Common use of Allocations of Net Profit and Net Loss Clause in Contracts

Allocations of Net Profit and Net Loss. A. Net Loss. Net Loss shall be allocated first to Outback in an amount equal to Outback's positive Capital Account balance until such Capital Account balance has been reduced to zero, and then to the Members in proportion to their Percentage Interests. Notwithstanding the previous sentence, loss allocations to a Member shall be made only to the extent that such loss allocations will not create a deficit Capital Account balance for that Member in excess of an amount, if any, equal to such Member's share of Company Minimum Gain. Any loss not allocated to a Member because of the foregoing provision shall be allocated to the other Members (to the extent the other Members are not limited in respect of the allocation of losses under this SECTION 6.1A). Any loss reallocated under this SECTION 6.1A shall be taken into account in computing subsequent allocations of income and losses pursuant to this ARTICLE VI, so that the net amount of any item so allocated and the income and losses allocated to each Member pursuant to this ARTICLE VI, to the extent possible, shall be equal to the net amount that would have been allocated to each such Member pursuant to this ARTICLE VI if no reallocation of losses had occurred under this SECTION 6.

Allocations of Net Profit and Net Loss. A. Subject to Section 5.02, (a) Net Loss. Net Loss shall be allocated first to Outback in an amount equal to Outback's positive Capital Account balance until such Capital Account balance has been reduced to zero, and then to the Members in proportion to their Percentage Interests. Notwithstanding the previous sentence, loss allocations losses allocated to a Member shall not exceed the maximum amount of losses that can be made only allocated without causing a Member to the extent that such loss allocations will not create a deficit have an Adjusted Capital Account balance for Deficit at the end of any Fiscal Year. In the event that any Member in excess would have an Adjusted Capital Account Deficit as a consequence of an amountallocation of losses in proportion to Percentage Interests, if any, equal the amount of losses that would be allocated to such Member's share of Company Minimum Gain. Any loss not allocated to a Member because of the foregoing provision but for such allocation shall be allocated to the other Members (to the extent the that such allocations would not cause such other Members are not limited to have an Adjusted Capital Account Deficit and allocated among such other Members in respect of the proportion to their Percentage Interests. Any allocation of losses under items of loss pursuant to this SECTION 6.1A). Any loss reallocated under this SECTION 6.1A Section 5.01(a) shall be taken into account in computing subsequent allocations of income and losses pursuant to this ARTICLE VIArticle V, and prior to any allocation of items in such Section so that the net amount of any item so allocated and the income and losses items allocated to each Member pursuant to this ARTICLE VIArticle V shall, to the maximum extent possiblepracticable, shall be equal to the net amount that would have been allocated to each such Member pursuant to this ARTICLE VI Article V if no reallocation of losses had occurred under this SECTION 6Section 5.01(a).

Allocations of Net Profit and Net Loss. A. Net LossNET LOSS. Net Loss shall be allocated first to Outback in an amount equal to Outback's positive Capital Account balance until such Capital Account balance has been reduced to zerobalance, and then to the Members in proportion to their Percentage Interests. Notwithstanding the previous sentence, loss allocations to a Member shall be made only to the extent that such loss allocations will not create a deficit Capital Account balance for that Member in excess of an amount, if any, equal to such Member's share of Company Minimum Gain. Any loss not allocated to a Member because of the foregoing provision shall be allocated to the other Members (to the extent the other Members are not limited in respect of the allocation of losses under this SECTION 6.1A). Any loss reallocated under this SECTION 6.1A shall be taken into account in computing subsequent allocations of income and losses pursuant to this ARTICLE VI, so that the net amount of any item so allocated and the income and losses allocated to each Member pursuant to this ARTICLE VI, to the extent possible, shall be equal to the net amount that would have been allocated to each such Member pursuant to this ARTICLE VI if no reallocation of losses had occurred under this SECTION 6.6.1A.

Allocations of Net Profit and Net Loss. A. Net Loss. Net Loss shall be allocated first to Outback in an amount equal to Outback's positive Capital Account balance until such Capital Account balance has been reduced to zero, and then to the Members in -------- proportion to their Percentage InterestsMembership Interest. Notwithstanding the previous sentence, loss allocations to a Member shall be made only to the extent that such loss allocations will not create a deficit Capital Account balance for that Member in excess of an amount, if any, equal to such Member's share of Company Minimum GainGain that would be realized on a foreclosure of the Company's property. Any loss not allocated to a Member because of the foregoing provision shall be allocated to the other Members (to the extent the other Members are not limited in respect of the allocation of losses under this SECTION 6.1ASection 5.2A). Any loss reallocated under this SECTION 6.1A Section 5.2A shall be taken into account in computing subsequent allocations of income and losses pursuant to this ARTICLE VIArticle V, so that the net amount of any item so allocated and the income and losses allocated to each Member pursuant to this ARTICLE VIArticle V, to the extent possible, shall be equal to the net amount that would have been allocated to each such Member pursuant to this ARTICLE VI Article V if no reallocation of losses had occurred under this SECTION 6Section 5.2A. Notwithstanding any other provision of this Agreement, Local Partner shall not be responsible for funding any portion, proration or allocation of any operating loss incurred by the Company beyond or exceeding its initial capital contribution. B. Net Profit. Net Profit shall be allocated to the Members in ---------- proportion to their Membership Interests.