Common use of GP-Related Profit Sharing Percentages Clause in Contracts

GP-Related Profit Sharing Percentages. (a) Prior to the beginning of each annual accounting period, the General Partner shall establish the profit sharing percentage (the “GP-Related Profit Sharing Percentage”) of each Partner in each category of GP-Related Net Income (Loss) for such annual accounting period pursuant to Section 5.1(a) taking into account such factors as the General Partner deems appropriate; provided, that (i) the General Partner may elect to establish GP-Related Profit Sharing Percentages in GP-Related Net Income (Loss) from any GP-Related Investment acquired by the Partnership during such accounting period at the time such GP-Related Investment is acquired in accordance with paragraph (c) below and (ii) GP-Related Net Income (Loss) for such accounting period from any GP-Related Investment shall be allocated in accordance with the GP-Related Profit Sharing Percentages in such GP-Related Investment established in accordance with paragraph (c) below. The General Partner may establish different GP-Related Profit Sharing Percentages for any Partner in different categories of GP-Related Net Income (Loss). In the case of the Withdrawal of a Partner, such former Partner’s GP-Related Profit Sharing Percentages shall be allocated by the General Partner to one or more of the remaining Partners as the General Partner shall determine. In the case of the admission of any Partner to the Partnership as an additional Partner, the GP-Related Profit Sharing Percentages of the other Partners shall be reduced by an amount equal to the GP-Related Profit Sharing Percentage allocated to such new Partner pursuant to Section 6.1(b); such reduction of each other Partner’s GP-Related Profit Sharing Percentage shall be pro rata based upon such Partner’s GP-Related Profit Sharing Percentage as in effect immediately prior to the admission of the new Partner. Notwithstanding the foregoing, the General Partner may also adjust the GP-Related Profit Sharing Percentage of any Partner for any annual accounting period at the end of such annual accounting period in its sole discretion.

GP-Related Profit Sharing Percentages. (a) Prior to the beginning of each annual accounting period, the General Partner shall establish the profit sharing percentage (the “GP-Related Profit Sharing Percentage”) of each Partner in each category of GP-Related Net Income (Loss) for such annual accounting period pursuant to Section 5.1(a) taking into account such factors as the General Partner deems appropriate; provided, however, that (i) the General Partner may elect to establish GP-Related Profit Sharing Percentages in GP-Related Net Income (Loss) from any GP-Related Investment acquired by the Partnership during such accounting period at the time such GP-Related Investment is acquired in accordance with paragraph (cd) below and (ii) GP-Related Net Income (Loss) for such accounting period from any GP-Related Investment shall be allocated in accordance with the GP-Related Profit Sharing Percentages in such GP-Related Investment established in accordance with paragraph (cd) below. The General Partner may establish different GP-Related Profit Sharing Percentages for any Partner in different categories of GP-Related Net Income (Loss). In the case of the Withdrawal of a Partner, such former Partner’s GP-Related Profit Sharing Percentages shall be allocated by the General Partner to one or more of the remaining Partners as the General Partner shall determine. In the case of the admission of any Partner to the Partnership as an additional Partner, the GP-Related Profit Sharing Percentages of the other Partners shall be reduced by an amount equal to the GP-Related Profit Sharing Percentage allocated to such new Partner pursuant to Section 6.1(b); such reduction of each other Partner’s GP-Related Profit Sharing Percentage shall be pro rata based upon such Partner’s GP-Related Profit Sharing Percentage as in effect immediately prior to the admission of the new Partner. Notwithstanding the foregoing, the General Partner may also adjust the GP-Related Profit Sharing Percentage of any Partner for any annual accounting period at the end of such annual accounting period in its sole discretion.

