Common use of Limitations on Loss Allocation Clause in Contracts

Limitations on Loss Allocation. Notwithstanding any other provision of this Agreement to the contrary, no item of loss or deduction of the Company shall be allocated to a Member if such allocation would result in a negative balance in such Member’s Capital Account. Such loss or deduction shall be allocated first among the Members with positive balances in their Capital Accounts in proportion to (and to the extent of) such positive balances, and thereafter in accordance with their interests in the Company as determined under Section 1.704-1(b)(3) of the Treasury Regulations.

Appears in 21 contracts

Samples: Organization Agreement, Organization Agreement (Futures Strategic Trust), Organization Agreement (Diversified Futures Trust I)

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Limitations on Loss Allocation. Notwithstanding any other provision of this Agreement to the contrary, no item of loss or deduction of the Company shall be allocated to a Member if to the extent that such allocation would result in a negative balance in such Member’s Adjusted Capital Account. Such Any such loss or deduction shall be allocated first among the Members with positive balances in their Capital Accounts in proportion to (and to the extent of) such positive balances, and thereafter in accordance with their interests in the Company Interests as determined under Section Treas. Reg. §1.704-1(b)(3) of the Treasury Regulations).

Appears in 2 contracts

Samples: Limited Liability Company Agreement (Dynegy Inc /Il/), Limited Liability Company Agreement (Dynegy Inc /Il/)

Limitations on Loss Allocation. Notwithstanding any other provision of this Agreement to the contrary, no No item of loss or deduction of the Company shall be allocated to a Member if such allocation would result in a negative balance in such Member’s 's Adjusted Capital Account. Such loss or deduction shall be allocated first among the Members with positive balances in their Capital Accounts in proportion to (and to the extent of) such positive balances, balances and thereafter in accordance with their interests in the Company as determined under Section 1.704-1(b)(3) of the Treasury Regulations.)

Appears in 2 contracts

Samples: Supply Agreement (Minnesota Corn Processors LLC), Supply Agreement (Corn Products International Inc)

Limitations on Loss Allocation. Notwithstanding any other provision of this Agreement to the contrary, no Loss or item of loss or deduction of the Company LLC shall be allocated to a Member if such allocation would result in a negative balance in such Member’s Adjusted Capital Account. Such Loss or item of loss or deduction shall be allocated first among the Members with positive balances in their Capital Accounts in proportion to (and to the extent of) such positive balances, balances and thereafter in accordance with their interests in the Company as determined under Section 1.704-1(b)(3) of the Treasury Regulationsrespective Membership Units.

Appears in 1 contract

Samples: Operating Agreement (FDR Ireland LTD)

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Limitations on Loss Allocation. Notwithstanding any other provision Section of this Agreement to the contrary, no item of loss or deduction of the Company shall be allocated to a Member Shareholder if such allocation would result in a negative balance in such MemberShareholder’s Adjusted Capital Account. Such loss or deduction shall be allocated first among the Members Shareholders with positive balances in their Adjusted Capital Accounts in proportion to (and to the extent of) such positive balances, balances and thereafter in accordance with their interests in the Company as determined under Section 1.704-1(b)(3) of the Treasury Regulations.

Appears in 1 contract

Samples: Operating Agreement (ServiceMaster Consumer Services Limited Partnership)

Limitations on Loss Allocation. Notwithstanding any other provision of this Agreement to the contrary, no item of loss or deduction of the Company shall be allocated to a Member if such allocation would result in a negative balance in such Member’s Adjusted Capital Account. Such loss or deduction shall be allocated first among the Members with positive balances in their Capital Accounts in proportion to (and to the extent of) such positive balances, balances and thereafter in accordance with their interests in the Company as determined under Section 1.704-1(b)(3) of the Treasury Regulations.

Appears in 1 contract

Samples: Limited Liability Company Agreement (SS&C Technologies Holdings Inc)

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