Net Loss. After giving effect to the special allocations set forth in Section 6.1(d), Net Loss for each taxable period and all items of income, gain, loss and deduction taken into account in computing Net Loss for such taxable period shall be allocated as follows: (i) First, to the Unitholders (other than the Series A Preferred Unitholders), Pro Rata; provided, however, that Net Losses shall not be allocated pursuant to this Section 6.1(b)(i) to the extent that such allocation would cause any Unitholder to have a deficit balance in its Adjusted Capital Account at the end of such taxable period (or increase any existing deficit balance in its Adjusted Capital Account); (ii) Second, to the Unitholders (other than the Series A Preferred Unitholders) to the extent of and in proportion to the positive balances in their Adjusted Capital Accounts; (iii) Third, to the Series A Preferred Unitholders, to the extent of and in proportion to the positive balances in their Adjusted Capital Accounts; and (iv) Fourth, the balance, if any, 100% to the General Partner;
Appears in 7 contracts
Sources: Limited Partnership Agreement (USA Compression Partners, LP), Contribution Agreement (USA Compression Partners, LP), Equity Restructuring Agreement (USA Compression Partners, LP)
Net Loss. After giving effect to the special allocations set forth in Section 6.1(d), Net Loss for each taxable period and all items of income, gain, loss and deduction taken into account in computing Net Loss for such taxable period shall be allocated as follows:
(i) First, to the General Partner and the Unitholders (other than the Series A Preferred Unitholders), Pro Rata; provided, however, that Net Losses shall not be allocated pursuant to this Section 6.1(b)(i) to the extent that such allocation would cause any Unitholder to have a deficit balance in its Adjusted Capital Account at the end of such taxable period (or increase any existing deficit balance in its Adjusted Capital Account);
(ii) Second, to the General Partner and the Unitholders (other than the Series A Preferred Unitholders) to the extent of and in proportion to the positive balances in their Adjusted Capital Accounts;
(iii) Third, to the Series A Preferred Unitholders, to the extent of and in proportion to the positive balances in their Adjusted Capital Accounts; and
(iv) Fourth, the The balance, if any, 100% to the General Partner;.
Appears in 4 contracts
Sources: Limited Partnership Agreement (MPLX Lp), Limited Partnership Agreement (MPLX Lp), Purchase Agreement (MPLX Lp)
Net Loss. After giving effect to the special allocations set forth in Section 6.1(d), Net Loss for each taxable period and all items of income, gain, loss and deduction taken into account in computing Net Loss for such taxable period shall be allocated as follows:
(i) First, to the Unitholders (other than the Series A Preferred Unitholders), Pro Rata; provided, however, that Net Losses shall not be allocated pursuant to this Section 6.1(b)(i) to the extent that such allocation would cause any Unitholder to have a deficit balance in its Adjusted Capital Account at the end of such taxable period (or increase any existing deficit balance in its Adjusted Capital Account);
(ii) Second, to the General Partner and the Unitholders (other than the Series A Preferred Unitholders) to the extent of and in proportion to the positive balances in their Adjusted Capital Accounts;
(iii) Third, to the Series A Preferred Unitholders, to the extent of and in proportion to the positive balances in their Adjusted Capital Accounts; and
(iv) Fourth, the The balance, if any, 100% to the General Partner;.
Appears in 4 contracts
Sources: Agreement of Limited Partnership (MPLX Lp), Partnership Interests Restructuring Agreement (MPLX Lp), Partnership Interests Restructuring Agreement (Marathon Petroleum Corp)
Net Loss. After giving effect to the special allocations allocation set forth in Section 6.1(d6.1(c), Net Loss for each taxable period and all items (including a Pro Rata part of each item of income, gain, loss and deduction taken into account in computing Net Loss for such taxable period period) shall be allocated as follows:
(i) First, to the General Partner and the Unitholders (other than the Series Class A Preferred UnitholdersHolders), Pro Rata; provided, however, provided that the Net Losses Loss shall not be allocated pursuant to this Section 6.1(b)(i) to the extent that such allocation would cause any Unitholder Unitholders to have a deficit balance in its Adjusted Capital Account at the end of such taxable period (or increase any existing deficit balance in its Adjusted Capital Account)) as such Adjusted Capital Account would be determined without regard to any Class A Preferred Units then held by such Unitholders;
(ii) Second, to the Unitholders (other than the Series Class A Preferred UnitholdersHolders) to the extent of and in proportion to the positive balances in their Adjusted Capital Accounts;
(iii) Third, to the Series Class A Preferred UnitholdersHolders, to the extent of and in proportion to the positive balances in their Adjusted Capital Accounts; and
(iv) Fourth, the balance, if any, 100% to the General Partner;.
