Distribution of Cash Flow From Operations Sample Clauses

Distribution of Cash Flow From Operations. If the Managing Member distributes Cash Flow from Operations, the same shall be distributed or paid with the order of priority as set forth below: (i) First, 100% to the Members pro rata in proportion to each Member’s Unpaid Preferred Return until such time as no Member has any Unpaid Preferred Return; (ii) Second, 100% to the Managing Member, until the Managing Member has cumulatively received an amount equal to the sum of thirty percent (30%) of the aggregate Preferred Return that has been paid to the Members; and (iii) Third, 70% to the Members (pro rata in proportion to their aggregate Capital Contributions) and 30% to the Managing Member. Notwithstanding anything to the contrary set forth in this Section 4.1(b)(1), the Managing Member may, in its sole and absolute discretion, at anytime, defer the catch-up distribution to which it is entitled under Section 4.1(b)(1)(ii), and take all or a portion of such catch-up distribution from distributions of Cash Flow from Operations or from Cash Flow from Sales at any time after the Members no longer have any Unpaid Preferred Return.
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Distribution of Cash Flow From Operations. Cash Flow From Operations for each fiscal year shall be distributed within seventy-five (75) days following each calendar year and shall be applied in the following order of priority: (a) To pay the Deferred Management Fee, if any; (b) To pay the current Reporting Fee and then to pay any accrued Reporting Fees which have not been paid in full from the previous years; (c) To pay the Development Fee in accordance with the Development Fee Agreement; (d) To pay the Operating Loans, if any, as referenced in Section 6.2(b) of this Agreement, limited to 50% of the Cash Flow From Operations remaining after reduction for the payments made pursuant to subsections (a) through (c) of this Section 11.1; (e) To pay the Incentive Management Fee from Cash Flow From Operations remaining after reduction for the payments made pursuant to subsections (a) through (d) of this Section 11.1; and (f) To the Limited Partner in an amount equal to 50% of the remaining Cash Flow From Operations and to the General Partner in an amount equal to 50% of the remaining Cash Flow From Operations.
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Distribution of Cash Flow From Operations. If the Manager distributes Cash Flow from Operations, the same shall be distributed or paid: sixty percent (60%) to the Class B Member (pro rata in proportion to their aggregate Capital Contributions) and forty percent (40%) to the Class A Member.
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Distribution of Cash Flow From Operations. Distribution Upon Sale or Refinancing .......... 40
Sample 1
Distribution of Cash Flow From Operations. Cash Flow From Operations for each fiscal year shall be distributed within seventy-five (75) days following each calendar year and shall be applied in the following order of priority: (a) To pay the current Reporting Fee and then to pay any accrued Reporting Fees which have not been paid in full from previous years; (b) To pay the Operating Loans, if any, as referenced in Section 6.2(b) of this Agreement, limited to 50% of the Cash Flow From Operations; (c) To pay the Incentive Management Fee in an amount equal to 40% of the Cash Flow Operations remaining after reduction for the payments made pursuant to subsequent (a) and (b) of this Section 11.1; and (d) The balance thereof, if any, shall be distributed annually 50% to the Limited Partner and 50% to the General Partner.
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Distribution of Cash Flow From Operations. Except as otherwise provided in Sections 4.5 and 4.6, the Company's Net Cash Flow shall be distributed to the Members, no less frequently than quarterly, in the following priorities and amounts: (A) First, at any time that Hollow Creek has received less than a 10% cumulative annually-compounded return on its investment (determined in accordance with the provisions of Section 4.7): (1) If Summit has previously received distributions pursuant to Section 4.4(b)(2)(ii) and if the application of Section 4.4(a)(2) would not result in Hollow Creek having received a cumulative annually-compounded return on its investment of at least 10% (determined in accordance with the provisions of Section 4.7), then (A) First, until Hollow Creek has received a cumulative annually-compounded return on its investment of 10%, 100% to Hollow Creek in an amount not to exceed the product of the Percentage Reciprocal and the Net Cumulative Priority Distributions; and (B) Second, to the Members in accordance with their respective Percentages; (2) Otherwise, to the Members in accordance with their respective Percentages; (B) Second, at any time that Hollow Creek has received a cumulative annually-compounded return on its investment between 10% and 15% (determined in accordance with the provisions of Section 4.7): (1) If Summit has previously received distributions pursuant to Section 4.4(c)(2)(ii) and if the application of the provisions of Section 4.4(b) (2) would not result in Hollow Creek having received a cumulative annually-compounded return on its investment of at least 15% (determined in accordance with the provisions of Section 4.7), then (A) First, until Hollow Creek has received a cumulative annually-compounded return on its investment of 15%, 100% to Hollow Creek in an amount not to exceed the product of the Percentage Reciprocal and the Net Cumulative Second Tier Priority Distributions; and (B) Second, to the Members in accordance with Section 4.4(b)(2);
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Distribution of Cash Flow From Operations. Distributions of Cash Flow from Operations may be made from time to time in the discretion of the General Partner, in the following order of priority: (A) First, the General Partner shall have the right to distribute monthly to Manager up to ten percent (10%) of the monthly net profits of the Partnership (as described in the Employment Agreement between Manager, the Partnership, the General Partner and HPI) as determined by the internal accountants of the Partnership, with such distributions to be an advance against the proportional distributions to which Manager is otherwise entitled from time to time; (B) Second, before any further distribution of Cash Flow from Operations, the Partnership shall pay in full any Additional Loans, Excess Loans and Required Loans as defined herein; (C) Third, Cash Flow from Operations shall then be distributed to the General Partner and Limited Partners proportional in relation to their net Positive Capital Accounts until reduced to zero; (D) Fourth, Cash Flow from Operations shall then be distributed to the Partners based upon their then percentage sharing of profits as described on Exhibit 2(a) (or as such percentages are changed pursuant to the terms hereof).
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Distribution of Cash Flow From Operations 
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Related to Distribution of Cash Flow From Operations

