Common use of Limitation on Loss Allocation Clause in Contracts

Limitation on Loss Allocation. Losses allocated to a Member pursuant to Section 5.1 shall not exceed the maximum amount of losses that can be allocated without causing a Member to have an Adjusted Capital Account Deficit at the end of any Fiscal Year. In the event that any Member would have an Adjusted Capital Account Deficit as a consequence of an allocation of losses pursuant to Section 5.1, the amount of losses that would be allocated to such Member but for the application of this Section 5.2 shall be allocated to the other Members to the extent that such allocations would not cause such Members to have an Adjusted Capital Account Deficit and allocated among such Members in proportion to their total Capital Contributions. Any allocation of items of loss pursuant to this Section 5.2 shall be taken into account in computing subsequent allocations pursuant to Section 5.1, and prior to any allocation of items in such Section so that the net amount of any items allocated to each Member pursuant to Section 5.1 and this Section 5.2 shall, to the maximum extent practicable, be equal to the net amount that would have been allocated to each Member pursuant to the provisions of Section 5.1 and this Section 5.2 if such allocation under this Section 5.2 had not occurred.

Limitation on Loss Allocation. Losses Net Loss (and items thereof) allocated to a Member Shareholder pursuant to Section 5.1 8.2 shall not exceed the maximum amount of losses that can be allocated without causing a Member such Shareholder to have an Adjusted Capital Account Deficit at the end of any Fiscal Year. In the event that any Member Shareholder would have an Adjusted Capital Account Deficit as a consequence of an allocation of losses Net Loss pursuant to Section 5.18.2, the amount of losses Net Loss that would be allocated to such Member Shareholder but for the application of this Section 5.2 8.3 shall be allocated to the other Members Shareholders in proportion to their Percentage Interests to the extent that such allocations would not cause any such Members Shareholder to have an Adjusted Capital Account Deficit and allocated among such Members in proportion to their total Capital Contributions(or not be consistent with the Treasury Regulations promulgated under Section 704(b) of the Code). Any allocation of items of loss Net Loss pursuant to this Section 5.2 8.3 shall be taken into account in computing subsequent allocations of Net Income (and items thereof) pursuant to Section 5.18.2, and prior to any allocation of items in such Section 8.2 so that the net amount of any items allocated to each Member Shareholder pursuant to Section 5.1 8.2 and this Section 5.2 8.3 shall, to the maximum extent practicable, be equal to the net amount that would have been allocated to each Member Shareholder pursuant to the provisions of Section 5.1 8.2 and this Section 5.2 8.3 if such allocation under this Section 5.2 8.3 had not occurred.

Limitation on Loss Allocation. Losses allocated to a Member pursuant to Section 5.1 4.1 shall not exceed the maximum amount of losses that can be allocated without causing a Member to have an Adjusted Capital Account Deficit at the end of any Fiscal Year. In the event that any Member would have an Adjusted Capital Account Deficit as a consequence of an allocation of losses pursuant to Section 5.14.1, the amount of losses that would be allocated to such Member but for the application of this Section 5.2 4.2 shall be allocated to the other Members to the extent that such allocations would not cause such Members to have an Adjusted Capital Account Deficit and allocated among such Members in proportion to their total Capital ContributionsPercentage Interests. Any allocation of items of loss pursuant to this Section 5.2 4.2 shall be taken into account in computing subsequent allocations pursuant to Section 5.14.1, and prior to any allocation of items in such Section so that the net amount of any items allocated to each Member pursuant to Section 5.1 4.1 and this Section 5.2 4.2 shall, to the maximum extent practicable, be equal to the net amount that would have been allocated to each Member pursuant to the provisions of Section 5.1 4.1 and this Section 5.2 4.2 if such allocation under this Section 5.2 4.2 had not occurred.

