- 89 - SECTION IV Profit, Loss and Distributions 4.1. Distributions of Cash Flow and Allocations of Profit or Loss Other than Capital Transactions. 4.1.1. Profit or Loss other than from a Capital Transaction. After giving effect to the special allocations [for purposes of subchapter K of the Internal Revenue Code] set forth in Section 4.3, for any taxable year of the Company, Profit or Loss (other than Profit or Loss resulting from a Capital Transaction, which Profit or Loss shall be allocated in accordance with the provisions of Section 4.2.1. and 4.2.2.) shall be allocated to the Interest Holders in proportion to their Percentages. 4.1.2. Distributions of Cash Flow. Cash Flow for each taxable year of the Company shall be distributed to the Interest Holders in proportion to their Percentages no later than seventy-five (75) days after the end of the taxable year. 4.2. Distribution of Capital Proceeds and Allocation of Profit or Loss from Capital Transactions. 4.2.1. Profit. After giving effect to the special allocations [for purposes of subchapter K of the Internal Revenue Code] set forth in Section 4.3, Profit from a Capital Transaction shall be allocated as follows: 4.2.1.1. If one or more Interest Holders has a Negative Capital Account, to those Interest Holders, in proportion to their Negative Capital Accounts, until all of those Negative Capital Accounts have been reduced to zero. 4.2.1.2. Any Profit not allocated pursuant to Section 4.2.1.1 shall be allocated to the Interest Holders in proportion to, and to the extent of, the amounts distributable to them pursuant to Section 4.2.3.4.1. and 4.2.3.4.3 4.2.1.3. Any Profit in excess of the foregoing allocation shall be allocated to the Interest Holders in proportion to their Percentages.Page: Previous 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 NextLast modified: March 27, 2008