Common use of Gross Income Allocation Clause in Contracts

Gross Income Allocation. In the event that any Member has an Adjusted Capital Account Deficit at the end of any Allocation Year, each such Member shall be allocated items of Company income and gain in the amount of such deficit as quickly as possible; provided that an allocation pursuant to this Section 5.4(d) shall be made only if and to the extent that such Member would have an Adjusted Capital Account Deficit in excess of such sum after all other allocations provided for in this Article 5 have been tentatively made as if Section 5.4(c) and this Section 5.4(d) were not in this Agreement.

Gross Income Allocation. In the event that any Member has an Adjusted Capital Account Deficit at the end of any Allocation Year, each such Member shall be allocated items of Company income and gain in the amount of such deficit as quickly as possible; provided that an allocation pursuant to this Section 5.4(d5.3(d) shall be made only if and to the extent that such Member would have an Adjusted Capital Account Deficit in excess of such sum after all other allocations provided for in this Article 5 V have been tentatively made as if Section 5.4(c5.3(c) and this Section 5.4(d5.3(d) were not in this Agreement.

Gross Income Allocation. In the event that If any Member has an Adjusted Capital Account Deficit at the end of any Allocation Fiscal Year, each such Member shall be specially allocated items of Company income and gain in the amount of such deficit Adjusted Capital Account Deficit as quickly as possible; provided , provided, that an allocation pursuant to this Section 5.4(dparagraph (c) shall be made only if and to the extent that such Member would have an Adjusted Capital Account Deficit in excess of such sum after all other allocations provided for in Section 5.1 and this Article 5 have Exhibit A had been tentatively made as if Section 5.4(cparagraphs (c) and this Section 5.4(d(d) were not included in this Agreement.

Gross Income Allocation. In the event that any Member has an Adjusted Capital Account Deficit at the end of any Allocation Taxable Year, each such Member shall be specially allocated items of Company income and gain in the amount of such deficit balance as quickly as possible; provided provided, that an allocation pursuant to this Section 5.4(d5.3(a) shall be made only if and to the extent that such Member would have an Adjusted Capital Account Deficit in excess of such sum balance after all other allocations provided for in this Article 5 have been tentatively made as if Section 5.4(c) and this Section 5.4(d) were not in this Agreementmade.

Gross Income Allocation. In the event that any Member has an Adjusted Capital Account Deficit at the end of any Allocation Taxable Year, each such Member shall be specially allocated items of Company income and gain in the amount of such deficit balance as quickly as possible; provided provided, that an allocation pursuant to this Section 5.4(d5.3(e) shall be made only if and to the extent that such Member would have an Adjusted Capital Account Deficit in excess of such sum balance after all other allocations provided for in this Article 5 have been tentatively made as if Section 5.4(c) and this Section 5.4(d) were not in this Agreementmade.

Gross Income Allocation. In the event that any Member has an Adjusted Capital Account Deficit at the end of any Allocation Year, each such Member shall be allocated items of Company income and gain in the amount of such deficit as quickly as possible; provided that an allocation pursuant to this Section 5.4(d5.3(d) shall be made only if and to the extent that such Member would have an Adjusted Capital Account Deficit in excess of such sum after all other allocations provided for in this Article 5 V have been tentatively made as if Section 5.4(c5.3(c) and this Section 5.4(d5.3(d) were not in this Agreement.

Gross Income Allocation. In the event that any a Member has an Adjusted Capital Account Deficit at the end of any Allocation Company Fiscal Year, each such Member shall be specially allocated items of Company income and gain in the amount of such deficit excess as quickly as possible; , provided that an allocation pursuant to this Section 5.4(d4.2(d) shall be made only if and to the extent that such Member Company would have an Adjusted Capital Account Deficit in excess of such sum after all other allocations provided for in this Article 5 Section 4.2 have been tentatively made as if Section 5.4(c4.2(c) and this Section 5.4(d4.2(d) were not in this Agreement.

