Common use of Loss Limitation Clause in Contracts

Loss Limitation. Notwithstanding anything to the contrary contained in this Section 5.3, the amount of items of Company expense and loss allocated pursuant to this Section 5.3 to any Member shall not exceed the maximum amount of such items that can be so allocated without causing such Member to have an Adjusted Capital Account Deficit at the end of any Allocation Year. All such items in excess of the limitation set forth in this Section 5.3(b) shall be allocated first to Members who would not have an Adjusted Capital Account Deficit, pro rata in proportion to their Capital Account balances, adjusted as provided in sub-paragraphs (a) and (b) of the definition of Adjusted Capital Account Deficit, until no Member would be entitled to any further allocation, and thereafter to the Members pro rata in accordance with their respective ownership percentages of the Membership Interests.

Loss Limitation. Notwithstanding anything to the contrary contained in this Section 5.3, the amount of items of Company expense and loss allocated pursuant to this Section 5.3 to any Member shall not exceed the maximum amount of such items that can be so allocated without causing such Member to have an Adjusted Capital Account Deficit at the end of any Allocation Year. All such items in excess of the limitation set forth in this Section 5.3(b) shall be allocated first to Members who would not have an Adjusted Capital Account Deficit, pro rata in proportion to their Capital Account balances, adjusted as provided in sub-paragraphs (ai) and (bii) of the definition of Adjusted Capital Account Deficit, until no Member would be entitled to any further allocation, and thereafter to the Members pro rata in accordance with their respective ownership percentages of the Membership InterestsNew Source Energy.

Loss Limitation. Notwithstanding anything to the contrary contained in this Section 5.3, the amount of items of Company expense and loss allocated pursuant to this Section 5.3 to any Member shall not exceed the maximum amount of such items that can be so allocated without causing such Member to have an Adjusted Capital Account Deficit at the end of any Allocation Fiscal Year. All such items in excess of the limitation set forth in this Section 5.3(b5.3(c) shall be allocated first to Members who would not have an Adjusted Capital Account Deficit, pro rata in proportion to their Capital Account balances, adjusted as provided in sub-paragraphs (a) and (b) of the definition of Adjusted Capital Account Deficit, until no Member would be entitled to any further allocation, and thereafter to all of the Members Members, pro rata rata, in accordance with their respective ownership percentages the Sharing Ratio of the Membership Interestseach such Member.

Loss Limitation. Notwithstanding anything to the contrary contained in this Section 5.3, the amount of items of Company expense and loss allocated pursuant to this Section 5.3 to any Member shall not exceed the maximum amount of such items that can be so allocated without causing such Member to have an Adjusted Capital Account Deficit at the end of any Allocation Year. All such items in excess of the limitation set forth in this Section 5.3(b) shall be allocated first to Members who would not have an Adjusted Capital Account Deficit, pro rata in proportion to their Capital Account balances, adjusted as provided in sub-paragraphs (a) and (b) of the definition of Adjusted Capital Account Deficit, until no Member would be entitled to any further allocation, and thereafter to the Members pro rata in accordance with their respective ownership percentages of the Membership InterestsClass A Member.

Loss Limitation. Notwithstanding anything to the contrary contained in this Section 5.3, the amount of items of Company expense and loss allocated pursuant to this Section 5.3 to any Member shall not exceed the maximum amount of such items that can be so allocated without causing such Member to have an Adjusted Capital Account Deficit at the end of any Allocation Year. All such items in excess of the limitation set forth in this Section 5.3(b) shall be allocated first to Members who would not have an Adjusted Capital Account Deficit, pro rata in proportion to their Capital Account balances, adjusted as provided in sub-paragraphs (ai) and (bii) of the definition of Adjusted Capital Account Deficit, until no Member would be entitled to any further allocation, and thereafter to the Members pro rata in accordance with their respective ownership percentages of the Membership InterestsClass A Member.

Loss Limitation. Notwithstanding anything to the contrary contained in this Section 5.38.2, the amount of items of Company expense and loss allocated pursuant to this Section 5.3 8.2 to any Member shall not exceed the maximum amount of such items that can be so allocated without causing such Member to have an Adjusted Capital Account Deficit at the end of any Allocation Yearfiscal year. All such items in excess of the limitation set forth in this Section 5.3(b8.2(d) shall be allocated first first, to Members who would not have an Adjusted Capital Account Deficit, pro rata rata, in proportion to their Capital Account balances, adjusted as provided in sub-paragraphs clauses (ai) and (bii) of the definition of Adjusted Capital Account Deficit, until no Member would be entitled to any further allocation, and thereafter thereafter, to all Members, pro rata, in proportion to their Percentage Interests in the Members pro rata in accordance with their respective ownership percentages of the Membership Interestsapplicable Series.

Loss Limitation. Notwithstanding anything to the contrary contained in this Section 5.37.2, the amount of items of Company expense and loss allocated pursuant to this Section 5.3 7.2 to any Member shall not exceed the maximum amount of such items that can be so allocated without causing such Member to have an Adjusted Capital Account Deficit at the end of any Allocation Fiscal Year. All such items in excess of the limitation set forth in this Section 5.3(b7.2(a) shall be allocated first to Members who would not have an Adjusted Capital Account Deficit, pro rata in proportion to their Capital Account balances, adjusted as provided in sub-paragraphs (a) and (b) of the definition of Adjusted Capital Account Deficit, until no Member would be entitled to any further allocation, and thereafter to all of the Members Members, pro rata rata, in accordance with their respective ownership percentages the Capital Contributions of the Membership Interestseach such Member.

Loss Limitation. Notwithstanding anything to the contrary contained in this Section 5.3, the amount of items of Company expense and loss allocated pursuant to this Section 5.3 to any Member shall not exceed the maximum amount of such items that can be so allocated without causing such Member to have an Adjusted Capital Account Deficit at the end of any Allocation Year. All such items in excess of the limitation set forth in this Section 5.3(b5.3(c) shall be allocated first to Members who would not have an Adjusted Capital Account Deficit, pro rata in proportion to their Capital Account balances, adjusted as provided in sub-paragraphs (a) and (b) of the definition of Adjusted Capital Account Deficit, until no Member would be entitled to any further allocation, and thereafter to all of the Members Members, pro rata rata, in accordance with their respective ownership percentages the Sharing Ratio of the Membership Interestseach such Member.

Loss Limitation. Notwithstanding anything to the contrary contained in this Section 5.37.2, the amount of items of Company expense and loss of the Company allocated pursuant to this Section 5.3 7.2 to any Member shall not exceed the maximum amount of such items that can be so allocated without causing such Member to have an Adjusted Capital Account Deficit at the end of any Allocation Yearfiscal year. All such items in excess of the limitation set forth in this Section 5.3(b7.2(b) shall be allocated first first, to Members who would not have an Adjusted Capital Account Deficit, pro rata rata, in proportion to their Capital Account balances, adjusted as provided in sub-paragraphs clauses (a) and (b) of the definition of Adjusted Capital Account Deficit, until no Member would be entitled to any further allocation, and thereafter thereafter, to the Members all Members, pro rata rata, in accordance with proportion to their respective ownership percentages of the Membership InterestsUnits held.