Common use of Allocation of Net Profits Clause in Contracts

Allocation of Net Profits. Subject to the provisions of Section 4.10, Net Profits with respect to each Fiscal Year will be allocated among the Partners, pro rata, in proportion to the distributions of Cash Available for Distribution to the Partners with respect to such Fiscal Year (including distributions of Cash Available for Distribution made in a subsequent Fiscal Year with respect to the immediately preceding Fiscal Year for which Net Profits are being allocated); provided, however, that if Net Profits with respect to a Fiscal Year exceed distributions of Cash Available for Distribution with respect to such Fiscal Year, Net Profits with respect to such Fiscal Year shall be allocated in accordance with the ratio in which Cash Available for Distribution would have been distributed had an amount of cash equal to such Net Profits been available for distribution.

Appears in 3 contracts

Sources: Agreement of Limited Partnership (Fairfield Inn by Marriott LTD Partnership), Limited Partnership Agreement (Fairfield Inn by Marriott LTD Partnership), Agreement of Limited Partnership (Marriott Diversified American Hotels L P)