Gross Income Allocation. In the event that any Common Member has an Adjusted Capital Account Deficit at the end of any Allocation Year, each such Common Member shall be allocated items of Company income and gain in the amount of such deficit as quickly as possible; provided that an allocation pursuant to this Section 5.4(d5.3(d) shall be made only if and to the extent that such Common Member would have an Adjusted Capital Account Deficit in excess of such sum after all other allocations provided for in this Article 5 V have been tentatively made as if Section 5.4(c5.3(c) and this Section 5.4(d5.3(d) were not in this Agreement.

Gross Income Allocation. In the event that any Member has an Adjusted Capital Account Deficit at the end of any Allocation Year, each such Member shall be allocated items of Company income and gain in the amount of such deficit as quickly as possible; provided that an allocation pursuant to this Section 5.4(d) shall be made only if and to the extent that such Member would have an Adjusted Capital Account Deficit in excess of such sum after all other allocations provided for in this Article ARTICLE 5 have been tentatively made as if Section 5.4(c) and this Section 5.4(d) were not in this Agreement.

Gross Income Allocation. In the event that any Member has an Adjusted Capital Account Deficit at the end of any Allocation Yeartaxable year, each such Member shall be specially allocated items of Company income and gain in the amount of such deficit excess as quickly as possible; , provided that an allocation pursuant to this Section 5.4(d9.7(d) shall be made only if and to the extent that such Member would have an Adjusted Capital Account Deficit in excess of such sum after all other allocations provided for in this Article 5 IX have been tentatively made as if Section 5.4(c9.7(c) and this Section 5.4(d9.7(d) were not in this the Agreement.

Gross Income Allocation. In the event that any Member has an Adjusted Capital Account Deficit at the end of any Allocation YearCompany fiscal year, each such Member shall be specially allocated items of Company income and gain in the amount of such deficit excess as quickly as possible; , provided that an allocation pursuant to this Section 5.4(d8.2(d) shall be made only if and to the extent that such Member would have an Adjusted Capital Account Deficit in excess of such sum after all other allocations provided for in this Article 5 Section 8.2 have been tentatively made as if Section 5.4(c8.2(c) and this Section 5.4(d8.2(d) were not in this Agreement.

Gross Income Allocation. In the event that any Member has an Adjusted Capital Account Deficit at the end of any Allocation Fiscal Year, then each such Member shall be specially allocated items of the Company income and gain in the amount of such deficit as quickly as possible; , provided that an allocation pursuant to this Section 5.4(d5.3(d) shall be made only if and to the extent that such Member would have an Adjusted Capital Account Deficit in excess of such sum after all other allocations provided for in this Article 5 have been tentatively made as if Section 5.4(c5.3(c) and this Section 5.4(d5.3(d) were not in this Agreementapplicable.

Gross Income Allocation. In the event that any Member has an Adjusted Capital Account Deficit at the end of any Allocation Taxable Year, each such Member shall be specially allocated items of Company income and gain in the amount of such deficit balance as quickly as possible; provided that provided, that, an allocation pursuant to this Section 5.4(d5.4(a) shall be made only if and to the extent that such Member would have an Adjusted Capital Account Deficit in excess of such sum balance after all other allocations provided for in this Article 5 have been tentatively made as if Section 5.4(c) and this Section 5.4(d) were not in this Agreementmade.

Gross Income Allocation. In the event that any Member has an Adjusted Capital Account Deficit at the end of any Allocation Fiscal Year, then each such Member shall be specially allocated items of Company income and gain in the amount of such deficit as quickly as possible; , provided that an allocation pursuant to this Section 5.4(d5.3(d) shall be made only if and to the extent that such Member would have an Adjusted Capital Account Deficit in excess of such sum after all other allocations provided for in this Article 5 V have been tentatively made as if Section 5.4(c) and this Section 5.4(d5.3(d) were not in this Agreement.

