Capital Account Shortfall definition

Capital Account Shortfall means, with respect to any Holdings Common Unitholder, the extent, if any, to which the Holdings Common Unitholder has a Revaluation Capital Account that, as a percentage of the aggregate Revaluation Capital Account balances of all partners of Holdings, is less than the Percentage Interest represented by such LP Unitholder’s LP Units.
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Capital Account Shortfall has the meaning set forth in Section 5.1(c)(i).
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Capital Account Shortfall means, with respect to a Member, the excess, if any, of the sum of such Member’s Unpaid Priority and its Unpaid Cash Return over its Adjusted Capital Account balance.
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Examples of Capital Account Shortfall in a sentence

  • Preferred Units may not be issued in a manner resulting in a Capital Account Shortfall.

  • Common Units may be issued in a manner resulting in a Capital Account Shortfall.

  • In the event the capital account adjustments made pursuant to this Section are insufficient to eliminate the Capital Account Shortfall or Capital Account Excess associated with the applicable Warrant Units, such Capital Account Shortfall or Capital Account Excess shall be eliminated by direct adjustments among the Capital Accounts of the Members.

  • The Company shall specially allocate items of gain and loss otherwise includable in the computation of profit and loss and attributable to such revaluation (and, if necessary, Company gain and loss not attributable to such revaluation) to Holder receiving Warrant Units on the Warrant Exercise Date in a manner that eliminates (to the fullest extent possible) the Capital Account Shortfall or Capital Account Excess associated with the applicable Warrant Units received on the exercise of this Warrant.


More Definitions of Capital Account Shortfall

Capital Account Shortfall means, with respect to the Capital Account associated with the Warrant Units issued upon exercise of this Warrant, the excess (if any) of Holder’s Targeted Account in respect of such Warrant Units over Holder’s Capital Account in respect of such Warrant Units; “Capital Account Excess” shall mean, with respect to the Capital Account associated with the Warrant Units issued upon exercise of this Warrant, the excess (if any) of Holder’s Capital Account in respect of such Warrant Units over Holder’s Targeted Account in respect of such Warrant Units; and “Targeted Account” shall mean, with respect to each Warrant Unit issued upon exercise of this Warrant, an amount equal to the Holder’s proportionate share (based on the number of Warrant Units acquired upon such exercise as it relates to the total outstanding Units as of such date) of the hypothetical aggregate distribution all of the Members would receive if all assets of the Company, including money at the end of such period: (a) were sold for cash equal to their gross asset value (taking into account any adjustments to gross asset value for such period); (b) all liabilities allocable to such assets were then due and were satisfied according to their terms; (c) all Minimum Gain chargebacks required by the Operating Agreement were made; (d) and all obligations of Members to contribute additional capital to the Company were satisfied; and (e) all remaining proceeds from such sale were distributed to the Members as if the Company were liquidated.
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Capital Account Shortfall means, with respect to each Underfunded Unit, the greater of (A) the difference between (x) the amount of such Person's Capital Contribution to the Company in exchange for (or subsequently, in respect of) such Underfunded Unit and (y) Capital Account Per Common Unit and (B) the amount set by the Company at the time of the issuance or grant of any such Underfunded Units.
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Capital Account Shortfall means, with respect to each Member, the excess, if any, of (i) the sum of such Member's Unreturned Capital Contribution plus its Unpaid Preferred Return, if any, over (ii) its Capital Account balance.
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Related to Capital Account Shortfall

  • Adjusted Capital Account Deficit means, with respect to any Member, the deficit balance, if any, in such Member’s Capital Account as of the end of the relevant Fiscal Year, after giving effect to the following adjustments:

  • Target Capital Account means the Capital Account of a Member as of the end of each fiscal year, increased by any amount that such Member is obligated to restore under this Agreement, is treated as obligated to restore under Treasury Regulations Section 1.704-1(b)(2)(ii)(c), or is deemed obligated to restore under the penultimate sentences of Treasury Regulations Section 1.704-2(g)(1) and (i)(5).

  • Adjusted Capital Account means the Capital Account maintained for each Partner as of the end of each Fiscal Year (i) increased by any amounts which such Partner is obligated to restore pursuant to any provision of this Agreement or is deemed to be obligated to restore pursuant to the penultimate sentences of Regulations Sections 1.704-2(g)(1) and 1.704-2(i)(5) and (ii) decreased by the items described in Regulations Sections 1.704-1(b)(2)(ii)(d)(4), 1.704-1(b)(2)(ii)(d)(5) and 1.704-1(b)(2)(ii)(d)(6). The foregoing definition of Adjusted Capital Account is intended to comply with the provisions of Regulations Section 1.704-1(b)(2)(ii)(d) and shall be interpreted consistently therewith.

