Common use of Loss Limitation Clause in Contracts

Loss Limitation. Losses allocated pursuant to Section 4.2 shall not exceed the maximum amount of Losses that can be allocated without causing any Member to have an Adjusted Capital Account Deficit at the end of any Allocation Year. In the event some but not all of the Members would have Adjusted Capital Account Deficits as a consequence of an allocation of Losses pursuant to Section 4.2, the limitation set forth in this Section 4.5 shall be applied on a Member-by-Member basis, and Losses not allocable to any Member as a result of such limitation shall be allocated to the other Members in accordance with the positive balances in such Members’ Capital Accounts so as to allocate the maximum permissible Losses to each Member under Section 1.704-1(b)(2)(ii)(d) of the Regulations.

Loss Limitation. Losses Net Loss allocated pursuant to Section 4.2 5.04 hereof shall not exceed the maximum amount of Losses Net Loss that can be allocated without causing any Member to have an Adjusted Capital Account Deficit at the end of any Allocation Year. In the event some but not all of the Members would have Adjusted Capital Account Deficits as a consequence of an allocation of Losses Net Loss pursuant to Section 4.25.04 hereof, the limitation set forth in this Section 4.5 5.04(d) shall be applied on a Member-by-Member basis, by Member basis and Losses Net Loss not allocable to any Member as a result of such limitation shall be allocated to the other Members in accordance with the positive balances in such Members’ Member’s Capital Accounts so as to allocate the maximum permissible Losses Net Loss to each Member under Treasury Regulations Section 1.704-1(b)(2)(ii)(d) of the Regulations).

Loss Limitation. Losses allocated pursuant to Section 4.2 5.2 shall not exceed the maximum amount of Losses that can be allocated without causing any Member to have an Adjusted Capital Account Deficit at the end of any Allocation Year. In the event some but not all of the Members would have Adjusted Capital Account Deficits as a consequence of an allocation of Losses pursuant to Section 4.25.2, the limitation set forth in this Section 4.5 5.5 shall be applied on a Member-by-Member basis, by Member basis and Losses not allocable to any Member as a result of such limitation shall be allocated to the other Members in accordance with the positive balances in such Members’ Member’s Capital Accounts so as to allocate the maximum permissible Losses to each Member under Treasury Regulations Section 1.704-1(b)(2)(ii)(d) of the Regulations).

Loss Limitation. Losses allocated pursuant to Section 4.2 5.1 shall not exceed the maximum amount of Losses that can be allocated without causing any Member to have an Adjusted Capital Account Deficit at the end of any Allocation Year. In the event some but not all of the Members would have Adjusted Capital Account Deficits as a consequence of an allocation of Losses pursuant to Section 4.25.1, the limitation set forth in this Section 4.5 5.4 shall be applied on a Member-by-Member basis, by Member basis and Losses not allocable to any Member as a result of such limitation shall be allocated to the other Members in accordance with the positive balances in such Members’ Capital Accounts so as to allocate the maximum permissible Losses to each Member under Regulations Section 1.704-1(b)(2)(ii)(d) of the Regulations).

Loss Limitation. Losses allocated pursuant to Section 4.2 5.2 hereof shall not exceed the maximum amount of Losses that can be allocated without causing any Member to have an Adjusted Capital Account Deficit at the end of any Allocation Taxable Year. In the event some but not all of the Members would have Adjusted Capital Account Deficits as a consequence of an allocation of Losses pursuant to Section 4.25.2 hereof, the limitation set forth in this Section 4.5 5.5 shall be applied on a Member-by-Member basis, by Member basis and Losses not allocable to any Member as a result of such limitation shall be allocated to the other Members pro rata in accordance with the positive balances in such Members’ ' Capital Accounts so as to allocate the maximum permissible Losses to each Member under Section 1.704-1(b)(2)(ii)(d) of the Regulations.

Loss Limitation. Losses allocated pursuant to Section 4.2 3.1 shall not exceed the maximum amount of Losses that can be allocated without causing any Member to have an Adjusted Capital Account Deficit at the end of any Allocation Year. In the event some but not all of the Members would have Adjusted Capital Account Deficits as a consequence of an allocation of Losses pursuant to Section 4.23.1 hereof, the limitation set forth in this Section 4.5 3.4 shall be applied on a Member-by-Member basis, and Losses not allocable to any Member as a result of such limitation shall be allocated to the other Members in accordance with the positive balances in such Members’ Member’s Aggregate Capital Accounts so as to allocate the maximum permissible Losses to each Member under Section 1.704-1(b)(2)(ii)(d) of the Regulations.

Loss Limitation. Losses allocated pursuant to Section 4.2 3 of the Agreement shall not exceed the maximum amount of Losses that can be allocated without causing any Member to have an Adjusted Capital Account Deficit at the end of any Allocation Year. In the event some but not all of the Members would have Adjusted Capital Account Deficits as a consequence of an allocation of Losses pursuant to Section 4.23 of the Agreement, the limitation set forth in this Section 4.5 Paragraph 3 shall be applied on a Member-by-Member basis, by Member basis and Losses not allocable to any Member as a result of such limitation shall be allocated to the other Members in accordance with the positive balances in such Members’ Member's Capital Accounts so as to allocate the maximum permissible Losses to each Member under Section 1.704-1(b)(2)(ii)(d) of the Regulations.

