Common use of Losses Clause in Contracts

Losses. (a) After giving effect to the special allocations set forth in Section 5.3 and Section 5.4, Losses for any Allocation Year shall be allocated among the Partners in proportion to their respective Percentage Interests. (b) The Losses allocated pursuant to Section 5.2(a) shall not exceed the maximum amount of Losses that can be so allocated without causing any Partner to have an Adjusted Capital Account Deficit at the end of any Allocation Year. In the event some but not all of the Partners would have Adjusted Capital Account Deficits as a result of an allocation of Losses pursuant to Section 5.2(a), Losses that would otherwise be allocated to a Partner pursuant to Section 5.2(a) but for the limitation set forth in this Section 5.2(b) shall be allocated to the remaining Partners in proportion to their relative Percentage Interests. All remaining Losses in excess of the limitation set forth in this Section 5.2(b) shall be allocated to the General Partner. Profits for any Allocation Year subsequent to an Allocation Year for which the limitation set forth in this Section 5.2(b) was applicable shall be allocated (i) first, to reverse any Losses allocated to the General Partner pursuant to the third sentence of this Section 5.2(b) and (ii) second, to reverse any Losses allocated to the Partners pursuant to the second sentence of this Section 5.2(b) and in proportion to how such Losses were allocated.

Losses. (a) After giving effect to the special allocations set forth in Section 5.3 and Section 5.4, and subject to the limitation set forth in Section 5.2(b), Losses for any Allocation Year shall be allocated among the Partners in proportion to their respective Percentage Equity Interests. (b) The Losses shall not be allocated to any Limited Partner pursuant to Section 5.2(a) shall not exceed to the maximum amount of Losses that can be so allocated without causing any extent such allocation would cause such Limited Partner to have an Adjusted Capital Account Deficit at the end of any Allocation Year. . (i) In the event some but not all of the Partners would have Adjusted Capital Account Deficits as a result of an allocation of Losses pursuant to Section 5.2(a), Losses that would otherwise be allocated to a Partner pursuant to Section 5.2(a) but for the limitation set forth in this Section 5.2(b) shall be allocated to the remaining Partners in proportion to their relative Percentage Equity Interests. . (ii) All remaining Losses in excess of the limitation set forth in this Section 5.2(b) shall be allocated to the General Partner. Profits allocated pursuant to Section 5.1(b) for any Allocation Year subsequent to an Allocation Year for which the limitation set forth in this Section 5.2(b) was applicable shall be allocated (ix) first, to reverse any Losses allocated to the General Partner pursuant to the third sentence paragraph (ii) of this Section 5.2(b) and (iiy) second, to reverse any Losses allocated to the Partners pursuant to the second sentence paragraph (i) of this Section 5.2(b) and in proportion to how such Losses were allocated.

Losses. (a) After giving effect to the special allocations set forth in Section 5.3 and Section 5.4, Losses for any Allocation Year shall be allocated among the Partners Members in proportion to their respective Percentage Interests. (b) The Losses allocated pursuant to Section 5.2(a) shall not exceed the maximum amount of Losses that can be so allocated without causing any Partner Member to have an Adjusted Capital Account Deficit at the end of any Allocation Year. In the event some but not all of the Partners Members would have Adjusted Capital Account Deficits as a result of an allocation of Losses pursuant to Section 5.2(a), Losses that would otherwise be allocated to a Partner Member pursuant to Section 5.2(a) but for the limitation set forth in this Section 5.2(b) shall be allocated to the remaining Partners Members in proportion to their relative Percentage Interests. All remaining Losses in excess of the limitation set forth in this Section 5.2(b) shall be allocated to the General PartnerManaging Member. Profits for any Allocation Year subsequent to an Allocation Year for which the limitation set forth in this Section 5.2(b) was applicable shall be allocated (i) first, to reverse any Losses allocated to the General Partner Managing Member pursuant to the third sentence of this Section 5.2(b) and (ii) second, to reverse any Losses allocated to the Partners Members pursuant to the second sentence of this Section 5.2(b) and in proportion to how such Losses were allocated.

