Special Allocations. The following special allocations shall be made in the following order, prior to the allocations specified in Section 5.04(a) of this Agreement:
Appears in 20 contracts
Samples: Partnership Agreement, Partnership Agreement (Newmark Group, Inc.), Partnership Agreement (BGC Partners, Inc.)
Special Allocations. The Notwithstanding any provisions of Section 4.1 to the contrary, the following special allocations shall be made in the following order, prior to the allocations specified in Section 5.04(a) of this Agreement:
Appears in 20 contracts
Samples: Limited Partnership Agreement (CBL/Regency I, LLC), Limited Partnership Agreement (CBL/Regency I, LLC), Limited Partnership Agreement (CBL/Regency I, LLC)
Special Allocations. The Notwithstanding any provisions of Section 6.1, the following special allocations shall be made in the following order, prior to the allocations specified in Section 5.04(a) order of this Agreementpriority:
Appears in 18 contracts
Samples: Merger Agreement (Healthcare Realty Trust Inc), Limited Partnership Agreement (American Healthcare REIT, Inc.), Limited Partnership Agreement (Griffin-American Healthcare REIT IV, Inc.)
Special Allocations. The following special allocations shall be made in the following order, order and immediately prior to the general allocations specified in of Section 5.04(a) of this Agreement:6.2(a):
Appears in 7 contracts
Samples: Limited Liability Company Agreement (J. Alexander's Holdings, Inc.), Limited Liability Company Agreement (J. Alexander's Holdings, Inc.), Limited Liability Company Agreement (J. Alexander's Holdings, Inc.)
Special Allocations. The Notwithstanding the foregoing provisions of this Article V, the following special allocations Allocations shall be made in the following order, prior to the allocations specified in Section 5.04(a) of this Agreement:
Appears in 6 contracts
Samples: LLC Operating Agreement (Opening Night Enterprises, LLC), LLC Operating Agreement (Opening Night Enterprises, LLC), LLC Operating Agreement (Opening Night Enterprises, LLC)
Special Allocations. The Prior to making any allocations under Section 7.5 or Section 7.6, the following special allocations shall be made in the following order, prior to the allocations specified in Section 5.04(a) of this Agreement:
Appears in 5 contracts
Samples: Partnership Agreement (Special Value Continuation Partners, LP), Partnership Agreement (Special Value Continuation Partners, LP), Partnership Agreement (Special Value Continuation Fund, LLC)
Special Allocations. The following special allocations shall be made in the following order, order prior to the any allocations specified in pursuant to Section 5.04(a) of this Agreement6.1 hereof:
Appears in 5 contracts
Samples: Limited Liability Company Agreement (JGWPT Holdings Inc.), Limited Liability Company Agreement (JLL JGW Distribution, LLC), Limited Liability Company Agreement (JGWPT Holdings Inc.)
Special Allocations. The Notwithstanding any of the provisions set forth above in this Article V to the contrary, the following special allocations shall be made in the following order, prior to the allocations specified in Section 5.04(a) of this Agreement:
Appears in 4 contracts
Samples: Limited Liability Company Agreement (NextDecade Corp.), Operating Agreement (Matrix Bancorp Inc), Limited Liability Company Agreement (Hanover Capital Mortgage Holdings Inc)
Special Allocations. The Notwithstanding any provisions of Section 6.1(a) hereof, the following special allocations shall be made in the following order, prior to the allocations specified in Section 5.04(a) of this Agreement:
Appears in 4 contracts
Samples: Limited Partnership Agreement (Starwood Hotel & Resorts Worldwide Inc), Limited Partnership Agreement (Starwood Hotel & Resorts Worldwide Inc), Limited Partnership Agreement (Starwood Hotel & Resorts Worldwide Inc)
Special Allocations. The Notwithstanding the preceding provisions of this Article 8, the following special allocations shall be made in the following order, prior to the allocations specified in Section 5.04(a) of this Agreement:
Appears in 4 contracts
Samples: Operating Agreement (Armed Forces Brewing Company, Inc.), Equity Incentive Plan (Armed Forces Brewing Company, Inc.), Joint Venture Agreement
Special Allocations. The following special allocations shall be made in the following order, order and immediately prior to the general allocations specified in of Section 5.04(a) of this Agreement6.1:
Appears in 4 contracts
Samples: Limited Liability Company Agreement (Black Knight, Inc.), Limited Liability Company Agreement (Cannae Holdings, Inc.), Limited Liability Company Agreement (Black Knight, Inc.)
