Allocations. Except as otherwise provided in Section 5.03 and Section 5.04, Net Profits and Net Losses for any Fiscal Year or Fiscal Period shall be allocated among the Capital Accounts of the Members pro rata in accordance with their respective Percentage Interests.
Appears in 30 contracts
Samples: Limited Liability Company Agreement (Alpine Summit Energy Partners, Inc.), Operating Agreement (Greenlane Holdings, Inc.), Limited Liability Company Agreement (Bioventus Inc.)
Allocations. Except as otherwise provided in Section 5.03 5.3 and Section 5.045.4, Net Profits and Net Losses for any Fiscal Year or Fiscal Period shall be allocated among the Capital Accounts of the Members pro rata in accordance with their respective Percentage Interests.
Appears in 8 contracts
Samples: Limited Liability Company Agreement (Global Gas Corp), Unit Purchase Agreement (Dune Acquisition Corp), Limited Liability Company Agreement (AmeriHome, Inc.)
Allocations. Except as otherwise provided in Section 5.03 and Section 5.04, Net Profits and Net Losses for any Fiscal Year or Fiscal Period shall be allocated among the Capital Accounts of the Members pro rata in accordance with their respective Percentage Interests, assuming that any Common Units which are subject to vesting conditions in accordance with any applicable equity plan or individual award agreement are fully vested.
Appears in 5 contracts
Samples: Limited Liability Company Agreement (Shoals Technologies Group, Inc.), Limited Liability Company Agreement (Shoals Technologies Group, Inc.), Limited Liability Company Agreement (Shoals Technologies Group, Inc.)
Allocations. Except as otherwise provided in Section 5.03 and Section 5.04, Net Profits and Net Losses for any Fiscal Taxable Year or Fiscal Period shall be allocated among the Capital Accounts of the Members pro rata in accordance with their respective Percentage Interests.
Appears in 5 contracts
Samples: Limited Liability Company Agreement (Brilliant Earth Group, Inc.), Limited Liability Company Agreement (Brilliant Earth Group, Inc.), Operating Agreement (RMR Group Inc.)
Allocations. Except as otherwise provided in Section 5.03 and Section 5.04, Net Profits and Net Losses for any Fiscal Taxable Year or Fiscal Period shall be allocated among the Capital Accounts of the Members pro rata in accordance with their respective Percentage Interests, assuming that any Common Units which are subject to vesting conditions in accordance with any applicable Equity Plan or individual award agreement are fully vested.
Appears in 4 contracts
Samples: Limited Liability Company Agreement (Smith Douglas Homes Corp.), Limited Liability Company Agreement (Smith Douglas Homes Corp.), Limited Liability Company Agreement (Smith Douglas Homes Corp.)
Allocations. Except as otherwise provided in Section 5.03 and Section 5.04, Net Profits and Net Losses for any Fiscal Taxable Year or Fiscal Period shall be allocated among the Capital Accounts of the Members pro rata in accordance with their respective Percentage InterestsInterests of Common Units.
Appears in 4 contracts
Samples: Limited Liability Company Agreement (P3 Health Partners Inc.), Limited Liability Company Agreement (Marketwise, Inc.), Joinder Agreement (Foresight Acquisition Corp.)
Allocations. Except as otherwise provided in Section 5.03 and Section 5.04, Net Profits and Net Losses for any Fiscal Year or Fiscal Allocation Period shall be allocated among the Capital Accounts of the Members pro rata in accordance with their respective Percentage Interests.
Appears in 3 contracts
Samples: Limited Liability Company Agreement (EVO Payments, Inc.), Limited Liability Company Agreement (EVO Payments, Inc.), Limited Liability Company Agreement (EVO Payments, Inc.)