  • Adjusted Capital Account Balance means, with respect to each Partner, the balance in such Partner’s Capital Account adjusted (i) by taking into account the adjustments, allocations and distributions described in Treasury Regulations Sections 1.704-1(b)(2)(ii)(c)(4), (5) and (6); and (ii) by adding to such balance such Partner’s share of Partnership Minimum Gain and Partner Nonrecourse Debt Minimum Gain, determined pursuant to Treasury Regulations Sections 1.704-2(g) and 1.704-2(i)(5), and any amounts such Partner is obligated to restore pursuant to any provision of this Agreement or by applicable Law. The foregoing definition of Adjusted Capital Account Balance is intended to comply with the provisions of Treasury Regulations Section 1.704-1(b)(2)(ii)(d) and shall be interpreted consistently therewith.

  • REMIC II Interest Loss Allocation Amount With respect to any Distribution Date, an amount equal to (a) the product of (i) 50% of the aggregate Stated Principal Balance of the Mortgage Loans and REO Properties then outstanding and (ii) the REMIC II Remittance Rate for REMIC II Regular Interest AA minus the Marker Rate, divided by (b) 12.

  • Capital Account means, with respect to any Member, the Capital Account maintained for such Member in accordance with the following provisions:

  • REMIC I Interest Loss Allocation Amount With respect to any Distribution Date, an amount equal to (a) the product of (i) the aggregate Stated Principal Balance of the Mortgage Loans and REO Properties then outstanding and (ii) the REMIC I Remittance Rate for REMIC I Regular Interest I-LTAA minus the Marker Rate, divided by (b) 12.

  • Book Capital Account means, for any Holder at any time, the Book Capital Account of the Holder for such day, determined in accordance with Section 8.1 hereof.

  • Allocated Realized Loss Amount With respect to any Distribution Date and any Class of Mezzanine Certificates, the sum of (i) any Realized Losses allocated to such Class of Certificates on such Distribution Date and (ii) the amount of any Allocated Realized Loss Amount for such Class of Certificates remaining unpaid from the previous Distribution Date.

  • Capital Account Limitation has the meaning set forth in Section 4.05(b) hereof.

  • REMIC 2 Interest Loss Allocation Amount With respect to any Distribution Date, an amount equal to (a) the product of (i) the aggregate Stated Principal Balance of the Mortgage Loans and related REO Properties then outstanding and (ii) the Uncertificated REMIC 2 Pass-Through Rate for REMIC 2 Regular Interest LTAA minus the Marker Rate, divided by (b) 12.

  • Capital Accounts An individual capital account shall be maintained for each Partner, and capital contributions to the Partnership by the Partners shall be credited to such accounts. Partnership profits or losses shall also be charged or credited to the separate capital accounts in the manner provided in this Agreement. No interest shall be paid on the capital account of any Partner.

  • Net Realized Losses For any Class of Certificates and any Distribution Date, the excess of (i) the amount of Realized Losses previously allocated to that Class over (ii) the amount of any increases to the Class Certificate Principal Balance of that Class pursuant to Section 5.08 due to Recoveries.

  • Class B Interest Shortfall shall have the meaning specified in subsection 4.02(b).

  • Net Interest Shortfall With respect to any Distribution Date, the Interest Shortfall, if any, for such Distribution Date net of Compensating Interest Payments made with respect to such Distribution Date.

  • Class A Interest Shortfall shall have the meaning specified in subsection 4.02(a).

  • Available Funds Shortfall As defined in Section 3.03(b)(ii)(A).

  • Liquidation Loss Amount With respect to any Payment Date and any Mortgage Loan that became a Liquidated Mortgage Loan during the related Collection Period, the unrecovered portion of the Principal Balance of such Mortgage Loan and any unpaid accrued interest thereon at the end of such Collection Period, after giving effect to the Net Liquidation Proceeds applied in reduction of such Principal Balance.

  • Partially Adjusted Capital Account means, with respect to any Member for any taxable year or other period of the Company, the Capital Account balance of such Member at the beginning of such year or period, adjusted for all contributions and distributions made or deemed made to or by such Member during such year or period and all special allocations to such Member pursuant to Section 6.2 with respect to such year or period, but before giving effect to any allocations of Net Profit or Net Loss to such Member pursuant to Section 6.1 with respect to such year or period.

  • Net Loss Amount means the sum of Cumulative Loss Amounts under this Single Family Shared-Loss Agreement and Aggregate Net Charge-Offs under the Commercial Shared-Loss Agreement.

  • Finance Charge Shortfall shall have the meaning specified in Section 4.09.

  • Class Interest Shortfall As to any Distribution Date and Class, the amount by which the amount described in clause (i) of the definition of Class Optimal Interest Distribution Amount for such Class exceeds the amount of interest actually distributed on such Class on such Distribution Date pursuant to such clause (i).