Common use of Allocations of Net Losses Clause in Contracts

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 6.5 herein (and any allocations required by Section 3.6.6 herein)6.4 hereof, Net Losses for any Allocation Period 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 For any Allocation Period ending prior First, except as provided in Section 6.2.3, Net Losses shall be allocated 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 the excess of (ia) the amount of aggregate Net Losses, multiplied by (ii) such Common Member’s Percentage Interest; and (b) in addition to the amount Losses allocated with respect to the Class A Common Preferred Units during the Pre-Closing Sharing Period multiplied by a fraction, the numerator of which is the aggregate Percentage Interests of the Class B Members pursuant to Section 6.2.1(a)and the denominator of which is the aggregate Percentage Interests of the Class A Members, over (b) the aggregate Net Losses allocated with respect to the Class A Common MembersB Units during the Pre-Closing Sharing Period, with respect to which Net Losses have not been previously allocated pursuant to this subsection. 6.2.2 Second, except as provided in Section 6.2.3, the balance, if any, of Net Losses shall be allocated among them in proportion to their Percentage Interests, in an amount equal to (i) accordance with 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 An allocation of Net Losses under Section Sections 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 PeriodFiscal 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 Allocation PeriodFiscal 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.