Net Profit or Net Loss Clause Samples

The 'Net Profit or Net Loss' clause defines how the financial outcome of a business or project—specifically, the net profit or net loss—is calculated and allocated among the parties involved. Typically, this clause outlines the method for determining net profit or loss by subtracting all allowable expenses from total revenues, and it may specify how these results are distributed, such as among partners or shareholders. Its core practical function is to ensure transparency and fairness in financial reporting and distribution, preventing disputes by clearly establishing how profits and losses are measured and shared.
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Net Profit or Net Loss. The “Net Profit” or “Net Loss” of a Series for each calendar year or relevant part thereof shall mean such Series’ taxable income or loss for federal income tax purposes for such period (including therein all items of income, gain, loss or deduction required to be stated separately pursuant to Section 703(a)(1) of the Code) with the following adjustments:
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Net Profit or Net Loss. (a) The “Net Profit” or “Net Loss” of the Company for each Fiscal Year or relevant part thereof means an amount equal to the Company’s taxable income or loss for U.S. federal income tax purposes for such period (including all items of income, gain, loss or deduction required to be stated separately pursuant to Section 703(a)(1) of the Code) with the following adjustments: (i) Any income of the Company that is exempt from U.S. federal income tax will constitute Net Profits, and any expenses or expenditures of the Company which may neither be deducted nor capitalized for tax purposes (or are so treated for tax purposes) will constitute Net Losses. (ii) Gain or loss attributable to the disposition of property of the Company with an Asset Value different than the adjusted basis of such property for U.S. federal income tax purposes will be computed with respect to the Asset Value of such property. (iii) Depreciation, amortization or cost recovery deductions (other than depletion) with respect to any property with an Asset Value that differs from its adjusted basis for U.S. federal income tax purposes will mean “book depreciation, depletion or amortization” as determined under Section 1.704 -1(b)(2)(iv)(g)(3) or Section 1.704 -3(d)(2) of the Treasury Regulations (as applicable); and provided, further that if any property has a zero adjusted basis for federal income tax purposes, depreciation, amortization or cost recovery deductions with respect to such property may be determined under any reasonable method selected by the Company on the advice of its accountants.. (iv) Depletion with respect to a mineral property will equal the allowable tax depletion on that property for such year multiplied by the ratio of the Asset Value of such property to the adjusted tax basis of that property prior to depletion for such year; provided however that such percentage shall not be in excess of 100% of such Asset Value. (v) If the Company makes an election under Section 754 of the Code to provide a special basis adjustment upon the transfer of an Interest in the Company or the distribution of property by the Company, Capital Accounts will be adjusted to the limited extent required by the Regulations under Section 704 of the Code following such transfer or distribution. (vi) Any items that are required to be specially allocated pursuant to Section 5.6 will not be taken into account in determining Net Profit or Net Loss.
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Net Profit or Net Loss 
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Related to Net Profit or Net Loss

  • Net Loss A Net Loss for a particular fund or, in the case of a multi-class fund, a class results when aggregate Losses exceed aggregate Benefits (i.e., net redemptions on a day the fund’s or class’s NAV is overstated or net subscriptions on a day the fund’s or class’s NAV is understated) during the Error Period.

  • Net Losses After giving effect to the special allocations set forth in Section 6.1(d), Net Losses for each taxable period and all items of income, gain, loss and deduction taken into account in computing Net Losses for such taxable period shall be allocated as follows: (i) First, 2% to the General Partner, and 98% to the Unitholders, Pro Rata, until the aggregate Net Losses allocated pursuant to this Section 6.1(b)(i) for the current taxable year and all previous taxable years is equal to the aggregate Net Income allocated to such Partners pursuant to Section 6.1(a)(iii) for all previous taxable years, provided that the 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 year (or increase any existing deficit balance in its Adjusted Capital Account); (ii) Second, 2% to the General Partner, and 98% to the Unitholders, Pro Rata; provided, that Net Losses shall not be allocated pursuant to this Section 6.1(b)(ii) 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 year (or increase any existing deficit balance in its Adjusted Capital Account); (iii) Third, the balance, if any, 100% to the General Partner.

  • Net Income and Net Loss All net income or net loss of the Company shall be for the account of the Member.

  • Allocation of Profit or Loss All Profit or Loss shall be allocated to the Member.

  • Allocation of Profit and Loss Section 5.01 of the Partnership Agreement is hereby deleted in its entirety and the following new Section 5.01 is inserted in its place: