Net Profits from Operations Sample Clauses

Net Profits from Operations. Except as otherwise provided in this Section 4.2 and subject to Article 7, 8 and 9 hereof, Net Profits from Operations shall be allocated in the following amounts and in the following priorities:
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Net Profits from Operations. Except as otherwise required by Sections 4.6, 4.7, and 4.8, all items of Net Profits from Operations, if any, for each Accounting Period, shall be allocated fifteen percent (15%) to the Manager and eighty-five percent (85%) to the Investors in proportion to their respective Ownership Percentages; provided, however, that the Net Profits from Operations allocable to the Investors pursuant to this Section 4.1 shall be allocated among the Investors in the amount of and in proportion to their sharing of the Early Investment Incentive and Advance Distribution until such time that the Investors have been allocated an amount of Net Profits from Operations equal to the Early Investment Incentive and Advance Distribution that such Investors actually received.
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Net Profits from Operations. Any net profits with respect to a particular Facility, other than net profits resulting from a sale or other disposition of such Facility, as determined on a quarterly basis, shall be allocated first to the parties to "reverse out" any prior net loss allocations made pursuant to Sections 3.15(a)(ii), (iii) and (iv) hereof in the reverse order made, and then to ALE to "match" any Preferred Equity Return, with any remaining net profit (i.e., any net overall profit in excess of previously allocated losses and ALE's Preferred Equity Return) to be allocated in proportion to the parties' then respective Percentage Interests. That is, any quarterly net profits shall be allocated (i) first, between ALS and ALE to restore any net losses previously allocated to them pursuant to Section 3.15(a)(iv) hereof, in proportion to their relative shares of such net losses; (ii) second, one hundred percent (100%) to ALS to restore any net losses allocated to it pursuant to Section 3.15(a)(iii) hereof; (iii) third, one hundred percent (100%) to ALE to reverse any net losses allocated to it pursuant to Section 3.15(a)(ii) hereof; (iv) fourth, one hundred percent (100%) to ALE to the extent that the total Preferred Equity Return computed through the end of such quarter exceeds the cumulative net profits previously allocated to ALE pursuant to this Section 3.15(c)(iv); and (v) lastly, between ALS and ALE in proportion to their respective Percentage Interests.
Sample 1
Net Profits from Operations. For each taxable year of the Partnership, the sum of (a) all Items of Partnership Income and Gain Required to be Separately Stated, and (b) the excess, if any, of (i) Partnership profits (including for tax purposes, all items of Partnership income and gain other than Items of Partnership Income and Gain Required to be Separately Stated) over (ii) all Partnership losses (including for tax purposes all items of Partnership deduction and loss other than Items of Partnership Deduction and Loss Required to be Separately Stated).
Sample 1
Net Profits from Operations. Any net profits with respect to a particular Facility, other than net profits resulting from a sale or other disposition of such Facility, as determined on a quarterly basis, shall be allocated first to "reverse out" any prior net loss allocations made pursuant to Sections 3.15(a)(ii), (iii) or (iv) hereof in the reverse order made, with any remaining net profit (i.e., any net overall profit in excess of losses previously allocated pursuant to such sections) to be allocated in proportion to the parties' then respective Percentage Interests. That is, any quarterly net profits shall be allocated
Sample 1

Related to Net Profits from Operations

  • Funds from Operations As defined by the National Association of Real Estate Investment Trusts, Funds From Operations means net income computed in accordance with GAAP, excluding gains (or losses) from sales of property, plus depreciation and amortization, and after adjustments for unconsolidated partnerships and joint ventures in which the REIT holds an interest.

  • Net Operating Income For any Real Estate and for a given period, an amount equal to the sum of (a) the rents, common area reimbursements, and service and other income for such Real Estate for such period received in the ordinary course of business from tenants or licensees in occupancy paying rent (excluding pre-paid rents and revenues and security deposits except to the extent applied in satisfaction of tenants’ or licensees’ obligations for rent and any non-recurring fees, charges or amounts including, without limitation, set-up fees and termination fees) minus (b) all expenses paid or accrued and related to the ownership, operation or maintenance of such Real Estate for such period, including, but not limited to, taxes, assessments and the like, insurance, utilities, payroll costs, maintenance, repair and landscaping expenses, marketing expenses, and general and administrative expenses (including an appropriate allocation for legal, accounting, advertising, marketing and other expenses incurred in connection with such Real Estate, but specifically excluding general overhead expenses of REIT and its Subsidiaries, any property management fees and non recurring charges), minus (c) the greater of (i) actual property management expenses of such Real Estate, or (ii) an amount equal to three percent (3.0%) of the gross revenues from such Real Estate excluding straight line leveling adjustments required under GAAP and amortization of intangibles pursuant to FAS 141R, minus (d) all rents, common area reimbursements and other income for such Real Estate received from tenants or licensees in default of payment or other material obligations under their lease, or with respect to leases as to which the tenant or licensee or any guarantor thereunder is subject to any bankruptcy, reorganization, arrangement, insolvency, readjustment of debt, dissolution, liquidation or similar debtor relief proceeding.

  • Net Profit The current and accumulated operating earnings of the Employer after Federal and state income taxes, excluding nonrecurring or unusual items of income, and before contributions to this and any other Qualified Plan of the Employer, unless the Employer has elected a different definition in the Adoption Agreement. Unless elected otherwise in the Adoption Agreement, Employer contributions to the Plan are not conditioned on profits.

  • Net Income and Net Loss All net income or net loss of the Company shall be for the account of the Member.

  • Variances From Operating Budget Furnish Agent, concurrently with the delivery of the financial statements referred to in Section 9.7 and each monthly report, a written report summarizing all material variances from budgets submitted by Borrowers pursuant to Section 9.12 and a discussion and analysis by management with respect to such variances.

  • Consolidated Net Income The consolidated net income of the Borrowers after deduction of all expenses, taxes, and other proper charges, determined in accordance with GAAP.

  • Distributions of Available Cash From Operating Surplus (a) During Subordination Period. Available Cash with respect to any Quarter within the Subordination Period that is deemed to be Operating Surplus pursuant to the provisions of Section 6.3 or 6.5 shall, subject to Section 17-607 of the Delaware Act, be distributed as follows, except as otherwise contemplated by Section 5.6 in respect of other Partnership Securities issued pursuant thereto:

  • Exclusions from Operating Expenses Operating Expenses exclude the following expenditures:

  • Operating Cash Flow As used in this Agreement, “Operating Cash Flow” shall mean and be defined, for any fiscal period, as all cash receipts of the Partnership from whatever source (but excluding Capital Cash Flow and excluding the proceeds of any Capital Contributions to the Partnership) during such period in question in excess of all items of Partnership expense (other than non-cash expenses such as depreciation) and other cash needs of the Partnership, including, without limitation, amounts paid by the Partnership as principal on debts and advances, during such period, capital expenditures and any reserves (as determined by the Managing General Partner) established or increased during such period. Operating Cash Flow shall be distributed to or for the benefit of the Partners of record as of the applicable record date not less frequently than quarterly, and shall be allocated among the Partners as follows:

  • Apportionment of Earnings and Profits and Tax Attributes (a) Tax Attributes arising in a Pre-Distribution Period will be allocated to (and the benefits and burdens of such Tax Attributes will inure to) the members of the Parent Group and the members of the SpinCo Group in accordance with the Code, Treasury regulations and any other Applicable Tax Law, and, in the absence of controlling legal authority or unless otherwise provided under this Agreement, Tax Attributes shall be allocated to the legal entity that created such Tax Attributes.

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