Common use of DECISIONS CONCERNING ALLOCATIONS, ETC Clause in Contracts

DECISIONS CONCERNING ALLOCATIONS, ETC. It shall be within the sole and exclusive discretion of the Manager to decide: (a) Whether to make allocations of Company profits and losses to the Member; (b) Whether to make allocations of distributions of profits and other assets to the Member; (c) Whether to make distributions of profits and other assets to the Member; and (d) When and in what amounts to make any such allocation or distribution; PROVIDED, that the Company shall make no such distribution to the extent that, immediately after the distribution, the Company’s liabilities would exceed its assets.

DECISIONS CONCERNING ALLOCATIONS, ETC. It shall be within the sole and exclusive discretion of the Manager Member to decide: (a) Whether to make allocations of Company profits and losses to the Member; (b) Whether to make allocations of distributions of profits and other assets to the Member; (c) Whether to make distributions of profits and other assets to the Member; and (d) When and in what amounts to make any such allocation or distribution; PROVIDED, that the Company shall make no such distribution to the extent that, immediately after the distribution, the Company’s liabilities would exceed its assets.