Gross Income Allocation. In the event that any a Member has an Adjusted Capital Account Deficit at the end of any Allocation Yeartaxable year, each such Member shall be specially allocated items of Company income and gain in the amount of such deficit Adjusted Capital Account Deficit as quickly as possible; provided that an allocation pursuant to this Section 5.4(d) clause shall be made only if and to the extent that such the Member would have an Adjusted Capital Account Deficit in excess of such sum after all other allocations provided for in this Article 5 Section A.4 have been tentatively made as if Section 5.4(c) and this Section 5.4(dA.4.2(d) were not in this AgreementAppendix.

Gross Income Allocation. In the event that any Member has an a deficit balance in its Adjusted Capital Account Deficit at the end of any Allocation YearPeriod, each such Member shall be allocated items of Company income and gain in the amount of such deficit as quickly as possible; provided that an allocation pursuant to this Section 5.4(d4.2(c) shall be made only if and to the extent that such the Member would have an a deficit balance in its Adjusted Capital Account Deficit in excess of such sum after all other allocations provided for in this Article 5 IV have been tentatively made as if Section 5.4(c4.2(b) and this Section 5.4(d4.2(c) were not in this LLC Agreement.

Gross Income Allocation. In the event that addition, if any Member has an Adjusted Capital Account Deficit at the end of any Allocation YearTaxable Year (or other relevant period), each such Member shall be specially allocated items of Company income and gain in the amount of such deficit excess as quickly as possible; , provided that an allocation pursuant to this Section 5.4(d4.3(d) shall be made only if and to the extent that such Member would have an Adjusted Capital Account Deficit in excess of such sum after all other allocations provided for in this Article 5 IV have been tentatively made as if Section 5.4(c) and this Section 5.4(d4.3(d) were not in this Agreement.

Gross Income Allocation. In the event that any Member has an Adjusted Capital Account Deficit at the end of any Allocation Fiscal Year, each such Member shall be specially allocated items of Company income and gain in the amount of such deficit excess as quickly as possible; , provided that an allocation pursuant to this Section 5.4(d6.4(d) shall be made only if and to the extent that such Member would have an Adjusted Capital Account Deficit in excess of such sum after all other allocations provided for in this Article 5 Agreement have been tentatively made as if Section 5.4(c6.4(c) hereof and this Section 5.4(d6.4(d) were not in this Agreement.

Gross Income Allocation. In the event that If any Member has an Adjusted Capital Account Deficit at the end of any Allocation YearCompany taxable year, each such Member shall be specially allocated items of Company income and gain in the amount of such deficit excess as quickly as possible; , provided that an allocation pursuant to this Section 5.4(d5.2(d) shall be made only if and to the extent that such Member would have an Adjusted Capital Account Deficit in excess of such sum after all other allocations provided for in this Article 5 V have been tentatively made as if Section 5.4(c5.2(c) and this Section 5.4(d5.2(d) were not in this the Agreement.

Gross Income Allocation. In the event that any Member has an Adjusted Capital Account Deficit at the end of any Allocation Year, each such Member shall be specially allocated items of Company income and gain in the amount of such deficit Adjusted Capital Account Deficit as quickly as possible; provided that provided, an allocation pursuant to this Section 5.4(d5.01(b)(iv) shall be made only if and to the extent that such Member would have an Adjusted Capital Account Deficit in excess of such sum after all other allocations provided for in this Article 5 Section 5.01 have been tentatively made as if Section 5.4(c5.01(b)(iii) and this Section 5.4(d5.01(b)(iv) were not in this Agreement.

Gross Income Allocation. In the event that that, despite Section 5.3, any Member has an Adjusted Capital Account Deficit at the end of any Allocation Yearfiscal year, each such that Member shall be specially allocated items of Company income and gain in the amount of Net Income (or gross income) to eliminate such deficit as quickly as possible; , provided that an allocation pursuant to this Section 5.4(d) 5.7.2 shall be made only if and to the extent that such Member would have an Adjusted Capital Account Deficit in excess of such sum after all other allocations provided for in this Article 5 have been tentatively made as if Section 5.4(c) 5.7.1 and this Section 5.4(d) 5.7.2 were not in this the Agreement.

