Common use of Allocation of Net Profits Clause in Contracts

Allocation of Net Profits. The Net Profits for each fiscal period of the Company shall be allocated to the Members in accordance with the following order of priority: (a) first, to those Members with negative Adjusted Capital Accounts, among them in proportion to the ratio of the negative balances in their Adjusted Capital Accounts, until no Member has a negative Adjusted Capital Account; (b) second, to those Members whose Adjusted Capital Contributions are in excess of their Adjusted Capital Accounts, among them in accordance with the ratio of these excesses, until all of these excesses have been eliminated; (c) third, to those Members for whom the sum of their Adjusted Capital Contributions and their Unpaid Preferred Returns are in excess of their Adjusted Capital Accounts, among them in accordance with the ratio of these excesses, until all of these excesses have been eliminated; and (d) finally, to the Members in proportion to their Percentage Interests.

Appears in 3 contracts

Sources: Limited Liability Company Agreement (Global Clean Energy Holdings, Inc.), Limited Liability Company Agreement (Global Clean Energy Holdings, Inc.), Limited Liability Company Agreement (Global Clean Energy Holdings, Inc.)