Common use of Deferment; Distribution in Kind Clause in Contracts

Deferment; Distribution in Kind. Notwithstanding the provisions of Section 13.2, but subject to the order of priorities set forth therein, if upon dissolution of the Company the liquidators determine that an immediate sale of part or all of the Company’s assets would be impractical or would cause undue loss (or would otherwise not be beneficial) to the Members, the liquidators may, in their sole discretion, defer for a reasonable time the liquidation of any assets except those necessary to satisfy Company liabilities (other than loans to the Company by Members) and reserves. Subject to the order of priorities set forth in Section 13.2, the liquidators may, in their sole discretion, distribute to the Members, in lieu of cash, either (a) all or any portion of such remaining Company assets in-kind in accordance with the provisions of Section 13.2(d), (b) as tenants in common and in accordance with the provisions of Section 13.2(d), undivided interests in all or any portion of such Company assets or (c) a combination of the foregoing. Any such Distributions in kind shall be subject to (a) such conditions relating to the disposition and management of such assets as the liquidators deem reasonable and equitable and (b) the terms and conditions of any agreements governing such assets (or the operation thereof or the holders thereof) at such time.

Deferment; Distribution in Kind. Notwithstanding the provisions of Section 13.212.2, but subject to the order of priorities set forth therein, if upon dissolution of the Company the liquidators determine that an immediate sale of part or all of the Company’s 's assets would be impractical or would cause undue loss (or would otherwise not be beneficial) to the MembersHolders, the liquidators may, in their sole discretion, defer for a reasonable time the liquidation of any assets except those necessary to satisfy Company liabilities (other than loans to the Company by MembersHolders) and reserves. Subject to the order of priorities set forth in Section 13.212.2, the liquidators may, in their sole discretion, distribute to the MembersHolders, in lieu of cash, either (ai) all or any portion of such remaining Company assets in-kind in accordance with the provisions of Section 13.2(d12.2(d), (bii) as tenants in common and in accordance with the provisions of Section 13.2(d12.2(d), undivided interests in all or any portion of such Company assets or (ciii) a combination of the foregoing. Any such Distributions distributions in kind shall be subject to (ax) such conditions relating to the disposition and management of such assets as the liquidators deem reasonable and equitable and (by) the terms and conditions of any agreements governing such assets (or the operation thereof or the holders thereof) at such time.and

Deferment; Distribution in Kind. Notwithstanding the provisions of Section 13.214.2, but subject to the order of priorities set forth therein, if upon dissolution of the Company the liquidators determine that an immediate sale of part or all of the Company’s assets would be impractical impossible or would cause undue loss (or would otherwise not be beneficial) to the MembersUnitholders, the liquidators may, in their sole discretion, defer for a reasonable time the liquidation of any assets except those necessary to satisfy Company liabilities (other than loans to the Company by MembersUnitholders) and reserves. Subject to the order of priorities set forth in Section 13.214.2, the liquidators may, in their sole discretion, distribute to the MembersUnitholders, in lieu of cash, either (aA) all or any portion of such remaining Company assets in-kind in accordance with the provisions of Section 13.2(d14.2(D), (bB) as tenants in common and in accordance with the provisions of Section 13.2(d14.2(D), undivided interests in all or any portion of such Company assets or (cC) a combination of the foregoing. Any such Distributions in kind shall be subject to (ai) such conditions relating to the disposition and management of such assets as the liquidators deem reasonable and equitable and (b) the terms and conditions of any agreements governing such assets (or the operation thereof or the holders thereof) at such time.and

Deferment; Distribution in Kind. Notwithstanding the provisions of Section 13.212.2, but subject to the order of priorities set forth therein, if upon dissolution of the Company the liquidators determine that an immediate sale of part or all of the Company’s 's assets would be impractical or would cause undue loss (or would otherwise not be beneficial) to the MembersUnitholders, the liquidators may, in their sole discretion, defer for a reasonable time the liquidation of any assets except those necessary to satisfy Company liabilities (other than loans to the Company by MembersUnitholders) and reserves. Subject to the order of priorities set forth in Section 13.212.2, the liquidators may, in their sole discretion, distribute to the MembersUnitholders, in lieu of cash, either (ai) all or any portion of such remaining Company assets in-kind in accordance with the provisions of Section 13.2(d12.2(d), (bii) as tenants in common and in accordance with the provisions of Section 13.2(d12.2(d), undivided interests in all or any portion of such Company assets or (ciii) a combination of the foregoing. Any such Distributions in kind shall be subject to (ax) such conditions relating to the disposition and management of such assets as the liquidators deem reasonable and equitable and (b) the terms and conditions of any agreements governing such assets (or the operation thereof or the holders thereof) at such time.y)