Gross Income Allocation. In the event that any Member has an Adjusted Capital Account Deficit at the end of any Allocation Yearfiscal year, each such Member shall be specially allocated items of Company income and gain in the amount of such deficit excess as quickly as possible; , provided that an allocation pursuant to this Section 5.4(d5.2(d) shall be made only if and to the extent that such Member would have an Adjusted Capital Account Deficit in excess of such sum after all other allocations provided for in this Article Section 5 have been tentatively made as if Section 5.4(c5.2(c) and this Section 5.4(d5.2(d) were not in this the Agreement.

Gross Income Allocation. In the event that any Member has an Adjusted Capital Account Deficit at the end of any Allocation Fiscal Year, then each such Member shall be specially allocated items of Company income and gain in the amount of such deficit excess as quickly as possible; , provided that an allocation pursuant to this Section 5.4(d5.02(d) shall be made only if and only to the extent that such Member would have an Adjusted Capital Account Deficit in excess of such sum after all other allocations provided for in this Article 5 V have been tentatively made as if Section 5.4(c) and this Section 5.4(d5.02(d) were not in this Agreement.

Gross Income Allocation. In the event that any a Member has an Adjusted Capital Account Deficit at the end of any Allocation Fiscal Year, each such Member shall be specially allocated items of Company income and gain in the amount of such deficit as quickly as possible; , provided that an any allocation pursuant to under this Section 5.4(d) B.5.4 shall be made only if and to the extent that such a Member would have an Adjusted Capital Account Deficit in excess of such sum after all other allocations provided for in this Article 5 Exhibit B have been tentatively made as if Section 5.4(c) and this Section 5.4(d) B.5.4 were not in this Agreement.

Gross Income Allocation. In the event that any Member has an Adjusted ----------------------- Capital Account Deficit at the end of any Allocation Fiscal Year, then each such Member shall be specially allocated items of Company income and gain in the amount of such deficit excess as quickly as possible; , provided that an allocation pursuant to this Section 5.4(d5.02(d) shall be made only if and only to the extent that such Member would have an Adjusted Capital Account Deficit in excess of such sum after all other allocations provided for in this Article 5 V have been tentatively made as if Section 5.4(c) and this Section 5.4(d5.02(d) were not in this Agreement.

Gross Income Allocation. In the event that any Member has an Adjusted Capital Account Deficit at the end of any Allocation Fiscal Year, each such Member shall be specially allocated items of Company income and gain in the amount of such deficit excess as quickly as possible; , provided that an allocation pursuant to this Section 5.4(d) D.4.4 shall be made only if and to the extent that such Member would have an Adjusted Capital Account Deficit in excess of such sum after all other allocations provided for in this Article 5 Agreement or this Exhibit D have been tentatively made as if Section 5.4(c) D.4.3 hereof and this Section 5.4(d) D.4.4 were not in this Agreement.Exhibit D.

Gross Income Allocation. In the event that any Member has an Adjusted Capital Account Deficit at the end of any Allocation Year, each such that Member shall be specially allocated items of Company income and gain in the amount of such deficit Adjusted Capital Account Deficit as quickly as possible; provided that an allocation pursuant to this Section 5.4(d4.2(d) shall be made only if and to the extent that such Member would have an Adjusted Capital Account Deficit in excess of such sum after all other allocations provided for in this Article 5 Agreement have been tentatively made as if Section 5.4(cthis Subsection 4.2(d) and this Section 5.4(dthe preceding Subsection 4.2(c) were not in this the Agreement.

