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any items of income, gain, loss or deduction specially allocated pursuant to Sections 3.4(al or 3.4(b) shall be excluded from the determination of Net Profit and Net Loss; and (d) treating as an item of gain (loss) the excess (deficit), if any, of the gross fair market value of property distributed in
id under Section 7.1(a) and (ii) any gain or loss (as computed for book purposes) attributable to property distributed in kind shall be included in the Net Profit or Net Loss (as determined to be appropriate by the General Partner) for the Fiscal Year which includes the date of such distribution. ARTICLE 8 GENERAL PROVI
et Profit or Net Loss means the amount by which the Net Assets as of the close of business on the last day of a Fiscal Period exceed (in the case of Net Profit) or are less than (in the case of Net Loss) the Net Assets as of the commencement of the same Fiscal Period (or, with respect to the initial Fiscal
gainst amounts to be paid under Section 6.2(a) above, and (ii) any profit or loss attributable to property distributed in-kind shall be included in the Net Profit or Net Loss for the Fiscal Period ending on the date of such distribution. ARTICLE VIkAccounting, Valuations and Books and Records 7.1 Accounting and Reports
et Profit or Net Loss means the amount by which the Net Assets as of the close of business on the last day of a Fiscal Period exceed (in the case of Net Profit) or are less than (in the case of Net Loss) the Net Assets as of the commencement of the same Fiscal Period (or, with respect to the initial Fiscal
gainst amounts to be paid under Section 6.2(a) above, and (ii) any profit or loss attributable to property distributed in-kind shall be included in the Net Profit or Net Loss for the Fiscal Period ending on the date of such distribution. ML281817-MAXWELL B-23 CONFIDENTIAL UBSTERRAMAR00002504 EFTA00238060 ARTICLE VI
et Profit or Net Loss means the amount by which the Net Assets as of the close of business on the last day of a Fiscal Period exceed (in the case of Net Profit) or are less than (in the case of Net Loss) the Net Assets as of the commencement of the same Fiscal Period (or, with respect to the initial Fiscal
gainst amounts to be paid under Section 6.2(a) above, and (ii) any profit or loss attributable to property distributed in-kind shall be included in the Net Profit or Net Loss for the Fiscal Period ending on the date of such distribution. MEI-MAXWELL B-23 CONFIDENTIAL UBSTERRAMAR00001451 EFTA00237097 ARTICLE VIkAcco
Entities connected to both Net Profit and the Net Profit or Net Loss

Wilmington
LOCATION
United States
LOCATION
Samantha Power
PERSONCayman
LOCATIONthe Exempted Limited Partnership Law
ORGANIZATIONthe Delaware Limited Liability Company Act
ORGANIZATIONthe Securities and Exchange Commission
ORGANIZATION
UBS AG
ORGANIZATION
Federal Reserve
ORGANIZATION
Millennium
ORGANIZATIONLehman
ORGANIZATION
Mohammed bin Salman
PERSON
England
LOCATIONthe U.S. Department of Labor
ORGANIZATIONUBS Securities LLC
ORGANIZATION
New York
LOCATION
Department of Justice
ORGANIZATION
New York State
LOCATION
Internal Revenue Service
ORGANIZATIONErnst & Young LLP
ORGANIZATION