Losses. (a) A. After giving effect to the special allocations set forth in Section 5.3 Sections 7.3, 7.4, and Section 5.414.2(C), all Losses for any Allocation Year (including Capital Transaction Losses, which shall be computed and allocated separately with respect to each property) shall be allocated among the Partners as follows: (i) first, among the Partners in proportion to the number of OP Units held by each such Partner, until the aggregate Capital Account balances of the Partners holding OP Units is reduced to an amount equal to the product of (a) 100% minus the Percentage Interest attributable to the Participation Interest and (b) the aggregate Capital Account balances of all the Partners (after giving effect to the allocation in this clause (i)); (ii) second, among the Partners in proportion to their respective Percentage Interestspositive Capital Account balances; and (iii) thereafter, among the Partners in proportion to the number of OP Units held by each such Partner. (b) B. The Losses allocated pursuant to Section 5.2(a7.2(A) above shall not exceed the maximum amount of Losses that can be so allocated without causing any Limited Partner to have an Adjusted Capital Account Deficit at the end of any Allocation Yearfiscal year. In the event some but not all All Losses in excess of the Partners would have Adjusted Capital Account Deficits as a result of an allocation of Losses pursuant to Section 5.2(a), Losses that would otherwise be allocated to a Partner pursuant to Section 5.2(a) but for the limitation limitations set forth in this Section 5.2(b7.2(B) shall be allocated to among the remaining other Partners in proportion to their relative Percentage Interests. All remaining Losses in excess the number of OP Units held by each such other Partner. C. In the limitation set forth in this Section 5.2(b) shall be allocated to event that the General Partner. Profits for any Allocation Year subsequent to an Allocation Year for which the limitation set forth in this Section 5.2(b) was applicable shall be allocated (i) first, to reverse any Losses allocated Partnership issues additional Units to the General Partner or any Limited Partner pursuant to Section 3.2 hereof, the third sentence of General Partner shall make such revisions to this Section 5.2(b7.2 as it determines are necessary to reflect the terms of the issuance of such additional Units, including such revisions as are needed to ensure that such allocations (i) will comply with the terms of Regulations Sections 1.704-1 and -2 and Code Section 514(c)(9)(E), (ii) second, to reverse any Losses allocated to will properly reflect the varying interests of the Partners in the Partnership, and (iii) will cause the Capital Accounts of the Partners to be in the ratios in which the Partners are entitled to receive distributions with respect to their Partnership Interests pursuant to the second sentence of this Section 5.2(b) and in proportion to how such Losses were allocatedArticle 8 hereof.

Losses. (a) After giving effect to the special allocations set forth in Section 5.3 Sections 5.03 and Section 5.45.04, Losses for any Allocation Year shall be allocated among the Partners in proportion to their respective Percentage Interests. (b) The Losses allocated pursuant to Section 5.2(a5.02(a) shall not exceed the maximum amount of Losses that can be so allocated without causing any Partner to have an Adjusted Capital Account Deficit at the end of any Allocation Year. In the event some but not all of the Partners would have Adjusted Capital Account Deficits as a result of an allocation of Losses pursuant to Section 5.2(a5.02(a), Losses that would otherwise be allocated to a Partner pursuant to Section 5.2(a5.02(a) but for the limitation set forth in this Section 5.2(b5.02(b) shall be allocated to the remaining Partners in proportion to their relative Percentage Interests. All remaining Losses in excess of the limitation set forth in this Section 5.2(b5.02(b) shall be allocated to the General Partner. Profits for any Allocation Year subsequent to an Allocation Year for which the limitation set forth in this Section 5.2(b5.02(b) was applicable shall be allocated (i) first, to reverse any Losses allocated to the General Partner pursuant to the third sentence of this Section 5.2(b) 5.02(b), and (ii) second, to reverse any Losses allocated to the Partners pursuant to the second sentence of this Section 5.2(b5.02(b) and in proportion to how such Losses were allocated.

Losses. (a) After giving effect to the special allocations set forth in Section 5.3 and Section 5.4, Losses for any Allocation Year shall be allocated among the Partners Members in proportion to their respective Percentage Interests. (b) The Losses allocated pursuant to Section 5.2(a) shall not exceed the maximum amount of Losses that can be so allocated without causing any Partner Member to have an Adjusted Capital Account Deficit at the end of any Allocation Year. In the event some but not all of the Partners Members would have Adjusted Capital Account Deficits as a result of an allocation of Losses pursuant to Section 5.2(a), Losses that would otherwise be allocated to a Partner Member pursuant to Section 5.2(a) but for the limitation set forth in this Section 5.2(b) shall be allocated to the remaining Partners Members in proportion to their relative Percentage Interests. All remaining Losses in excess of the limitation set forth in this Section 5.2(b) shall be allocated to the General PartnerManaging Member. Profits for any Allocation Year subsequent to an Allocation Year for which the limitation set forth in this Section 5.2(b) was applicable shall be allocated (ic) first, to reverse any Losses allocated to the General Partner Managing Member pursuant to the third sentence of this Section 5.2(b) and (iid) second, to reverse any Losses allocated to the Partners Members pursuant to the second sentence of this Section 5.2(b) and in proportion to how such Losses were allocated.