Loss Limitation. Losses allocated pursuant to Section 4.2 E.2 thereof shall not exceed the maximum amount of Losses that can be allocated without causing any Member to have an Adjusted Capital Account Deficit at the end of any Allocation Fiscal Year. In the event some but not all of the Members would have Adjusted Capital Account Deficits as a consequence of an allocation of Losses pursuant to Section 4.2E.2, the limitation set forth in this Section 4.5 E.3(h) shall be applied on a Member-by-Member basis, by Member basis and Losses not allocable allocated to any Member as a result of such limitation shall be allocated to the other Members in accordance with the positive balances in such Members’ Member’s Capital Accounts so as to allocate the maximum permissible Losses to each Member under Treasury Regulation Section 1.704-1(b)(2)(ii)(d) of the Regulations).

Loss Limitation. Net Losses allocated pursuant to Section 4.2 Sections 4.4 and 4.5 shall not exceed the maximum amount of Net Losses that can be allocated without causing any Member to have an Adjusted Capital Account Deficit at the end of any Allocation Yearyear. In the event some but not all of the Members would have Adjusted Capital Account Deficits as a consequence of an allocation of Net Losses pursuant to Section 4.2Sections 4.4 and 4.5, the limitation set forth in this Section 4.5 4.6 shall be applied on a Member-by-an Member by Member basis, and Net Losses not allocable to any Member as a result of such limitation shall be allocated to the other Members in accordance with the positive balances in such Members’ Capital Accounts so as to allocate the maximum permissible Net Losses to each Member under Regulations Section 1.704-1(b)(2)(ii)(d) of the Regulations).

Loss Limitation. Losses allocated pursuant to Section 4.2 3 of the Agreement shall not exceed the maximum amount of Losses that can be allocated without causing any Member to have an Adjusted Capital Account Deficit at the end of any Allocation Year. In the event some but not all of the Members would have Adjusted Capital Account Deficits as a consequence of an allocation of Losses pursuant to Section 4.23 of the Agreement, the limitation set forth in this Section 4.5 Paragraph 3 shall be applied on a Member-by-Member basis, by Member basis and Losses not allocable to any Member as a result of such limitation shall be allocated to the other Members in accordance with the positive balances in such Members’ Member's Capital Accounts so as to allocate the maximum permissible Losses to each Member under Section 1.704-1(b)(2)(ii)(d) of - the Regulations.

Loss Limitation. Net Losses allocated pursuant to Section 4.2 Paragraph 1.2 above shall not exceed the maximum amount of Net Losses that can be allocated without causing any Member (or, as applicable, Holder) to have an Adjusted Capital Account Deficit at the end of any Allocation Fiscal Year. In the event some but not all of the Members would have Adjusted Capital Account Deficits as a consequence of an allocation of Net Losses pursuant to Section 4.2Paragraph 1.2, the limitation set forth in this Section 4.5 Paragraph 1.5 shall be applied on a Member-by-Member basis, by Member basis and Net Losses not allocable to any Member as a result of such limitation shall be allocated to the other Members in accordance with the positive balances in such Members’ Capital Accounts so as to allocate the maximum permissible Net Losses to each Member under Treasury Regulations Section 1.704-1(b)(2)(ii)(d) of the Regulations).

Loss Limitation. Losses allocated pursuant to Section 4.2 9.3(a) hereof shall not exceed the maximum amount of Losses that can be allocated without causing any Member to have an Adjusted Capital Account Deficit at the end of any Allocation Yeartaxable year or other period for which allocations are made. In the event some but not all of the Members would have Adjusted Capital Account Deficits as a consequence of an allocation of Losses pursuant to Section 4.29.3(a) hereof, the limitation set forth in this Section 4.5 9.3(d) shall be applied on a Member-by-Member basis, by Member basis and Losses not allocable to any Member as a result of such limitation shall be allocated to the other Members in accordance with the positive balances in such other Members’ Capital Accounts so as to allocate the maximum permissible Losses to each Member under Regulations Section 1.704-1(b)(2)(ii)(d) of the Regulations).

Loss Limitation. Losses allocated pursuant to Section 4.2 7.1 shall not exceed the maximum amount of Losses that can be allocated without causing any Member to have an Adjusted Capital Account Deficit at the end of any Allocation YearFiscal Year (or increase any existing Adjusted Capital Account Deficit). In the event some but not all of the Members would have Adjusted Capital Account Deficits (or an increase in any existing Adjusted Capital Account Deficit) as a consequence of an allocation of Losses pursuant to Section 4.27.1, the limitation set forth in this Section 4.5 7.4 shall be applied on a Member-by-Member basis, basis and Losses not allocable to any Member as a result of such limitation shall be allocated to the other Members in accordance with the positive balances in such other Members’ respective Capital Accounts so as to allocate the maximum permissible Losses to each Member under Treasury Regulations Section 1.704-1(b)(2)(ii)(d) of the Regulations).

Loss Limitation. Losses allocated pursuant to Section 4.2 3.1 hereof shall not exceed the maximum amount of Losses that can be allocated without causing any Member to have an Adjusted Capital Account Deficit at the end of any Allocation Year. In the event some some, but not all all, of the Members would have Adjusted Capital Account Deficits as a consequence of an allocation of Losses pursuant to Section 4.23.1, the limitation set forth in this Section 4.5 3.4 shall be applied on a Member-by-Member basis, by Member basis and Losses not allocable to any Member as a result of such limitation shall be allocated to the other Members in accordance with the positive balances in such Members’ Member’s Capital Accounts so as to allocate the maximum permissible Losses to each Member under Regulations Section 1.704-1(b)(2)(ii)(d) of the Regulations).

