Company Distributions. In the event the Company has assets not associated with a Series that the Manager determines are not necessary to satisfy current or anticipated liabilities of the Company, the Manager may, in its sole discretion, distribute any or all such assets to the Member.
Company Distributions. The Company will not declare or pay any dividends or make any distributions on its Capital Stock (other than dividends payable in its own common stock) or redeem, repurchase or otherwise acquire or retire any of its Capital Stock at any time outstanding, except that the Company may declare and pay dividends on its Capital Stock provided that no Default or Event of Default shall exist before or after giving effect to such dividends or be created as a result thereof.
Company Distributions. Unless the Board otherwise determines, the Company shall distribute to the Members on a quarterly basis (but a monthly basis during such period when there is Retained Debt outstanding) an amount equal to the lesser of (a) the Operating Cash Flow for such quarter or month, as the case may be, and (b) eighty percent of Company FFO for such quarter or month, as the case may be, and the Company shall distribute any Net Disposition Proceeds as soon as practicable after the occurrence (but in no event later than 45 days thereafter) of the event giving rise thereto. Subject to the provisions of the third, fourth and fifth to last sentences of this Article V, any such distributions shall be paid to the Members pro rata in accordance with their Proportionate Shares. If the annual audited report of the Company shall show that there was any over-distribution or under-distribution of Operating Cash Flow to either of the Members with respect to such year, then such Member shall, within 30 days after receipt of such audited report and a written demand for the repayment of any over-distribution referenced therein, repay the over-distribution or the Company shall, within 30 days after receipt of such audited report, pay the under-distribution to the Members, as the case may be. To the extent that any taxes or withholding taxes are due on behalf of or with respect to any Member and the Company is required by law to withhold or to make such tax payments ("Tax Payments"), the Company shall withhold such amounts and make such Tax Payments as so required. Each Tax Payment made on behalf of or with respect to a Member (but not any Tax Payment made by or required to be withheld by a Subsidiary with respect to income allocable to or distributions to be made to the Company) shall be deemed a distribution of Operating Cash Flow in such amount to such Member to the extent such Tax Payment was not attributable to an event giving rise to Net Disposition Proceeds (and shall reduce distributions of Operating Cash Flow and Net Disposition Proceeds that are made concurrently or thereafter to such Member), and to the extent such Tax Payment is attributable to an event giving rise to Net Disposition Proceeds, it shall be deemed a distribution of Net Disposition Proceeds to such Member (and shall reduce distributions of Net Disposition Proceeds and Operating Cash Flow that are made concurrently or thereafter to such Member), and any such deemed distribution shall be deemed to have been paid ...
Company Distributions. Each of UTCG and Xxxxx acknowledges and agrees that, from and after the Closing Date, UTCG shall not be entitled to any further distributions or other amounts from the Company or otherwise in respect of its ownership interest therein. Each of IDT and the Company acknowledges and agrees that, from and after the Closing Date, the Company shall not be entitled to any further distributions or other amounts from UTA DR or EGB or otherwise in respect of its ownership interests therein (other than in respect of the EGB Retained Interest).
Company Distributions. With respect to Restricted Units, Executive shall not be entitled to, and shall not, receive any Company Distributions. With respect to Earned Units and Vested Units, Executive shall be entitled to receive a share of (i) Company Distributions, as provided in Section 4.1(b) of the LLC Agreement, and (ii) any “liquidating distributions,” as provided in Section 10.3(c) of the LLC Agreement. Company Distributions and any “liquidating distributions,” to the extent payable to Executive with respect to an Earned Unit or Vested Unit, shall be paid to Executive at the same time that such Company Distributions or “liquidating distributions” are paid to holders of Class A Units.
Company Distributions. Except as disclosed in the Registration Statement, the General Disclosure Package and the Prospectus, the Company is not a party to or otherwise bound by any instrument or agreements that limits or prohibits (whether with or without the giving of notice or the passage of time or both), directly or indirectly, the Company from paying any dividends or making other distributions on its capital stock.
Company Distributions. Except as disclosed in the Registration Statement and the Prospectus, the Company is not a party to or otherwise bound by any instrument or agreement that limits or prohibits (whether with or without the giving of notice or the passage of time or both), directly or indirectly, the Company from paying any dividends or making other distributions on its capital stock.
Company Distributions. (a) On the First Closing Date, (i) the Company will (and Duke and COP will cause the Company to) determine an amount (the “COP Excess Canadian Cash”) equal to 30.3% of the amount, if any, by which Canadian Cash on the First Closing Date exceeds C$53,131,000, and (ii) if Canadian Cash is less than C$53,131,000 on such date, then Company shall transfer, or cause to be transferred by a Subsidiary of Company that is not Canadian Holding Company or any Canadian Assets Subsidiary, to Canadian Holding Company or any Canadian Assets Subsidiary, an aggregate amount of Canadian Dollars equal to the amount of any such deficit; provided, however, that any Profits or Losses (as defined in the Second Amended and Restated LLC Agreement) arising solely from such transfer (or a receipt or payment made to fund such transfer) shall be allocated 69.7% to DEFS Holding and 30.3% to CPGC.
Company Distributions. 5.1 The Company shall retain its operating profits to meet ongoing capital needs and to fund anticipated growth until such time or times as the Board of Directors or shareholders determine to make dividends or other distributions to ADFlex and Hana on account of their share ownership in the Company.
Company Distributions. 8.7.1 The Company shall first use available assets to pay outstanding debts and obligations, if any, of the Company. Then, subject to Section 8.9, the Company may make distributions at such times and intervals as the Manager shall determine, in its sole discretion, to the Members in accordance with Section 8.7.2.
