Common use of Loss Allocation Limitation Clause in Contracts

Loss Allocation Limitation. No allocation of Losses (or items thereof) shall be made to any Member to the extent that such allocation would create or increase a deficit in such Member's Capital Account (as determined after debiting such Capital Account for the items described in Treasury Regulations Section 1.704-1(b)(2)(ii)(d)(4), (5) and (6) and crediting such Capital Account for any amounts that such Member is obligated to restore or is deemed obligated to restore pursuant to Treasury Regulations Section 1.704-2).

Appears in 5 contracts

Samples: Limited Liability Company Operating Agreement (Secured Real Estate Income Fund II, LLC), Limited Liability Company Operating Agreement (Secured Real Estate Income Fund II, LLC), Limited Liability Company Operating Agreement (Secured Real Estate Income Strategies, LLC)

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Loss Allocation Limitation. No allocation of Losses Net Loss (or items thereof) shall be made to any Member to the extent that such allocation would create or increase a deficit in such Member's ’s Capital Account (as determined after debiting such Capital Account for the items described in Treasury Regulations Section 1.704-1(b)(2)(ii)(d)(4), (5) and (6) and crediting such Capital Account for any amounts that such Member is obligated to restore or is deemed obligated to restore pursuant to Treasury Regulations Section 1.704-2).

Appears in 1 contract

Samples: Limited Liability Company Agreement (HPS Corporate Lending Fund)

Loss Allocation Limitation. No allocation of Losses net loss (or items thereof) shall be made to any Member to the extent that such allocation would create or increase a deficit in such Member's Capital Account (as determined after debiting such Capital Account for the items described in Treasury Regulations Section 1.704-1(b)(2)(ii)(d)(4), (5) and (6) and crediting such Capital Account for any amounts that such Member is obligated to restore or is deemed obligated to restore pursuant to Treasury Regulations Section 1.704-2) and such net loss (or items thereof) shall instead be allocated to the other Members subject to this clause 3.12(e).

Appears in 1 contract

Samples: Limited Liability Company Agreement (Huntsman International Holdings LLC)

Loss Allocation Limitation. No allocation of Losses Loss (or items thereof) shall be made to any Member to the extent that such allocation would create or increase a deficit in such Member's ’s Capital Account (as determined after debiting such Capital Account for the items described in Treasury Regulations Section 1.704-1(b)(2)(ii)(d)(4), 1(b)(2) (5ii)(d)(4),(5) and (6) and crediting such Capital Account for any amounts that such Member is obligated to restore or is deemed obligated to restore pursuant to Treasury Regulations Section 1.704-2).

Appears in 1 contract

Samples: Operating Agreement (Broadstone Net Lease, Inc.)

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Loss Allocation Limitation. No allocation of Losses Net Loss (or items thereof) Member shall be made to any Member to the extent that such allocation would create or increase a deficit in such Member's ’s Capital Account (as determined after debiting such Capital Account for the items described in Treasury Regulations Section 1.704-1(b)(2)(ii)(d)(4), (51(b)(2)(ii)(d)(4),(5) and (6) and crediting such Capital Account for any amounts that such Member is obligated to restore or is deemed obligated to restore pursuant to Treasury Regulations Section 1.704-2).

Appears in 1 contract

Samples: Limited Liability Company (Ignis Petroleum Group, Inc.)

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