(ii)(d). All Net Losses in excess of the limitations set forth in this Section 5.3 shall be allocated to the General Partner.
Limitation on Allocation of Net Losses. Notwithstanding anything to the contrary herein, Net Losses of the Partnership shall not be allocated to a Limited Partner if such allocation would cause such Limited Partner to have an Adjusted Capital Account Deficit. Any such allocation of Net Losses shall be reallocated to the General Partner.

Related to Limitation on Allocation of Net Losses

  • Limitation on Allocation of Net Loss To the extent that any allocation of Net Loss would cause or increase an Adjusted Capital Account Deficit as to any Holder, such allocation of Net Loss shall be reallocated (x) first, among the other Holders of Partnership Common Units in accordance with their respective Percentage Interests with respect to Partnership Common Units and (y) thereafter, among the Holders of other classes of Partnership Units as determined by the General Partner, subject to the limitations of this Section 6.4.A(vi).

  • Allocation of Net Income and Net Loss Net Income or Net Loss of the Partnership shall be determined as of the end of each calendar year and as of the end of any interim period extending through the day immediately preceding any (i) disproportionate Capital Contribution, (ii) disproportionate distribution, (iii) Transfer of a Partnership Interest in accordance with the terms of this Agreement, or (iv) Withdrawal Event. If a calendar year includes an interim period, the determination of Net Income or Net Loss for the period extending through the last day of the calendar year shall include only that period of less than twelve (12) months occurring from the day immediately following the last day of the latest interim period during the calendar year and extending through the last day of the calendar year. For all purposes, including income tax purposes, Net Income, if any, of the Partnership for each calendar year or interim period shall be allocated among the Partners in proportion to their respective Partnership Percentages for the calendar year or interim period. In the event of a Net Loss for a particular calendar year or interim period, then, for such calendar year or interim period, the Net Loss for such calendar year or interim period shall be allocated among the Partners in proportion to their respective Partnership Percentages for the calendar year or interim period.

Time is Money Join Law Insider Premium to draft better contracts faster.