Appears in 2 contracts
Sources: Limited Partnership Agreement (Natural Resource Partners Lp), Limited Partnership Agreement
Net Loss. After giving effect to the special allocations allocation set forth in Section 6.1(d6.1 (c), Net Loss for each taxable period and all items (including a Pro Rata part of each item of income, gain, loss and deduction taken into account in computing Net Loss for such taxable period period) shall be allocated as follows:
(i) First, to the General Partner and the Unitholders (other than the Series Class A Preferred UnitholdersHolders), Pro Rata; provided, however, provided that the Net Losses Loss shall not be allocated pursuant to this Section 6.1(b)(i) to the extent that such allocation would cause any Unitholder Unitholders to have a deficit balance in its Adjusted Capital Account at the end of such taxable period (or increase any existing deficit balance in its Adjusted Capital Account)) as such Adjusted Capital Account would be determined without regard to any Class A Preferred Units then held by such Unitholders;
(ii) Second, to the Unitholders (other than the Series Class A Preferred UnitholdersHolders) to the extent of and in proportion to the positive balances in their Adjusted Capital Accounts;
(iii) Third, to the Series Class A Preferred UnitholdersHolders, to the extent of and in proportion to the positive balances in their Adjusted Capital Accounts; and
(iv) Fourth, the balance, if any, 100% to the General Partner;.
Appears in 1 contract
Sources: Limited Partnership Agreement
Net Loss. After giving effect to the special allocations set forth in Section 6.1(d), Net Loss for each taxable period and all items of income, gain, loss and deduction taken into account in computing Net Loss for such taxable period shall be allocated as follows:
(i) First, to the Unitholders (other than the Series A Preferred Unitholders), Pro Rata; provided, however, that Net Losses shall not be allocated pursuant to this Section 6.1(b)(i) to the extent that such allocation would cause any Unitholder to have a deficit balance in its Adjusted Capital Account at the end of such taxable period (or increase any existing deficit balance in its Adjusted Capital Account);
(ii) Second, to the Unitholders (other than the Series A Preferred Unitholders) to the extent of and holding Common Units in proportion to accordance with the positive balances in their Adjusted Capital AccountsAccounts as such Adjusted Capital Accounts would be determined without regard to any Preferred Units then held by such Unitholders;
(iii) Third, to the Series A Preferred UnitholdersHolders, to the extent of and in proportion to the their respective positive balances in their Adjusted Capital AccountsAccount balances, until the Adjusted Capital Account in respect of each Preferred Unit then Outstanding has been reduced to zero; and
(iv) FourthFinally, the balance, if any, 100% to the General Partner;.
Appears in 1 contract
Sources: Agreement of Limited Partnership (Andeavor Logistics Lp)
Net Loss. After giving effect to the special allocations set forth in Section 6.1(d), Net Loss for each taxable period and all items of income, gain, loss and deduction taken into account in computing Net Loss for such taxable period shall be allocated as follows:
(i) First, to the General Partner and the Unitholders (other than the Series A Preferred Unitholders)holding Common Units, Pro Rata; provided, however, that Net Losses shall not be allocated pursuant to this Section 6.1(b)(i) to the extent that such allocation would cause any such Unitholder to have a deficit balance in its Adjusted Capital Account at the end of such taxable period (or increase any existing deficit balance in its Adjusted Capital Account);
(ii) Second, to the Unitholders (other than the Series A Preferred Unitholders) to the extent of and in proportion to the positive balances in their Adjusted Capital Accounts;
(iii) Third, to the all Series A Preferred Unitholders, to the extent of and in proportion to the their respective positive balances in their Adjusted Capital AccountsAccount balances, until the Adjusted Capital Account in respect of each Series A Preferred Unit then Outstanding has been reduced to zero; and
(iviii) Fourth, the The balance, if any, 100% to the General Partner;.
Appears in 1 contract
Sources: Limited Partnership Agreement (Summit Midstream Partners, LP)
Net Loss. After giving effect to the special allocations set forth in Section 6.1(d), Net Loss for each taxable period and all items of income, gain, loss and deduction taken into account in computing Net Loss for such taxable period shall be allocated as follows:
(i) First, to the Unitholders (other than the Series A Preferred Unitholders)holding Outstanding Common Units, Pro Rata; provided, however, that Net Losses shall not be allocated pursuant to this Section 6.1(b)(i) to the extent that such allocation would cause any such Unitholder to have a deficit balance in its Adjusted Capital Account at the end of such taxable period (or increase any existing deficit balance in its Adjusted Capital Account);
(ii) Second, to the Unitholders (other than the all Series A Preferred Unitholders) to the extent of and , in proportion to the their respective positive balances in their Adjusted Capital Accounts;Account balances, until the Adjusted Capital Account in respect of each Series A Preferred Unit then Outstanding has been reduced to zero; and
(iii) Third, to the Series A Preferred Unitholders, to the extent of and in proportion to the positive balances in their Adjusted Capital Accounts; and
(iv) Fourth, the balance, if any, to the Unitholders holding Outstanding Common Units, Pro Rata, or, in the event the General Partner becomes regarded as an entity separate from the Partnership for U.S. federal income tax purposes, 100% to the General Partner;.
Appears in 1 contract
Sources: Limited Partnership Agreement (Summit Midstream Partners, LP)