Common use of Assets Other Than Cash Clause in Contracts

Assets Other Than Cash. Assets of the Company may be distributed in kind on the basis of the then fair market value of such assets as determined by agreement of the Members, and if no such agreement of value is reached within 30 days, then such value shall be determined by an independent appraiser appointed by the Members (the cost and expense of said appraisal to be borne by the Company). If agreed to by all the Members, distributions in-kind will be made to the Members as tenants-in-common. For purposes of making such distribution only, the unrealized profit or loss on any such asset (based on its fair market value) shall be first allocated among the Members and the distribution of the asset shall be treated as a distribution of cash equal to the fair market value of such asset.

Assets Other Than Cash. Assets of the Company may be distributed in kind on the basis of the then fair market value of such assets as determined by agreement of the Members, and if no such agreement of value is reached within 30 days, then such value shall be determined by an independent appraiser appointed by the Members (the cost and expense of said appraisal to be borne by the Company). If agreed to by all the Members, distributions in-in- kind will be made to the Members as tenants-in-common. For purposes of making such distribution only, the unrealized profit or loss on any such asset (based on its fair market value) shall be first allocated among the Members and the distribution of the asset shall be treated as a distribution of cash equal to the fair market value of such asset.