Losses. (a) After giving effect to the special allocations set forth in Section 5.3 5.3, Section 5.4 and Section 5.45.5, Losses for any Allocation Year shall be allocated among the Partners Members in proportion to their respective Percentage Interests. (b) The Losses allocated pursuant to Section 5.2(a) shall not exceed the maximum amount of Losses that can be so allocated without causing any Partner Member to have an Adjusted Capital Account Deficit at the end of any Allocation Year. In the event some but not all of the Partners Members would have Adjusted Capital Account Deficits as a result of an allocation of Losses pursuant to Section 5.2(a), Losses that would otherwise be allocated to a Partner Member pursuant to Section 5.2(a) but for the limitation set forth in this Section 5.2(b) shall be allocated to the remaining Partners Members in proportion to their relative Percentage Interests. All remaining Losses in excess of the limitation set forth in this Section 5.2(b) shall be allocated to the General PartnerManaging Member. Profits for any Allocation Year subsequent to an Allocation Year for which the limitation set forth in this Section 5.2(b) was applicable shall be allocated (i) first, to reverse any Losses allocated to the General Partner Managing Member pursuant to the third sentence of this Section 5.2(b) and (ii) second, to reverse any Losses allocated to the Partners Members pursuant to the second sentence of this Section 5.2(b) and in proportion to how such Losses were allocated.

Losses. Except as provided in the Regulatory Allocation Exhibit and subject to Section 6.6, Losses shall be allocated as follows: (a) After giving effect First, to the special Partners that have been allocated Profits pursuant to Section 6.2(f) until the cumulative Losses allocated pursuant to this Section 6.3(a) equals the cumulative prior allocations set forth in of Profits pursuant to Section 5.3 and 6.2(f); (b) Second, to the Partners that have been allocated Profits pursuant to Section 5.46.2(e) until the cumulative Losses allocated pursuant to this Section 6.3(b) equals the cumulative prior allocations of Profits pursuant to Section 6.2(e); (c) Third, Losses for any Allocation Year shall be allocated among to the Partners with positive Adjusted Capital Account balances in proportion to those balances; (d) Finally, all remaining Losses shall be allocated to the Partners in proportion to accordance with their respective Percentage percentage Partnership Interests. (be) The Notwithstanding the foregoing, Losses allocated pursuant to this Section 5.2(a) 6.3 shall not exceed the maximum amount of Losses that can be so allocated without causing any Limited Partner to have an Adjusted Capital Account Deficit deficit at the end of any Allocation Fiscal Year. In the event some but not all of the Limited Partners would have Adjusted Capital Account Deficits deficits as a result consequence of an allocation of Losses pursuant to this Section 5.2(a)6.3, Losses that would otherwise be allocated to a Partner pursuant to Section 5.2(a) but for the limitation set forth in this Section 5.2(b6.3(e) shall be allocated applied on a Limited Partner-by-Limited Partner basis so as to allocate the remaining Partners in proportion maximum permissible Losses to their relative Percentage Interestseach Limited Partner under Regulations Section 1.704-1(b)(2)(ii)(d). All remaining Losses in excess of the limitation limitations set forth in this Section 5.2(b6.3(e) shall be allocated to the General Partner. Profits for any Allocation Year subsequent to an Allocation Year for which the limitation set forth in this Section 5.2(b) was applicable shall be allocated (i) first, to reverse any Losses allocated to the General Partner pursuant to the third sentence of this Section 5.2(b) and (ii) second, to reverse any Losses allocated to the Partners pursuant to the second sentence of this Section 5.2(b) and in proportion to how such Losses were allocated.

