Timing and Amount of Allocations of Net Income and Net Loss. Net Income and Net Loss of the Company shall be determined and allocated with respect to each fiscal year of the Company as of the end of each such year or as circumstances otherwise require or allow. Subject to the other provisions of this Section 4.3, an allocation to a Unitholder of a share of Net Income or Net Loss shall be treated as an allocation of the same share of each item of income, gain, loss or deduction that is taken into account in computing Net Income or Net Loss.
Appears in 9 contracts
Samples: Limited Liability Company Agreement (Michael Foods Inc/New), Limited Liability Company Agreement (Michael Foods Inc/New), Limited Liability Company Agreement (NTK Holdings, Inc.)
Timing and Amount of Allocations of Net Income and Net Loss. Net Income and Net Loss of the Company shall be determined and allocated with respect to each fiscal year of the Company Fiscal Year as of the end of each such year or year. Except as circumstances otherwise require or allow. Subject provided in this Article 6, and subject to the other provisions of this Section 4.311.6.C hereof, an allocation to a Unitholder Holder of a share of Net Income or Net Loss shall be treated as an allocation of the same share of each item of income, gain, loss or deduction that is taken into account in computing Net Income or Net Loss.
Appears in 8 contracts
Samples: Limited Liability Company Agreement (BrightSpire Capital, Inc.), Limited Liability Company Agreement (Colony NorthStar Credit Real Estate, Inc.), Limited Liability Company Agreement (NorthStar Real Estate Income II, Inc.)
Timing and Amount of Allocations of Net Income and Net Loss. Net Income and Net Loss of the Company shall be determined and allocated with respect to each fiscal year of the Company as of the end of each such year or as circumstances otherwise require or allow. Subject to the other provisions of this Section 4.3, an allocation to a Unitholder Member of a share of Net Income or Net Loss shall be treated as an allocation of the same share of each item of income, gain, loss or deduction that is taken into account in computing Net Income or Net Loss.
Appears in 4 contracts
Samples: Limited Liability Company Agreement (PGA Holdings, Inc.), Limited Liability Company Agreement (PGA Holdings, Inc.), Limited Liability Company Agreement (Civitas Solutions, Inc.)
Timing and Amount of Allocations of Net Income and Net Loss. Net Income and Net Loss of the Company shall be determined and allocated with respect to each fiscal year of the Company Fiscal Year as of the end of each such year or Fiscal Year. Except as circumstances otherwise require or allow. Subject provided in this Article V, and subject to the other provisions of this Section 4.310.6(c), an allocation to a Unitholder Holder of a share of Net Income or Net Loss shall be treated as an allocation of the same share of each item of income, gain, loss or deduction that is taken into account in computing Net Income or Net Loss.
Appears in 3 contracts
Samples: Limited Liability Company Operating Agreement (Genesis Healthcare, Inc.), Purchase and Contribution Agreement (Skilled Healthcare Group, Inc.), Purchase and Contribution Agreement (Skilled Healthcare Group, Inc.)
Timing and Amount of Allocations of Net Income and Net Loss. Net Income and Net Loss of the Company shall be determined and allocated with respect to each fiscal year of the Company Fiscal Year as of the end of each such year or year. Except as circumstances otherwise require or allow. Subject provided in this Article V, and subject to the other provisions of this Section 4.310.5(c), an allocation to a Unitholder Holder of a share of Net Income or Net Loss shall be treated as an allocation of the same share of each item of income, gain, loss or deduction that is taken into account in computing Net Income or Net Loss.
Appears in 2 contracts
Samples: Limited Liability Company Agreement (Wayne Farms, Inc.), Limited Liability Company Agreement (Wayne Farms, Inc.)
Timing and Amount of Allocations of Net Income and Net Loss. Net Income and Net Loss of the Company shall be determined and allocated with respect to each fiscal year of the Company Year as of the end of each such year or year. Except as circumstances otherwise require or allow. Subject provided in this Article 6, and subject to the other provisions of this Section 4.311.5(c) and Section 12.1(c) hereof, an allocation to a Unitholder Holder of a share of Net Income or Net Loss shall be treated as an allocation of the same share of each item of income, gain, loss or deduction that is taken into account in computing Net Income or Net Loss.
Appears in 2 contracts
Samples: Limited Liability Company Agreement (Five Point Holdings, LLC), Operating Agreement (Five Point Holdings, LLC)
Timing and Amount of Allocations of Net Income and Net Loss. Net Income and Net Loss of the Company shall be determined and allocated with respect to each fiscal year Fiscal Year of the Company as of the end of each such year or year. Except as circumstances otherwise require or allow. Subject to the other provisions of provided in this Section 4.3Article 6, an allocation to a Unitholder Member of a share of Net Income or Net Loss shall be treated as an allocation of the same share of each item of income, gain, loss or deduction (collectively, “Tax Items”) that is taken into account in computing Net Income or Net Loss.
Appears in 1 contract
Timing and Amount of Allocations of Net Income and Net Loss. Net Income and Net Loss of the Company shall be determined and allocated with respect to each fiscal year Fiscal Year of the Company as of the end of each such year or year. Except as circumstances otherwise require or allow. Subject to the other provisions of provided in this Section 4.3Article 6, an allocation to a Unitholder Member of a share of Net Income or Net Loss shall be treated as an allocation of the same share of each item of income, gain, loss or deduction (collectively "Tax Items") that is taken into account in computing Net Income or Net Loss.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Health Care Property Investors Inc)
Timing and Amount of Allocations of Net Income and Net Loss. Net Income and Net Loss of the Company shall be determined and allocated with respect to each fiscal year Fiscal Year of the Company as of the end of each such year or year. Except as circumstances otherwise require or allow. Subject to the other provisions of provided in this Section 4.3Article 6, an allocation to a Unitholder Member of a share of Net Income or Net Loss shall be treated as an allocation of the same share of each item of income, gain, loss or deduction that is taken into account in computing Net Income or Net Loss.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Health Care Property Investors Inc)
Timing and Amount of Allocations of Net Income and Net Loss. Net Income and Net Loss of the Company shall be determined and allocated with respect to each fiscal year Fiscal Year of the Company as of the end of each such year or year. Except as circumstances otherwise require or allow. Subject to the other provisions of provided in this Section 4.3Article 6, an allocation to a Unitholder --------- Member of a share of Net Income or Net Loss shall be treated as an allocation of the same share of each item of income, gain, loss or deduction that is taken into account in computing Net Income or Net Loss.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Bre Properties Inc /Md/)
Timing and Amount of Allocations of Net Income and Net Loss. Net Income and Net Loss of the Company shall be determined and allocated with respect to each fiscal year Company Year of the Company as of the end of each such year or year. Except as circumstances otherwise require or allow. Subject to the other provisions of provided in this Section 4.3Article VII, an allocation to a Unitholder Holder of a share of Net Income or Net Loss shall be treated as an allocation of the same share of each item of income, gain, loss or deduction that is taken into account in computing Net Income or Net Loss.
Appears in 1 contract
Timing and Amount of Allocations of Net Income and Net Loss. Net Income and Net Loss of the Company shall be determined and allocated with respect to each fiscal year Fiscal Year of the Company as of the end of each such year or year. Except as circumstances otherwise require or allow. Subject to the other provisions of provided in this Section 4.3Article VI, an allocation to a Unitholder Member of a share of Net Income or Net Loss shall be treated as an allocation of the same share of each item of income, gain, loss or deduction (collectively, “Tax Items”) that is taken into account in computing Net Income or Net Loss.
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