Distribution of Assets by the Company. Subject to applicable law and any limitations contained elsewhere in this Agreement, Members holding a majority of the Membership Interests may elect from time to time to cause the Company to make distributions. Distributions shall be made to the Members in proportion to their Membership Interests.
Distribution of Assets by the Company. Subject to applicable law and any limitations contained elsewhere in this Agreement, the Manager may elect from time to time to cause the Company to distribute Distributable Cash to the Members, which Distributions shall be in the following order of priority:
(a) first, to the Members in proportion to their Adjusted Capital Contributions until each Member’s Adjusted Capital Contribution has been reduced to zero; and
(b) finally, to the Members in proportion to their Percentage Interests.
Distribution of Assets by the Company. Subject to applicable law and any limitations contained elsewhere in this Agreement, the Manager may elect from time to time to distribute Distributable Cash to the Members, which distributions shall be in the following order of priority:
(a) To the Economic Interest Owners of the Class A Preferred Units until an amount equal to 120% of the Class A Preferred Face Value per each Class A Preferred Unit has been distributed to the Economic Interest Owners of the Class A Preferred Units in proportion to their Class A Percentage Interests; and
(b) To the Members in proportion to their Percentage Interests. All such distributions shall be made only to the persons who, according to the books and records of the Company, are the holders of record of the Economic Interests in respect of which such distributions are made on the actual date of distribution. Neither the Company nor the Manager shall incur any liability for making distributions in accordance with this Section 6.5.
Distribution of Assets by the Company. Subject to applicable law ------------------------------------- and any limitations contained elsewhere in this Agreement, no distribution shall be made if, after giving effect to the distribution, (a) the Company would not be able to pay its debts as they become due in the usual course of business, or (b) the Company's total assets would be less than the sum of its total liabilities.
Distribution of Assets by the Company. Subject to applicable law and any limitations contained elsewhere in this Agreement, the Board (and only the Board) may elect from time to time to cause the Company to distribute Distributable Cash to the Members, which Distributions shall be in the following order of priority:
(a) first, to the Members with Unpaid Preferred Returns, in proportion to their Unpaid Preferred Return until each Member’s Unpaid Preferred Return has been reduced to zero;
(b) second, to those Members with positive Adjusted Capital Contributions, in proportion to their positive Adjusted Capital Contributions, until each Member’s Adjusted Capital Contribution has been reduced to zero; and
(c) third, to the Members in proportion to their Percentage Interests.
Distribution of Assets by the Company. Subject to applicable law and any limitations contained elsewhere in this Agreement, the Managers may elect from time to time to distribute Distributable Cash to the Members, which distributions shall be in the following order of priority:
(a) To the Members in proportion to their unreturned Capital Contributions until each Member has recovered his or her Capital Contributions; and
(b) To the Members in proportion to their Percentage Interests. All such distributions shall be made only to the Persons who, according to the books and records of the Company, are the holders of record of the Economic Interests in respect of which such distributions are made on the actual date of distribution. Neither the Company nor any Manager shall incur any liability for making distributions in accordance with this Section 6.5.
Distribution of Assets by the Company. In case the Company shall, at any time during the Exchange Period, declare or make any cash or other distribution to all holders of Common Stock (each, a "Company Distribution"), then, upon the exchange of each Share, the Buyer shall be required to also transfer back to the Company the amount of such cash or other assets as Buyer receives in the Company Distribution with respect to such Share.
Distribution of Assets by the Company. Subject to applicable law and any limitations contained elsewhere in this Agreement, in such amount and at such times as the Members shall determine by Super Majority Interest, the Members shall distribute from time to time Distributable Cash to the Members, which distributions will be in the following order of priority:
(a) To the Members in proportion to their unreturned Capital Contributions until each Member has recovered its Capital Contributions; and
(b) To the Members in proportion to their Percentage Interests. All such distributions will be made only to the Persons who, according to the books and records of the Company, are the holders of record of the Economic Interests in respect of which such distributions are made on the actual date of distribution. Subject to Section 6.7, neither the Company nor any Member will incur any liability for making distributions in accordance with this Section 6.5.
Distribution of Assets by the Company. (a) Distributions, whether in cash or in kind, shall be made to the Members at such times and in such amounts as shall be determined by the Board. The amount of any in-kind distribution shall be the distributed on the basis of the property's then fair market value.
(b) Except as provided in Section 6.3(c), distributions shall be made among the Members in accordance with their respective ownership of Units consistent with the allocation of profits and losses pursuant to Section 6.1.
(c) Upon liquidation of the Company, within the meaning of Income Tax Regulations section 1.704-1(b)(2)(ii)(g), distributions shall be made among the Members as provided in Section 9.2(b).
Distribution of Assets by the Company. (a) Subject to any restrictions under applicable law, as promptly as practical after the end of each mid-year closing and fiscal year of the Company, but in any event within sixty (60) days after the end of each such period, the Company shall estimate the Company's Net Profits for such period and shall distribute to the Members 100% of the Company's estimated Net Profits for such period less the Net Profits for such period previously distributed by the Company. Other distributions, whether in cash or in kind, shall be made to the Members at such times and in such amounts as shall be determined by the Members Committee. The amount of any in-kind distribution shall be distributed on the basis of the property's then Fair Market Value (determined in accordance with Section 8.9 hereof).
(b) Distributions shall be made among the Members in accordance with their respective Percentage Interests at the time of such distribution.
(c) Upon liquidation of the Company, within the meaning of Income Tax Regulations section 1.704-l(b)(2)(ii)(g), distributions shall be made among the Members as provided in Section 12.3.
(d) All matters not expressly provided for by the terms of Article 9 or elsewhere in this Agreement concerning the valuation of any assets of the Company, the allocation of profits and losses and items thereof (including credits) among the Members, the distribution of Net Profits or other assets of the Company, and accounting procedures shall be agreed by the Members or referred to arbitration under Article 6.
