Limitation on Loss Allocations. The Losses allocated to any Member pursuant to Section 7.1(b) with respect to any Fiscal Year shall not exceed the maximum amount of Losses that can be so allocated without causing such Member to have a negative Adjusted Capital Account at the end of such Fiscal Year if any other Member has a positive Adjusted Capital Account balance. All Losses in excess of the limitation set forth in this Section 7.1(c)(i) shall be allocated (1) first, to those Members who will not be subject to this limitation, in the ratio that their Ownership Percentages bear to each other, and (2) second, any remaining amount to the Members in the manner required by the Code and the Regulations.
Appears in 2 contracts
Samples: Limited Liability Company Agreement (MSW Energy Hudson LLC), Limited Liability Company Agreement (MSW Energy Finance Co Inc)
Limitation on Loss Allocations. The Losses allocated to any Member pursuant to Section 7.1(b) with respect to any Fiscal Year shall not exceed the maximum amount of Losses that can be so allocated without causing such Member to have a negative an Adjusted Capital Account Deficit at the end of such Fiscal Year if any other Member has a positive Adjusted Capital Account balance. All Losses in excess of the limitation set forth in this Section 7.1(c)(i) shall be allocated (1) first, to those Members who will not be subject to this limitation, in the ratio that their Ownership Percentages Membership Interests bear to each other, and (2) second, any remaining amount to the Members in the manner required by the Code and the Regulations.
Appears in 2 contracts
Samples: LLC Agreement (MSW Energy Hudson LLC), LLC Agreement (Uae Ref Fuel Ii Corp)
Limitation on Loss Allocations. The Losses allocated to any Member pursuant to Section 7.1(b) 6.1.1 with respect to any Fiscal Year shall not exceed the maximum amount of Losses that can be so allocated without causing such Member to have a negative an Adjusted Capital Account Deficit at the end of such Fiscal Year if any other Member has a positive Adjusted Capital Account balanceYear. All Losses in excess of the limitation set forth in this Section 7.1(c)(i) immediately above shall be allocated (1i) first, to those Members who will not be subject to this limitation, in the ratio that their Ownership Percentages Sharing Ratios bear to each other, and (2ii) second, any remaining amount to the Members in the manner required by the Code and the Treasury Regulations.
Appears in 1 contract
Limitation on Loss Allocations. The Losses allocated to any Member pursuant to Section 7.1(b5.03(b) with respect to any Fiscal Year shall not exceed the maximum amount of Losses that can be so allocated without causing such Member to have a negative an Adjusted Capital Account Deficit at the end of such Fiscal Year if any other Member has a positive Adjusted Capital Account balanceYear. All Losses in excess of the limitation set forth in this Section 7.1(c)(i5.03(c)(i)(A) shall be allocated (1) first, to those Members who will not be subject to this limitation, in the ratio that their Ownership Percentages Sharing Ratios bear to each other, and (2) second, any remaining amount to the Members in the manner required by the Code and the Regulations.
Appears in 1 contract
Samples: Limited Liability Company Agreement (NRG Retail LLC)
Limitation on Loss Allocations. The Losses allocated to any Member pursuant to Section 7.1(b) with respect to any Fiscal Year shall not exceed the maximum amount of Losses that can be so allocated without causing such Member to have a negative an Adjusted Capital Account Deficit at the end of such Fiscal Year if any other Member has a positive Adjusted Capital Account balance. All Losses in excess of the limitation set forth in this Section 7.1(c)(i) shall be allocated (1) first, to those Members who will not be subject to this limitation, in the ratio that their Ownership Percentages bear to each other, and (2) second, any remaining amount to the Members in the manner required by the Code and the Regulations.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Uae Ref Fuel Ii Corp)
Limitation on Loss Allocations. The Losses allocated to any Member pursuant to Section 7.1(b) 6.6 with respect to any Fiscal Allocation Year shall not exceed the maximum amount of Losses that can be so allocated without causing such Member to have a negative Adjusted Capital Account at the end of such Fiscal Year if any other Member has a positive Adjusted Capital Account balanceAllocation Year. All Losses otherwise allocable to a Member in excess of the limitation set forth in this Section 7.1(c)(i6.7(d) shall be allocated (1i) first, to those Members who will are not be subject to this limitation, limitation in the ratio that their Ownership Percentages bear to each otheraccordance with Section 6.6, and (2ii) second, any remaining amount to the Members in the manner required by the Code and the Treasury Regulations.
Appears in 1 contract
Limitation on Loss Allocations. The Losses allocated to any Member pursuant to Section 7.1(b4.2(b) with respect to any Fiscal Year shall not exceed the maximum amount of Losses that can be so allocated without causing such Member to have a negative an Adjusted Capital Account Deficit at the end of such Fiscal Year if any other Member has a positive Adjusted Capital Account balanceYear. All Losses in excess of the limitation set forth in this Section 7.1(c)(i4.2(c)(i) (the “Excess Losses”) shall be allocated (1) first, to those Members who will not be subject to this limitation, in the ratio that their Ownership Percentages Percentage Interests bear to each other, and (2) second, any remaining amount to the Members in the manner required by the Code and the Regulations.
Appears in 1 contract