Loss Limitation. Losses allocated pursuant to Section 4.2 hereof shall not exceed the maximum amount of Losses that can be allocated without causing any Member to have an Adjusted Capital Account Deficit at the end of any Allocation Year. In the event some but not all of the Members would have Adjusted Capital Account Deficits as a consequence of an allocation of Losses pursuant to Section 4.24.2 hereof, the limitation set forth in this Section 4.5 shall be applied on a Member-by-Member basis, and Losses not allocable to any Member as a result of such limitation shall be allocated to the other Members in accordance with the positive balances in such Members’ Capital Accounts so as to allocate the maximum permissible Losses to each Member under Section 1.704-1(b)(2)(ii)(d) of the Regulations.

Loss Limitation. Losses allocated pursuant to Section 4.2 5.1 hereof shall not exceed the maximum amount of Losses that can be allocated without causing any Member to have an Adjusted Capital Account Deficit at the end of any Allocation Fiscal Year. In the event some but not all of the Members would have Adjusted Capital Account Deficits as a consequence of an allocation of Losses pursuant to Section 4.25.1 hereof, the limitation set forth in this Section 4.5 5.1.1 shall be applied on a Member-by-Member basis, by Member basis and Losses not allocable to any Member as a result of such limitation shall be allocated to the other Members in accordance with the positive balances in such Members’ Member's Capital Accounts so as to allocate the maximum permissible Losses to each Member under Section 1.704-1(b)(2)(ii)(d) of the Regulations.

Loss Limitation. Losses allocated pursuant to Section 4.2 3.2 hereof shall not exceed the maximum amount of Losses that can be allocated without causing any Member to have an Adjusted Capital Account Deficit at the end of any Allocation Year. In the event some but not all of the Members would have Adjusted Capital Account Deficits as a consequence of an allocation of Losses pursuant to Section 4.23.2 hereof, the limitation set forth in this Section 4.5 3.5 shall be applied on a Member-by-Member basis, by Member basis and Losses not allocable to any Member as a result of such limitation shall be allocated to the other Members in accordance with the positive balances in such Members’ Member's Capital Accounts so as to allocate the maximum permissible Losses to each Member under Section 1.704-1(b)(2)(ii)(d) of the Regulations.

Loss Limitation. Losses allocated pursuant to Section 4.2 hereof shall not exceed the maximum amount of Losses that can be allocated without causing any Member to have an Adjusted Capital Account Deficit at the end of any Allocation Year. In the event some but not all of the Members would have Adjusted Capital Account Deficits as a consequence of an allocation of Losses pursuant to Section 4.24.2 hereof, the limitation set forth in this Section 4.5 shall be applied on a Member-by-Member basis, and Losses not allocable to any Member as a result of such limitation shall be allocated to the other Members in accordance with the positive balances in such Members’ ' Capital Accounts so as to allocate the maximum permissible Losses to each Member under Section 1.704-1(b)(2)(ii)(d) of the Regulations.

Loss Limitation. Losses allocated pursuant to Section 4.2 4.1 shall not exceed the maximum amount of Losses that can be allocated without causing any Member to have an Adjusted Capital Account Deficit at the end of any Allocation Year. In the event some but not all of the Members would have Adjusted Capital Account Deficits as a consequence of an allocation of Losses pursuant to Section 4.24.1, the limitation set forth in this Section 4.5 4.2(g) shall be applied on a Member-by-Member basis, and Losses not allocable to any Member as a result of such limitation shall be allocated to the other Members in accordance with the positive balances in such Members’ Capital Accounts so as to allocate the maximum permissible Losses to each Member under Section 1.704-1(b)(2)(ii)(d) of the Regulations.

Loss Limitation. Losses allocated pursuant to Section 4.2 6.2 hereof shall not exceed the maximum amount of Losses that can be allocated without causing any Member to have an Adjusted Capital Account Deficit at the end of any Allocation Year. In the event some but not all of the Members would have Adjusted Capital Account Deficits as a consequence of an allocation of Losses pursuant to Section 4.26.2 hereof, the limitation set forth in this Section 4.5 6.5 shall be applied on a Member-by-Member basis, by Member basis and Losses not allocable to any Member as a result of such limitation shall be allocated to the other Members in accordance with the positive balances in such Members’ ' Capital Accounts so as to allocate the maximum permissible Losses to each Member under Section 1.704-1.704- 1(b)(2)(ii)(d) of the Regulations.

Loss Limitation. Losses allocated pursuant to Section 4.2 4.1 shall not exceed the maximum amount of Losses losses that can be allocated without causing any Member to have an Adjusted Capital Account Deficit at the end of any Allocation Tax Year. In the event some but not all of the Members would have Adjusted Capital Account Deficits as a consequence of an allocation of Losses losses pursuant to Section 4.24.1, the limitation set forth in this Section 4.5 4.4 shall be applied on a Member-by-Member basis, basis and Losses losses not allocable to any Member as a result of such limitation shall be allocated to the other Members in accordance with the positive balances in such Members’ Capital Accounts so as to allocate the maximum permissible Losses losses to each Member under Section section 1.704-1(b)(2)(ii)(d) of the Regulations.