  • Distributions of Available Cash From Operating Surplus Available Cash that is deemed to be Operating Surplus pursuant to the provisions of Section 6.3 or Section 6.5 shall be distributed as follows, except as otherwise contemplated by Section 5.6(b) in respect of additional Partnership Interests issued pursuant thereto (including pursuant to Article V with respect to the Preferred Units): (a) First, 100% to the General Partner and the Unitholders, Pro Rata, until there has been distributed in respect of each Unit then Outstanding an amount equal to the Minimum Quarterly Distribution for such Quarter; (b) Second, 100% to the General Partner and the Unitholders, Pro Rata, until there has been distributed in respect of each Unit then Outstanding an amount equal to the excess of the First Target Distribution over the Minimum Quarterly Distribution for such Quarter; (c) Third, (i) to the General Partner in accordance with its Percentage Interest; (ii) 13% to the holders of the Incentive Distribution Rights, Pro Rata; and (iii) to all Unitholders, Pro Rata, a percentage equal to 100% less the sum of the percentages applicable to subclauses (i) and (ii) of this clause (c), until there has been distributed in respect of each Unit then Outstanding an amount equal to the excess of the Second Target Distribution over the First Target Distribution for such Quarter; (d) Fourth, (i) to the General Partner in accordance with its Percentage Interest; (ii) 23% to the holders of the Incentive Distribution Rights, Pro Rata; and (iii) to all Unitholders, Pro Rata, a percentage equal to 100% less the sum of the percentages applicable to subclauses (i) and (ii) of this clause (d), until there has been distributed in respect of each Unit then Outstanding an amount equal to the excess of the Third Target Distribution over the Second Target Distribution for such Quarter; and (e) Thereafter, (i) to the General Partner in accordance with its Percentage Interest; (ii) 48% to the holders of the Incentive Distribution Rights, Pro Rata; and (iii) to all Unitholders, Pro Rata, a percentage equal to 100% less the sum of the percentages applicable to subclauses (i) and (ii) of this clause (e); provided, however, if the Minimum Quarterly Distribution, the First Target Distribution, the Second Target Distribution and the Third Target Distribution have been reduced to zero pursuant to the second sentence of Section 6.6(a), the distribution of Available Cash that is deemed to be Operating Surplus with respect to any Quarter will be made solely in accordance with Section 6.4(e).