GP-Related Profit Sharing Percentages. (a) Prior to the beginning of each annual accounting period, the General Partner Managing Member shall establish the profit sharing percentage (the “GP-Related Profit Sharing Percentage”) of each Partner Member in each category of GP-Related Net Income (Loss) for such annual accounting period pursuant to Section 5.1(a) taking into account such factors as the General Partner Managing Member deems appropriate, including those referred to in Section 5.1(d); provided, that (i) the General Partner Managing Member may elect to establish GP-Related Profit Sharing Percentages in GP-Related Net Income (Loss) from any GP-Related Investment acquired by the Partnership Company during such accounting period at the time such GP-Related Investment is acquired in accordance with paragraph (cd) below and (ii) GP-Related Net Income (Loss) for such accounting period from any GP-Related Investment shall be allocated in accordance with the GP-Related Profit Sharing Percentages in such GP-Related Investment established in accordance with paragraph (cd) below. The General Partner Managing Member may establish different GP-Related Profit Sharing Percentages for any Partner Member in different categories of GP-Related Net Income (Loss). In the case of the Withdrawal of a PartnerMember, such former PartnerMember’s GP-Related Profit Sharing Percentages shall be allocated by the General Partner Managing Member to one or more of the remaining Partners as the General Partner shall determineMembers. In the case of the admission of any Partner Member to the Partnership Company as an additional PartnerMember, the GP-Related Profit Sharing Percentages of the other Partners Members shall be reduced by an amount equal to the GP-Related Profit Sharing Percentage allocated to such new Partner Member pursuant to Section 6.1(b); such reduction of each other PartnerMember’s GP-Related Profit Sharing Percentage shall be pro rata based upon such PartnerMember’s GP-Related Profit Sharing Percentage as in effect immediately prior to the admission of the new PartnerMember. Notwithstanding the foregoing, the General Partner Managing Member may also adjust the GP-Related Profit Sharing Percentage of any Partner Member for any annual accounting period at the end of such annual accounting period in its sole discretion.

GP-Related Profit Sharing Percentages. (a) Prior to the beginning of each annual accounting period, the General Partner Managing Member shall establish the profit sharing percentage (the “GP-Related Profit Sharing Percentage”) of each Partner Member in each category of GP-Related Net Income (Loss) for such annual accounting period pursuant to Section 5.1(a) taking into account such factors as the General Partner Managing Member deems appropriate; provided, that (i) the General Partner Managing Member may elect to establish GP-Related Profit Sharing Percentages in GP-Related Net Income (Loss) from any GP-Related Investment acquired by the Partnership Company during such accounting period at the time such GP-Related Investment is acquired in accordance with paragraph (cd) below and (ii) GP-Related Net Income (Loss) for such accounting period from any GP-Related Investment shall be allocated in accordance with the GP-Related Profit Sharing Percentages in such GP-Related Investment established in accordance with paragraph (cd) below. The General Partner Managing Member may establish different GP-Related Profit Sharing Percentages for any Partner Member in different categories of GP-Related Net Income (Loss). In the case of the Withdrawal of a PartnerMember, such former PartnerMember’s GP-Related Profit Sharing Percentages shall be allocated by the General Partner Managing Member to one or more of the remaining Partners Members as the General Partner Managing Member shall determine. In the case of the admission of any Partner Member to the Partnership Company as an additional PartnerMember, the GP-Related Profit Sharing Percentages of the other Partners Members shall be reduced by an amount equal to the GP-Related Profit Sharing Percentage allocated to such new Partner Member pursuant to Section 6.1(b); such reduction of each other PartnerMember’s GP-Related Profit Sharing Percentage shall be pro rata based upon such PartnerMember’s GP-Related Profit Sharing Percentage as in effect immediately prior to the admission of the new PartnerMember. Notwithstanding the foregoing, the General Partner Managing Member may also adjust the GP-Related Profit Sharing Percentage of any Partner Member for any annual accounting period at the end of such annual accounting period in its sole discretion.

