Common use of Allocations of Profit and Loss Clause in Contracts

Allocations of Profit and Loss. Subject to the special allocations set forth in Section 5.02(a)(ii), the Profits or Losses (or items of income, gain, loss, or deduction, as may be necessary) for a fiscal year, or other relevant period, shall be allocated among the Members in such a manner that, as of the end of such period and to the extent possible with respect to each Member, such Member’s Adjusted Capital Account shall be equal to the amount that would be distributed to such Member under this Agreement if the Company were to, (A) liquidate the assets of the Company for an amount equal to the Adjusted Asset Value of such property as of the end of such fiscal year or other relevant period, (B) all liabilities of the Company are satisfied (limited in the case of any nonrecourse loan to an amount equal to the Adjusted Asset Value of any property securing loan), and (C) distribute the proceeds in liquidation in accordance with Section 9.03(d)(iv) of this Agreement. (ii)

Appears in 2 contracts

Samples: Newtek Business Services Corp., Newtek Business Services Corp.

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Allocations of Profit and Loss. Subject to the special allocations set forth in Section 5.02(a)(ii4.02(a)(ii), the Profits or Losses (or items of income, gain, loss, or deduction, as may be necessary) for a fiscal year, or other relevant period, shall be allocated among the Members in such a manner that, as of the end of such period and to the extent possible with respect to each Member, such Member’s Adjusted Capital Account shall be equal to the amount that would be distributed to such Member under this Agreement if the Company were to, (A) liquidate the assets of the Company for an amount equal to the Adjusted Asset Value of such property as of the end of such fiscal year or other relevant period, (B) all liabilities of the Company are satisfied (limited in the case of any nonrecourse loan to an amount equal to the Adjusted Asset Value of any property securing loan), and (C) distribute the proceeds in liquidation in accordance with Section 9.03(d)(iv8.03(d)(iv) of this Agreement. (ii).

Appears in 2 contracts

Samples: Limited Liability Company Agreement (MONROE CAPITAL Corp), Limited Liability Company Agreement (BlackRock Capital Investment Corp)

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