Loss Limitation. Losses allocated pursuant to Section 4.2 5.1 shall not exceed the maximum amount of Net Losses that can be allocated without causing any Member to have an Adjusted Capital Account Deficit at the end of any Allocation Fiscal Year. In the event some but not all of the Members would have Adjusted Capital Account Deficits as a consequence of an allocation of Losses pursuant to Section 4.25.1, the limitation set forth in this Section 4.5 5.12 shall be applied on a Member-by-Member basis, by Member basis and Losses not allocable to any Member as a result of such limitation shall be allocated to the other Members in accordance with the positive balances in such Members’ Member's Capital Accounts so as to allocate the maximum permissible Losses to each Member under Regulations Section 1.704-1(b)(2)(ii)(d) of the Regulations).

Loss Limitation. Losses allocated pursuant to Section 4.2 5.2 hereof shall not exceed the maximum amount of Losses that can be allocated without causing any Member to have an Adjusted Capital Account Deficit at the end of any Allocation Year. In the event some but not all of the Members would have Adjusted Capital Account Deficits as a consequence of an allocation of Losses pursuant to Section 4.25.2 hereof, the limitation set forth in this Section 4.5 5.5 shall be applied on a Member-by-Member basis, by Member basis and Losses not allocable to any Member as a result of such limitation shall be allocated to the other Members in accordance with the positive balances in such Members’ Member's Capital Accounts so as to allocate the maximum permissible Losses to each Member under Section 1.704-1(b)(2)(ii)(d) of the Regulations.

Loss Limitation. Losses allocated pursuant to Section 4.2 shall not exceed the maximum amount of Losses that can be allocated without causing any Member to have an Adjusted Capital Account Deficit at the end of any Allocation Year. In the event some but not all of the Members would have Adjusted Capital Account Deficits as a consequence of an allocation of Losses pursuant to Section 4.2, the limitation set forth in this Section 4.5 shall be applied on a Member-by-Member basis, and Losses not allocable to any Member as a result of such limitation shall be allocated to the other Members in accordance with the positive balances in such Members’ Capital Accounts so as to allocate the maximum permissible Losses to each Member under Regulations Section 1.704-1(b)(2)(ii)(d) of the Regulations).

Loss Limitation. Net Losses allocated pursuant to Section 4.2 and Section 4.3 shall not exceed the maximum amount of Net Losses that can be allocated without causing any Member to have an Adjusted Capital Account Deficit at the end of any Allocation Yearyear. In the event some but not all of the Members would have Adjusted Capital Account Deficits as a consequence of an allocation of Net Losses pursuant to Section 4.24.2 and Section 4.3, the limitation set forth in this Section 4.5 4.4 shall be applied on a Member-by-Member basis, and Net Losses not allocable to any Member as a result of such limitation shall be allocated to the other Members in accordance with the positive balances in such Members’ Capital Accounts so as to allocate the maximum permissible Net Losses to each Member under Regulations Section 1.704-1(b)(2)(ii)(d) of the Regulations).

Loss Limitation. Losses allocated pursuant to Section 4.2 6.2 hereof shall not exceed the maximum amount of Losses that can be allocated without causing any Member to have an Adjusted Capital Account Deficit at the end of any Allocation Year. In the event some but not all of the Members would have Adjusted Capital Account Deficits as a consequence of an allocation of Losses pursuant to 22 22 Section 4.26.2 hereof, the limitation set forth in this Section 4.5 6.5 shall be applied on a Member-by-Member basis, by Member basis and Losses not allocable to any Member as a result of such limitation shall be allocated to the other Members in accordance with the positive balances in such Members’ ' Capital Accounts so as to allocate the maximum permissible Losses to each Member under Section 1.704-1.704- 1(b)(2)(ii)(d) of the Regulations.

Loss Limitation. Losses allocated pursuant to Section 4.2 11(a) hereof shall not exceed the maximum amount of Losses losses that can be allocated without causing any Member to have an Adjusted Capital Account Deficit at the end of any Allocation Year. In the event some but not all of the Members would have Adjusted Capital Account Deficits as a consequence of an allocation of Losses losses pursuant to Section 4.211(a) hereof, the limitation set forth in this Section 4.5 11(e) shall be applied on a Member-by-Member basis, by Member basis and Losses losses not allocable to any Member as a result of such limitation shall be allocated to the other Members in accordance with the positive balances in such Members’ Member’s Capital Accounts so as to allocate the maximum permissible Losses losses to each Member under Section 1.704-1(b)(2)(ii)(d1 (b)(2)(ii)(d) of the Regulations.

Loss Limitation. Losses allocated pursuant to Section 4.2 hereof shall not exceed the maximum amount of Losses that can be allocated without causing any Member to have an Adjusted Capital Account Deficit at the end of any Allocation Year. In the event some but not all of the Members would have Adjusted Capital Account Deficits as a consequence of an allocation of Losses pursuant to Section 4.24.2 hereof, the limitation set forth in this Section 4.5 shall be applied on a Member-by-Member basis, by Member basis and Losses not allocable to any Member as a result of such limitation shall be allocated to the other Members in accordance with the positive balances in such Members’ Member's Capital Accounts so as to allocate the maximum permissible Losses to each Member under Section 1.704-1(b)(2)(ii)(d) and Section 1.702(g)(i) of the Regulations.

Loss Limitation. Losses allocated pursuant to Section 4.2 5.2 hereof shall not exceed the maximum amount of Losses that can be allocated without causing any Member to have an Adjusted Capital Account Deficit at the end of any Allocation Taxable Year. In the event some but not all of the Members would have Adjusted Capital Account Deficits as a consequence of an allocation of Losses pursuant to Section 4.25.2 hereof, the limitation set forth in this Section 4.5 5.4 shall be applied on a Member-by-Member basis, by Member basis and Losses not allocable to any Member as a result of such limitation shall be allocated to the other Members pro rata in accordance with the positive balances in such Members’ ' Capital Accounts so as to allocate the maximum permissible Losses to each Member under Section 1.704-1(b)(2)(ii)(d) of the Regulations.

