Distribution of Assets in Kind. No Member shall have the right to ---------------------------------- require any distribution of any assets of the Company to be made in cash or in kind. If the Managers determine to distribute assets of the Company in kind, such assets shall be distributed on the basis of their fair market value as determined by the Managers. Any Member entitled to any interest in such assets shall, unless otherwise determined by the Managers, receive separate assets of the Company, and not an interest as tenant-in-common with other Members so entitled in each asset being distributed. Distributions in kind need not be made on a pro-rata basis but may be made on any basis which the Managers determine to be reasonable under the circumstances.
Distribution of Assets in Kind. (a) No Member shall have the right to require any distribution of any assets of the Company in kind. If any assets of the Company are distributed in kind, such assets shall be distributed on the basis of their fair market value as determined by the Board of Directors. Any Member entitled to any interest in such assets shall, unless otherwise determined by the Board of Directors, receive separate assets of the Company and not an interest as a tenant-in-common with other Members so entitled in any asset being distributed.
Distribution of Assets in Kind. No Member shall have the right to require any distribution of any assets of the Company in kind.
Distribution of Assets in Kind. Any distribution of assets by the Company other than cash will be subject to the receipt of any regulatory or other approvals and waivers deemed necessary by the Board of Managers. Any distribution of assets will be made in accordance with the provisions of Article 6.
Distribution of Assets in Kind. No Partner shall have the right to require any distribution of any assets of the Partnership in kind. If any assets of the Partnership are distributed in kind, such assets shall be distributed on the basis of their fair market value as reasonably determined by the General Partner. Any Partner entitled to any interest in such assets shall, unless otherwise determined by the General Partner, receive separate assets of the Partnership and not an interest as a tenant-in-common with other Partners so entitled in any asset being distributed.
Distribution of Assets in Kind. No Member shall have the right to require any distribution of any assets of the LLC to be made in cash or in kind. If any assets of the LLC are distributed in kind, such assets shall be distributed pursuant to Section 8.01(a) on the basis of their fair market value as determined by the Board. Any Member enti- tled to any interest in such assets shall, unless otherwise determined by the Board, receive separate assets of the LLC, and not an interest as tenant-in-common with other Members so entitled in each asset being distributed.
Distribution of Assets in Kind. Any distribution of assets other than cash of any Subject Company will be subject to the receipt of any regulatory approvals and waivers deemed necessary by the Board of such Subject Company and will be made, to the extent practicable, so that each Stockholder receives its proportionate share (after payment of any preferences to be paid under the Subject Company’s articles of incorporation) of each asset of such Subject Company. The Liberty Stockholder of any Subject Company that distributes assets in kind will use its reasonable commercial efforts to cause any assets other than cash that are distributed to the Stockholders to be freely transferable by the Stockholders. The Stockholders acknowledge that any Class C common stock of UGC which is distributed to the holder of Preferred Stock must, prior to such distribution, be converted to Class A common stock of UGC. Any distribution of Subject Company assets will be made in accordance with the articles of incorporation of the Subject Company.
Distribution of Assets in Kind. Assets of the company may be distributed in kind in the process of winding up with the unanimous approval of the members. The fair market value of any assets distributed in kind must be determined, and that value will be charged against the amount distributable to the member receiving the assets.
Distribution of Assets in Kind. Any assets included in the Partnership Property may be distributed to any of the Partners in kind, as the Management Committee may determine pursuant to Section 10.04(b)(v). Any such asset so distributed shall be valued by the Management Committee to determine the gain or loss which would have resulted if such asset were sold for cash, and the Capital Account of the Partner to whom such asset is so distributed shall be adjusted to reflect how the gain or loss would have been allocated in accordance with the provisions of this Agreement as such Partner would have been entitled to cash distributions had such asset been sold at such assigned value.
Distribution of Assets in Kind. Prior to dissolution of the Company, if any assets of the Company are distributed in kind, such assets shall be distributed on the basis of their fair market value on the date of distribution as determined by the Managers. Any Member entitled to any interest in such assets shall, unless otherwise determined by the Managers, receive separate assets of the Company and not an interest as a tenant-in-common or other undivided interest with other Members so entitled in any asset being distributed, notwithstanding anything to the contrary in Section 18-605 of the Act. Each Member acknowledges that any securities of FMC it receives may be subject to the Lockup Period.
