Allocations of Net Losses Sample Clauses
The "Allocations of Net Losses" clause defines how any financial losses incurred by a partnership or joint venture are distributed among its members or partners. Typically, this clause specifies the proportion or method by which each party will bear a share of the net losses, often based on their ownership percentage or another agreed-upon formula. By clearly outlining the process for loss allocation, this clause ensures transparency and fairness, preventing disputes and clarifying each party's financial responsibility in the event the business operates at a loss.
Allocations of Net Losses. After giving effect to the special allocations set forth in Sections 6.3 and 6.5 herein, Net Losses for any Allocation Period shall be allocated to the Members as follows:
6.2.1 For any Allocation Period ending prior to the Class B Common Change Date:
(a) to each of the Common Members (including the Class A Common Members) other than the Class B Common Members, in an amount equal to (i) the amount of Net Losses, multiplied by (ii) such Common Member's Percentage Interest; and
(b) in addition to the amount allocated to the Class A Common Members pursuant to Section 6.2.1(a), to the Class A Common Members, to be allocated among them in proportion to their Percentage Interests, in an amount equal to (i) the amount of Net Losses, multiplied by (ii) the Class B Common Members' aggregate Percentage Interests.
6.2.2 For any Allocation Period ending after the Class B Common Change Date, to each of the Common Members in accordance with such Common Member's Percentage Interest.
Allocations of Net Losses. Notwithstanding anything to the contrary in Section 6.1(b), a Class D Unit shall not receive any allocation of Net Loss pursuant to Section 6.1(b).
Allocations of Net Losses. After giving effect to the special ------------------------- allocations set forth in Sections 3.3 and 3.4 hereof, Net Losses shall be allocated to the Members as follows:
Allocations of Net Losses. After giving effect to the special allocations set forth in Sections 6.3 and 6.5 herein (and any allocations required by Section 3.6.6 herein), Net Losses for any Allocation Period shall be allocated to the Members as follows:
6.2.1 For any Allocation Period ending prior to the Class B Common Change Date:
(a) to each of the Common Members (including the Class A Common Members) other than the Class B Common Members, in an amount equal to (i) the amount of Net Losses, multiplied by (ii) such Common Member’s Percentage Interest; and
(b) in addition to the amount allocated to the Class A Common Members pursuant to Section 6.2.1(a), to the Class A Common Members, to be allocated among them in proportion to their Percentage Interests, in an amount equal to (i) the amount of Net Losses, multiplied by (ii) the Class B Common Members’ aggregate Percentage Interests.
6.2.2 For any Allocation Period ending after the Class B Common Change Date, to each of the Common Members in accordance with such Common Member’s Percentage Interest.
6.2.3 Notwithstanding Sections 6.2.1 and 6.2.2, an allocation of Net Losses under Section 6.2.1 or 6.2.2 hereof shall not be made to the extent it would create or increase an Adjusted Capital Account Deficit for a Member or Members at the end of any Allocation Period. Any Net Losses not allocated because of the preceding sentence shall be allocated to the other Member or Members in proportion to such Member’s or Members’ respective Percentage Interests; provided, however, that to the extent such allocation would create or increase an Adjusted Capital Account Deficit for another Member or Members at the end of any Allocation Period, such allocation shall be made to the remaining Member or Members in proportion to the respective Percentage Interests of such Member or Members.
Allocations of Net Losses. After giving effect to the special allocations set forth in Sections 6.3 and 6.4 herein, Net Losses for any Fiscal Year shall be allocated to the Members as follows:
6.2.1 Chargeback to the Extent of Net Profits. First, except as provided in Section 6.2.3, Net Losses shall be allocated to each Member to the extent of the aggregate amount of Net Profits previously allocated to such Member pursuant to Section 6.1.2, with respect to which Net Losses have not been previously allocated pursuant to this subsection.