Allocations. Except as otherwise provided in Section 5.03 and Section 5.04, Net Profits and Net Losses for any Fiscal Taxable Year or Fiscal Period shall be allocated among the Capital Accounts of the Members pro rata in accordance with their respective Percentage Interests; provided that the Manager may make such adjustments to the allocations of Net Profits and Net Losses as is reasonably necessary to reflect the economic arrangement among the Members as reflected in this Agreement or to comply with the requirements of Code Section 704 or the Treasury Regulations promulgated thereunder.
Appears in 2 contracts
Samples: Operating Agreement (OneStream, Inc.), Operating Agreement (OneStream, Inc.)
Allocations. Except as otherwise provided in and after having given effect to the special allocations of Section 5.03 and Section 5.045.3, Net Profits and Net Losses for any Fiscal Year or Fiscal Period shall be allocated among the Capital Accounts of the Members pro rata in accordance with their respective Percentage Interestsas follows.
Appears in 2 contracts
Samples: Limited Liability Company Agreement (VictoryBase Corp), Limited Liability Company Agreement (VictoryBase Corp)
Allocations. (a) Except as otherwise provided in Section 5.02(b), Section 5.02(c), Section 5.03 and Section 5.04, Net Profits and Net Losses for any Fiscal Year or Fiscal Period shall be allocated among the Capital Accounts of the Members pro rata in accordance with their respective Percentage Interests.
Appears in 2 contracts
Samples: Limited Liabilitycompany Agreement (MedMen Enterprises, Inc.), Limited Liability Company Agreement
Allocations. Except as otherwise provided in Section 5.03 and Section 5.04, Net Profits and Net Losses for any Fiscal Year or Fiscal Period shall be allocated among the Capital Accounts of to the Members pro rata in accordance with their respective Percentage Interests.
Appears in 2 contracts
Samples: Operating Agreement (SciPlay Corp), Operating Agreement (SciPlay Corp)
Allocations. Except as otherwise provided in Section 5.03 and Section 5.04, Net Profits and Net Losses for any Fiscal Taxable Year or other Fiscal Period shall be allocated among the Capital Accounts of the Members pro rata in accordance with their respective Percentage Interests.
Appears in 2 contracts
Samples: Limited Liability Company Agreement (Bounty Minerals, Inc.), Limited Liability Company Agreement (Desert Peak Minerals Inc.)
Allocations. Except as otherwise provided in Section 5.03 and Section 5.04, Net Profits and Net Losses for any Fiscal Taxable Year or Fiscal Period shall be allocated among the Capital Accounts of the Members pro rata in accordance with their respective Percentage Interests.. Section 5.03
Appears in 1 contract
Samples: Operating Agreement
Allocations. Except as otherwise provided in Section 5.03 and Section 5.04, Net Profits and Net Losses for any Fiscal Year or Fiscal Period shall be allocated among the Capital Accounts of the Members pro rata in accordance with their respective Percentage Interests, assuming that any Common Units which are subject to vesting conditions in accordance with any applicable Equity Plan or individual award agreement are fully vested.
Appears in 1 contract
Allocations. Except as otherwise provided in Section 5.03 5.3, Section 5.4, [and Section 5.04, 5.5] Net Profits and Net Losses for any Fiscal Year or Fiscal Period shall be allocated among the Capital Accounts of the Members holding Common Units pro rata in accordance with their respective Percentage InterestsInterests in respect of Common Units.
Appears in 1 contract
Samples: Limited Liability Company Agreement (AmeriHome, Inc.)
Allocations. Except as otherwise provided in Section 5.03 6.3 and Section 5.046.4, Net Profits and Net Losses for any Fiscal Year or Fiscal Allocation Period shall be allocated among the Capital Accounts of the Members pro rata in accordance with their respective Percentage Interests.
Appears in 1 contract
Allocations. Except as otherwise provided in Section 5.03 and Section 5.04, Net Profits and Net Losses for any Fiscal Year or Fiscal Period shall be allocated among the Capital Accounts of the Members pro rata in accordance with their respective Percentage InterestsInterests and, for the avoidance of doubt, assuming all Unvested Common Units were vested.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Bioventus Inc.)
