Common use of Allocation of Profit or Loss from a Sale A Clause in Contracts

Allocation of Profit or Loss from a Sale A. Profit from any Sale (and Profit from any deemed Sale pursuant to Sections 4.4 or 4.5) shall be allocated in the following order of priority: (i) First, if one or more Partners or Investors has a negative balance in his Capital Account, to such Partners and Investors, in proportion to their negative Capital Accounts, until all such Capital Accounts have zero balances. (ii) Second, any Profit not allocated pursuant to Section 4.IA(i) shall be allocated to the Investors until the Capital Account of each Investor is equal to the sum of his Adjusted Capital Balance plus his unpaid Preferred Return, if any. A-12

Allocation of Profit or Loss from a Sale A. Profit from any Sale (and Profit from any deemed Sale pursuant to Sections 4.4 or Section 4.5) shall be allocated in the following order of priority: (i) First, if one or more Investors or Partners or Investors has a negative balance in his Capital Account, to such Partners and InvestorsInvestors or Partners, in proportion to their negative Capital Accounts, until all such Capital Accounts have zero balances. (ii) Second, any Profit not allocated pursuant to Section 4.IA(i) shall be allocated to the Investors until the Capital Account of each Investor is equal to the sum of his Adjusted Capital Balance plus his unpaid Preferred Return, if any. A-12; A-10

Allocation of Profit or Loss from a Sale A. Profit from any Sale (and Profit from any deemed Sale pursuant to Sections 4.4 or 4.5) shall be allocated in the following order of priority: (i) First, if one or more Partners or Investors has a negative balance in his Capital Account, to such Partners and Investors, in proportion to their negative Capital Accounts, until all such Capital Accounts have zero balances. (ii) Second, any Profit not allocated pursuant to Section 4.IA(i) shall be allocated to the Investors until the Capital Account of each Investor is equal to the sum of his Adjusted Capital Balance plus his unpaid Preferred Return, if any. A-12.