Common use of Distribution of Assets in Kind Clause in Contracts

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.

Appears in 6 contracts

Samples: Limited Liability Company Operating Agreement (Keyspan Corp), Operating Agreement (Keyspan Corp), Operating Agreement (Keyspan Corp)

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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.

Appears in 6 contracts

Samples: Operating and Joint Venture Agreement (Semele Group Inc), Operating and Joint Venture Agreement (Afg Investment Trust C), Operating and Joint Venture Agreement (Afg Investment Trust D)

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 Manager determines 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 ManagersManager in its sole discretion. Any Member entitled to any interest in such assets shall, unless otherwise determined by the ManagersManager, 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 basis, but may be made on any basis which the Managers determine Manager determines to be reasonable under the circumstances.

Appears in 2 contracts

Samples: Limited Liability Company Agreement (Ridgewood Electric Power Trust Iv), Limited Liability Company Agreement (Ridgewood Electric Power Trust Iii)

Distribution of Assets in Kind. No Member shall have the right to require any distribution of any assets of the Company LLC to be made in cash or in kind. If the Managers Members determine to distribute assets of the Company LLC in kind, such assets shall be distributed on the basis of their fair market value as determined by the ManagersMembers. Any Member entitled to any interest in such assets shall, unless otherwise determined by the ManagersMembers, receive separate assets of the CompanyLLC, 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 Members determine to be reasonable under the circumstances.

Appears in 1 contract

Samples: Limited Liability Company Operating Agreement (Synagro Technologies Inc)

Distribution of Assets in Kind. No Member shall have the right to require any distribution of any assets of the Company LLC to be made in cash or in kind. If the Managers determine to distribute assets of the Company LLC 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 CompanyLLC, 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 basis, but may be made on any basis which the Managers determine to be reasonable under the circumstances.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Boston Properties Inc)

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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 Manager 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 ManagersManager. Any Member entitled to any interest in such assets shall, unless otherwise determined by the ManagersManager, 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 Manager determine to be reasonable under the circumstances.. Transfers of Interests

Appears in 1 contract

Samples: Operating Agreement

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 a majority in interest of the Managers Members 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 a majority in interest of the ManagersMember. Any Member entitled to any interest in such assets shall, unless otherwise determined by a majority in interest of the ManagersMembers, 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 a majority in interest of the Managers Members determine to be reasonable under the circumstances.

Appears in 1 contract

Samples: Operating Agreement (Milpi Acquisition Corp)

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