Profit and Loss Allocation Sample Clauses

Profit and Loss Allocation. (a) All Net Profits and Net Loss of the Company for any fiscal year or other applicable period, determined in accordance with applicable provisions of the Code and this Agreement, shall be allocated among the Members in proportion to their Percentage Interests.
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Profit and Loss Allocation. 4.1 Net Profits and Net Losses. Net profits or net losses for any fiscal year shall be allocated among the Members in proportion to such Members' Membership Percentage.
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Profit and Loss Allocation. The Sellers and the Buyers -------------------------- agree that the profit and loss of Florimex Germany and its subsidiaries that are participants in the Organschaft and taxes with respect thereto for the fiscal year ended June 30, 1998, and for the interim period from July 1, 1998 until and including the Closing Date shall be allocated to and shall inure to the benefit of the Sellers, and that the profit and loss of Florimex Germany and its subsidiaries that are participants in the Organschaft and taxes with respect thereto after the Closing Date shall be allocated to and inure to the benefit of the Buyers. The Sellers covenant and agree that, at or before Closing, they will, in a manner reasonably acceptable to Buyers, assign or terminate all existing profit and loss transfer agreements and/or domination agreements and all agreements of like import, with respect to Florimex Germany and its subsidiaries that are participants in the Organschaft so as to effectuate the purpose and intent of the immediately preceding sentence, and shall cooperate with the Buyers to execute all such documents and do all such other acts and things as may be reasonably necessary in order to give effect to this Section 9.05.
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Profit and Loss Allocation. Items of Profit and Loss shall be determined and allocated separately for each Tranche. All items of Profit and Loss attributable to a Tranche shall be allocated as follows:
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Profit and Loss Allocation. The Company and the Shareholder agree that (i) the purchase price paid for the Participating Shares pursuant to the Subscription Agreement, (ii) the amount of any Acceptable Security, (iii) the Consideration (as defined below) and (iv) Investment Income (as defined below) shall be allocated to the Participating Shares on the Company’s books and records, and pursuant to the Shareholder’s election to utilize a segregated account pursuant to the Company's registration under the Act. Such amounts allocated to the Participating Shares will be reduced by (i) Incurred Losses (as defined below), (ii) Allocated Loss Adjustment Expenses (as defined below) and (iii) Expenses (as defined below). The term “Consideration” as used in this Agreement shall mean the consideration paid to the Reinsurer.
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Profit and Loss Allocation. The parties each acknowledge and agree that Assignor shall be allocated Assignor’s distributive share of the income, gain, loss, deductions and credits of the Company with respect to the Membership Interest for all taxable periods prior to the Effective Date (or on a proportionate basis for any partial year based upon the Effective Date, at the election of the Company). Assignee shall be allocated all income, gain, loss, deductions and credits of the Company with respect to the Membership Interest for all taxable periods following the Effective Date (or on a proportionate basis for any partial year based upon the Effective Date, at the election of the Company). As of the Effective Date, Assignor shall be entitled to no further distributions from the Company.
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Profit and Loss Allocation. 4.1 The Business Partners will share the profits and losses of the Business Partnership as follows:
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Profit and Loss Allocation 
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Related to Profit and Loss Allocation

  • Profit and Loss Subject to Section 5.1(d) hereof, Profit and Loss occurring on any day during the Fiscal Year shall be allocated to the Holders' Book Capital Accounts at the end of such day in proportion to the Holders' respective Book Capital Account balances at the commencement of such day.

  • Allocation of Profit and Loss Article V, Section 5.01 of the Partnership Agreement is hereby deleted in its entirety and the following new Section 5.01 is inserted in its place:

  • Capital Accounts Allocations There shall be established in respect of each Holder a separate capital account in the books and records of the Up-MACRO Holding Trust in respect of the Holder's Capital Contributions to the Up-MACRO Holding Trust (each, a "Capital Account"), to which the following provisions shall apply:

  • Allocations of Profit and Loss Whenever a proportionate part of the Company’s Profit and Loss is allocated to the Member, every item of income, gain, loss, deduction and credit entering into the computation of such Profit or Loss applicable to the period during which such Profit or Loss was realized shall be allocated to the Member.

  • Book Allocations The net income and net loss of the Company shall be allocated entirely to the Member.

  • Capital Accounts and Allocations (a) CAPITAL ACCOUNTS. A separate capital account (a "Capital Account") shall be established and maintained for each Member, which shall initially be equal to the Capital Contribution of such Member as set forth on Schedule A hereto. Such Capital Accounts shall be maintained in accordance with Section 1.704-1(b)(2)(iv) of the Treasury Regulations, and this Section 5.2 shall be interpreted and applied in a manner consistent with said Section of the Treasury Regulations. The Capital Accounts shall be maintained for the sole purpose of allocating items of income, gain, loss and deduction among the Members and shall have no effect on the amount of any distributions to any Members in liquidation or otherwise. The amount of all distributions to Members shall be determined pursuant to Sections 5.3, 5.4 and 5.5.

  • Tax Allocations Each item of income, gain, loss or deduction recognized by the Company shall be allocated among the Members for U.S. federal, state and local income tax purposes in the same manner that each such item is allocated to the Member’s Capital Accounts pursuant to Section 3.2(d) or as otherwise provided herein, provided that the Board may adjust such allocations as long as such adjusted allocations have substantial economic effect or are in accordance with the interests of the Members in the Company, in each case within the meaning of the Code and the Treasury Regulations. Tax credits and tax credit recapture shall be allocated in accordance with the Members’ interests in the Company as provided in Treasury Regulations section 1.704-1(b)(4)(ii). Items of Company taxable income, gain, loss and deduction with respect to any property (other than cash) contributed to the capital of the Company or revalued shall, solely for tax purposes, be allocated among the Members, as determined by the Board in accordance with Section 704(c) of the Code, so as to take account of any variation between the adjusted basis of such property to the Company for U.S. federal income tax purposes and its fair market value at the time of contribution or revaluation, as the case may be. All of the Members agree that the Board is authorized to select the method or convention, or to treat an item as an extraordinary item, in relation to any variation of any Member’s interest in the Company described in section 1.706-4 of the Treasury Regulations in determining the Members’ distributive shares of Company items. All matters concerning allocations for U.S. federal, state and local and non-U.S. income tax purposes, including accounting procedures, not expressly provided for by the terms of this Agreement shall be determined by the Board in its sole discretion. Each Class B Ordinary Share is intended to be treated as a profits interest for U.S. federal income tax purposes, and all of the Members agree to report consistently with, and to take any action requested by the Board to ensure, such treatment.

  • Distributions and Allocations All distributions of cash or other property (except upon the Company's dissolution, which shall be governed by the applicable provisions of the Act and Article IX hereof) and all allocations of income, profits, and loss shall be made 100% to the Member in accordance with its Membership Interest. All amounts withheld pursuant to the Code or any provisions of state or local tax law with respect to any payment or distribution to the Member from the Company shall be treated as amounts distributed to the Member pursuant to this Section 7.3. Notwithstanding any provision to the contrary contained in this Agreement, the Company shall not be required to make a distribution to the Member on account of its interest in the Company if such distribution would violate Section 18-607 of the Act or any other applicable law.

  • Profits and Losses Distributions Until the admission of additional Members, the Original Member shall be entitled to all allocations of LLC profits and losses and to allocations of distributions.

  • Net Losses After giving effect to the special allocations set forth in Section 6.1(d), Net Losses for each taxable period and all items of income, gain, loss and deduction taken into account in computing Net Losses for such taxable period shall be allocated as follows:

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