Loss Limitation. Losses allocated pursuant to Section 4.2 6.2 shall not exceed the maximum amount of Losses that can be allocated without causing any Member to have an Adjusted Capital Account Deficit at the end of any Allocation Year. In the event some but not all of the Members Member would have Adjusted Capital Account Deficits as a consequence of an allocation of Losses pursuant to Section 4.26.2, the limitation set forth in this Section 4.5 6.5 shall be applied on a Member-by-Member basis, by Member basis and Losses not allocable to any Member as a result of such limitation shall be allocated to the other Members in accordance with the positive balances in such Members’ Capital Accounts so as to allocate the maximum permissible Losses to each Member under Section 1.704-1(b)(2)(ii)(d) of the Regulations.

Loss Limitation. Net Losses allocated pursuant to Section 4.2 5.3 hereof shall not exceed the maximum amount of Net Losses that can be allocated without causing any Member to have an Adjusted Capital Account Deficit at the end of any Allocation Yearfiscal year or shorter period. In the event some but not all of the Members would have Adjusted Capital Account Deficits as a consequence of an allocation Net of Losses pursuant to Section 4.25.3 hereof, the limitation set forth in this Section 4.5 5.6 shall be applied on a Member-by-Member basis, by Member basis and Losses not allocable to any Member as a result of such limitation shall be allocated to the other Members in accordance with the positive balances in such Members’ Member's Capital Accounts so as to allocate the maximum permissible Losses to each Member under Regulations Section 1.704-1(b)(2)(ii)(d) of the Regulations).

Loss Limitation. Losses allocated pursuant to Section 4.2 3.2 hereof shall not exceed the maximum amount of Losses that can be allocated without causing any Member to have an Adjusted Capital Account Deficit at the end of any Allocation Year. In the event some but not all of the Members would have Adjusted Capital Account Deficits as a consequence of an allocation of Losses pursuant to Section 4.23.2 hereof, the limitation set forth in this Section 4.5 3.5 shall be applied on a Member-by-Member basis, by Member basis and Losses not allocable to any Member as a result of such limitation shall be allocated to the other Members in accordance with the positive balances in such Members’ Member's Capital Accounts so as to allocate the maximum permissible Losses to each Member under Section 1.704-1(b)(2)(ii)(d1 (b)(2)(ii)(a) of the Regulations.

Loss Limitation. Losses allocated pursuant to Section 4.2 5.2 hereof shall not exceed the maximum amount of Losses that can be allocated without causing any Member to have an Adjusted Capital Account Deficit at the end of any Allocation Year. In the event some but not all of the Members would have Adjusted Capital Account Deficits as a consequence of an allocation of Losses pursuant to Section 4.25.2 hereof, the limitation set forth in this Section 4.5 5.5 shall be applied on a Member-by-Member basis, by Member basis and Losses not allocable to any Member as a result of such limitation shall be allocated to the other Members in accordance with the positive balances in such Members’ Member’s Capital Accounts so as to allocate the maximum permissible Losses to each Member under Section Treas. Reg. §1.704-1(b)(2)(ii)(d) of the Regulationsl(b)(2)(ii)(d).

Loss Limitation. Losses allocated pursuant to Section 4.2 5.2 hereof shall not exceed the maximum amount of Losses that can be allocated without causing any Member to have an Adjusted Capital Account Deficit at the end of any Allocation Taxable Year. In the event some but not all of the Members would have Adjusted Capital Account Deficits as a consequence of an allocation of Losses pursuant to Section 4.25.2 hereof, the limitation set forth in this Section 4.5 5.5 shall be applied on a Member-by-Member basis, by Member basis and Losses not allocable to any Member as a result of such limitation shall be allocated to the other Members PRO RATA in accordance with the positive balances in such Members’ ' Capital Accounts so as to allocate the maximum permissible Losses to each Member under Section 1.704-1(b)(2)(ii)(d1(b)(2)(ii)(D) of the Regulations.

Loss Limitation. Losses allocated pursuant to Section 4.2 3.2 hereof shall not exceed the maximum amount of Losses that can be allocated without causing any Member to have an Adjusted Capital Account Deficit at the end of any Allocation Year. In the event some but not all of the Members would have Adjusted Capital Account Deficits as a consequence of an allocation of Losses pursuant to to. Section 4.23.2 hereof, the limitation set forth in this Section 4.5 3.5 shall be applied on a Member-by-Member basis, by Member basis and Losses not allocable to any Member as a result of such limitation shall be allocated to the other Members in accordance with the positive balances in such Members’ Member's Capital Accounts so as to allocate the maximum permissible Losses to each Member under Section 1.704-1(b)(2)(ii)(d1 (b)(2)(ii)(d) of the Regulations.

Loss Limitation. Losses allocated pursuant to Section 4.2 4.1.2 shall not exceed the maximum amount of Losses that can be allocated without causing any Member to have an Adjusted Capital Account Deficit adjusted Membership Interest deficit at the end of any Allocation Year. In the event some but not all of the Members would have Adjusted Capital Account Deficits adjusted Membership Interest deficits as a consequence of an allocation of Losses pursuant to Section 4.24.1.2 hereof, the limitation set forth in this Section 4.5 4.1.5 shall be applied on a Member-by-Member basis, by Member basis and Losses not allocable to any Member as a result of such limitation shall be allocated to the other Members in accordance with the positive balances in such Members’ Capital Accounts Member's Membership Interests so as to allocate the maximum permissible Losses to each Member under Treasury Regulations Section 1.704-1(b)(2)(ii)(d) of the Regulations).

