Common use of Limitation on Allocation of Net Loss Clause in Contracts

Limitation on Allocation of Net Loss. If the allocation of Net Loss (or items of loss or deduction) to a Holder as provided in Section 6.1 hereof would create or increase an Adjusted Capital Account deficit, there shall be allocated to such Holder only that amount of Net Loss (or items of loss or deduction) as will not create or increase an Adjusted Capital Account deficit. The Net Loss (or items of loss or deduction) that would, absent the application of the preceding sentence, otherwise be allocated to such Holder shall be allocated to the other Holders in accordance with their relative Percentage Interests, subject to the limitations of this Section 6.3.C(vi).

Appears in 3 contracts

Samples: Agreement (Shearson American REIT, Inc.), Agreement (Excel Trust, Inc.), Agreement (Excel Trust, Inc.)

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Limitation on Allocation of Net Loss. If the allocation of Net Loss (or items of loss or deduction) to a Holder as provided in Section 6.1 hereof would create or increase an Adjusted Capital Account deficit, there shall be allocated to such Holder only that amount of Net Loss (or items of loss or deduction) as will not create or increase an Adjusted Capital Account deficit. The Net Loss (or items of loss or deduction) that would, absent the application of the preceding sentence, otherwise be allocated to such Holder shall be allocated to the other Holders in accordance with their relative Percentage InterestsInterests in Common-Equivalent Units, subject to the limitations of this Section 6.3.C(vi).

Appears in 2 contracts

Samples: Agreement (Excel Trust, Inc.), Excel Trust, Inc.

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Limitation on Allocation of Net Loss. If the allocation of Net Loss (or items of loss or deduction) to a Holder Member as provided in Section 6.1 13(a) hereof would create or increase an Adjusted Capital Account deficit, there shall be allocated to such Holder Member only that amount of Net Loss (or items of loss or deduction) as will not create or increase an Adjusted Capital Account deficit. The Net Loss (or items of loss or deduction) that would, absent the application of the preceding sentence, otherwise be allocated to such Holder Member shall be allocated to the other Holders Members in accordance with their relative Percentage Interests, subject to the limitations of this Section 6.3.C(vi14(b)(iv).

Appears in 1 contract

Samples: Limited Liability Company Agreement (Gates Engineering & Services FZCO)

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