Limitations on Loss Allocation. Notwithstanding any other provision of this Agreement to the contrary, no item of loss or deduction of the Company shall be allocated to a Member if such allocation would result in a negative balance in such Member’s Capital Account. Such loss or deduction shall be allocated first among the Members with positive balances in their Capital Accounts in proportion to (and to the extent of) such positive balances, and thereafter in accordance with their interests in the Company as determined under Section 1.704-1(b)(3) of the Treasury Regulations.
Appears in 21 contracts
Samples: Organization Agreement, Organization Agreement (Kenmar Global Trust), Organization Agreement (Futures Strategic Trust)
Limitations on Loss Allocation. Notwithstanding any other provision of this Agreement to the contrary, no item of loss or deduction of the Company shall be allocated to a Member if to the extent that such allocation would result in a negative balance in such Member’s Adjusted Capital Account. Such Any such loss or deduction shall be allocated first among the Members with positive balances in their Capital Accounts in proportion to (and to the extent of) such positive balances, and thereafter in accordance with their interests in the Company Interests as determined under Section Treas. Reg. §1.704-1(b)(3) of the Treasury Regulations).
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Samples: Limited Liability Company Agreement (Dynegy Inc /Il/), Limited Liability Company Agreement (Dynegy Inc /Il/)
Limitations on Loss Allocation. Notwithstanding any other provision of this Agreement to the contrary, no No item of loss or deduction of the Company shall be allocated to a Member if such allocation would result in a negative balance in such Member’s 's Adjusted Capital Account. Such loss or deduction shall be allocated first among the Members with positive balances in their Capital Accounts in proportion to (and to the extent of) such positive balances, balances and thereafter in accordance with their interests in the Company as determined under Section 1.704-1(b)(3) of the Treasury Regulations.)
Appears in 2 contracts
Samples: Limited Liability Company Agreement (Corn Products International Inc), Limited Liability Company Agreement (Minnesota Corn Processors LLC)
Limitations on Loss Allocation. Notwithstanding any other provision of this Agreement to the contrary, no item of loss or deduction of the Company shall be allocated to a Member if such allocation would result in a negative balance in such Member’s Adjusted Capital Account. Such loss or deduction shall be allocated first among the Members with positive balances in their Capital Accounts in proportion to (and to the extent of) such positive balances, balances and thereafter in accordance with their interests in the Company as determined under Section 1.704-1(b)(3) of the Treasury Regulations.
Appears in 1 contract
Samples: Limited Liability Company Agreement (SS&C Technologies Holdings Inc)
Limitations on Loss Allocation. Notwithstanding any other provision Section of this Agreement to the contrary, no item of loss or deduction of the Company shall be allocated to a Member Shareholder if such allocation would result in a negative balance in such MemberShareholder’s Adjusted Capital Account. Such loss or deduction shall be allocated first among the Members Shareholders with positive balances in their Adjusted Capital Accounts in proportion to (and to the extent of) such positive balances, balances and thereafter in accordance with their interests in the Company as determined under Section 1.704-1(b)(3) of the Treasury Regulations.
Appears in 1 contract
Samples: Operating Agreement (ServiceMaster Consumer Services Limited Partnership)
Limitations on Loss Allocation. Notwithstanding any other provision of this Agreement to the contrary, no Loss or item of loss or deduction of the Company LLC shall be allocated to a Member if such allocation would result in a negative balance in such Member’s Adjusted Capital Account. Such Loss or item of loss or deduction shall be allocated first among the Members with positive balances in their Capital Accounts in proportion to (and to the extent of) such positive balances, balances and thereafter in accordance with their interests in the Company as determined under Section 1.704-1(b)(3) of the Treasury Regulationsrespective Membership Units.
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