Distribution of Cash Available for Distribution Sample Clauses

Distribution of Cash Available for Distribution. Distributions of all Cash Available for Distribution shall be made at such times as determined by the Majority Vote of the Members. Any distribution of property shall be treated as a distribution of cash equal in amount to the fair market value of such property. Distributions shall be made to all Members and Assignees pro rata in accordance with the number of Units held by each.

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. Cash Available for Distribution shall be determined by the unanimous consent of the Members and the Manager, except that on or before April 15 of each year the Company shall distribute to Nuvest an amount sufficient to allow Nuvest to make any Tax Distribution that Nuvest may be required to make pursuant to the terms of Nuvest's Operating Agreement. 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. A. Cash Available for Distribution with respect to each Fiscal Year shall be distributed at least semi-annually, not later than October 31st of each Fiscal Year and April 15th of each succeeding Fiscal Year, as follows: (i) first, 100% to the Limited Partners until the Limited Partners shall have received with respect to such Fiscal Year an amount equal to the Limited Partners' 10% Preferred Distribution; (ii) second 100% to the General Partner until the General Partner shall have received with respect to such Fiscal Year an amount equal to 1/99 multiplied by the amount distributed to the Limited Partners pursuant to Section 4.06A(i) with respect to such Fiscal Year; and (iii) third, through and including the end of the Accounting Period during which the General Partner and the Limited Partners have received cumulative distributions of Capital Receipts pursuant to Sections 4.07 (ii) and 4.08A(ii) equal to $37,626,263 (of which the Limited Partners' portion would equal $50,000 per Unit), 1% to the General Partner and 99% to the Limited Partners, and thereafter, 20% to the General Partner and 80% to the Limited Partners. B. 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 1989, the actual number of Accounting Periods ending prior to September 15) and shall reduce such amount by such reserves as the General Partner reasonably determines are necessary to provide for the doing 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. C. The Limited Partners' 10% Preferred Distribution for 1989 was pro-rated, based upon the number of days in the Fiscal Year from the date of the closing of the offering pursuant to the Private Placement Memorandum. For purposes of Sections 4.06A(i) and (ii), distributions made within 105 days after the end of a Fiscal Year shall be deemed made with respect to such Fiscal Year.

Distribution of Cash Available for Distribution. Within 30 days after the end of each calendar quarter during a Fiscal Year, Cash Available for Distribution shall be distributed to the Members in accordance with their Membership Interests.

Distribution of Cash Available for Distribution. Distributions of all Cash Available for Distribution and any property distributions shall be made not less frequently than annually unless otherwise agreed by a Majority Vote of the Members. Any distribution in respect of property shall be allocated to the Member who originally contributed the property to the Company. Any distribution of cash shall be allocated to the Members according to the weighted average number of Units held by each Member with all Outstanding Units being treated alike.

Distribution of Cash Available for Distribution. Cash Available for Distribution with respect to each Fiscal Year shall be distributed at least annually as follows: (i) through and including the end of the Accounting Period during which the General Partner and the Limited Partners shall have received cumulative distributions of Capital Receipts equal to $45,454,545, 1% to the General Partner and 99% to the Limited Partners; (ii) thereafter, 10% to the General Partner and 90% to the Limited Partners.