Common use of No Excess Deficit Clause in Contracts

No Excess Deficit. To the extent that any Shareholder has or would have, as a result of an allocation of Net Loss (or item thereof), an Adjusted Capital Account deficit, such amount of Net Loss (or item thereof) shall be allocated to the other Shareholders in accordance with this Article IV, Section 8, but in a manner which will not produce an Adjusted Capital Account deficit as to any such Shareholder. To the extent such allocation would result in all Shareholders having Adjusted Capital Account deficits, such Net Loss (or item thereof) shall be allocated in accordance with Article IV, Section 8(a). Any allocations of Net Loss (or item thereof) pursuant to this Article IV, Section 8(c)(iv) shall be reversed with a corresponding amount of Net Profits in subsequent years.

Appears in 9 contracts

Samples: Trust Agreement, Trust Agreement (Vs Trust), Trust Agreement (Dynamic Shares Trust)

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No Excess Deficit. To the extent that any Shareholder has or would have, as a result of an allocation of Net Loss (or item thereof), an Adjusted Capital Account deficit, such amount of Net Loss (or item thereof) shall be allocated to the other Shareholders in accordance with this Article IV, Section 86.1, but in a manner which will not produce an Adjusted Capital Account deficit as to any such Shareholder. To the extent such allocation would result in all Shareholders having Adjusted Capital Account deficits, such Net Loss (or item thereof) shall be allocated in accordance with Article IV, Section 8(a6.1(a). Any allocations of Net Loss (or item thereof) pursuant to this Article IV, Section 8(c)(iv6.1(c)(iv) shall be reversed with a corresponding amount of Net Profits in subsequent years.

Appears in 2 contracts

Samples: Trust Agreement (ETFS Collateralized Commodities Trust), Trust Agreement (ETFS Collateralized Commodities Trust)

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