Negative Capital Account definition

Negative Capital Account means a Capital Account with a balance of less than zero.
Negative Capital Account means an estimated amount determined by Post in its reasonable discretion equal to the amount of taxable gain Post would realize if Post were to dispose of its interest in BellRing LLC for no consideration other than a release of Post’s share of BellRing LLC liabilities allocable to Post under Section 752 of the Code, the regulations thereunder and Treasury Regulations Section 1.704-2.
Negative Capital Account means, as to a Partner at a point in time, the amount, if any, by which (a) the sum of the aggregate Losses and distributions allocated to such Partner prior to such point in time exceeds (b) the sum of the aggregate Capital Contributions of such Partner, the aggregate operating Profits and gains allocated prior to such point in time to such Partner.

Examples of Negative Capital Account in a sentence

  • As for the securitization data, they have been obtained from the Dealogic database.

  • For purposes of this subsection G, in determining whether a Member has a Modified Negative Capital Account, there shall be taken into account those adjustments, allocations and distributions that, as of the end of the year, are reasonably expected to be made.

  • No Partner shall be obligated to restore a Negative Capital Account during the term of, or upon dissolution of, the Partnership.

  • No Member shall be obligated to restore a Negative Capital Account.

  • For purposes of this Section 12.9, in determining whether a Member has a Modified Negative Capital Account, there shall be taken into account those adjustments, allocations and distributions that, as of the end of the year, are reasonably expected to be made.


More Definitions of Negative Capital Account

Negative Capital Account. A Capital Account with a balance of less than zero. “Net Cash Flow.” The sum of (a) all cash received by Company from Owner or otherwise including but not limited to from rents, lease payments and all other revenue sources, but excluding (i) tenant security or other deposits, (ii) Capital Contributions (other than if used to pay for an item deducted below in determining Net Cash Flow), and (iii) Capital Transaction Proceeds realized by the Company, and (b) any other funds that the Manager reasonably deems available for distribution by the Company, less the sum of (c) (i) all cash expenditures and expenses unpaid but properly accrued, which have been incurred in the operation of the Company or the Company’s business (whether or not such expenditure is deducted, amortized or capitalized for tax purposes), (ii) all payments on account of any loans , including Debt Service, and all payments on account of any loans made to the Company by a Member, and (iii) any cash Reserves.
Negative Capital Account means a Capital Account
Negative Capital Account means a Capital Account with a balance less than zero and, where the context requires, the negative balance thereof, in each case as of the end of a Fiscal Year, after giving effect to the following:
Negative Capital Account means a Capital Account with a balance less than zero and, where the context requires, the negative balance thereof, in each case as of the end of a Fiscal Year, after giving effect to the following: (a) a credit for any amount required to be restored under Treas. Reg. Section 1.704-1(b)(2)(ii)(c), as well as any amounts in addition thereto pursuant to Treas. Reg. Sections 1.704-2(g)(1) and (i)(5), after taking into account any changes during such Fiscal Year in Company Minimum Gain and Member Nonrecourse Debt Minimum Gain; and (b) a debit of the items described in Treas. Reg. Sections 1.704-l(b)(2)(ii)(d)(4), (5) and (6).
Negative Capital Account means a Capital Account with a balance less than zero. (i) "Positive Capital Account" means a Capital Account with a balance greater than zero. (j) "Profit and Loss" means, for each fiscal year or other period, an amount equal to the Company's taxable income or loss for such year or period, determined in accordance with Section 703(a) of the Code (for this purpose, all 10 <PAGE> items of income, gain, loss, or deduction required to be stated separately pursuant to Section 703(a)(1) of the Code shall be included in taxable income or loss); provided, however, that in the event the Regulations promulgated under Section 704 of the Code require Book Value of assets to be used in determining profit or loss, then, for purposes of maintaining Capital Accounts in accordance with such Regulations, the taxable income or loss shall be computed using the Book Value of the assets. (k) "Restoration Amount" means, with respect to each Member: (a) the Member's share of Minimum Gain and (b) the amount, if any, which the Member is unconditionally required under this Agreement or by law to contribute to the Company (including the Member's share of debts of the Company that the Member has guaranteed and loans made by a Member to the Company).
Negative Capital Account means a Capital Account with a balance of less than zero. "Nonrecourse Deductions" has the meaning set forth in Regulation
Negative Capital Account means a Capital Account with a balance of less than zero. Notice of Transfer shall have the meaning set forth in Section 7.3(a) of this Agreement.