Special Allocations. The Notwithstanding any other provisions of this Section 5.01, the following special allocations shall be made in the following order, prior to the making any allocations specified provided for in Section 5.04(a5.01(a) of this Agreementabove:
Appears in 4 contracts
Samples: Limited Liability Company Agreement (Duncan Energy Partners L.P.), Agreement of Limited Partnership (Duncan Energy Partners L.P.), Limited Partnership Agreement (Duncan Energy Partners L.P.)
Special Allocations. The Notwithstanding any of the provisions set forth above to the contrary, the following special allocations shall be made in the following order, prior to the allocations specified in Section 5.04(a) of this Agreement:
Appears in 4 contracts
Samples: Limited Liability Company Agreement (Carlyle Secured Lending, Inc.), Limited Liability Company Agreement (TCG Bdc, Inc.), Limited Liability Company Agreement
Special Allocations. The Notwithstanding any other provisions of this Section 4.2, the following special allocations shall be made in the following order, prior to the making any allocations specified provided for in Section 5.04(a4.2(a) of this Agreementabove:
Appears in 4 contracts
Samples: Limited Partnership Agreement (Crestwood Midstream Partners LP), Merger Agreement (Crestwood Midstream Partners LP), Merger Agreement
Special Allocations. The Notwithstanding any provisions of Section 5.1, the following special allocations shall be made in the following order, prior to the allocations specified in Section 5.04(a) of this Agreement:
Appears in 4 contracts
Samples: Limited Partnership Agreement (HTS-Sunset Harbor Partner, L.L.C.), Limited Partnership Agreement (HTS-Sunset Harbor Partner, L.L.C.), Agreement of Limited Partnership (Trump Entertainment Resorts Holdings Lp)
Special Allocations. The following special allocations shall be made in the following order, order prior to the any allocations specified in pursuant to Section 5.04(a) of this Agreement6.1:
Appears in 4 contracts
Samples: Limited Liability Company Agreement (FXCM Inc.), Restructuring Support Agreement (Global Brokerage, Inc.), Limited Liability Company Agreement (Springleaf Holdings, Inc.)
Special Allocations. The Notwithstanding anything to the contrary in this Article 7, the following special allocations shall be made in the following order, prior to the allocations specified in Section 5.04(a) of this Agreement:
Appears in 4 contracts
Samples: Member Control Agreement (Lakes Gaming Inc), Member Control Agreement (Lakes Gaming Inc), Limited Liability Company Agreement (WPT Enterprises Inc)
Special Allocations. The Notwithstanding anything to the contrary in Section 4.1, the following special allocations shall be made in the following order, prior to the allocations specified in Section 5.04(a) of this Agreement:will apply.
Appears in 3 contracts
Samples: Limited Liability Company Agreement (GoDaddy Inc.), Limited Liability Company Agreement (GoDaddy Inc.), Limited Liability Company Agreement (GoDaddy Inc.)
Special Allocations. The Notwithstanding the foregoing provisions of Article IV, the following special allocations shall be made apply in the following order, prior to the allocations specified in Section 5.04(a) of this Agreement:
Appears in 3 contracts
Samples: Operating Agreement, Operating Agreement (West Corp), Operating Agreement (West Corp)
Special Allocations. The following special allocations shall be made in the following order, order and immediately prior to the general allocations specified in of Section 5.04(a) of this Agreement6.01:
Appears in 3 contracts
Samples: Contribution Agreement (Trxade Group, Inc.), Limited Liability Company Agreement (Trxade Group, Inc.), Limited Liability Company Agreement (PSAV, Inc.)