Gross Income Allocation. In the event that any Member has an Adjusted Capital Account Deficit at the end of any Allocation Year, each such Member shall be specially allocated items of Company Plan income and gain in the amount of such deficit excess as quickly as possible; provided that an allocation pursuant to this Section 5.4(d5.3(c) shall be made only if and to the extent that such Member would have an Adjusted a deficit Capital Account Deficit in excess of such sum after all other allocations provided for in this Article 5 V have been tentatively made as if Section 5.4(c5.3(b) and this Section 5.4(d5.3(c) were not in this the Agreement.

Gross Income Allocation. In the event that any Member has an Adjusted Capital Account Deficit at the end of any Allocation Fiscal Year, then each such Member shall be specially allocated items of Company income and gain in the amount of such deficit excess as quickly as possible; , provided that an allocation pursuant to this Section 5.4(d5.02(d) shall be made only if and only to the extent that such Member would have an Adjusted Capital Account Deficit in excess of such sum after all other allocations provided for in this Article 5 V have been tentatively made as if Section 5.4(c) and this Section 5.4(d5.02(d) were not in this Agreement.

Gross Income Allocation. In the event that addition, if any Member has an Adjusted Capital Account Deficit at the end of any Allocation YearTaxable Year (or other relevant period), each such Member shall be specially allocated items of Company income and gain in the amount of such deficit excess as quickly as possible; , provided that an allocation pursuant to this Section 5.4(d4.3(d) shall be made only if and to the extent that such Member would have an Adjusted Capital Account Deficit in excess of such sum after all other allocations provided for in this Article 5 ARTICLE IV have been tentatively made as if Section 5.4(c) and this Section 5.4(d4.3(d) were not in this Agreement.

Gross Income Allocation. In the event that any Member has an Adjusted Capital Account Deficit at the end of any Allocation YearCompany Year or other applicable period, each such Member shall be specially allocated items of Company gross income and gain in the amount of such deficit Adjusted Capital Account Deficit as quickly as possible; provided provided, however, that an allocation pursuant to this Section 5.4(d4.3(f) shall be made only if and to the extent that such Member would have an Adjusted Capital Account Deficit in excess of such sum after all other allocations provided for in this Article 5 Section 4.3 have been tentatively made as if Section 5.4(c) and this Section 5.4(d4.3(f) were not in this Agreement.

Gross Income Allocation. In the event that any Member has an Adjusted Capital Account Deficit at the end of any Allocation YearCompany taxable year, each such Member shall be specially allocated items of Company income and gain in the amount of such deficit excess as quickly as possible; , provided that an allocation pursuant to this Section 5.4(dB.5(4) shall be made only if and only to the extent that such Member would have an Adjusted Capital Account Deficit in excess of such sum after all other allocations provided for in this Article 5 Agreement have been tentatively made as if Section 5.4(cB.5(3) and this Section 5.4(dB.5(4) were not in this the Agreement.

Gross Income Allocation. In the event that any Member has an Adjusted a Capital Account Deficit at the end of any Allocation Fiscal Year, each such Member shall be specially allocated items of Company income and gain in the amount of such deficit Adjusted Capital Account Deficit as quickly as possible; , provided that an allocation pursuant to this Section 5.4(d5.1(c)(ii) shall be made only if and only to the extent that such Member would have an Adjusted Capital Account Deficit in excess of such sum after all other allocations provided for in this Article 5 Section 5.1(c) have been tentatively made as if this Section 5.4(c5.1(c)(ii) and this Section 5.4(d5.1(c)(i) hereof were not in this the Agreement.

Gross Income Allocation. In the event that any a Member has an Adjusted Capital Account Deficit at the end of any Allocation Company Fiscal Year, each such Member shall be specially allocated items of Company income and gain in the amount of such deficit excess as quickly as possible; provided , provided, that an allocation pursuant to this Section 5.4(d4.2(d) shall be made only if and to the extent that such Member Company would have an Adjusted Capital Account Deficit in excess of such sum after all other allocations provided for in this Article 5 Section 4.2 have been tentatively made as if Section 5.4(c4.2(c) and this Section 5.4(d4.2(d) were not in this Agreement.

