Sharing of Net Profits and Net Losses Sample Clauses

Sharing of Net Profits and Net Losses. The Net Profits and Net Losses shall be credited and charged to the Capital Accounts of the Members as follows: (a) Net Losses for each taxable year of the Company shall be allocated 0% to the Common Unit Holders, as a class, and 100% to the Preferred Unit Holders, as a class. (b) Before Payout, Net Profits for each taxable year of the Company shall be allocated to the Preferred Unit Holders, as a class. (c) After Payout, any Net Profits for a taxable year of the Company remaining after the allocation required by Section 9.1(b) above shall be allocated 50% to the Common Unit Holders, as a class, and 50% to the Preferred Unit Holders, as a class. (d) Whenever Net Profits or Net Losses are allocated to holders of a class of Units, such allocations shall be apportioned among such holders in proportion to the number of Units held by such Persons. (e) Notwithstanding the foregoing, no Member shall be allocated any Net Losses for any year to the extent that the allocation would, as of the end of the year, create or increase a deficit in the Member’s Capital Account, after it has been reduced for any items of loss or expense described in Section 1.704-1(b) (2) (ii) (d) (4), (5) or (6) of the Treasury TOW Operation Agreement Attachment B Page 16 (f) Regulations and increased by any amount the Member is obligated to restore under the next to the last sentences of Treasury Regulations Sections 1.704.2(g)(1) and 1.704-2(i)(5) (“Deficit Member”). The foregoing provisions pertaining to adjustments to Capital Accounts are intended to satisfy the alternate test for economic effect set forth in Treasury Regulation Section 1.704-1(b)(ii)(d) and shall be interpreted consistently therewith. Net Losses which are not charged to a Deficit Member as a result of the foregoing shall be allocated to the Capital Accounts of any Members who would not have a deficit Capital Account as a result of the allocation, in proportion to their respective positive Capital Account balances or, if no such Members exist, then to all Members in accordance with the above allocations. If any Net Losses are so allocated to a Member, that Member subsequently shall be allocated all Net Profits which would otherwise have been allocated to a Deficit Member but for this sentence, until the aggregate amount of Net Profits so allocated equals the aggregate amount of Net Losses allocated to the Member pursuant to the preceding sentence.
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Sharing of Net Profits and Net Losses. If elected in accordance with this Exhibit J-1, MyoKardia shall have the right to elect to receive and bear a percentage between [***]% and [***] percent ([***]%) of all Net Profits and Net Losses, respectively, with respect to the [***] Products in the United States, pursuant to Section 1.1.3 of this Exhibit J-1, in consideration for paying the percentage of Registration Program Costs for [***] Products set forth in Section 1.1.2 of this Exhibit J-1 (for clarity, MyoKardia shall bear the same percentage of all Net Losses with respect to [***] Products in the United States as the percentage of all Net Profits it elects to receive with respect to [***] Products in the United States) (such percentage, the “DCM1 [***] Percentage Election”). If MyoKardia exercises the DCM1 [***] Option, Sanofi shall receive and bear the percentage of all Net Profits and Net Losses, respectively, with respect to [***] Products in the United States, which equals one hundred percent (100%) minus the DCM1 [***] Percentage Election.
Sample 1
Sharing of Net Profits and Net Losses. All Net Profits and Net Losses for any Accounting Period shall be allotted to the Capital Accounts of the Members in their Sharing Ratios.
Sample 1
Sharing of Net Profits and Net Losses. On a [***] basis, during the Profit/Loss Share Term for each Licensed Product Directed To an Oncology Collaboration Target, Sanofi and IGM will share, fifty percent (50%) to IGM and fifty percent (50%) to Sanofi, the Net Profits and Net Losses of Licensed Compounds and Licensed Products Directed To such Oncology Collaboration Target in the Profit/Loss Share Territory (the “Profit/Loss Share”).
Sample 1
Sharing of Net Profits and Net Losses 
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Related to Sharing of Net Profits and Net Losses

  • Allocation of Net Profits and Net Losses As of the last day of each Fiscal Period, any Net Profits or Net Losses for the Fiscal Period shall be allocated among and credited to or debited against the Capital Accounts of the Members in accordance with their respective Investment Percentages for such Fiscal Period.