Loss Limitation. Losses allocated pursuant to Section 4.2 3.3 hereof shall not exceed the maximum amount of Losses that can be allocated without causing any Member to have an Adjusted Capital Account Deficit at the end of any Allocation Year. In the event some but not all of the Members would have Adjusted Capital Account Deficits as a consequence of an allocation of Losses pursuant to Section 4.23.3 hereof, the limitation set forth in this Section 4.5 3.5 shall be applied on a Member-by-Member basis, by Member basis and Losses not allocable to any Member as a result of such limitation shall be allocated to the other Members in accordance with the positive balances in such Members’ Member's Capital Accounts so as to allocate the maximum permissible Losses to each Member under Regulations Section 1.704-1(b)(2)(ii)(d) of the Regulations).

Loss Limitation. Losses allocated pursuant to Section 4.2 shall 3.2 will not exceed the maximum amount of Losses that can be allocated without causing any Member to have an Adjusted Capital Account Deficit at the end of any Allocation Year. In the event If some but not all of the Members would have Adjusted Capital Account Deficits as a consequence of an allocation of Losses pursuant to Section 4.23.2, the limitation set forth in this Section 4.5 shall 3.4 will be applied on a Member-by-Member basis, basis and Losses not allocable to any Member as a result of such that limitation shall will be allocated to the other Members in accordance with the positive balances in such those Members’ Capital Accounts so as to allocate the maximum permissible Losses to each Member under Regulations Section 1.704-1(b)(2)(ii)(d) of the Regulations).

Loss Limitation. Losses allocated pursuant to Section 4.2 3.2 hereof shall not exceed the maximum amount of Losses that can be allocated without causing any Member to have an Adjusted Capital Account Deficit at the end of any Allocation Year. In the event some but not all of the Members would have Adjusted Capital Account Deficits as a consequence of an allocation of Losses pursuant to Section 4.23.2 hereof, the limitation set forth in this Section 4.5 3.5 shall be applied on a Member-by-Member basis, by Member basis and Losses not allocable to any Member as a result of such limitation shall be allocated to the other Members in accordance with the positive balances in such Members’ Member’s Capital Accounts so as to allocate the maximum permissible Losses to each Member under Section 1.704-1(b)(2)(ii)(d1 (b)(2)(ii)(d) of the Regulations.

Loss Limitation. Losses allocated pursuant to Section 4.2 5.1 shall not exceed the maximum amount of Losses that can be allocated without causing any Member to have an Adjusted Capital Account Deficit at the end of any Allocation Fiscal Year. In the event some but not all of the Members would have Adjusted Capital Account Deficits as a consequence of an allocation of Losses pursuant to Section 4.25.1, the limitation set forth in this Section 4.5 5.12 shall be applied on a Member-by-Member basis, by Member basis and Losses not allocable to any Member as a result of such limitation shall be allocated to the other Members in accordance with the positive balances in such Members’ Member's Capital Accounts so as to allocate the maximum permissible Losses to each Member under Regulations Section 1.704-1(b)(2)(ii)(d) of the Regulations).

Loss Limitation. Losses allocated pursuant to Section 4.2 9.3(a) hereof shall not exceed the maximum amount of Losses that can be allocated without causing any Member to have an Adjusted Capital Account Deficit at the end of any Allocation Yeartaxable year or other period for which allocations are made. In the event some but not all of the Members would have Adjusted Capital Account Deficits as a consequence of an allocation of Losses pursuant to Section 4.29.3(a) hereof, the limitation set forth in this Section 4.5 9.3(e) shall be applied on a Member-by-Member basis, by Member basis and Losses not allocable to any Member as a result of such limitation shall be allocated to the other Members in accordance with the positive balances in such other Members’ Capital Accounts so as to allocate the maximum permissible Losses to each Member under Regulations Section 1.704-1(b)(2)(ii)(d) of the Regulations).

Loss Limitation. Net Losses allocated pursuant to Section 4.2 3 hereof shall not exceed the maximum amount of Net Losses that can be allocated without causing any Member to have an Adjusted Capital Account Deficit at the end of any Allocation YearFiscal Year or other period. In the event some but not all of the Members would have Adjusted Capital Account Deficits as a consequence of an allocation of Losses pursuant to Section 4.23 hereof, the limitation set forth in this Section 4.5 the preceding sentence shall be applied on a Member-by-Member basis, by Member basis and Net Losses not allocable to any Member as a result of such limitation shall be allocated to the other Members in accordance with the positive balances in such Members’ Member's Capital Accounts so as to allocate the maximum permissible Net Losses to each Member under Regulations Section 1.704-1(b)(2)(ii)(d) of the Regulations).

Loss Limitation. Losses allocated pursuant to Section 4.2 5.1 hereof shall not exceed the maximum amount of Losses that can be allocated without causing any Member to have an Adjusted Capital Account Deficit at the end of any Allocation Yearfiscal year. In the event some but not all of the Members would have Adjusted Capital Account Deficits as a consequence of an allocation of Losses pursuant to Section 4.25.1 hereof, the limitation set forth in this Section 4.5 5.7 shall be applied on a Member-by-Member basis, by Member basis and Losses not allocable to any Member as a result of such limitation shall be allocated to the other Members in accordance with the positive balances in such Members’ Member’s Capital Accounts so as to allocate the maximum permissible Losses to each Member under Section 1.704-1(b)(2)(ii)(d) of the Regulations.