GP-Related Profit Sharing Percentages. (a) Prior to the beginning of each annual accounting period, the General Partner shall establish the profit sharing percentage (the “GP-Related Profit Sharing Percentage”) of each Partner in each category of GP-Related Net Income (Loss) for such annual accounting period pursuant to Section 5.1(a) taking into account such factors as the General Partner deems appropriate; provided, however, that (i) the General Partner may elect to establish GP-Related Profit Sharing Percentages in GP-Related Net Income (Loss) from any GP-Related Investment acquired by the Partnership during such accounting period at the time such GP-Related Investment is acquired in accordance with paragraph (cb) below and (ii) GP-Related Net Income (Loss) for such accounting period from any GP-Related Investment shall be allocated in accordance with the GP-Related Profit Sharing Percentages in such GP-Related Investment established in accordance with paragraph (cb) below. The General Partner may establish different GP-Related Profit Sharing Percentages for any Partner in different categories of GP-Related Net Income (Loss). In the case of the Withdrawal of a Partner, such former Partner’s GP-Related Profit Sharing Percentages shall be allocated by the General Partner to one or more of the remaining Partners as the General Partner shall determine. In the case of the admission of any Partner to the Partnership as an additional Partner, the GP-Related Profit Sharing Percentages of the other Partners shall be reduced by an amount equal to the GP-Related Profit Sharing Percentage allocated to such new Partner pursuant to Section 6.1(b); such reduction of each other Partner’s GP-Related Profit Sharing Percentage shall be pro rata based upon such Partner’s GP-Related Profit Sharing Percentage as in effect immediately prior to the admission of the new Partner. Notwithstanding the foregoing, the General Partner may also adjust the GP-Related Profit Sharing Percentage of any Partner for any annual accounting period at the end of such annual accounting period in its sole discretion.

GP-Related Profit Sharing Percentages. (a) Prior to the beginning of each annual accounting period, the General Partner shall establish the profit sharing percentage (the “GP-Related Profit Sharing Percentage”) of each Partner in each category of GP-Related Net Income (Loss) for such annual accounting period pursuant to Section 5.1(a) taking into account such factors as the General Partner deems appropriate; provided, however, that (i) the General Partner may elect to establish GP-Related Profit Sharing Percentages in GP-Related Net Income (Loss) from any GP-Related Investment acquired by the Partnership during such accounting period at the time such GP-Related Investment is acquired in accordance with paragraph (cd) below and (ii) GP-Related Net Income (Loss) for such accounting period from any GP-Related Investment shall be allocated in accordance with the GP-Related Profit Sharing Percentages in such GP-Related Investment established in accordance with paragraph (cd) below. The General Partner may establish different GP-GP- Related Profit Sharing Percentages for any Partner in different categories of GP-Related Net Income (Loss). In the case of the Withdrawal of a Partner, such former Partner’s GP-Related Profit Sharing Percentages shall be allocated by the General Partner to one or more of the remaining Partners as the General Partner shall determine. In the case of the admission of any Partner to the Partnership as an additional Partner, the GP-Related Profit Sharing Percentages of the other Partners shall be reduced by an amount equal to the GP-Related Profit Sharing Percentage allocated to such new Partner pursuant to Section 6.1(b); such reduction of each other Partner’s GP-Related Profit Sharing Percentage shall be pro rata based upon such Partner’s GP-Related Profit Sharing Percentage as in effect immediately prior to the admission of the new Partner. Notwithstanding the foregoing, the General Partner may also adjust the GP-Related Profit Sharing Percentage of any Partner for any annual accounting period at the end of such annual accounting period in its sole discretion.

GP-Related Profit Sharing Percentages. (a) Prior to the beginning of each annual accounting period, the General Partner shall (i) establish the profit sharing percentage (the “GP-Related Profit Sharing Percentage”) of each Partner in each category of GP-Related Net Income (Loss) for such annual accounting period pursuant to Section 5.1(a) taking into account such factors as the General Partner deems appropriate, including those referred to in Section 5.1(d), and (ii) disclose such GP-Related Profit Sharing Percentages as required by the Partnership Act; provided, however, that (i) the General Partner may elect to establish GP-Related Profit Sharing Percentages in GP-Related Net Income (Loss) from any GP-Related Investment acquired by the Partnership during such accounting period at the time such GP-Related Investment is acquired in accordance with paragraph (cd) below and (ii) GP-Related Net Income (Loss) for such accounting period from any GP-Related Investment shall be allocated in accordance with the GP-Related Profit Sharing Percentages in such GP-Related Investment established in accordance with paragraph (cd) below. The General Partner may establish different GP-Related Profit Sharing Percentages for any Partner in different categories of GP-Related Net Income (Loss). In the case of the Withdrawal of a Partner, such former Partner’s GP-Related Profit Sharing Percentages shall be allocated by the General Partner to one or more of the remaining Partners as the General Partner shall determine. In the case of the admission of any Partner to the Partnership as an additional Partner, the GP-Related Profit Sharing Percentages of the other Partners shall be reduced by an amount equal to the GP-Related Profit Sharing Percentage allocated to such new Partner pursuant to Section 6.1(b); such reduction of each other Partner’s GP-Related Profit Sharing Percentage shall be pro rata based upon such Partner’s GP-Related Profit Sharing Percentage as in effect immediately prior to the admission of the new Partner. Notwithstanding the foregoing, the General Partner may also adjust the GP-Related Profit Sharing Percentage of any Partner for any annual accounting period at the end of such annual accounting period in its sole discretionperiod.

