Common use of Allocation of Distributions Clause in Contracts

Allocation of Distributions. Determinations to make distributions with respect to Shares shall be made by the Manager, and the Manager shall have sole discretion in determining the amount and frequency of such distributions; provided, however, that no distribution shall be made that violates the Delaware Trust Statute. The aggregate distributions made in a Fiscal Year (other than distributions on termination, which shall be allocated in the manner described in Article XIII) shall be allocated among the holders of record of Shares in the ratio in which the number of Shares held of record by each of them bears to the number of Shares held of record by all Shareholders of the Trust as of the record date of such distribution; provided, further, however, that any distribution made in respect of a Share shall not exceed the book capital account for such Share.

Allocation of Distributions. Determinations to make Initially, distributions with respect to Shares shall be made by the Manager, and the Manager shall have sole discretion in determining the amount and frequency of such distributions, other than redemptions, with respect to the Shares; provided, however, that no distribution shall be made that violates the Delaware Trust Statute. The aggregate distributions made in a Fiscal Year (other than distributions on termination, which shall be allocated in the manner described in Article XIII) shall be allocated among the holders of record of Shares in the ratio in which the number of Shares held of record by each of them bears to the number of Shares held of record by all of the Shareholders of the Trust as of the record date of such distribution; provided, further, however, that any distribution made in respect of a Share shall not exceed the book capital account for such Share.