Loss Limitation. Losses allocated pursuant to Section 4.2 9.2 hereof shall not exceed the maximum amount of Losses that can be allocated without causing any Member to have an Adjusted Capital Account Deficit at the end of any Allocation Year. In the event some but not all of the Members would have Adjusted Capital Account Deficits as a consequence of an allocation of Losses pursuant to Section 4.29.2 hereof, the limitation set forth in this Section 4.5 9.5 shall be applied on a Member-by-Member basis, by Member basis and Losses not allocable to any Member as a result of such limitation shall be allocated to the other Members in accordance with the positive balances in such Members’ Member's Capital Accounts so as to allocate the maximum permissible Losses to each Member under Section 1.704-1(b)(2)(ii)(d) of the Regulations.

Loss Limitation. Losses allocated pursuant to Section 4.2 6.2 hereof shall not exceed the maximum amount of Losses that can be allocated without causing any Member to have an Adjusted Capital Account Deficit at the end of any Allocation Year. In the event some but not all of the Members would have Adjusted Capital Account Deficits as a consequence of an allocation of Losses pursuant to Section 4.26.2 hereof, the limitation set forth in this Section 4.5 6.5 shall be applied on a Member-by-Member basis, by Member basis and Losses not allocable to any Member as a result of such limitation shall be allocated to the other Members in accordance with the positive balances in such Members’ Member’s Capital Accounts so as to allocate the maximum permissible Losses to each Member under Section 1.704-1(b)(2)(ii)(d) of the Regulations.

Loss Limitation. Losses allocated pursuant to Section 4.2 8.3 hereof shall not exceed the maximum amount of Losses that can be allocated without causing any Member to have an Adjusted Capital Account Deficit at the end of any Allocation Fiscal Year. In the event some but not all of the Members would have Adjusted Capital Account Deficits as a consequence of an allocation of Losses pursuant to Section 4.28.3 hereof, the limitation set forth in this Section 4.5 8.6 shall be applied on a Member-by-Member basis, by Member basis and Losses not allocable to any Member as a result of such limitation shall be allocated to the other Members in accordance with the positive balances in such Members’ Member’s Capital Accounts so as to allocate the maximum permissible Losses to each Member under Section 1.704-1(b)(2)(ii)(d) of the Regulations.

Loss Limitation. Net Losses allocated pursuant to Section ‎Section 4.2 and ‎Section 4.3 shall not exceed the maximum amount of Net Losses that can be allocated without causing any Member to have an Adjusted Capital Account Deficit at the end of any Allocation Yearyear. In the event some but not all of the Members would have Adjusted Capital Account Deficits as a consequence of an allocation of Net Losses pursuant to Section 4.2‎Section 4.2 and ‎Section 4.3, the limitation set forth in this Section 4.5 ‎Section 4.4 shall be applied on a Member-by-Member basis, and Net Losses not allocable to any Member as a result of such limitation shall be allocated to the other Members in accordance with the positive balances in such Members’ Capital Accounts so as to allocate the maximum permissible Net Losses to each Member under Regulations Section 1.704-1(b)(2)(ii)(d) of the Regulations).

Loss Limitation. Losses allocated pursuant to Section 4.2 5.3 hereof shall not exceed the maximum amount of Losses that can be allocated without causing any Member to have an Adjusted Capital Account Deficit at the end of any Allocation Year. In the event some but not all of the Members would have Adjusted Capital Account Deficits as a consequence of an allocation of Losses pursuant to Section 4.25.1 hereof, the limitation set forth in this Section 4.5 5.4 shall be applied on a Member-by-Member basis, by Member basis and Losses not allocable to any Member as a result of such limitation shall be allocated to the other Members in accordance with the positive balances in such Members’ Member’s Capital Accounts so as to allocate the maximum permissible Losses to each Member under Regulation Section 1.704-1(b)(2)(ii)(d) of the Regulations).

Loss Limitation. Losses allocated pursuant to Section 4.2 3.2 hereof shall not exceed the maximum amount of Losses that can be allocated without causing any Member to have an Adjusted Capital Account Deficit at the end of any Allocation Year. In the event some but not all of the Members would have Adjusted Capital Account Deficits as a consequence of an allocation of Losses pursuant to Section 4.23.2 hereof, the limitation set forth in this Section 4.5 3.5 shall be applied on a Member-by-Member basis, by Member basis and Losses not allocable to any Member as a result of such limitation shall be allocated to the other Members in accordance with the positive balances in such Members’ Member’s Capital Accounts so as to allocate the maximum permissible Losses to each Member under Regulations Section 1.704-1(b)(2)(ii)(d) of the Regulations).

Loss Limitation. Losses allocated pursuant to Section 4.2 shall not exceed the maximum amount of Losses that can be allocated without causing any Member to have an Adjusted Capital Account Deficit at the end of any Allocation Year. In the event some but not all of the Members would have Adjusted Capital Account Deficits as a consequence of an allocation of Losses pursuant to Section 4.2, the limitation limitations set forth in this Section 4.5 shall be applied on a Member-by-Member basis, by Member basis and Losses not allocable to any Member as a result of such limitation shall be allocated to the other Members in accordance with the positive balances in such Members’ Member's Capital Accounts so as to allocate the maximum permissible Losses to each Member under Section 1.704-1(b)(2)(ii)(d) of the Regulations.