Special Allocations. The Notwithstanding the provisions of Section E.2, the following special allocations shall be made in the following order, prior to the allocations specified in Section 5.04(a) of this Agreementmade:
Appears in 3 contracts
Samples: Limited Liability Company Operating Agreement (Trinity Place Holdings Inc.), Stock Purchase Agreement (Trinity Place Holdings Inc.), Stock Purchase Agreement (Trinity Place Holdings Inc.)
Special Allocations. The following special allocations shall shall, except as otherwise provided, be made prior to allocations in Section 5.4(a)-(d) in the following order, prior to the allocations specified in Section 5.04(a) of this Agreement:
Appears in 3 contracts
Samples: Liquidating Trust Agreement (Icon Eci Fund Fifteen, L.P.), Liquidating Trust Agreement (ICON ECI Fund Sixteen), Liquidating Trust Agreement (ICON Equipment & Corporate Infrastructure Fund Fourteen, L.P.)
Special Allocations. The Notwithstanding any provisions of Section 3.1, the following special allocations shall be made in the following order, prior to the allocations specified in Section 5.04(a) of this Agreement:
Appears in 3 contracts
Samples: Limited Partnership Agreement, Limited Partnership Agreement (Regency Centers Corp), Limited Partnership Agreement (Regency Centers Corp)
Special Allocations. The Notwithstanding any of the provisions set forth above in this ARTICLE IV to the contrary, the following special allocations shall be made in the following order, prior to the allocations specified in Section 5.04(a) of this Agreement:
Appears in 2 contracts
Samples: Limited Liability Company Agreement (Hydron Technologies Inc), Limited Liability Company Agreement (Public Media Works Inc)
Special Allocations. The following special allocations allocations, which supersede those of Section 4.1, shall be made in the following order, prior to the allocations specified in Section 5.04(a) of this Agreement:
Appears in 2 contracts
Samples: Operating Agreement (Esoteric Brewing Company, LLC), Operating Agreement (Esoteric Brewing Company, LLC)
Special Allocations. The Notwithstanding any other provision of this Section 6.2, the following special allocations shall be made in the following order, prior to the allocations specified in Section 5.04(a) of this Agreement:
Appears in 2 contracts
Samples: Operating Agreement (RCN Corp /De/), License Agreement (Nstar/Ma)
Special Allocations. The following special allocations shall be made in the following order, order prior to the any allocations specified in pursuant to Section 5.04(a) of this Agreement:4.1(a):
Appears in 2 contracts
Samples: Purchase and Sale Agreement (Williams Partners L.P.), Limited Liability Company Agreement (Williams Partners L.P.)
Special Allocations. The Notwithstanding any provisions of Section 4.4(a) or Section 4.4(b), the following special allocations shall be made in the following order, prior to the allocations specified in Section 5.04(a) of this Agreement:
Appears in 1 contract
Special Allocations. The Notwithstanding any provision of Section 7.1 to the contrary, the following special allocations shall be made in the following order, prior to the allocations specified in Section 5.04(a) of this Agreementorder and priority:
Appears in 1 contract
Samples: Operating and Member Control Agreement (Juhl Energy, Inc)
Special Allocations. The Notwithstanding any provisions of Section 4. 1 to the contrary, the following special allocations shall be made in the following order, prior to the allocations specified in Section 5.04(a) of this Agreement:
Appears in 1 contract
Samples: Limited Partnership Agreement (CBL & Associates Limited Partnership)
Special Allocations. The Notwithstanding any provisions of Sections 4.2(a), (b) or (c), the following special allocations shall be made in the following order, prior to the allocations specified in Section 5.04(a) of this Agreement:
Appears in 1 contract
Samples: Operating Agreement
Special Allocations. The Notwithstanding any other provision of this Article IV, the following special allocations shall be made in the following order, prior to the allocations specified in Section 5.04(a) of this Agreement:
Appears in 1 contract
Samples: Limited Partnership Agreement (HTS-Sunset Harbor Partner, L.L.C.)