GP-Related Profit Sharing Percentages. (a) Prior to the beginning of each annual accounting period, the General Partner Managing Member shall establish the profit sharing percentage (the “GP-Related Profit Sharing Percentage”) of each Partner Member in each category of GP-Related Net Income (Loss) for such annual accounting period pursuant to Section 5.1(a) taking into account such factors as the General Partner Managing Member deems appropriate; providedprovided however, that (i) the General Partner Managing Member may elect to establish GP-Related Profit Sharing Percentages in GP-Related Net Income (Loss) from any GP-Related Investment acquired by the Partnership Company during such accounting period at the time such GP-Related Investment is acquired in accordance with paragraph (cd) below and (ii) GP-Related Net Income (Loss) for such accounting period from any GP-Related Investment shall be allocated in accordance with the GP-Related Profit Sharing Percentages in such GP-Related Investment established in accordance with paragraph (cd) below. The General Partner Managing Member may establish different GP-Related Profit Sharing Percentages for any Partner Member in different categories of GP-Related Net Income (Loss). In the case of the Withdrawal of a PartnerMember, such former PartnerMember’s GP-Related Profit Sharing Percentages shall be allocated by the General Partner Managing Member to one or more of the remaining Partners Members as the General Partner Managing Member shall determine. In the case of the admission of any Partner Member to the Partnership Company as an additional PartnerMember, the GP-Related Profit Sharing Percentages of the other Partners Members shall be reduced by an amount equal to the GP-Related Profit Sharing Percentage allocated to such new Partner Member pursuant to Section 6.1(b); such reduction of each other PartnerMember’s GP-Related Profit Sharing Percentage shall be pro rata based upon such PartnerMember’s GP-Related Profit Sharing Percentage as in effect immediately prior to the admission of the new PartnerMember. Notwithstanding the foregoing, the General Partner Managing Member may also adjust the GP-Related Profit Sharing Percentage of any Partner Member for any annual accounting period at the end of such annual accounting period in its sole discretion.

GP-Related Profit Sharing Percentages. (a) Prior to the beginning of each annual accounting period, the General Partner Delaware GP shall establish the profit sharing percentage (the “GP-Related Profit Sharing Percentage”) of each Partner in each category of GP-Related Net Income (Loss) for such annual accounting period pursuant to Section 5.1(a) taking into account such factors as the General Partner deems Delaware XX xxxxx appropriate, including those referred to in Section 5.1(d); provided, that (i) the General Partner Delaware GP may elect to establish GP-Related Profit Sharing Percentages in GP-Related Net Income (Loss) from any GP-Related Investment acquired by the Partnership during such accounting period at the time such GP-Related Investment is acquired in accordance with paragraph (cd) below and (ii) GP-Related Net Income (Loss) for such accounting period from any GP-Related Investment shall be allocated in accordance with the GP-Related Profit Sharing Percentages in such GP-Related Investment established in accordance with paragraph (cd) below. The General Partner Delaware GP may establish different GP-Related Profit Sharing Percentages for any Partner in different categories of GP-Related Net Income (Loss). In the case of the Withdrawal of a Partner, such former Partner’s GP-Related Profit Sharing Percentages shall be allocated by the General Partner Delaware GP to one or more of the remaining Partners as the General Partner shall determinePartners. In the case of the admission of any Partner to the Partnership as an additional Partner, the GP-Related Profit Sharing Percentages of the other Partners shall be reduced by an amount equal to the GP-Related Profit Sharing Percentage allocated to such new Partner pursuant to Section 6.1(b); such reduction of each other Partner’s GP-Related Profit Sharing Percentage shall be pro rata based upon such Partner’s GP-Related Profit Sharing Percentage as in effect immediately prior to the admission of the new Partner. Notwithstanding the foregoing, the General Partner Delaware GP may also adjust the GP-Related Profit Sharing Percentage of any Partner for any annual accounting period at the end of such annual accounting period in its sole discretion.