Allocations of Net Losses. (a) After giving effect to the special allocations set forth in Section 9.3, Net Losses for any taxable year shall be allocated to the Members in the following manner:
(i) First, to the extent that Net Profits have been allocated pursuant to Section 9.1(d) for prior taxable years, Net Losses shall be allocated to offset such previously allocated Net Profits allocated to such Members pursuant to Seciton 9.1(d) (pro rata among the Members in proportion to their respective shares of the Net Profits being offset);
(ii) Next, to the extent that Net Profits have been allocated pursuant to Section 9.1(c) for prior taxable years, Net Losses shall be allocated to offset such previously allocated Net Profits allocated to such Members pursuant to Section 9.1(c) (pro rata among the Members in proportion to their respective share of Net Profits being offset);
(iii) next, to the Members, in proportion to their respective positive Capital Account balances, until the positive Capital Account balance of each Member is reduced to zero; and
(iv) thereafter, to the Members in proportion to their respective Percentage Interests.
(b) The Net Losses allocated pursuant to Section 9.2 hereof shall not exceed the maximum amount of Net Losses that can be so allocated without causing any Member to have an Adjusted Deficit Capital Account at the end of such year. All Net Losses in excess of the limitations set forth in this Section 9.2(b) shall be allocated to the other Members in proportion to their respective Percentage Interests. In the event one or more, but not all, of the Members would have Adjusted Deficit Capital Accounts as a consequence of an allocation of Net Losses pursuant to Section 9.2(b) hereof, the limitation set forth in this Section 9.2(b) shall be applied on a Member by Member basis so as to allocate the maximum permissible Net Losses to each Member under Section 1. 704-1 (b)(2)(ii)(d) of the Treasury Regulations.
Allocations of Net Losses. After giving effect to the special allocations set forth in Sections 6.3 and 6.4 hereof, Net Losses with respect to each Fiscal Year beginning on or after the Tax Effective Date shall be allocated to the Members as follows:
6.2.1 First, except as provided in Section 6.2.2, Net Losses shall be allocated in accordance with the Members’ Percentage Interests.
6.2.2 An allocation of Net Losses under Section 6.2.1 hereof shall not be made to the extent it would create or increase an Adjusted Capital Account Deficit for a Member or Members at the end of any Fiscal Year if any other member has a positive Capital Account balance at such time. Any Net Losses not allocated because of the preceding sentence shall be allocated to the other Member or Members with positive Capital Account balances in proportion to such Member’s or Members’ respective Percentage Interests; provided, however, that to the extent such allocation would create or increase an Adjusted Capital Account Deficit for another Member or Members at the end of any Fiscal Year, such allocation shall instead be made to the remaining Member or Members in proportion to the respective Percentage Interests of such Member or Members.
Allocations of Net Losses. Except as provided in Section 3.3(a), Section 4.6 and Section 4.7 below (which shall be applied first), Net Losses of the Company for any relevant period shall be allocated the Members to cause, to the extent possible, their respective Modified Capital Account balances to equal their respective Target Balances.
Allocations of Net Losses. After giving effect to the special allocations set forth in Section 6.3, all Net Losses for any Fiscal Year (or other period) shall be allocated to the Unitholders in proportion to their respective Percentage Interests.
Allocations of Net Losses. After the special allocations set forth in Exhibit B have been given effect, Net Losses for any Fiscal Year shall be allocated to the Members as follows:
(a) First, when each Member has a Capital Account at least equal to its Unreturned Target, to the Members in order to make the excess of the Capital Account of CHS over the Unreturned Target of CHS equal to nine times the excess of the Capital Account of SRS over the Unreturned Target of SRS (for purposes of this Section 7.2(a), the Capital Account of SRS shall be deemed to have been reduced by an amount equal to the Unpaid Additional Advance);
(b) Second, to each Member with a Capital Account in excess of its Unreturned Target, in accordance with such excesses until there are no such excesses (for purposes of this Section 7.2(b), the Capital Account of SRS shall be deemed to have been reduced by an amount equal to the Unpaid Additional Advance);
(c) Third, to the Members with positive Capital Accounts, in accordance with such positive Capital Accounts until no Member has a positive Capital Account (for purposes of this Section 7.2(c), the Capital Account of SRS shall be deemed to have been reduced by an amount equal to the Unpaid Additional Advance); and
(d) Fourth, to SRS until the Capital Account of SRS is reduced to zero; and
(e) Thereafter, to the Members in accordance with their Percentage Interests.