Common use of Application of Cash Clause in Contracts

Application of Cash. Subject to Section 7.03, Article XI and any Interest Designation, any Free Cash Flows of each Series after (a) payment of accrued Asset Management Fees, (b) repayment of any amounts outstanding under Operating Expenses Reimbursement Obligations including any accrued interest as there may be and (c) the creation of such reserves as the Managing Member deems necessary, in its sole discretion, to meet future Operating Expenses, shall be applied and distributed by way of distribution to the Members of such Series (pro rata to their Interests and which, for the avoidance of doubt, may include the Managing Member or its Affiliates).

Application of Cash. Subject to Section 7.037.3, Article ARTICLE XI and any Interest Designation, any Free Cash Flows of each Series after (a) payment of accrued Asset Management Fees, (bi) repayment of any amounts outstanding under Operating Expenses Reimbursement Obligations including any accrued interest as there may be and (cii) the creation of such reserves as the Managing Member deems necessary, in its sole discretion, to meet future Operating Expenses, shall be applied and distributed distributed: (i) 50% by way of distribution to the Members of such Series, net of corporate income taxes owed by such Series (pro rata to their Interests and which, for the avoidance of doubt, may include the Managing Member or its Affiliates), and (ii) 50% to the Asset Manager in payment of the Management Fee, except to the extent waived by the Asset Manager, in its sole discretion.

Application of Cash. (a) Application of Free Cash Flows. Subject to Section 7.037.3, Article ARTICLE XI and any Interest Designation, any Free Cash Flows of each Series Series, after (a) payment of accrued Asset Management Fees, (bi) repayment of any amounts outstanding under Operating Expenses Reimbursement Obligations including any accrued interest as there may be and (cii) the creation of such reserves as the Managing Member deems necessary, in its sole discretion, to meet future Operating Expenses, shall be applied and distributed distributed, at least 50% by way of distribution to the Members of such Series (pro rata to their Interests and which, for the avoidance of doubt, may include the Managing Member or its Affiliates), and at most 50% to the Asset Manager in payment of the Management Fee, except to the extent waived by the Asset Manager, in its sole discretion.

Application of Cash. Subject to Section 7.037.3, Article ARTICLE XI and any Interest Designation, any Free Cash Flows of each Series after (a) payment of accrued Asset Management Fees, (bi) repayment of any amounts outstanding under Operating Expenses Reimbursement Obligations including any accrued interest as there may be and (cii) the creation of such reserves as the Managing Member deems necessary, in its sole discretion, to meet future Operating Expenses, shall be applied and distributed distributed, (iii) 50% by way of distribution to the Members of such Series, net of corporate income taxes owed by such Series (pro rata to their Interests and which, for the avoidance of doubt, may include the Managing Member or its Affiliates), and (iv) 50% to the Asset Manager in payment of the Management Fee, except to the extent waived by the Asset Manager, in its sole discretion.

Application of Cash. Subject to Section 7.037.3, Article ARTICLE XI and any Interest Designation, any Free Cash Flows of each Series after (a) payment of accrued Asset Management Fees, (bi) repayment of any amounts outstanding under Operating Expenses Reimbursement Obligations including any accrued interest as there may be and (cii) the creation of such reserves as the Managing Member deems necessary, in its sole discretion, to meet future Operating ExpensesExpenses including the further development of and reinvestment in the Series Assets, shall be applied and distributed by way of distribution distributed, one hundred percent (100%) to the Members of such Series (pro rata to their Interests and which, for the avoidance of doubt, may include the Managing Member and its Affiliates if the Managing Member or its Affiliatesany Affiliates acquired Interests).