Common use of Profit or Loss Clause in Contracts

Profit or Loss. At the end of each Fiscal Year of the Partnership, the Profit or Loss of the Partnership for such Fiscal Year shall be determined. After giving effect to any special allocations pursuant to Sections 6.02(b) and 6.03, the Profit or Loss for the Fiscal Year shall be allocated among the Partners so that to the extent possible, the net amounts of Profits and Losses and items specially allocated pursuant to Sections 6.02(b) and 6.03, allocated for such Fiscal Year and all preceding Fiscal Years to the General Partner as a class, and to the Limited Partners as a class, respectively, is equal in the case of each class to the amount that would be allocated to the class if the Profits and Losses and items so specially allocated for such Fiscal Year and all previous Fiscal Years were aggregated and the net result (the “Cumulative Profit” or “Cumulative Loss”) were allocated as follows: (1) if there is a Cumulative Profit, (i) First, to the Partners who received an allocation of Cumulative Loss pursuant to the last sentence of Section 6.02(b) hereof (i.e., which would have been allocated to another Partner but for the creation of an Adjusted Capital Account Deficit for that Partner), an amount of Cumulative Profit equal to the allocations of Cumulative Loss previously made pursuant to such last sentence of Section 6.02(b) hereof (without duplication) in reverse order to which such prior Cumulative Losses were allocated; and (ii) Second, to all Partners in proportion to their respective Partnership Percentages. (2) if there is a Cumulative Loss, among the Partners in proportion to their Partnership Percentages.

Appears in 4 contracts

Samples: Limited Partnership Agreement, Limited Partnership Agreement (Triangle Capital CORP), Agreement of Limited Partnership (Triangle Capital CORP)

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