Common use of Special Limitation Clause in Contracts

Special Limitation. Loss allocated to the Members for any Fiscal Year pursuant to Section 5.03 shall not exceed the maximum amount of such Loss that can be so allocated without causing any Member to have an Adjusted Capital Account Deficit at the end of such Fiscal Year. In the event some but not all of the Members would have such Adjusted Capital Account Deficits as a consequence of an allocation of Loss for a Fiscal Year pursuant to Section 5.03, the limitation set forth in the first sentence of this Section 5.04 shall be applied so as to allocate the maximum permissible amount of such Loss to each Member under Section 1.704-1(b)(2)(ii)(d) of the Treasury Regulations.

Appears in 2 contracts

Samples: Limited Liability Company Agreement (Lazare Kaplan International Inc), Limited Liability Company Agreement (Lazare Kaplan International Inc)

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Special Limitation. Loss allocated to the Members for any Fiscal Year year pursuant to Section 5.03 5.3.1 shall not exceed the maximum amount of such Loss that can be so allocated without causing any Member to have an Adjusted Capital Account Deficit at the end of such Fiscal Year. In the event some but not all of the Members would have such Adjusted Capital Account Deficits as a consequence of an allocation of Loss for a Fiscal Year pursuant to Section 5.035.3.1, the limitation set forth in the first sentence of this Section 5.04 5.3.2 shall be applied so as to allocate the maximum permissible amount of such Loss to each Member under Section 1.704-1(b)(2)(ii)(d) of the Treasury Regulations.

Appears in 1 contract

Samples: Operating Agreement (Xethanol Corp)

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Special Limitation. Loss allocated to the Members for any Fiscal Year year pursuant to Section 5.03 3.3.1 shall not exceed the maximum amount of such Loss that can be so allocated without causing any Member to have an Adjusted Capital Account Deficit at the end of such Fiscal Year. In the event some but not all of the Members would have such Adjusted Capital Account Deficits as a consequence of an allocation of Loss for a Fiscal Year pursuant to Section 5.033.3.1, the limitation set forth in the first sentence of this Section 5.04 3.3.2 shall be applied so as to allocate the maximum permissible amount of such Loss to each Member under Section 1.704-1(b)(2)(ii)(d) of the Treasury Regulations.

Appears in 1 contract

Samples: Operating Agreement (Immunomedics Inc)

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