Losses. (a) After giving effect to the special allocations set forth in Section 5.3 and 3.3 hereof, Losses shall be allocated as set forth in Section 5.43.2(a) below, subject to the limitation in Section 3.2(b) below. (a) Losses for any Allocation Year fiscal year shall be allocated among in the following order and priority: (i) First, to the Class B Limited Partners having positive Capital Account balances in the ratio of such positive Capital Account balances until the Capital Account balances of all of the Class B Limited Partners have been reduced to zero; (ii) Next, to the Class A Limited Partners having positive Capital Account balances apportioned in accordance with their Percentage Interests until the Capital Account balances of all of the Class A Limited Partners have been rendered to zero; and (iii) Thereafter, to the Partners pro rata, in proportion proportions equal to their respective each Partner's Percentage InterestsInterest. (b) The Losses allocated pursuant to Section 5.2(a3.2(a) hereof shall not exceed the maximum amount of Losses that can be so allocated without causing any Partner to have an Adjusted a Capital Account Deficit deficit at the end of any Allocation Yearfiscal year. In the event some but not all All Losses in excess of the limitations set forth in this Section 3.2(b) shall be reallocated among the other Partners would have Adjusted Capital Account Deficits as a result according to their Percentage Interests, and subsequent allocations of an Profits shall be specially allocated to the extent possible to reverse the prior special allocation of Losses pursuant to Section 5.2(a), Losses that would otherwise be allocated to a Partner pursuant to Section 5.2(a) but for the limitation set forth in this Section 5.2(b) shall be allocated to the remaining Partners in proportion to their relative Percentage Interests. All remaining Losses in excess of the limitation set forth in this Section 5.2(b) shall be allocated to the General Partner. Profits for any Allocation Year subsequent to an Allocation Year for which the limitation set forth in this Section 5.2(b) was applicable shall be allocated (i) first, to reverse any Losses allocated to the General Partner pursuant to the third sentence of this Section 5.2(b) and (ii) second, to reverse any Losses allocated to the Partners pursuant to the second sentence of this Section 5.2(b) and in proportion to how such Losses were allocated3.2(b).

Losses. (a) After giving effect to the special allocations set forth in Section 5.3 and Section 5.43.5 hereof, Losses for any Allocation Year fiscal year or other period shall be allocated as set forth in Section 3.4(b)(i) below, subject to the limitations in Sections 3.4(b)(ii) and 3.4(b)(iii) below. (i) Losses shall be allocated among the Partners in proportion to accordance with their respective Percentage Interests. (bii) The Losses allocated pursuant to Section 5.2(a3.4(b)(i) hereof shall not exceed the maximum amount of Losses that can be so allocated without causing the total Losses allocated to UTELCOM (and its predecessor in interest, the GTE Limited Partner) pursuant to Section 3.4(b)(i) for such year and all prior fiscal years beginning after December 31, 1988 in excess of the total Profits (which, pursuant to Section 3.1(j)(vi), does not include any items that are specially allocated pursuant to Section 3.5 hereof) allocated to UTELCOM (and its predecessor in interest, the GTE Limited Partner) pursuant to Section 3.4(a) for such year and all prior fiscal years beginning after December 31, 1988 to exceed the sum of $75,000,000 plus the amount of GTE Special Contributions made under Sections 2.2(a), (b) and (d) of the Original Limited Partnership Agreement. All Losses in excess of the limitation set forth in this Section 3.4(b)(ii) shall be allocated to the Original United Partners. (iii) Losses allocated pursuant to Sections 3.4(b)(i) and 3.4(b)(ii) hereof shall not exceed the maximum amount of Losses that can be so allocated without causing any Limited Partner to have an Adjusted Limited Partner Capital Account Deficit at the end of any Allocation Yearfiscal year (or portion thereof). In the event some but not all All Losses in excess of the Partners would have Adjusted Capital Account Deficits as a result of an allocation of Losses pursuant to Section 5.2(a), Losses that would otherwise be allocated to a Partner pursuant to Section 5.2(a) but for the limitation limitations set forth in this Section 5.2(b) shall be allocated to the remaining Partners in proportion to their relative Percentage Interests. All remaining Losses in excess of the limitation set forth in this Section 5.2(b3.4(b)(iii) shall be allocated to the General Partner. Profits for any Allocation Year subsequent to an Allocation Year for which the limitation set forth in this Section 5.2(b) was applicable shall be allocated (i) first, to reverse any Losses allocated to the General Partner pursuant to the third sentence of this Section 5.2(b) and (ii) second, to reverse any Losses allocated to the Partners pursuant to the second sentence of this Section 5.2(b) and in proportion to how such Losses were allocated.