Special Allocations. The following special allocations shall be made in the following order, prior to the allocations order specified in Section 5.04(a) of this Agreement:4.5(g):
Appears in 1 contract
Special Allocations. The Notwithstanding the provisions of Section 5.2, the following special allocations shall be made in the following order, prior to the allocations specified in Section 5.04(a) of this Agreementmade:
Appears in 1 contract
Special Allocations. The Notwithstanding any provisions, of Section 4.1 to the contrary, the following special allocations shall be made in the following order, prior to the allocations specified in Section 5.04(a) of this Agreement:
Appears in 1 contract
Special Allocations. The Notwithstanding any provisions of Section 4.2 to the contrary, the following special allocations shall be made in the following order, prior to the allocations specified in Section 5.04(a) of this Agreement:
Appears in 1 contract
Samples: Operating Agreement (General Growth Properties Inc)
Special Allocations. The Notwithstanding any of the provisions of Section 7 to the contrary, the following special allocations shall be made in the following order, prior to the allocations specified in Section 5.04(a) of this Agreement:
Appears in 1 contract
Special Allocations. The Notwithstanding Section 5.01, the following ------------------- special allocations shall be made in the following order, prior to the allocations specified in Section 5.04(a) of this Agreement:
Appears in 1 contract
Samples: Operating Agreement (First American Financial Corp)
Special Allocations. The following special allocations shall set forth in this Section 4.2 shall, if necessary, be made in the following order, prior to the allocations specified in Section 5.04(a) of this Agreement:
Appears in 1 contract
Samples: Operating Agreement (Universal Health Realty Income Trust)
Special Allocations. The Notwithstanding the foregoing provisions of Section 5.2(a)(ii), the following special allocations shall will be made in the following order, prior to the allocations specified in Section 5.04(a) order of this Agreementpriority:
Appears in 1 contract
Samples: Limited Liability Company Agreement (Black Ridge Oil & Gas, Inc.)
Special Allocations. The Notwithstanding anything to the contrary in this ARTICLE 6, the following special allocations shall be made in the following order, prior to the allocations specified in Section 5.04(a) of this Agreement:
Appears in 1 contract
Special Allocations. The Notwithstanding any provision of Section 5.3(a) ------------------- -------------- or (b), the following special allocations shall be made in the following order, prior to the allocations specified in Section 5.04(a) of this Agreement:: ---
Appears in 1 contract
Special Allocations. The Subject to Section 3.1 (b), the following special allocations shall be made in the following order, prior to the allocations specified in Section 5.04(a) of this Agreement:
Appears in 1 contract
Special Allocations. The Notwithstanding Section 5.2 above, the following special allocations shall be made in the following order, prior to the allocations specified in Section 5.04(a) of this Agreement:
Appears in 1 contract
Samples: Securities Purchase Agreement (Glimcher Realty Trust)
Special Allocations. The Notwithstanding any provisions of Section 5.1 to the contrary, the following special allocations shall be made in the following order, prior to the allocations specified in Section 5.04(a) of this Agreement:
Appears in 1 contract
Samples: Agreement of Limited Partnership (CBL/Regency I, LLC)
Special Allocations. The Notwithstanding any provision of Section to the contrary, the following special allocations shall be made in the following order, prior to the allocations specified in Section 5.04(a) of this Agreementorder and priority:
Appears in 1 contract
Samples: Operating and Member Control Agreement (Juhl Energy, Inc)
Special Allocations. The Notwithstanding anything in Section 1.2 to the contrary, the following special allocations shall will be made in the following order, prior to the allocations specified in Section 5.04(a) of this Agreement:
Appears in 1 contract
Samples: Limited Liability Company Agreement (Genius Products Inc)
Special Allocations. The Notwithstanding Section 5.01, the following special allocations shall be made in the following order, prior to the allocations specified in Section 5.04(a) of this Agreement:: (
Appears in 1 contract
Samples: Operating Agreement (First American Financial Corp)
Special Allocations. The Notwithstanding Section 5.01, the following special allocations shall be made in the following order, prior to the allocations specified in Section 5.04(a) of this Agreement:
Appears in 1 contract
Special Allocations. The Notwithstanding any provisions of SECTION 4.1(a), the following special allocations shall be made in the following order, prior to the allocations specified in Section 5.04(a) of this Agreement:
Appears in 1 contract