  • Allocations of Net Profits and Net Losses Except as otherwise set forth herein, Net Profits and Net Losses shall be allocated for each Fiscal Year to the Members in proportion to their respective Capital Accounts.

  • Allocation of Net Income and Net Loss Net Income or Net Loss of the Partnership shall be determined as of the end of each calendar year and as of the end of any interim period extending through the day immediately preceding any (i) disproportionate Capital Contribution, (ii) disproportionate distribution, (iii) Transfer of a Partnership Interest in accordance with the terms of this Agreement, or (iv) Withdrawal Event. If a calendar year includes an interim period, the determination of Net Income or Net Loss for the period extending through the last day of the calendar year shall include only that period of less than twelve (12) months occurring from the day immediately following the last day of the latest interim period during the calendar year and extending through the last day of the calendar year. For all purposes, including income tax purposes, Net Income, if any, of the Partnership for each calendar year or interim period shall be allocated among the Partners in proportion to their respective Partnership Percentages for the calendar year or interim period. In the event of a Net Loss for a particular calendar year or interim period, then, for such calendar year or interim period, the Net Loss for such calendar year or interim period shall be allocated among the Partners in proportion to their respective Partnership Percentages for the calendar year or interim period.

  • Allocation of Profits and Losses The Company’s profits and losses shall be allocated to the Member.

  • Allocations of Net Income and Net Loss Except as otherwise provided in this Agreement, after giving effect to the special allocations in subparagraph 1(c) and paragraph 2, Net Income, Net Loss and, to the extent necessary, individual items of income, gain, loss or deduction, of the Partnership for each fiscal year or other applicable period of the Partnership shall be allocated among the General Partner and Limited Partners in accordance with their respective Percentage Interests.

  • Profits and Losses For financial accounting and tax purposes, the Company’s net profits or net losses shall be determined on an annual basis in accordance with the manner determined by the Board. In each year, profits and losses shall be allocated entirely to the Member.

  • Allocation of Profits and Losses Distributions Profits/Losses. For financial accounting and tax purposes, the Company's net profits or net losses shall be determined on an annual basis and shall be allocated to the Members in proportion to each Member's relative capital interest in the Company as set forth in Schedule 2 as amended from time to time in accordance with U.S. Department of the Treasury Regulation 1.704-1.

  • PROFITS/LOSSES For financial accounting and tax purposes, the Company's net profits or net losses shall be determined on an annual basis and shall be allocated to the Members in proportion to each Member's relative capital interest in the Company as set forth in Schedule 2 as amended from time to time in accordance with U.S. Department of the Treasury Regulation 1.704-1.

  • Allocations of Profits and Losses Except as otherwise provided in this Agreement, Profits and Losses (and, to the extent necessary, individual items of income, gain or loss or deduction of the Partnership) shall be allocated in a manner such that the Capital Account of each Partner after giving effect to the Special Allocations set forth in Section 5.05 is, as nearly as possible, equal (proportionately) to (i) the distributions that would be made pursuant to Article IV if the Partnership were dissolved, its affairs wound up and its assets sold for cash equal to their Carrying Value, all Partnership liabilities were satisfied (limited with respect to each non-recourse liability to the Carrying Value of the assets securing such liability) and the net assets of the Partnership were distributed to the Partners pursuant to this Agreement, minus (ii) such Partner’s share of Partnership Minimum Gain and Partner Nonrecourse Debt Minimum Gain, computed immediately prior to the hypothetical sale of assets. For purposes of this Article V, each Unvested Unit shall be treated as a Vested Unit. Notwithstanding the foregoing, the General Partner shall make such adjustments to Capital Accounts as it determines in its sole discretion to be appropriate to ensure allocations are made in accordance with a partner’s interest in the Partnership.

  • 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.

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