Certain Distributions Prohibited. Anything in this Agreement to the contrary notwithstanding, no distribution shall be made to any Member if, and to the extent that, such distribution would not be permitted under the Delaware Act.
Certain Distributions Prohibited. Anything in this Article VIII to the contrary notwithstanding, all Company distributions shall be subject to the following limitations:
(i) No distribution shall be made to any Member if, and to the extent that, such distribution would not be permitted under the LLC Act.
(ii) No distribution other than a Tax Distribution shall be made to any Member to the extent that such distribution, if made, would cause the deficit balance, if any, in the Capital Account of such Member (determined without regard to any allocations made pursuant to Section 7.4(c)) to exceed such Member's Restoration Amount.
Certain Distributions Prohibited. Anything in this Article 7 to the contrary notwithstanding:
(a) No distribution shall be made to any Partner if, and to the extent that, such distribution would not be permitted under Sections 17-607(a) or 17-804(a) of the Delaware Act; and
(b) No distribution other than a Tax Distribution shall be made to any Partner to the extent that such distribution, if made, would cause the deficit balance, if any, in the Capital Account of such Partner to exceed such Partner’s Restoration Amount or would further reduce an existing balance (as so determined) that is already negative in an amount exceeding such Partner’s Restoration Amount.
Certain Distributions Prohibited. Notwithstanding ---------------------------------- anything in this Agreement to the contrary, all Partnership distributions shall be subject to the following limitations:
(a) No distribution shall be made to any Partner if, and to the extent that, such distribution would not be permitted under Section 17-607 of the Delaware Act or other applicable law.
(b) No distribution shall be made to any Partner to the extent that such distribution, if made, would create or increase a deficit balance in the Capital Account of such Partner.
(c) Other than Liquidating Distributions or as otherwise provided in an Action, no distribution of Partnership property shall be made in kind. Notwithstanding anything in the Delaware Act or this Agreement to the contrary, in the event of a Liquidating Distribution, a Partner may be compelled in accordance with Section 12.01 to accept a distribution of Subordinated Debentures, cash or any other asset in kind from the Partnership even if the percentage of the asset distributed to it
exceeds a percentage of that asset which is equal to the percentage in which such Partner shares in distributions from the Partnership.
Certain Distributions Prohibited. Notwithstanding anything in this Agreement to the contrary, all Partnership distributions shall be subject to the following limitations:
(a) No distribution shall be made to any Partner if, and to the extent that, such distribution would not be permitted under Section 17-607 of the Delaware Act or other applicable law.
(b) No distribution shall be made to any Partner to the extent that such distribution, if made, would create or increase a deficit balance in the Capital Account of such Partner.
(c) Notwithstanding anything in the Delaware Act or this Agreement to the contrary, in the event of a Liquidating Distribution, a Partner may be compelled in accordance with Section 12.01 to accept a distribution of Subordinated Debentures, cash or any other asset in kind from the Partnership even if the percentage of the asset distributed to it exceeds a percentage of that asset which is equal to the percentage in which such Partner shares in distributions from the Partnership.
Certain Distributions Prohibited. Anything in this Article XI to the contrary notwithstanding, all Partnership distributions shall be subject to the following limitations.
(a) No distribution shall be made to any Partner if, and to the extent that, such distribution would not be permitted under Section 17-607(a) of the Delaware Act.
(b) No distribution other than a Tax Distribution shall be made to any Partner to the extent that such distribution, if made, would cause such Partner to have an Adjusted Capital Account Deficit (or increase an existing Adjusted Capital Account Deficit of such Partner).
(c) The Partnership shall not distribute to any Partners prior to the dissolution and liquidation of the Partnership securities which are not Freely Tradeable Securities without the consent ofthe distributee Partner.
Certain Distributions Prohibited. Anything in this Article IX to -------------------------------- the contrary notwithstanding, all Partnership distributions shall be subject to the following limitations:
(a) No distribution shall be made to any Partner if, and to the extent that, such distribution would not be permitted under Section 17-607(a) of the Delaware Act.
(b) No distribution other than a Tax Distribution shall be made to any Partner to the extent that such distribution, if made, would cause the deficit balance, if any, in the Capital Account of such Partner (determined without regard to any allocations made pursuant to Section 8.4(c)) to exceed such Partner's Restoration Amount.
Certain Distributions Prohibited. RETURN BY GENERAL PARTNER OF CERTAIN DISTRIBUTIONS. .......................................................................... 7.4.1 General. ..
Certain Distributions Prohibited. Notwithstanding anything in this Article 7:
7.3.1.1 No distribution shall be made to any Partner if such distribution would violate any contract or agreement to which the Partnership is then a party or any law, rule, regulation, order or directive of any governmental authority then applicable to the Partnership; and any distribution withheld pursuant to the terms of this 7.3.1.1 will be made to the Partners when such distribution will no longer violate any contract or agreement to which the Partnership is then a party or any law, rule, regulation, order or directive of any governmental authority then applicable to the Partnership.
7.3.1.2 No distribution shall be made to the extent that the General Partner, in its sole discretion, determines that any amount otherwise distributable should be retained by the Partnership to pay, or to establish a reserve for the payment of, any actual or estimated liability or obligation of the Partnership, whether liquidated, fixed, contingent or otherwise;
7.3.1.3 No distribution shall be made to the extent that the General Partner, in its sole discretion, determines that the cash available to the Partnership is insufficient to permit such Distributions;
7.3.1.4 No distribution shall be made to any Partner if, and to the extent that, such distribution would not be permitted under the Partnership Ordinance; and
7.3.1.5 No distribution shall be made to any Partner to the extent that such distribution, if made, would cause the deficit balance, if any, in the Capital Account of such Partner to exceed such Partner’s Restoration Amount.
Certain Distributions Prohibited. Anything in this Article VIII to the contrary notwithstanding, no distribution will be made to any Member if, and to the extent that, such distribution would not be permitted under the Act or other applicable law.
