Allocation of Net Loss Clause Samples

Allocation of Net Loss. After giving effect to the special allocations set forth in Sections 8.2 and 8.3 and subject to the limitation set forth in Section 8.1(c), the Net Loss for any fiscal year of the Company shall be allocated among the Members as follows: (i) First, among the Members to the extent of and in reverse order of the allocations of Net Profits pursuant to Section 8.1(a)(iii) (other than Net Profits allocated as the result of any revaluation of Company assets pursuant to Section 8.5(b)(ii)); (ii) Second, among the Members in proportion to their positive Adjusted Capital Account balances until all such Adjusted Capital Account balances are equal to zero; and (iii) Third, among the Members in proportion to their Percentage Interests.

Allocation of Net Loss. In the event the Cooperative shall incur a net loss in any calendar year, such loss will be charged against the Member’s capital accounts or other unallocated equity accounts. If the net loss exceeds such amounts, or in any event if the Board so determines, the amount of such loss must be carried forward to subsequent calendar years and allocated to members. Any such allocated net loss shall be charged first against unallocated equity accounts of prior calendar years and then against Member’s capital share allocations. Allocated net losses which are not offset will be charged against the carrying value of capital certificates only upon termination of membership.

Allocation of Net Loss. After giving effect to the special allocations set forth in Section 4.3, Section 4.4 and Section 4.5 hereof, if there is a Net Loss for any Fiscal Year, such Net Loss shall be allocated as set forth in Section 4.1(a) below, subject to the limitations in Section 4.1(b) below: (a) Net Loss for any Fiscal Year shall be allocated in the following order and priority: (i) First, to the Members, proportionately until the aggregate Net Loss allocated to each Member pursuant to this Section 4.1(a)(i) equals the aggregate Net Profit allocated to each Member pursuant to Section 4.2, with Net Loss being allocated to offset such prior allocations of Net Profit in the reverse order in which the same were made; (ii) The balance, if any, to the Members in proportion to their respective Percentage Interests. (b) Notwithstanding the allocations set forth in Section 4.1(a), no amount of Net Loss shall be allocated to any Member if such allocation would cause such Member to have an Adjusted Capital Account Deficit. The amount of the allocation of Net Loss which would otherwise have caused a Member to have an Adjusted Capital Account Deficit shall instead be allocated to those Members who would not have an Adjusted Capital Account Deficit as a result of the allocation in proportion to their Percentage Interests. If no Member may be allocated a Net Loss without creating or increasing an Adjusted Capital Account Deficit, then all further Net Loss shall be allocated among the Members in accordance with their Percentage Interests.

Allocation of Net Loss. Except as otherwise provided in this Article 4, Net Loss shall be allocated among the Members as follows: (i) first, to offset any Net Profits allocated pursuant to Section 4.1.1(i) hereof, and then to offset any Net Profits allocated pursuant to Section 4.1.1 (ii) hereof (in each case pro rata in proportion to their shares of Net Profits being offset); (ii) second, in proportion to the positive balances, if any, in the Members' respective Capital Accounts, until such balances are reduced to zero; and (iii) third, to the Members, pro rata, in accordance with their Percentage Interests; provided, however, that if, and to the extent that the allocation of Net Loss in this manner would cause a Member to have an Adjusted Capital Account Deficit at the end of the Fiscal Year, then such Net Loss shall instead be allocated to the Member who has the largest Percentage Interest.

Allocation of Net Loss. Subject to Sections 3.2(e)-(f), net loss shall be allocated between the Partners, pari passu, in accordance with their Ownership Percentages.

Allocation of Net Loss. Except as otherwise provided in this Article, Net Loss shall be allocated among the Members as follows: (i) first, in proportion to the positive balances, if any, in the Members' respective Capital Accounts, until such balances are reduced to zero; and (ii) thereafter, to the Members, in proportion to their Capital Contributions.

Allocation of Net Loss. After giving effect to the special allocations set forth in Sections 7.2(d) through 7.2(f) and subject to Section 7.2(c), net loss shall be allocated to the Members, pro rata in accordance with their respective Capital Ratios.

Allocation of Net Loss. Losses for each fiscal year shall be allocated among the Members as follows: 5.2.1 First, to the FCE Entity to the extent of the Priority Return allocated to the FCE Entity under Section 5.1.5 to the extent not previously distributed; 5.2.2 Second, to the FCE Entity an amount of loss equal to the FCE Entity’s Unreturned Capital; 5.2.3 Third, to the Members, to the extent of any Preferred Return allocated to the Members under Section 5.1.6 to the extent not previously distributed; 5.2.4 Fourth, to the Members, to the extent of their respective positive Capital Account balances; and 5.2.5 Last, to the Members in accordance with their respective Company Percentages.

Allocation of Net Loss. 4.1.1 For purposes of and prior to making allocations of Net Loss, Capital Accounts shall be determined as of the end of the Fiscal Year, after taking into account all adjustments and allocations pursuant to paragraphs 3.3, 4.1.3 and 4.9 hereof and all distributions during the Fiscal Year. 4.1.2 Subject to the next sentence and to paragraphs 4.1.3, 4.9 and 4.10 hereof, Net Loss shall be allocated only to the General Partner and the Class A Limited Partners and shall be allocated among such Partners pro rata in accordance with their respective Percentage Interests. Net Loss shall be allocated so as to comply with the "alternate test for economic effect" in Treasury Regulation Section 1.704-1(d) and in accordance with the requirements of the Internal Revenue Code regarding "qualified income offsets." (a) Depreciation and amortization deductions with respect to Partnership assets that secure indebtedness of the Partnership, where any Partner (or an affiliate of such Partner) (the "Lending Partner") is the lender or guarantor of the indebtedness ("Partner Indebtedness") shall be specially allocated to the Lending Partner to the extent required by Treasury Regulation Sections 1.704-2(i). (b) If a Lending Partner is specially allocated depreciation or amortization deductions corresponding to Partner Indebtedness pursuant to paragraph 4.1.3(a), items of income and gain shall be specially allocated to the Lending Partner in an amount equal to the decrease in the excess, if any, of the principal amount of such Partner Indebtedness over the aggregate adjusted tax basis of the Partnership assets securing such Partner Indebtedness, in the Fiscal Year (and, if necessary, subsequent Fiscal Years) in which such excess decreases or in which the assets are disposed of; provided, however, that the aggregate income and gain allocated to a Partner pursuant to this paragraph 4.1.3(b) shall not exceed the aggregate of the depreciation and amortization deductions allocated to the Partner pursuant to paragraph 4.1.3(a).