Loss Limitation. Losses allocated pursuant to Section 4.2 4.03 hereof shall not exceed the maximum amount of Losses that can be allocated without causing any Member to have an Adjusted Capital Account Deficit at the end of any Allocation Yearfiscal year. In the event some but not all of the Members would have Adjusted Capital Account Deficits as a consequence of an allocation of Losses pursuant to Section 4.24.03 hereof, the limitation limitations set forth in this Section 4.5 5.05 shall be applied on a Member-by-Member basis, by Member basis and Losses not allocable to any Member as a result of such limitation shall be allocated to the other Members in accordance with the positive balances in such Members’ Member's Capital Accounts so as to allocate the maximum permissible Losses to each Member under Regulation Section 1.704-1(b)(2)(ii)(d) of the Regulations1.704(b)(2)(ii)(d).

Loss Limitation. Losses allocated pursuant to Section 4.2 hereof shall not exceed the maximum amount of Losses that can be allocated without causing any Member to have an Adjusted Capital Account Deficit at the end of any Allocation Year. In the event some but not all of the Members would have Adjusted Capital Account Deficits as a consequence of an allocation of Losses pursuant to Section 4.24.2 hereof, the limitation set forth in this Section 4.5 shall be applied on a Member-by-Member basis, by Member basis and Losses not allocable to any Member as a result of such limitation shall be allocated to the other Members in accordance with the positive balances in such Members’ Member's Capital Accounts so as to allocate the maximum permissible Losses to each Member under Section 1.704-1(b)(2)(ii)(d) of the Regulations.

Loss Limitation. Losses allocated pursuant to Section 4.2 6.1 hereof shall not exceed the maximum amount of Losses losses that can be allocated without causing any Member to have an Adjusted Capital Account Deficit at the end of any Allocation Yeartaxable year. In the event some but not all of the Members would have Adjusted Capital Account Deficits as a consequence of an allocation of Losses losses pursuant to Section 4.26.1 hereof, the limitation set forth in this Section 4.5 6.1 shall be applied on a Member-by-Member by Member basis, and Losses losses not allocable to any Member as a result of such limitation shall be allocated to the other Members in accordance with the positive balances in of such Members’ Capital Accounts so as to allocate the maximum permissible Losses losses to each Member under Section 1.704-1(b)(2)(ii)(d1 (b)(2)(ii)(d) of the Treasury Regulations.

Loss Limitation. Losses allocated to any Member pursuant to Section 4.2 hereof shall not exceed the maximum amount of Losses that can be so allocated without causing any Member to have or increasing an Adjusted Capital Account Deficit at the end of any Allocation Fiscal Year. In the event that some but not all of the Members would have an Adjusted Capital Account Deficits Deficit as a consequence of an allocation of Losses pursuant to Section 4.24.2 hereof, then the limitation set forth in this Section 4.5 shall be applied on a Member-by-Member basis, by Member basis and Losses not allocable to any Member as a result of such limitation shall be allocated to the other Members in accordance with the proportion to their respective positive balances in such Members’ Capital Accounts so as to allocate the maximum permissible Losses to each Member under Section 1.704-1(b)(2)(ii)(d) of the RegulationsAccount balances.

Loss Limitation. Losses allocated pursuant to Section 4.2 5.2 hereof shall not exceed the maximum amount of Losses that can be allocated without causing any Member to have an Adjusted Capital Account Deficit at the end of any Allocation Year. In the event some but not all of the Members would have Adjusted Capital Account Deficits as a consequence of an allocation of Losses pursuant to Section 4.25.2 hereof, the limitation set forth in this Section 4.5 5.5 shall be applied on a Member-by-Member basis, by Member basis and Losses not allocable to any Member as a result of such limitation shall be allocated to the other Members in accordance with the positive balances in such Members’ Member’s Capital Accounts so as to allocate the maximum permissible Losses to each Member under Section Treas. Reg. §1.704-1(b)(2)(ii)(d) of the Regulations).

Loss Limitation. Losses allocated pursuant to Section 4.2 5.2 hereof shall not exceed the maximum amount of Losses that can be allocated without causing any Member to have an Adjusted Capital Account Deficit at the end of any Allocation Year. In the event some but not all of the Members would have Adjusted Capital Account Deficits as a consequence of an allocation of Losses pursuant to Section 4.25.2 hereof, the limitation set forth in this Section 4.5 shall be applied on a Member-by-Member basis, by Member basis and Losses not allocable to any Member as a result of such limitation shall be allocated to the other Members in accordance with the positive balances in such Members’ Member’s Capital Accounts so as to allocate the maximum permissible Losses to each Member under Section 1.704-1(b)(2)(ii)(d) of the Regulations.

Loss Limitation. Losses allocated pursuant to Section 4.2 5.2 hereof shall not exceed the maximum amount of Losses that can be allocated without causing any Member to have an Adjusted Capital Account Deficit at the end of any Allocation Year. In the event some but not all of the Members would have Adjusted Capital Account Deficits as a consequence of an allocation of Losses pursuant to Section 4.25.2 hereof, the limitation set forth in this Section 4.5 5.5 shall be applied on a Member-by-Member basis, and Losses not allocable to any Member as a result of such limitation shall be allocated to the other Members in accordance with the positive balances in such Members’ Member’s Capital Accounts so as to allocate the maximum permissible Losses to each Member under Regulations Section 1.704-1(b)(2)(ii)(d) of the Regulations).