Common use of No Excess Deficit Clause in Contracts

No Excess Deficit. To the extent that any Member has or would have, as a result of an allocation of Loss (or item thereof), an Adjusted Capital Account Deficit, such amount of Loss (or item thereof) shall be allocated to the other Members in accordance with Section 8.02(a), but in a manner which will not produce an Adjusted Capital Account Deficit as to such Members. To the extent such allocation would result in all Members having Adjusted Capital Account Deficits, such Loss shall be allocated to the Managing Members.

Appears in 2 contracts

Sources: Limited Liability Company Agreement (Zell Samuel), Limited Liability Company Agreement (Zell Samuel)

No Excess Deficit. To the extent that any Member Unitholder has or would have, as a result of an allocation of Loss (or item thereof), an Adjusted Capital Account Deficit, such amount of Loss (or item thereof) shall be allocated to the other Members Unitholders in accordance with Section 8.02(a)2.1 of this Appendix A, but in a manner which will not produce an Adjusted Capital Account Deficit as to such MembersUnitholders. To the extent such allocation would result in all Members Unitholders having Adjusted Capital Account Deficits, such Loss shall be allocated without regard to the Managing Membersthis Section 2.3(C).

Appears in 1 contract

Sources: Limited Liability Company Agreement (Alchemy Investments Acquisition Corp 1)

No Excess Deficit. To the extent that any Member has or would have, as a result of an allocation of Loss (or item thereof), an Adjusted Capital Account Deficit, such amount of Loss (or item thereof) shall be allocated to the other Members in accordance with Section 8.02(a)2.1 of this Appendix A, but in a manner which will not produce an Adjusted Capital Account Deficit as to such Members. To the extent such allocation would result in all Members having Adjusted Capital Account Deficits, such Loss shall be allocated to the Managing Members.

Appears in 1 contract

Sources: Loan Agreement (American Casino & Entertainment Properties LLC)

No Excess Deficit. To the extent that any Member has or would have, as a result of an allocation of Loss loss (or an item thereof), an Adjusted Capital Account Deficit, such amount of Loss loss (or an item thereof) shall be allocated to the other Members in accordance with Section 8.02(a)this Paragraph 1.3, but in a manner which will not produce an Adjusted Capital Account Deficit as to any such Members. To the extent such allocation would result in all Members having Adjusted Capital Account Deficits, such Loss shall be allocated to the Managing MembersMember.

Appears in 1 contract

Sources: Operating Agreement (Playboy Enterprises Inc)

No Excess Deficit. To the extent that any Member has or would have, as a result of an allocation of Net Loss (or item thereof), an Adjusted Capital Account Deficit, such amount of Net Loss (or item thereof) shall be allocated to the other Members in accordance with Section 8.02(a5.1(b), but in a manner which will not produce an Adjusted Capital Account Deficit as to such MembersMember. To the extent such allocation would result in all Members having Adjusted Capital Account Deficits, such Net Loss (or item thereof) shall be allocated to the Managing MembersMember.

Appears in 1 contract

Sources: Operating Agreement (StartEngine Real Estate REIT 1 LLC)

No Excess Deficit. To the extent that any Member has or would have, as a result of an allocation of Loss (or item thereof), ) an Adjusted Capital Account Deficit, such amount of Loss (or item thereof) shall be allocated to the other Members in accordance with Section 8.02(a)7.1, but in a manner which will not produce an Adjusted Capital Account Deficit as to such Members. To the extent such allocation would result in all Members having Adjusted Capital Account Deficits, such Loss shall be allocated to the Managing MembersMembers in accordance with their Percentage Interest.

Appears in 1 contract

Sources: Limited Liability Company Agreement (Brookdale Senior Living Inc.)