GP-Related Profit Sharing Percentages. (a) Prior to the beginning of each annual accounting period, the General Partner Managing Member shall establish the profit sharing percentage (the “GP-Related Profit Sharing Percentage”) of each Partner Member in each category of GP-Related Net Income (Loss) for such annual accounting period pursuant to Section 5.1(a) taking into account such factors as the General Partner Managing Member deems appropriate; providedprovided however, that (i) the General Partner Managing Member may elect to establish GP-Related Profit Sharing Percentages in GP-Related Net Income (Loss) from any GP-Related Investment acquired by the Partnership Company during such accounting period at the time such GP-Related Investment is acquired in accordance with paragraph (cb) below and (ii) GP-Related Net Income (Loss) for such accounting period from any GP-Related Investment shall be allocated in accordance with the GP-Related Profit Sharing Percentages in such GP-Related Investment established in accordance with paragraph (cb) below. The General Partner Managing Member may establish different GP-Related Profit Sharing Percentages for any Partner Member in different categories of GP-Related Net Income (Loss). In the case of the Withdrawal of a PartnerMember, such former PartnerMember’s GP-Related Profit Sharing Percentages shall be allocated by the General Partner Managing Member to one or more of the remaining Partners Members as the General Partner Managing Member shall determine. In the case of the admission of any Partner Member to the Partnership Company as an additional PartnerMember, the GP-Related Profit Sharing Percentages of the other Partners Members shall be reduced by an amount equal to the GP-Related Profit Sharing Percentage allocated to such new Partner Member pursuant to Section 6.1(b); such reduction of each other PartnerMember’s GP-Related Profit Sharing Percentage shall be pro rata based upon such PartnerMember’s GP-Related Profit Sharing Percentage as in effect immediately prior to the admission of the new PartnerMember. Notwithstanding the foregoing, the General Partner Managing Member may also adjust the GP-Related Profit Sharing Percentage of any Partner Member for any annual accounting period at the end of such annual accounting period in its sole discretion.

GP-Related Profit Sharing Percentages. (a) Prior to the beginning of each annual accounting period, the General Partner Managing Member shall establish the profit sharing percentage (the “GP-Related Profit Sharing Percentage”) of each Partner Member in each category of GP-Related Net Income (Loss) for such annual accounting period pursuant to Section 5.1(a) taking into account such factors as the General Partner Managing Member deems appropriate; provided, that (i) the General Partner Managing Member may elect to establish GP-Related Profit Sharing Percentages in GP-Related Net Income (Loss) from any GP-Related Investment acquired by the Partnership Company during such accounting period at the time such GP-Related Investment is acquired in accordance with paragraph (c) below and (ii) GP-Related Net Income (Loss) for such accounting period from any GP-Related Investment shall be allocated in accordance with the GP-Related Profit Sharing Percentages in such GP-Related Investment established in accordance with paragraph (c) below. The General Partner Managing Member may establish different GP-Related Profit Sharing Percentages for any Partner Member in different categories of GP-Related Net Income (Loss). In the case of the Withdrawal of a PartnerMember, such former PartnerMember’s GP-Related Profit Sharing Percentages shall be allocated by the General Partner Managing Member to one or more of the remaining Partners Members as the General Partner Managing Member shall determine. In the case of the admission of any Partner Member to the Partnership Company as an additional PartnerMember, the GP-Related Profit Sharing Percentages of the other Partners Members shall be reduced by an amount equal to the GP-Related Profit Sharing Percentage allocated to such new Partner Member pursuant to Section 6.1(b); such reduction of each other PartnerMember’s GP-Related Profit Sharing Percentage shall be pro rata based upon such PartnerMember’s GP-Related Profit Sharing Percentage as in effect immediately prior to the admission of the new PartnerMember. Notwithstanding the foregoing, the General Partner Managing Member may also adjust the GP-Related Profit Sharing Percentage of any Partner Member for any annual accounting period at the end of such annual accounting period in its sole discretion.