Distribution of Cash Available for Distribution Sample Clauses
Distribution of Cash Available for Distribution. Distributions of all Cash Available for Distribution shall be made as determined by a Majority Vote of the Members. Any distribution of property shall be treated as a distribution of cash in the amount of the fair market value of such property. Distribution shall be made to the Members by the Company pro rata, according to the number of Units held by each, with all Outstanding Units being treated alike.
Distribution of Cash Available for Distribution. The General Partner shall determine the amount of any distribution to the Partners and the timing of all such distributions. The General Partner's determination shall be binding upon all Partners.
Distribution of Cash Available for Distribution. Cash Available for Distribution, whether arising from operations in the normal course of the Partnership's business or from sale or refinancing of Partnership assets, or otherwise, shall be apportioned among and distributed to the Partners in accordance with the percentage interest of each Partner set forth on Schedule A to this Agreement, at such times as determined by the General Partner.
Distribution of Cash Available for Distribution. A. Cash Available for Distribution with respect to each Fiscal Year shall be distributed quarterly as follows:
(i) first, until the Partners shall have received with respect to such Fiscal Year an amount equal to the Partners' Preferred Distribution, 1% to the General Partner and 99% to the Limited Partners;
(ii) second, through and including the end of the Accounting Period during which the Partners have received cumulative distributions of Capital Receipts pursuant to Sections 4.06(ii) and 4.07A(ii) equal to $42,089,394, 1% to the General Partner and 99% to the Limited Partners;
(iii) third, through and including the end of the Accounting Period during which the Partners have received cumulative distributions of Capital Receipts pursuant to Sections 4.06(ii) and 4.07A(ii) equal to $84,178,788, 10% to the General Partner and 90% to the Limited Partners; and
(iv) thereafter, 20% to the General Partner and 80% to the Limited Partners.
B. Cash Available for Distribution shall be distributed to the Partners within 45 days after the end of each Fiscal Quarter. For purposes of Section 4.05A(i) above, distributions made in a subsequent Fiscal Year with respect to the last Fiscal Quarter of the immediately prior Fiscal Year shall be considered made with respect to such prior Fiscal Year.
C. The partners' Preferred Distribution for 1990 will be prorated, based upon the number of days in each Fiscal Quarter (assuming for purposes hereof that the third Fiscal Quarter commenced on July 22, 1990).
Distribution of Cash Available for Distribution. The General Partner shall determine the amount of any distribution to the Partners and the timing of all such distributions. The General Partner's determination shall be binding upon all Partners. Priorities Among Partners. No Partner shall be entitled to any priority or preference over any other Partner as to any distribution from the Partnership. MANAGEMENT OF PARTNERSHIP AFFAIRS AND VOTING RIGHTS Control and Management. Except as otherwise set forth in this Agreement, the General Partner shall have sole and exclusive control of the Limited Partnership. The General Partner shall have the power and authority to take such action from time to time as he may deem to be necessary, appropriate, or convenient in connection with the management and conduct of the business and affairs of the Partnership, including without limitation the power to: Acquire property, including real or personal property, for the use of the Partnership upon such terms and conditions as the General Partner may, from time to time, determine to be advantageous to the Partnership; Finance the Partnership's activities by borrowing money from third parties on such terms and under such conditions as the General Partner deems appropriate. When money is borrowed for Partnership purposes, the General Partner shall be, and hereby is, authorized to pledge, mortgage, encumber, or grant a security interest in Partnership properties as security for the repayment of such loans. Employ, retain, or otherwise secure the services of such personnel or firms deemed necessary by the General Partner for or to facilitate the conduct of Partnership business affairs, all on such terms and for such consideration as the General Partner deems advisable; and\ Take any and all other action which is permitted by law and which is customary in or reasonably related to the conduct of the Partnership business or affairs.
Distribution of Cash Available for Distribution. Distributions of all Cash Available for Distribution shall be made not less frequently than annually. Any distribution of property shall be treated as a distribution of cash in the amount of the fair market value of such property. Distributions shall be made to Record Holders pro rata, according to the number of Units held by each, with all Outstanding Units being treated alike.
Distribution of Cash Available for Distribution. Upon the request of a Member, the Manager shall distribute to the Member on or before April 15 of each year an amount equal to the Member's Tax Distribution. All other distributions from Cash Available for Distribution shall be determined by the unanimous consent of the Members and the Manager. Any distribution of property shall be treated as a distribution of cash in the amount of the fair market value of such property. Except as otherwise provided herein, distributions shall be allocated between the Members in accordance with their respective Unit ownership.
Distribution of Cash Available for Distribution. Within 30 days after the end of each calendar month during a Fiscal Year, Cash Available for Distribution shall, to the extent permitted by the RPA, be distributed to each Member in accordance with its weighted average Membership Interests during the preceding month.
Distribution of Cash Available for Distribution. A. Cash Available for Distribution with respect to each Fiscal Year shall be distributed semiannually, not later than October 31st of each Fiscal Year and April 15th of each succeeding Fiscal Year, as follows:
(i) first, until the Partners shall have received with respect to such Fiscal Year an amount equal to the Partners' 10% Preferred Distribution, 1% to the General Partner and 99% to the Limited Partners;
(ii) second, until the Partners have received cumulative distributions of Capital Receipts pursuant to Sections 4.06(ii) and 4.07A(ii) equal to $20,909,091 (of which the Limited Partners' portion would be equal to $50,000 per Unit), 1% to the General Partner and 99% to the Limited Partners;
(iii) third, until the Partners have received cumulative distributions of Capital Receipts pursuant to Sections 4.06(ii) and 4.07A(ii) equal to $41,818,182 (of which the Limited Partners' portion would be equal to $100,000 per Unit), 10% to the General Partner and 90% to the Limited Partners; and
(iv) thereafter, 20% to the General Partner and 80% to the Limited Partners.
B. For purposes of Section 4.05A(i) above, distributions made within 105 days after the end of a Fiscal Year shall be considered made with respect to such prior Fiscal Year.
C. In determining the amount of the distribution to be made on or before October 31st of each Fiscal Year, the General Partner shall estimate the Cash Available for Distribution with respect to such Fiscal Year as a result of the first nine Accounting Periods of such Fiscal Year (for 1990, the actual number of Accounting Periods ending prior to September 8) and shall reduce such amount by such reserves as the General Partner reasonably determines are necessary to provide for the ongoing operation of the Partnership. The amount of the distribution to be made on or before April 15th of the succeeding Fiscal Year shall be the Cash Available for Distribution for the prior Fiscal Year, reduced by the amount of the distribution made with respect to such Fiscal Year pursuant to the preceding sentence.
D. The Partners' 10% Preferred Distribution for the Partnership's initial year of operations will be pro-rated, based upon the number of days in the Fiscal Year from the date of the closing of the private placement pursuant to the Private Placement Memorandum. If such private placement pursuant to the Private Placement Memorandum closes in 1989, the Partners' 10% Preferred Distribution for 1990 shall be computed to include the number of...
Distribution of Cash Available for Distribution. To the extent that Tax Distributions or distributions of Cash Available for Distribution are made by the Partnership, such distributions shall be made as follows: