Common use of Loss Limitation Clause in Contracts

Loss Limitation. Losses allocated pursuant to Section 3.2 shall not exceed the maximum amount of Losses that can be allocated without causing any Unitholder to have an Adjusted Capital Account Deficit at the end of any Fiscal Year. In the event some but not all of the Unitholders would have Adjusted Capital Account Deficits as a consequence of an allocation of Losses pursuant to Section 3.2, the limitation set forth in this Section 3.5 shall be applied on a Unitholder by Unitholder basis among the Units, so as to allocate the maximum permissible Losses to each Unitholder under Regulations, Section 1.704-1(b)(2)(ii)(d).

Appears in 6 contracts

Samples: Limited Liability Company Agreement (U. S. Premium Beef, LLC), LLC Agreement, Limited Liability Company Agreement (U. S. Premium Beef, LLC)

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Loss Limitation. Losses allocated pursuant to Section 3.2 4.2 shall not exceed the maximum amount of Losses that can be allocated without causing any Unitholder Member to have an Adjusted Capital Account Deficit at the end of any Fiscal Taxable Year. In the event some but not all of the Unitholders Members would have Adjusted Capital Account Deficits as a consequence of an allocation of Losses pursuant to Section 3.24.2, the limitation set forth in this Section 3.5 4.5 shall be applied on a Unitholder by Unitholder basis among Member-by-Member basis, and Losses not allocable to any Member as a result of such limitation shall be allocated to the Units, other Members in accordance with their Percentage Interests so as to allocate the maximum permissible Losses to each Unitholder Member under Regulations, Regulations Section 1.704-1(b)(2)(ii)(d).

Appears in 2 contracts

Samples: Operating Agreement (KKR Financial Holdings LLC), Operating Agreement (KKR Financial Holdings LLC)

Loss Limitation. Losses allocated pursuant to Section 3.2 3.1(b) hereof shall not exceed the maximum amount of Losses that can be allocated without causing any Unitholder Unit Holder to have an Adjusted Capital Account Deficit at the end of any Fiscal Year. In the event some but not all of the Unitholders Unit Holders would have Adjusted Capital Account Deficits as a consequence of an allocation of Losses pursuant to Section 3.23.1(b) hereof, the limitation set forth in this Section 3.5 3.1(e) shall be applied on a Unitholder Unit Holder by Unitholder Unit Holder basis among the Units, so as to allocate the maximum permissible Losses to each Unitholder Unit Holder under Regulations, Section 1.704-1(b)(2)(ii)(d)) of the Regulations.

Appears in 2 contracts

Samples: Operating Agreement, Operating Agreement (Gevo, Inc.)

Loss Limitation. Losses allocated pursuant to Section 3.2 of this Appendix E shall not exceed the maximum amount of Losses that can be allocated without causing any Unitholder to have an Adjusted Capital Account Deficit at the end of any Fiscal Year. In the event some but not all of the Unitholders would have Adjusted Capital Account Deficits as a consequence of an allocation of Losses pursuant to Section 3.23.2 of this Appendix E, the limitation set forth in this Section 3.5 shall be applied on a Unitholder by Unitholder basis among the Units, so as to allocate the maximum permissible Losses to each Unitholder under Regulations, Section 1.704-1(b)(2)(ii)(d).

Appears in 2 contracts

Samples: Limited Liability Company Agreement (Blackhawk Biofuels, LLC), Limited Liability Company Agreement (Ozark Ethanol LLC)

Loss Limitation. Losses allocated pursuant to Section 3.2 shall not exceed the maximum amount of Losses that can be allocated without causing any Unitholder to have an Adjusted Capital Account Deficit at the end of any Fiscal Year. In the event some but not all of the Unitholders would have Adjusted Capital Account Deficits as a consequence of an allocation of Losses pursuant to Section 3.2, the limitation set forth in this Section 3.5 shall be applied on a Unitholder by Unitholder basis among the Units, so as to allocate the maximum permissible Losses to each Unitholder under Regulations, Section 1.704-1(b)(2)(ii)(d).. U.S. PREMIUM BEEF, LLC LIMITED LIABILITY COMPANY AGREEMENT APPENDIX E

Appears in 1 contract

Samples: Limited Liability Company Agreement (U. S. Premium Beef, LLC)

Loss Limitation. Losses allocated pursuant to Section 3.2 5.1 shall not exceed the maximum amount of Losses that can be allocated without causing any Unitholder Member to have an Adjusted Capital Account Deficit at the end of any Fiscal Year. In the event some but not all of the Unitholders Members would have Adjusted Capital Account Deficits as a consequence of an allocation of Losses pursuant to Section 3.25.1, the limitation set forth in this Section 3.5 5.12 shall be applied on a Unitholder Member by Unitholder Member basis among and Losses not allocable to any Member as a result of such limitation shall be allocated to the Units, other Members in accordance with the positive balances in such Member's Capital Accounts so as to allocate the maximum permissible Losses to each Unitholder Member under Regulations, Regulations Section 1.704-1(b)(2)(ii)(d).

Appears in 1 contract

Samples: Limited Liability Company Agreement (Hf2 Financial Management Inc.)

Loss Limitation. Losses allocated pursuant to Section 3.2 hereof shall not exceed the maximum amount of Losses that can be allocated without causing any Unitholder Unit Holder to have an Adjusted Capital Account Deficit at the end of any Fiscal Year. In the event some but not all of the Unitholders Unit Holders would have Adjusted Capital Account Deficits as a consequence of an allocation of Losses pursuant to Section 3.23.2 hereof, the limitation set forth in this Section 3.5 shall be applied on a Unitholder Unit Holder by Unitholder Unit Holder basis among the Units, so as to allocate the maximum permissible Losses to each Unitholder Unit Holder under Regulations, Section 1.704-1(b)(2)(ii)(d).) of the Regulations. If this Section

Appears in 1 contract

Samples: Operating Agreement

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Loss Limitation. Losses allocated pursuant to Section 3.2 shall not exceed the maximum amount of Losses that can be allocated without causing any Unitholder to have an Adjusted Capital Account Deficit at the end of any Fiscal Year. In the event some but not all of the Unitholders would have Adjusted Capital Account Deficits as a consequence of an allocation of Losses pursuant to Section 3.2, the limitation set forth in this Section 3.5 shall be applied on a Unitholder by Unitholder basis among the Units, so as to allocate the maximum permissible Losses to each Unitholder under Regulations, Section 1.704-1(b)(2)(ii)(d).this

Appears in 1 contract

Samples: Operating Agreement (Millennium Ethanol, LLC)

Loss Limitation. Losses allocated pursuant to Section 3.2 hereof shall not exceed the maximum amount of Losses that can be allocated without causing any Unitholder Unit Holder to have an Adjusted Capital Account Deficit at the end of any Fiscal Year. In the event some but not all of the Unitholders Unit Holders would have Adjusted Capital Account Deficits as a consequence of an allocation of Losses pursuant to Section 3.2, the limitation set forth in this Section 3.5 shall be applied on a Unitholder by Unitholder basis among the Units, so as to allocate the maximum permissible Losses to each Unitholder under Regulations, Section 1.704-1(b)(2)(ii)(d).allocation

Appears in 1 contract

Samples: Operating Agreement (Cardinal Ethanol LLC)

Loss Limitation. Losses allocated pursuant to Section 3.2 shall not exceed the maximum amount of Losses that can be allocated without causing any Unitholder to have an Adjusted Capital Account Deficit at the end of any Fiscal Year. In the event some but not all of the Unitholders would have Adjusted Capital Account Deficits as a consequence of an allocation of Losses pursuant to Section 3.2, the limitation set forth in this Section 3.5 shall be applied on a Unitholder by Unitholder basis among the Units, so as to allocate the maximum permissible Losses to each Unitholder under Regulations, Section 1.704-1(b)(2)(ii)(d).. U.S. Premium Beef, LLC LIMITED LIABILITY COMPANY AGREEMENT APPENDIX E

Appears in 1 contract

Samples: Limited Liability Company Agreement (U. S. Premium Beef, LLC)

Loss Limitation. Losses allocated pursuant to Section 3.2 hereof shall not exceed the maximum amount of Losses that can be allocated without causing any Unitholder Unit Holder to have an Adjusted Capital Account Deficit at the end of any Fiscal Year. In the event some but not all of the Unitholders Unit Holders would have Adjusted Capital Account Deficits as a consequence of an allocation of Losses pursuant to Section 3.23.2 hereof, the limitation set forth in this Section 3.5 shall be applied on a Unitholder Unit Holder by Unitholder Unit Holder basis among the Units, so as to allocate the maximum permissible Losses to each Unitholder Unit Holder under Regulations, Section 1.704-1(b)(2)(ii)(d)) of the Regulations.

Appears in 1 contract

Samples: Operating and Member Control Agreement (Otter Tail Ag Enterprises, LLC)

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