Amount of Distributions. Notwithstanding any other provision of this Operating Agreement, no distribution to the Members or the Interest Holders or to any other person shall be made if, after the distribution is made, the assets of the Company are less than all liabilities of the Company, except liabilities to Members or Interest Holders on account of their capital contributions.
Amount of Distributions. Without limiting the provisions of Article 5 of the Agreement, a holder of an LP Exchangeable Unit shall be entitled to receive, and the General Partner shall, subject to applicable law, on each Dividend Declaration Date, declare a distribution on each LP Exchangeable Unit:
(a) in the case of a cash dividend declared on the Common Stock, in an amount in cash for each LP Exchangeable Unit equal to the cash dividend declared on each share of Common Stock;
(b) in the case of a stock dividend declared on the Common Stock to be paid in shares of Common Stock, by the issue or transfer by the Partnership of such number of LP Exchangeable Units for each LP Exchangeable Unit as is equal to the number of shares of Common Stock to be paid on each share of Common Stock, unless in lieu of such Unit distribution the Partnership elects to effect a corresponding and contemporaneous and economically equivalent (as determined by the General Partner in accordance with Section 2.5) subdivision of the outstanding LP Exchangeable Units; or
(c) in the case of a dividend declared on Common Stock in property other than cash or shares of Common Stock, in such type and amount of property for each LP Exchangeable Unit as is the same as or economically equivalent to (to be determined by the General Partner as contemplated by Section 2.6) the type and amount of property declared as a dividend on each share of Common Stock. Such distributions shall be paid out of money, assets or property of the Partnership properly applicable to the payment of distributions, or with Units representing limited partnership interests in the Partnership, as applicable. The holders of the LP Exchangeable Units shall not be entitled to any distributions other than or in excess of the distributions referred to in this Section 2.1.
Amount of Distributions. Except as provided in Section 4.3(iii), distributions shall be made to the Members in accordance with the number of Units held by each. Notwithstanding the foregoing, as provided in Article 4, if at any time there exists outstanding Demand Loans from the Lending Members to the Defaulting Member, the amount which would otherwise be distributed to the Defaulting Member shall be distributed to the Lending Members in proportion to the balances of their Demand Loans in payment thereof until they have been paid in full. Such distributions, however, shall be charged against the Capital Accounts of the Defaulting Member and treated as made to the Defaulting Member for Company accounting purposes.
Amount of Distributions. A distribution satisfies the requirements of this Plan Section 7.14(e) if the distribution is equal to the amount of automatic elective contributions made under the EACA through the effective date of the election (adjusted for allocable gains and losses to the date of distribution).
Amount of Distributions. Under Sections 2(a), 2(b)(i) and 2(b)(iv). ------------------------------------------------------------------ For each installment payment made pursuant to Sections 2(a), 2(b)(i) and 2(b)(iv), the Employee shall receive (i) an amount (payable in Shares, or with respect to non-cash assets other than Company stock, in kind) equal to the percentage of the Original Shares (and the stock dividends, stock splits and other non-cash distributions deemed received on the Original Shares) as indicated for the installment under II below, and (ii) cash in the amount of _____. In the event that the amount of cash to be distributed in an installment exceeds the current balance in the Cash Account on the date of such distribution, then the amount of the cash distribution shall be limited to the balance in the Cash Account on such date. In the event that the balance in the Cash Account on the date of the last installment is greater than _____ then the entire balance in the Cash Account shall be distributed with such last installment. Fractional Shares shall be disregarded in computing the amount of distributions hereunder. All applicable taxes shall be withheld from distributions under the Agreement.
Amount of Distributions. Notwithstanding anything to the contrary herein, no holder of an Allowed Claim shall, on account of such Allowed Claim, receive a distribution in excess of the Allowed amount of such Claim to the extent payable in accordance with this Plan.
Amount of Distributions. No distribution shall be made if, after giving it effect, the Company would not be able to pay its debts as they become due in the usual course of business, or if the total assets of the Company would be less than the sum of its total liabilities.
Amount of Distributions. Upon meeting the requirements of Section 5.1.1, the Management Committee shall attempt to minimize the amount of cash and cash equivalents held by the Partnership yet maintain sufficient funds to operate the Partnership in accordance with the purposes of the Partnership as stated in Section 2.5. The Management Committee shall cause the Partnership to distribute on each Distribution Date, as defined in Section 5.1.3, all amounts that the Management Committee determines are not necessary to sustain operations of the Partnership through the following December 31 (the "Distributable Cash"). To determine the amount of Distributable Cash, the Management Committee shall, prior to each Distribution Date, determine the amount of funds necessary to sustain operations of the Partnership through the following December 31 (the "Retained Funds") based on compliance with an annual operating plan to be developed by the Management Committee and in consideration of other forecasts. The Retained Funds shall be that amount of capital necessary to run the business through the following December 31 considering: [ * ].
Amount of Distributions. Distributions of -KRS Fund Distributable Amounts shall be made to each Limited Partner in accordance with its Percentage Interest.
Amount of Distributions. The number of Series 2 Preferred Units to be issued in payment of such distribution in kind with respect to each outstanding Series 2 Preferred Unit shall be determined by dividing (1) the amount of such distribution per unit by (2) the $1,000.00 liquidation preference per Series 2 Preferred Unit.