Gross Income Allocation. In the event that any Member has an Adjusted Capital Account Deficit at the end of any Allocation Fiscal Year, each such Member shall be specially allocated items of Company income and gain in the amount of such deficit excess as quickly as possible; , provided that an allocation pursuant to this Section 5.4(d5.2(d) shall be made only if and only to the extent that such Member Person would have an Adjusted a deficit Capital Account Deficit in excess of such sum after all other allocations provided for in this Article Section 5 have been tentatively made as if Section 5.4(c) and this Section 5.4(d5.2(d) were not in this the Agreement.

Gross Income Allocation. In the event that any Member has an ----------------------- Adjusted Capital Account Deficit at the end of any Allocation Taxable Year, each such Member shall be specially allocated items of Company income and gain in the amount of such deficit balance as quickly as possible; provided provided, that an allocation pursuant to this Section 5.4(d5.3(a) shall be made only if and to the extent that -------------- such Member would have an Adjusted Capital Account Deficit in excess of such sum balance after all other allocations provided for in this Article 5 have been tentatively made as if Section 5.4(c) and this Section 5.4(d) were not in this Agreement.made. ---------

Gross Income Allocation. In the event that any Member has an Adjusted Capital Account Deficit at the end of any Allocation Yeardeficit, each such Member shall be allocated items of Company income and gain in the an amount of and manner sufficient to eliminate such Member’s Adjusted Capital Account deficit as quickly as possible; provided provided, that an allocation pursuant to this Section 5.4(d‎Section 4.2(d) shall be made only if and to the extent that such Member would have an Adjusted Capital Account Deficit in excess of such sum deficit after all other allocations provided for in this Article 5 ‎Section 4.2 have been tentatively made as if Section 5.4(c4.2(c) and this Section 5.4(d‎Section 4.2(d) were not in this Agreement.

Gross Income Allocation. In the event that any Member has an Adjusted Capital Account Deficit at the end of any Allocation Yearfiscal year, each such Member shall be allocated items of Company LLC income and gain in the amount of such deficit as quickly as possible; provided that an allocation pursuant to this Section 5.4(d) 5.4.2 shall be made only if and to the extent that such Member would have an Adjusted Capital Account Deficit in excess of such sum after all other allocations provided for in this Article 5 V have been tentatively made as if Section 5.4(c) 5.4.1 and this Section 5.4(d) 5.4.2 were not in this Operating Agreement.

Gross Income Allocation. In the event that any Member has an Adjusted Capital Account Deficit at the end of any Allocation Fiscal Year, each such Member shall be specially allocated items of Company income and gain in the amount of such deficit excess as quickly as possible; , provided that an allocation pursuant to this Section 5.4(d5.1(d)(ii) shall be made only if and only to the extent that such Member would have an Adjusted Capital Account Deficit in excess of such sum after all other allocations provided for in this Article 5 Section 5.1(d) have been tentatively made as if this Section 5.4(c5.1(d)(ii) and this Section 5.4(d5.1(d)(i) hereof were not in this the Agreement.

Gross Income Allocation. In the event that any Member has an Adjusted Capital Account Deficit at the end of any Allocation YearCompany fiscal year, each such Member shall be specially allocated items of Company income and gain in the amount of such deficit excess as quickly as possible; , provided that an allocation pursuant to this Section 5.4(dB.5(4) shall be made only if and only to the extent that such Member would have an Adjusted Capital Account Deficit in excess of such sum after all other allocations provided for in this Article 5 Agreement have been tentatively made as if Section 5.4(cB.5(3) and this Section 5.4(dB.5(4) were not in this the Agreement.

Gross Income Allocation. In the event that any Member has an Adjusted Capital Account Deficit at the end of any Allocation Year, each such Member shall will be specially allocated items of Company income and gain in the amount of such deficit excess as quickly as possible; provided that provided, however, an allocation pursuant to under this Section 5.4(d6.2(d) shall will be made only if and to the extent that such Member would have an Adjusted Capital Account Deficit in excess of such sum after all other allocations provided for in this Article 5 Section 6.2 have been tentatively made as if Section 5.4(c6.2(c) and this Section 5.4(d6.2(d) were not in this Agreement.

