Limitations on Net Loss Allocations. With respect to any Member, notwithstanding the provisions of Section 6.4(a), the amount of Net Losses for any Fiscal Year or other period that would otherwise be allocated to a Member under Section 6.4(a) shall not cause or increase a deficit Adjusted Capital Account Balance. Any Net Losses in excess of the limitation set forth in this Section 6.4(b)(v) shall be allocated among the Members, pro rata, to the extent each, respectively, is liable or exposed with respect to any debt or other obligations of the Company.
Appears in 5 contracts
Samples: Limited Liability Company Operating Agreement (National CineMedia, Inc.), Limited Liability Company Operating Agreement (Marquee Holdings Inc.), Limited Liability Company Operating Agreement (Amc Entertainment Inc)
Limitations on Net Loss Allocations. With respect to any Member, notwithstanding the provisions of Section 6.4(a), the amount of Net Losses for any Fiscal Year or other period that would otherwise be allocated to a Member under Section 6.4(a) shall not cause or increase a deficit Adjusted Capital Account Balance. Any Net Losses in excess of the limitation set forth in this Section 6.4(b)(v6.3(b)(v) shall be allocated among the Members, pro rata, to the extent each, respectively, is liable or exposed with respect to any debt or other obligations of the Company.
Appears in 3 contracts
Samples: Limited Liability Company Operating Agreement (RHI Entertainment, Inc.), Limited Liability Company Operating Agreement (RHI Entertainment, Inc.), Limited Liability Company Operating Agreement (RHI Entertainment, Inc.)
Limitations on Net Loss Allocations. With respect to any Member, notwithstanding the provisions of Section 6.4(a6.3(a), the amount of Net Losses for any Fiscal Year or other period that would otherwise be allocated to a Member under Section 6.4(a6.3(a) shall not cause or increase a deficit Adjusted Capital Account Balance. Any Net Losses in excess of the limitation set forth in this Section 6.4(b)(v6.3(b)(v) shall be allocated among the Members, Members pro rata, rata to the extent each, respectively, is liable or exposed with respect to any debt or other obligations of the Company.
Appears in 3 contracts
Samples: Limited Liability Company Agreement (Cloud Peak Energy Inc.), Limited Liability Company Agreement (Cloud Peak Energy Inc.), Limited Liability Company Agreement (Cloud Peak Energy Inc.)
Limitations on Net Loss Allocations. With respect to any Member, notwithstanding the provisions of Section 6.4(a), the amount of Net Losses Loss for any Fiscal Year or other period that would otherwise be allocated to a Member under Section 6.4(a) shall not cause or increase a deficit Adjusted Capital Account Balance. Any Net Losses Loss in excess of the limitation set forth in this Section 6.4(b)(v) shall be allocated among the Members, pro rata, to the extent each, respectively, is liable or exposed with respect to any debt or other obligations of the Company.
Appears in 1 contract
Samples: Limited Liability Company Operating Agreement (National CineMedia, Inc.)
Limitations on Net Loss Allocations. With respect to any Member, notwithstanding the provisions of Section 6.4(a)2.1, the amount of Net Losses for any Fiscal Year (or other period applicable period) that would otherwise be allocated to a Member under Section 6.4(a) 2.1 shall not cause or increase a deficit an Adjusted Capital Account BalanceDeficit. Any Net Losses Loss in excess of the limitation set forth in this Section 6.4(b)(v) 3.5 shall be allocated among the Members, pro rata, to the extent each, respectively, is liable or exposed with respect to any debt or other obligations of the Company.
Appears in 1 contract
Samples: Limited Liability Company Operating Agreement (Regal Entertainment Group)
