No Excess Deficit. To the extent that any Member has or would have, as a result of an allocation of Loss (or item thereof), an Adjusted Capital Account Deficit, such amount of Loss (or item thereof) shall be allocated to the other Members in accordance with Section 8.02(a), but in a manner which will not produce an Adjusted Capital Account Deficit as to such Members. To the extent such allocation would result in all Members having Adjusted Capital Account Deficits, such Loss shall be allocated to the Managing Members.
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Samples: Limited Liability Company Agreement (Zell Samuel), Limited Liability Company Agreement (Zell Samuel)
No Excess Deficit. To the extent that any Member has or would have, as a result of an allocation of Loss (or item thereof), an Adjusted Capital Account Deficit, such amount of Loss (or item thereof) shall be allocated to the other Members in accordance with Section 8.02(a)2.1 of this Appendix A, but in a manner which will not produce an Adjusted Capital Account Deficit as to such Members. To the extent such allocation would result in all Members having Adjusted Capital Account Deficits, such Loss shall be allocated to the Managing Members.
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Samples: Management Agreement (American Casino & Entertainment Properties LLC)
No Excess Deficit. To the extent that any Member has or would have, as a result of an allocation of Loss (or item thereof), ) an Adjusted Capital Account Deficit, such amount of Loss (or item thereof) shall be allocated to the other Members in accordance with Section 8.02(a)7.1, but in a manner which will not produce an Adjusted Capital Account Deficit as to such Members. To the extent such allocation would result in all Members having Adjusted Capital Account Deficits, such Loss shall be allocated to the Managing MembersMembers in accordance with their Percentage Interest.
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Samples: Limited Liability Company Agreement (Brookdale Senior Living Inc.)
No Excess Deficit. To the extent that any Member 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 Members in accordance with Section 8.02(a5.1(b), but in a manner which will not produce an Adjusted Capital Account Deficit as to such MembersMember. To the extent such allocation would result in all Members having Adjusted Capital Account Deficits, such Net Loss (or item thereof) shall be allocated to the Managing MembersMember.
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Samples: Operating Agreement (StartEngine Real Estate REIT 1 LLC)
No Excess Deficit. To the extent that any Member has or would have, as a result of an allocation of Loss loss (or an item thereof), an Adjusted Capital Account Deficit, such amount of Loss loss (or an item thereof) shall be allocated to the other Members in accordance with Section 8.02(a)this Paragraph 1.3, but in a manner which will not produce an Adjusted Capital Account Deficit as to any such Members. To the extent such allocation would result in all Members having Adjusted Capital Account Deficits, such Loss shall be allocated to the Managing MembersMember.
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