Gross Income Allocation. In the event that any Member has an a deficit ----------------------- Adjusted Capital Account Deficit at the end of any Allocation Company Fiscal Year, each such Member shall be specially allocated items of Company income and gain in the amount of such deficit excess as quickly as possible; , provided that an allocation pursuant to this Section 5.4(d4.3(d) shall be made only if and to the extent that such Member would have an Adjusted Capital Account Deficit deficit in excess of such sum amount after all other allocations provided for in this Article 5 Section 4.3 have been tentatively made as if Section 5.4(c4.3(c) and this Section 5.4(d4.3(d) were not in this the Agreement.

Gross Income Allocation. In the event that any If a Member has an Adjusted Capital Account Deficit at the end of any Allocation YearAdjustment Period, each such Member items of Gross Income shall be allocated items of Company income and gain to the Member in the amount of and in the manner sufficient to eliminate such deficit as quickly as possible; provided provided, however, that an allocation pursuant to under this Section 5.4(d6.4(d) shall be made only if and to the extent that such the Member would have an Adjusted Capital Account Deficit in excess of such sum after all other allocations provided for in this Article 5 Sections 6.1-6.4 have been tentatively made as if Section 5.4(c6.4(c) and this Section 5.4(d6.4(d) were not in this Agreement.

Gross Income Allocation. In the event that any a Member has an Adjusted a Capital Account Deficit deficit at the end of any Allocation YearTax Year or other period, each such Member shall be specially allocated items of Company gross income and gain in the an amount of such deficit as quickly as possible; provided that an any allocation pursuant to under this Section 5.4(d5.3(b)(iv) shall be made only if and to the extent that such a Member would have an Adjusted a Capital Account Deficit in excess of such sum deficit after all other allocations provided for in this Article 5 Section 5.3 have been tentatively made as if Section 5.4(c5.3(b)(iii) and this Section 5.4(d5.3(b)(iv) were not in this Agreement.

Gross Income Allocation. In the event that any Member has an Adjusted Capital Account Deficit at the end of any Allocation Year, each such Member shall be allocated items of Company income and gain in the amount of such deficit as quickly as possible; provided that an allocation pursuant to this Section 5.4(d6.03(b) shall be made only if and to the extent that such Member would have an Adjusted Capital Account Deficit in excess of such sum after all other allocations provided for in this Article 5 VI have been tentatively made as if Section 5.4(c6.03(b) and this Section 5.4(d6.03(c) were not in this Agreement.

Gross Income Allocation. In the event that any Member has an Adjusted Capital Account Deficit at the end of any Allocation YearCompany taxable year, each such Member shall be specially allocated items of Company income and gain in the amount of such deficit excess as quickly as possible; , provided that an allocation pursuant to this Section 5.4(dArticle 10.2(c)(4) shall be made only if and only to the extent that such Member would have an Adjusted Capital Account Deficit in excess of such sum after all other allocations provided for in this Article 5 Agreement have been tentatively made as if Section 5.4(cArticle 10.2(c)(3) and this Section 5.4(dArticle 10.2(c)(4) were not in this the Agreement.

Gross Income Allocation. In the event that any a Member has an Adjusted Capital Account Deficit at the end of any Allocation Yeartaxable year, each such Member shall be specially allocated items of Company income and gain in the amount of such deficit Adjusted Capital Account Deficit as quickly as possible; provided provided, that an allocation pursuant to this Section 5.4(d) clause shall be made only if and to the extent that such the Member would have an Adjusted Capital Account Deficit in excess of such sum after all other allocations provided for in this Article 5 Section A.4 have been tentatively made as if Section 5.4(c) and this Section 5.4(dA.4.2(d) were not in this AgreementAppendix.