Allocation of Loss. Any loss from the sale or exchange of all or substantially all of the Company’s assets shall be allocated first, so as to equalize the capital account balances of all Members holding the same number of Capital Units, and thereafter, the remaining losses shall be allocated to the Members, ratably in proportion to their Ownership Percentages.
Allocation of Loss. Loss (as defined in Section 5.3, below) for each taxable year shall be allocated as follows:
Allocation of Loss. After giving effect to the special allocations set forth in Sections 5.1(b), (c), (d) and (g), Loss shall be allocated as follows:
Allocation of Loss. If a Claim made against the Insured Person includes both covered and uncovered matters, or if a Claim is made against both the Insured Persons and others not covered under this Policy (including the Company), it is agreed that there must be an allocation of Loss pertaining to such insured and uninsured matters. Such allocation will be based on the determination in any final judicial decision or finding or in any binding settlement or other agreement. Until such determination or if there is no such determination, the Insured Person, the Company and the Insurer shall agree upon a fair and proper allocation between insured and uninsured matters based upon the relative legal and financial exposures of the parties to such matters. Any allocation or payment of Defence Costs shall not apply to or create any presumption with respect to the allocation of other Loss.
Allocation of Loss. Recoveries hereunder shall be allocated to the Property Agreement and the Multiple Layer Agreement in the ratio that loss retained by the REINSURED under such agreements as respects each common occurrence constitute loss to which this agreement applies.
Allocation of Loss. After giving effect to the Special Allocations set forth in SECTION 3.5, and except as provided in SECTION 3.6, Loss of the Company for any period shall be allocated to the Members in proportion to their respective Percentage Interests. Notwithstanding the above, Loss from a Capital Transaction with respect to a sale of a Project shall be allocated first to Manager to the extent of Manager's Unreturned Capital Contributions with respect to such Project after reflecting any distributions of Unreturned Capital Contributions resulting from such sale under SECTION 3.9(c), second to CalPERS to the extent of CalPERS' Unreturned Capital Contributions with respect to such Project after reflecting any distributions of Unreturned Capital Contributions resulting from such sale under SECTION 3.9(c) and third to the Members in proportion to their respective Percentage Interests. Furthermore, Loss from a Capital Transaction upon the Liquidation of the Company shall be allocated first to Manager to the extent of Manager's Unreturned Capital Contributions after reflecting any distributions of Unreturned Capital Contributions resulting from such Liquidation pursuant to SECTION 3.9(c), second to CalPERS to the extent of CalPERS' Unreturned Capital Contributions after reflecting any distributions of Unreturned Capital Contributions resulting from such Liquidation pursuant to SECTIONS 3.9(c) and (e), and third to the Members in proportion to their respective Percentage Interests.
Allocation of Loss. After giving effect to the special allocations set forth in Sections 9.3 and 9.4, the Loss for any Fiscal Year of the Company shall be allocated among the Unit Holders in the following order of priority:
Allocation of Loss. Except as may be required by Section 704(c) of the Code and this Article and the Designation establishing any preferred class of Interests, the Company’s Loss for each Taxable Year shall be allocated to the Capital Accounts of the Members in the following priority:
Allocation of Loss. Subject to Section 7.2, Loss shall be allocated among the Partners at the end of each Fiscal Year in the following order of priority:
Allocation of Loss. After giving effect to the special allocations in Section 7.8, Loss for any Period shall be allocated among the Members so as to reduce proportionately, the differences between their respective Partially Adjusted Capital Accounts and Target Capital Accounts for such Period. No portion of the Loss for any Period shall be allocated to a Member whose Target Capital Account is greater than or equal to his Partially Adjusted Capital Account for such Period.
