Available Cash Distributions Sample Clauses

Available Cash Distributions. Subject to any applicable covenants and restrictions as may be imposed by the Corporation’s secured lenders, the amount, if any, of Available Cash shall be determined in good faith by the Directors from time to time and shall be distributed to the Shareholders as follows:
Sample 1
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Available Cash Distributions. All Available Cash, other than revenues or proceeds from the dissolution of the Company, shall be distributed among the Members in proportion to their respective Percentage Interests. The parties intend that Available Cash shall be distributed as soon as practicable following a determination that such cash is available for distribution. The parties acknowledge that no assurances can be given with respect to when or whether said cash will be available for distributions to the Members.
Sample 1
Available Cash Distributions. Subject to Section 8.2 hereof and except for the distribution of stock in a REIT Owner or other distributions contemplated by a sale structure Approved pursuant to Section 19.1 (in which event the distributions contemplated by such Approved structure shall control over the distribution provisions set forth in this Section 6.1), the General Partner shall make distributions to the Partners of (i) Available Cash no later than (a) First, to the Partners in an amount necessary to pay any and all accrued and unpaid interest on any Capital Loans and any loans made by a Non-Delinquent Partner to the Partnership pursuant to Section 5.2.2(a) or Section 5.2.7 (if there is more than one loan outstanding, accrued and unpaid interest on all outstanding loans shall be payable pro ratably); (b) Second, to the Partners in an amount necessary to pay any and all unpaid principal on any Capital Loans and any loans made by a Non-Delinquent Partner to the Partnership pursuant to Section 5.2.2(a) or Section 5.2.7 (if there is more than one loan outstanding, unpaid principal on all outstanding loans shall be payable pro ratably); (c) Third, pari passu to the Partners pro rata until the total amount of the current and all previous distributions made under this subsection (c) equals the total Preferred Return to which each such Partner is entitled to receive through the date immediately preceding the date of the current distribution; (d) Fourth, pari passu to the Partners pro rata based on their respective Unreturned Capital Contributions as of such date (prior to giving effect to the current distribution) as a return of their respective Capital Contributions, which shall reduce each Partner’s Unreturned Capital Contribution until the aggregate distributions under this subsection (d) to each Partner is equal to the aggregate amount of all Capital Contributions made by such Partner; (e) Fifth, pari passu to the Partners pro rata based on the amounts payable to such Partners on the date of the current distribution pursuant to Section 4.7 until the total amount of the current and all previous distributions made under this subsection (e) equals the amounts due to such Partners through such date pursuant to Section 4.7; and (f) Thereafter, pari passu to the General Partner 60.8% of Available Cash and to the Limited Partner 39.2% of Available Cash. For the sake of clarity, an example of the distributions of hypothetical amounts of Available Cash, and a calculation of the Preferred Return...
Sample 1
Available Cash Distributions. The Manager shall cause Available Cash to be distributed to the Members on a monthly basis in the following order of priority: (a) First, to each Member to the extent such Member has Undistributed Capital, in proportion to each such Member’s Undistributed Capital, in an amount up to the Undistributed Capital of each such Member; (b) Second, 100% to the Members in proportion to their Percentage Interests until BH has received an amount equal to its 12% IRR Preference Amount as of the date of such distribution; (c) Third, 90% to the Members in proportion to their Percentage Interests and 10% to the Members in proportion to their Back-End Percentage Interests until BH has received an amount equal to its 15% IRR Preference Amount as of the date of such distribution; (d) Fourth, 70% to the Members in proportion to their Percentage Interests and 30% to the Members in proportion to their Back-End Percentage Interests until BH has received an amount equal to its 20% IRR Preference Amount as of the date of such distribution; and (e) Fifth, 50% to the Members in proportion to their Percentage Interests and 50% to the Members in proportion to their Back-End Percentage Interests.
Sample 1
Available Cash Distributions 
Sample 1

Related to Available Cash Distributions

  • Cash Distributions Whenever the Company intends to make a distribution of a cash dividend or other cash distribution, the Company shall give notice thereof to the Depositary at least twenty (20) days (or such other number of days as the Depositary and the Company may from time to time agree to) prior to the proposed distribution specifying, inter alia, the record date applicable for determining the holders of Deposited Securities entitled to receive such distribution. Upon the timely receipt of such notice, the Depositary shall establish an ADS Record Date upon the terms described in Section 4.9. Upon receipt of confirmation from the Custodian of the receipt of any cash dividend or other cash distribution on any Deposited Securities, or upon receipt of proceeds from the sale of any Deposited Securities or any other entitlements held in respect of Deposited Securities under the terms hereof, the Depositary will (i) if at the time of receipt thereof any amounts received in a Foreign Currency can, in the judgment of the Depositary (pursuant to Section 4.8), be converted on a practicable basis into Dollars transferable to the United States, promptly convert or cause to be converted such cash dividend, distribution or proceeds into Dollars (on the terms described in Section 4.8), (ii) if applicable and unless previously established, establish the ADS Record Date upon the terms described in Section 4.9, and (iii) distribute promptly the amount thus received (net of (a) the applicable fees and charges of, and expenses incurred by, the Depositary and (b) taxes withheld) to the Holders entitled thereto as of the ADS Record Date in proportion to the number of ADSs held as of the ADS Record Date. The Depositary shall distribute only such amount, however, as can be distributed without attributing to any Holder a fraction of one cent, and any balance not so distributed shall be held by the Depositary (without liability for interest thereon) and shall be added to and become part of the next sum received by the Depositary for distribution to Holders of ADSs outstanding at the time of the next distribution. If the Company, the Custodian or the Depositary is required to withhold and does withhold from any cash dividend or other cash distribution in respect of any Deposited Securities an amount on account of taxes, duties or other governmental charges, the amount distributed to Holders on the ADSs representing such Deposited Securities shall be reduced accordingly. Such withheld amounts shall be forwarded by the Company, the Custodian or the Depositary to the relevant governmental authority. Evidence of payment thereof by the Company shall be forwarded by the Company to the Depositary upon request.

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