Common use of Discretionary Distributions Clause in Contracts

Discretionary Distributions. From time to time the Board shall determine in its reasonable judgment, after consultation with the Company’s accountant, to what extent (if any) the Company’s cash on hand exceeds its current and anticipated needs, including without limitation, for operating expenses, debt service and a reasonable contingency reserve. If such an excess exists, in addition to any distributions pursuant to Section 6.3(a), the Board may declare discretionary cash distributions payable to the Members pro rata based on their Relative Membership Interests in an amount up to such excess, so long as: (i) there is no outstanding principal balance on the Note; and (ii) all liabilities of the Company to the Members have been satisfied, including without limitation, payments related to accrued billing fees, medical malpractice premiums, and fees to be paid for other services provided by, or arranged for by, one of the Members.

Appears in 2 contracts

Samples: Operating Agreement (Erie Shores Emergency Physicians, Inc.), Operating Agreement (Erie Shores Emergency Physicians, Inc.)

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Discretionary Distributions. From time to time the Board shall determine in its reasonable judgment, after consultation with the Company’s accountant, to what extent (if any) the Company’s cash on hand exceeds its current and anticipated needs, including without limitation, for operating expenses, debt service and a reasonable contingency reserve. reserve If such an excess exists, in addition to any distributions pursuant to Section 6.3(a), the Board may declare discretionary cash distributions payable to the Members pro rata based on their Relative Membership Interests in an amount up to such excess, so long as: (i) there is no outstanding principal balance on the Note; and (ii) all liabilities of the Company to the Members have been satisfied, including without limitation, payments related to accrued billing fees, medical malpractice premiums, and fees to be paid for other services provided by, or arranged for by, one of the Members.

Appears in 1 contract

Samples: Operating Agreement (Erie Shores Emergency Physicians, Inc.)

Discretionary Distributions. From time to time the Board shall determine in its reasonable judgment, after consultation with the Company’s 's accountant, to what extent (if any) the Company’s 's cash on hand exceeds its current and anticipated needs, including without limitation, for operating expenses, debt service and a reasonable contingency reserve. If such an excess exists, in addition to any distributions pursuant to Section 6.3(a), the Board may declare discretionary cash distributions payable to the Members pro rata based on their Relative Membership Interests in an amount up to such excess, so long as: (i) there is no outstanding principal balance on the Note; and (ii) all liabilities of the Company to the Members have been satisfied, including without limitation, payments related to accrued billing fees, medical malpractice premiums, and fees to be paid for other services provided by, or arranged for by, one of the Members.

Appears in 1 contract

Samples: Operating Agreement (Reich Seidelman & Janicki Co)

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Discretionary Distributions. From time to time the Board shall determine in its reasonable judgment, after consultation with the Company’s accountant, to what extent (if any) the Company’s cash on hand exceeds its current and anticipated needs, including without limitation, for operating expenses, debt service and a reasonable contingency reserve. , If such an excess exists, in addition to any distributions pursuant to Section 6.3(a), the Board may declare discretionary cash distributions payable to the Members pro rata based on their Relative Membership Interests in an amount up to such excess, so long as: (i) there is no outstanding principal balance on the Note; and (ii) all liabilities of the Company to the Members have been satisfied, including without limitation, payments related to accrued billing fees, medical malpractice premiums, and fees to be paid for other services provided by, or arranged for by, one of the Members.

Appears in 1 contract

Samples: Operating Agreement (Erie Shores Emergency Physicians, Inc.)

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