Limitation on Loss Allocation. Net Losses allocated to a Member pursuant to Section 5.1 shall not exceed the maximum amount of losses that can be allocated without causing a Member to have an Adjusted Capital Account Deficit at the end of any Fiscal Year. In the event that any Member would have an Adjusted Capital Account Deficit as a consequence of an allocation of losses pursuant to Section 5.1, the amount of losses that would shall be allocated to such Member but for only in an amount that will not create or increase an Adjusted Capital Account Deficit. The Net Loss that would, absent the application of this Section 5.2 the preceding sentence, otherwise be allocated to such Member shall be allocated to the other Members in proportion to their relative Capital Percentages to the extent that such allocations would not cause such Members to have an Adjusted Capital Account Deficit and allocated among such Members in proportion to their total Capital ContributionsDeficit. Any allocation of items of loss pursuant to this Section 5.2 shall be taken into account in computing subsequent allocations pursuant to Section 5.1, and prior to any allocation of items in such Section so that the net amount of any items allocated to each Member pursuant to Section 5.1 and this Section 5.2 shall, to the maximum extent practicable, be equal to the net amount that would have been allocated to each Member pursuant to the provisions of Section 5.1 and this Section 5.2 if such allocation under this Section 5.2 had not occurred.

Limitation on Loss Allocation. Losses allocated to a Member pursuant to Section 5.1 6.1(b) shall not exceed the maximum amount of losses that can be allocated without causing a Member to have an Adjusted Capital Account Deficit at the end of any Fiscal Year. In the event that any Member would have an Adjusted Capital Account Deficit as a consequence of an allocation of losses pursuant to Section 5.16.1(b), the amount of losses that would be allocated to such Member but for the application of this Section 5.2 6.2 shall be allocated to the other Members (to the extent that such allocations would not cause such Members to have an Adjusted Capital Account Deficit and allocated among such Members Deficit) in proportion to their total Capital ContributionsPercentage Interests. Any allocation of items of loss income, gain, loss, deduction or credit pursuant to this Section 5.2 6.2 shall be taken into account in computing subsequent allocations pursuant to Section 5.16.1, and prior to any allocation of items in such Section so that the net amount of any items allocated to each Member pursuant to Section 5.1 6.1 and this Section 5.2 6.2 shall, to the maximum extent practicable, be equal to the net amount that would have been allocated to each Member pursuant to the provisions of Section 5.1 6.1 and this Section 5.2 6.2 if such allocation under this Section 5.2 6.2 had not occurred.

Limitation on Loss Allocation. Losses allocated to a Member pursuant to Section 5.1 7.1 shall not exceed the maximum amount of losses that can be allocated without causing a Member to have an Adjusted Capital Account Deficit at the end of any Fiscal Year. In the event that any Member would have an Adjusted Capital Account Deficit as a consequence of an allocation of losses pursuant to Section 5.17.1, the amount of losses that would be allocated to such Member but for the application of this Section 5.2 7.2 shall be allocated to the other Members to the extent that such allocations would not cause such Members to have an Adjusted Capital Account Deficit and allocated among such Members in proportion to their total Capital Contributions. Any allocation of items of loss pursuant to this Section 5.2 7.2 shall be taken into account in computing subsequent allocations pursuant to Section 5.17.1, and prior to any allocation of items in such Section so that the net amount of any items allocated to each Member pursuant to Section 5.1 7.1 and this Section 5.2 7.2 shall, to the maximum extent practicable, be equal to the net amount that would have been allocated to each Member pursuant to the provisions of Section 5.1 7.1 and this Section 5.2 7.2 if such allocation under this Section 5.2 7.2 had not occurred.

Limitation on Loss Allocation. Net Losses allocated to a Member pursuant to Section 5.1 shall not exceed the maximum amount of losses Net Losses that can be allocated without causing a Member to have an Adjusted Capital Account Deficit at the end of any Fiscal Year. In the event that any Member would have an Adjusted Capital Account Deficit as a consequence of an allocation of losses Net Losses pursuant to Section 5.1, the amount of losses Net Losses that would be allocated to such Member but for the application of this Section 5.2 shall be allocated to the other Members to the extent that such allocations would not cause such Members to have an Adjusted Capital Account Deficit and allocated to such extent among such Members in proportion to their total Capital ContributionsPercentage Interests. Any allocation of items of loss Net Losses pursuant to this Section 5.2 shall be taken into account in computing subsequent allocations pursuant to Section 5.1, and prior to any allocation of items in such Section so that the net amount of any items allocated to each Member pursuant to Section 5.1 and this Section 5.2 shall, to the maximum extent practicable, be equal to the net amount that would have been allocated to each Member pursuant to the provisions of Section 5.1 and this Section 5.2 if such allocation under this Section 5.2 had not occurred.