Limit on Loss Allocations. Notwithstanding the provisions of Paragraph 1.2 or any other provision of this Agreement to the contrary, Net Losses (or items thereof) will not be allocated to a Member if such allocation would cause or increase a deficit balance in a Member's Adjusted Capital Account and will be reallocated to the other Members in proportion to their Percentage Interests, subject to the limitations of this subparagraph 1.4(g).
Appears in 3 contracts
Samples: Trademark License Agreement (KPMG Consulting Inc), Trademark License Agreement (KPMG Consulting Inc), Trademark License Agreement (KPMG Consulting Inc)
Limit on Loss Allocations. Notwithstanding the provisions of Paragraph 1.2 Section 5.2 or any other provision of this Agreement to the contrary, Net Losses (or items thereof) will not be allocated to a Member if such allocation would cause or increase a deficit balance in a Member's ’s Adjusted Capital Account Deficit and will be reallocated to the Members (other Members in proportion than any such Member to their Percentage Interestswhich the limitations of this Section 5.7 apply), subject to the limitations of this subparagraph 1.4(g)Section 5.7.
Appears in 3 contracts
Samples: Operating Agreement (General Communication Inc), Operating Agreement (Gci Inc), Operating Agreement (General Communication Inc)
Limit on Loss Allocations. Notwithstanding the provisions of Paragraph 1.2 5.2 or any other provision of this Agreement to the contrary, Net Losses (or items thereof) will not be allocated to a Member if such allocation would cause or increase a deficit balance in a Member's ’s Adjusted Capital Account Deficit and will be reallocated to the Members (other Members than any such Member to which the limitations of this 5.7 apply) in proportion to their Percentage Interests, subject to the limitations of this subparagraph 1.4(g)5.7.
Appears in 2 contracts
Samples: Operating Agreement (Liberty Media Corp /De/), Operating Agreement (Liberty Media Corp /De/)
Limit on Loss Allocations. Notwithstanding the provisions of Paragraph 1.2 Section 4.5 of this Agreement or any other provision of this Agreement to the contrary, Net Losses (or items thereof) will shall not be allocated to a Member if such allocation would cause or increase a deficit balance in a Member's ’s Adjusted Capital Account Deficit and will shall be reallocated to the other Members in proportion to their Percentage InterestsDistribution Percentage, subject to the limitations of this subparagraph 1.4(gSection 3(h).
Appears in 2 contracts
Samples: Member Control Agreement (MCT Holding Corp), Member Control Agreement (Dakota Plains Holdings, Inc.)
Limit on Loss Allocations. Notwithstanding the provisions of Paragraph 1.2 Section 4.01 of this Agreement or any other provision of this Agreement to the contrary, Net Losses (or items thereof) will shall not be allocated to a Member if such allocation would cause or increase a deficit balance in a Member's ’s Adjusted Capital Account Deficit and will shall be reallocated to the other Members in proportion to their Percentage Interestsshareholdings, subject to the limitations of this subparagraph 1.4(gSection 3(h).
Appears in 2 contracts
Samples: Limited Liability Company Agreement, Limited Liability Company Agreement
Limit on Loss Allocations. Notwithstanding the provisions of Paragraph 1.2 Section 3.5(b)(11) hereof or any other provision of this Agreement to the contrary, Net Losses (or items thereof) will not be allocated to a Member if such allocation would cause or increase a deficit balance in a Member's Adjusted Capital Account Deficit and will be reallocated to the other Members in proportion to their Percentage Interests, subject to the limitations of this subparagraph 1.4(gSection 3.5(c)(vii).
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Limit on Loss Allocations. Notwithstanding the provisions of Paragraph 1.2 Section 5.6(a) or any other provision of this Agreement to the contrary, Net Losses (or items thereof) will not be allocated to a Member if such allocation would cause or increase a deficit balance in a Member's ’s Adjusted Capital Account Deficit and will be reallocated to the other Members in proportion to their Percentage Interests, subject to the limitations of this subparagraph 1.4(gSection 5.6(c)(vii).
Appears in 1 contract
Samples: Limited Liability Company Agreement (Energysouth Inc)
Limit on Loss Allocations. Notwithstanding the provisions of Paragraph 1.2 Section 3.6(b)(ii) hereof or any other provision of this Agreement to the contrary, Net net Losses (or items thereof) will not be allocated to a Member if such allocation would cause or increase a deficit balance in a Member's Adjusted Capital Account Deficit and will be reallocated to the other Members in proportion to their Percentage Interests, subject to the limitations of this subparagraph 1.4(gSection 3.6(c)(vii).
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Limit on Loss Allocations. Notwithstanding the provisions of Paragraph 1.2 4.2[b] or ------------------------- any other provision of this Agreement to the contrary, Net Losses (or items thereof) will not be allocated to a Member if such allocation would cause or increase a deficit balance in a Member's Adjusted Capital Account Deficit and will be reallocated to the other Members in proportion to their Percentage Ownership Interests, subject to the limitations of this subparagraph 1.4(g)4.8.
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Limit on Loss Allocations. Notwithstanding the provisions of Paragraph 1.2 4.1, or any other provision of this Agreement to the contrary, Net Losses Loss (or items thereof) will not be allocated to a Member if such allocation would cause or increase a deficit balance in a such Member's Adjusted Capital Account and will be reallocated to the other Members in proportion to their Percentage InterestsMembers, subject to the limitations of this subparagraph 1.4(g)4.5.
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Limit on Loss Allocations. Notwithstanding the provisions of Paragraph 1.2 Section 3.5(b)(ii) hereof or any other provision of this Agreement to the contrary, Net Losses (or items thereof) will not be allocated to a Member if such allocation would cause or increase a deficit balance in a Member's Adjusted Capital Account Deficit and will be reallocated to the other Members in proportion to their Percentage Interests, subject to the limitations of this subparagraph 1.4(gSection 3.5(c)(vii).
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Limit on Loss Allocations. Notwithstanding the provisions of Paragraph 1.2 Section 5.2 or any other provision of this Agreement to the contrary, Net Losses (or items thereof) will not be allocated to a Member if such allocation would cause or increase a deficit balance in a Member's Adjusted Capital Account Deficit and will be reallocated to the Members (other Members in proportion than any such Member to their Percentage Interestswhich the limitations of this Section 5.7 apply), subject to the limitations of this subparagraph 1.4(g)Section 5.7.
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