Limitation on Loss Allocations. The Losses allocated pursuant to Section 10.2(b) shall not exceed the maximum amount of Losses that can be allocated without causing any Member to have a deficit balance in such Member’s Capital Account at the end of any Fiscal Year (decreased by the amount such Member is deemed to be obligated to restore pursuant to the penultimate sentences of Treasury Regulations 1.704-2(g)(1) and 1.704-2(i)(5), and increased by the items set forth in Treasury Regulations 1.704-1(b)(2)(ii)(d)(4), (5) or (6)). All Losses in excess of the limitations set forth in this paragraph shall be allocated among the Members, pro rata, to the extent each, respectively, is liable, exposed or otherwise bears the economic risk of loss with respect to any debt or other obligation of the Company.
Appears in 2 contracts
Samples: Limited Liability Company Agreement (Atlas Pipeline Partners Lp), Limited Liability Company Agreement (Atlas Pipeline Partners Lp)
Limitation on Loss Allocations. The Losses allocated pursuant to Section 10.2(b) shall not exceed the maximum amount of Losses that can be allocated without causing any Member to have a deficit balance in such Member’s 's Capital Account at the end of any Fiscal Year (decreased by the amount such Member is deemed to be obligated to restore pursuant to the penultimate sentences of Treasury Regulations 1.704-2(g)(1) and 1.704-2(i)(5), and increased by the items set forth in Treasury Regulations 1.704-1(b)(2)(ii)(d)(4), (5) or (6)). All Losses in excess of the limitations set forth in this paragraph shall be allocated among the Members, pro rata, to the extent each, respectively, is liable, exposed or otherwise bears the economic risk of loss with respect to any debt or other obligation of the Company.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Atlas Pipeline Holdings, L.P.)
Limitation on Loss Allocations. The Losses allocated pursuant to Section 10.2(b) 5.1 shall not exceed the maximum amount of Losses that can be allocated without causing any Member to have a deficit balance in such Member’s 's Capital Account at the end of any Fiscal Year (decreased by the amount such Member is obligated to restore to the Company and the amount such Member is deemed to be obligated to restore pursuant to the penultimate sentences of Treasury Regulations 1.704Regulation ss.1.704-2(g)(1) ), and 1.704ss.1.704-2(i)(5), and increased by the items set forth in Treasury Regulations 1.704Regulation ss.1.704-1(b)(2)(ii)(d)(42(b)(2)(ii)(d)(4), (5) or (6)). All Losses in excess of the limitations limitation set forth in this paragraph shall be allocated among the Member or Members, pro pro-rata, to the extent each, respectively, is liable, exposed or otherwise bears the economic risk of loss with respect to any debt or other obligation of the Company.
Appears in 1 contract
Samples: Operating Agreement (Snap on Inc)