Common use of Allocation of Profits and Losses Distributions Clause in Contracts

Allocation of Profits and Losses Distributions. The Company’s profits and losses shall be allocated to the Managing Member. Distributions shall be made to the Managing Member at the times and in the aggregate amounts determined by the Managing Member. Notwithstanding anything to the contrary in this Agreement, the Company shall not be required to make a distribution to any Member on account of its interest in the Company if such distribution would violate Section 18-607 of the Act or any other applicable law. If the Company is intended to be classified as a partnership for federal and state income tax purposes, then prior to the admission of additional members who will be considered partners for federal and state income tax purposes, the Members shall provide (through amendment to this Agreement or otherwise) for the allocation of the Company’s net income and net loss for any taxable year among the Members in proportion to their Membership Interests; provided that such allocation shall be in accordance with the Code and Regulations thereunder (including, without limitation, Section 704(c) of the Code and the Regulations thereunder).