Common use of Distribution of Assets in Kind Clause in Contracts

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. (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 DirectorsBoard. Any Member entitled to any interest in such assets shall, unless otherwise determined by the Board of DirectorsBoard, receive separate assets of the Company and not an interest as a tenant-in-common common, with other Members so entitled entitled, in any each asset being distributed.

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 net of any liabilities as reasonably determined by the Board of DirectorsBoard. Any Member entitled to any interest in such assets shall, unless otherwise determined by the Board of DirectorsBoard, 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. (a) No Except as otherwise expressly provided herein, no Member shall have the any 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 shall, unless otherwise expressly provided herein, be distributed on the basis of their fair market value as determined by the Board of DirectorsManagers. Any Member entitled to any interest in such assets shall, unless otherwise determined by the Board of DirectorsManagers, receive separate assets of the Company and not an interest as a tenant-in-common joint owner or other undivided interest with any other Members so entitled in any asset being distributedMember.

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 in good faith by the Board of DirectorsBoard. Any Member entitled to any interest in such assets shall, unless otherwise determined by the Board of DirectorsBoard, receive separate assets of the Company and not an interest as a tenant-tenant- in-common with other Members so entitled in any asset being distributed.

Distribution of Assets in Kind. (a) No Member shall have the right to require any distribution of any assets of the Company LLC in kind. If any assets of the Company LLC are distributed in kind, such assets shall be distributed on the basis of their fair market value as determined by the Board holders of Directors. Any Member entitled to any interest a Majority in such assets shall, unless otherwise determined by the Board of Directors, receive separate assets Interest of the Company and not an interest as a tenant-in-common with other Members so entitled in any asset being distributedthen outstanding Units.

Distribution of Assets in Kind. (a) 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 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 Company, and not an interest as a tenant-in-common with other Members so entitled in any 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 Directors determine to be fair and reasonable under the circumstances.