Common use of Limitation on and Reallocation of Losses Clause in Contracts

Limitation on and Reallocation of Losses. At no time shall any allocations of Losses, or any item of loss or deduction, be made to a Member if and to the extent such allocation would cause such Member to have, or would increase the deficit in, any Adjusted Capital Account Deficit of such Member at the end of any fiscal year. To the extent any Losses or items are not allocated to one or more Members pursuant to the preceding sentence, such Losses shall be allocated to the Members to which such losses or items may be allocated without violation of this Section 6.5(a).

Appears in 3 contracts

Samples: Operating Agreement, Operating Agreement, Operating Agreement

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Limitation on and Reallocation of Losses. At no time shall any allocations of Net Losses, or any item of loss or deduction, be made to a Member if and to the extent such allocation would cause such Member to have, or would increase the deficit in, any Adjusted Capital Account Deficit of such Member at the end of any fiscal year. To the extent any Net Losses or items are not allocated to one or more Members pursuant to the preceding sentence, such Net Losses shall be allocated to the Members to which such losses or items may be allocated without violation of this Section 6.5(a)section 5.6.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Annies Homegrown Inc)

Limitation on and Reallocation of Losses. At no time shall any allocations of Losses, or any item of loss or deduction, be made to a Member if and to the extent such allocation would cause such Member to have, or would increase the deficit inincrease, any Adjusted Capital Account Deficit of such Member at the end of any fiscal year. To the extent any Losses or items are not allocated to one or more Members pursuant to the preceding sentence, such Losses shall be allocated to the Members to which such losses or items may be allocated without violation of this Section 6.5(a9.01(a).

Appears in 1 contract

Samples: Option Agreement (St Lawrence Seaway Corp)

Limitation on and Reallocation of Losses. At no time A Loss allocation shall any allocations of Losses, or any item of loss or deduction, not be made to a Member if and to the extent that such allocation would cause such Member to havehave an, or would increase the deficit inamount of its, any Adjusted Capital Account Deficit of such Member at the end of any fiscal yearFiscal Year or other accounting period. To A Loss allocation that would be made to a Member but for this Section 2.5D shall instead be made to the other Members to the extent any Losses or items are not allocated to one or more Members pursuant of and in proportion to the preceding sentence, amounts of such Losses shall be allocated to the Members to which such losses or items may Loss that they could then be allocated without violation of this Section 6.5(a)themselves having Adjusted Capital Account Deficits.

Appears in 1 contract

Samples: Generex Biotechnology Corp

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Limitation on and Reallocation of Losses. At no time shall any allocations of Losses, or any item of loss or deduction, be made to a Member if and to the extent such allocation would cause such Member to have, or would increase the deficit inincrease, any Adjusted Capital Account Deficit of such Member at the end of any fiscal year. To the extent any Losses or items are not allocated to one or more Members pursuant to the preceding sentence, such Losses shall be allocated to the Members to which such losses or items may be allocated without violation of this Section 6.5(aRule 9.01(a).

Appears in 1 contract

Samples: Limited Liability Company Agreement (St Lawrence Seaway Corp)

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