Common use of Limitation on Allocation of Net Loss Clause in Contracts

Limitation on Allocation of Net Loss. If the allocation of Losses to a Partner as provided in Section 5.3(a) hereof would create or increase an Adjusted Capital Account deficit, there will be allocated to such Partner only that amount of Losses as will not create or increase an Adjusted Capital Account deficit. The Losses that would, absent the application of the preceding sentence, otherwise be allocated to such Partner will be allocated to the other Partners in accordance with their relative proportion of Units, subject to the limitations of this Section 5.3(b)(v).

Appears in 1 contract

Sources: Agreement of Limited Partnership (EIG BlackBrush Holdings, LLC)

Limitation on Allocation of Net Loss. If To the extent that any allocation of Losses to a Partner as provided in Section 5.3(a) hereof Net Loss would create cause or increase an Adjusted Capital Account deficitDeficit as to any Partner, there will shall be allocated to such Partner only that amount of Losses Net Loss (or items of loss or deduction) as will not create or increase an Adjusted Capital Account deficitDeficit. The Losses Net Loss (or items of loss or deduction) that would, absent the application of the preceding sentence, otherwise be allocated to such Partner will shall be allocated to the other Partners in accordance with their relative proportion of respective Partnership Units, subject to the limitations of this Section 5.3(b)(v1(d).

Appears in 1 contract

Sources: Limited Partnership Agreement (Ventas, Inc.)

Limitation on Allocation of Net Loss. If To the extent that any allocation of Losses to a Partner as provided in Section 5.3(a) hereof Net Loss would create cause or increase an Adjusted Capital Account deficitDeficit as to any Member, there will shall be allocated to such Partner only that amount of Losses Net Loss (or items of loss or deduction) as will not create or increase an Adjusted Capital Account deficitDeficit. The Losses Net Loss (or items of loss or deduction) that would, absent the application of the preceding sentence, otherwise be allocated to such Partner will shall be allocated to the other Partners in accordance with their relative proportion of respective Partnership Units, subject to the limitations of this Section 5.3(b)(v1(d).

Appears in 1 contract

Sources: Formation and Contribution Agreement (Nationwide Health Properties Inc)