  • Distribution of Cash (a) Subject to Sections 5.02(c), (d) and (e), the Partnership shall distribute cash at such times and in such amounts as are determined by the General Partner in its sole and absolute discretion, to the Partners who are Partners on the Partnership Record Date with respect to such quarter (or other distribution period) in proportion with their respective Percentage Interests on the Partnership Record Date. (b) In accordance with Section 4.04(a)(ii), the LTIP Unitholders shall be entitled to receive distributions in an amount per LTIP Unit equal to the Common Partnership Unit Distribution. (c) If a new or existing Partner acquires additional Partnership Units in exchange for a Capital Contribution on any date other than a Partnership Record Date, the cash distribution attributable to such additional Partnership Units relating to the Partnership Record Date next following the issuance of such additional Partnership Units shall be reduced in the proportion to (i) the number of days that such additional Partnership Units are held by such Partner bears to (ii) the number of days between such Partnership Record Date and the immediately preceding Partnership Record Date. (d) Notwithstanding any other provision of this Agreement, the General Partner is authorized to take any action that it determines to be necessary or appropriate to cause the Partnership to comply with any withholding requirements established under the Code or any other federal, state or local law including, without limitation, pursuant to Sections 1441, 1442, 1445 and 1446 of the Code. To the extent that the Partnership is required to withhold and pay over to any taxing authority any amount resulting from the allocation or distribution of income to a Partner or assignee (including by reason of Section 1446 of the Code), either (i) if the actual amount to be distributed to the Partner (the “Distributable Amount”) equals or exceeds the Withheld Amount, the entire Distributable Amount shall be treated as a distribution of cash to such Partner, or (ii) if the Distributable Amount is less than the Withheld Amount, the excess of the Withheld Amount over the Distributable Amount shall be treated as a Partnership Loan from the Partnership to the Partner on the day the Partnership pays over such amount to a taxing authority. A Partnership Loan shall be repaid upon the demand of the Partnership or, alternatively, through withholding by the Partnership with respect to subsequent distributions to the applicable Partner or assignee. In the event that a Limited Partner fails to pay any amount owed to the Partnership with respect to the Partnership Loan within 15 days after demand for payment thereof is made by the Partnership on the Limited Partner, the General Partner, in its sole and absolute discretion, may elect to make the payment to the Partnership on behalf of such Defaulting Limited Partner. In such event, on the date of payment, the General Partner shall be deemed to have extended a General Partner Loan to the Defaulting Limited Partner in the amount of the payment made by the General Partner and shall succeed to all rights and remedies of the Partnership against the Defaulting Limited Partner as to that amount. Without limitation, the General Partner shall have the right to receive any distributions that otherwise would be made by the Partnership to the Defaulting Limited Partner until such time as the General Partner Loan has been paid in full, and any such distributions so received by the General Partner shall be treated as having been received by the Defaulting Limited Partner and immediately paid to the General Partner. Any amounts treated as a Partnership Loan or a General Partner Loan pursuant to this Section 5.02(d) shall bear interest at the lesser of (i) 300 basis points above the base rate on corporate loans at large United States money center commercial banks, as published from time to time in The Wall Street Journal, Eastern Edition, or (ii) the maximum lawful rate of interest on such obligation, such interest to accrue from the date the Partnership or the General Partner, as applicable, is deemed to extend the loan until such loan is repaid in full. (e) In no event may a Partner receive a distribution of cash with respect to a Partnership Unit if such Partner is entitled to receive a cash dividend as the holder of record of a REIT Common Share for which all or part of such Partnership Unit has been or will be redeemed.

  • Distributions of Available Cash from Capital Surplus Available Cash that is deemed to be Capital Surplus pursuant to the provisions of Section 6.3(a) shall be distributed, unless the provisions of Section 6.3 require otherwise, to the General Partner and the Unitholders, Pro Rata, until a hypothetical holder of a Common Unit acquired on the Closing Date has received with respect to such Common Unit distributions of Available Cash that are deemed to be Capital Surplus in an aggregate amount equal to the Initial Unit Price. Available Cash that is deemed to be Capital Surplus shall then be distributed (A) to the General Partner in accordance with its Percentage Interest and (B) to all Unitholders holding Common Units, Pro Rata, a percentage equal to 100% less the General Partner’s Percentage Interest, until there has been distributed in respect of each Common Unit then Outstanding an amount equal to the Cumulative Common Unit Arrearage. Thereafter, all Available Cash shall be distributed as if it were Operating Surplus and shall be distributed in accordance with Section 6.4.

  • Excess Cash Flow In the event that there shall be Excess Cash Flow in excess of $2,500,000 for any Fiscal Year, the Borrower shall, not later than the tenth Business Day following the date that is ninety days after the end of such Fiscal Year, prepay the Loans in an aggregate amount equal to 50% (provided that (i) such prepayment percentage shall be 25% if, as of the last day of the most recently ended Fiscal Year, the Senior Secured Net Leverage Ratio (determined for any such period by reference to the Compliance Certificate delivered pursuant to Section 5.1(c) calculating the Senior Secured Net Leverage Ratio as of the last day of such Fiscal Year) shall be 1.80:1.00 or less and (ii) no such prepayment shall be required by this clause (e) if the foregoing Senior Secured Net Leverage Ratio as of the last day of such Fiscal Year shall be 1.30:1.00 or less) of the entire Excess Cash Flow for such Fiscal Year minus 100% of voluntary repayments of the Loans made during such Fiscal Year with Internally Generated Cash; provided, that, if at the time that any such prepayment would be required, the Borrower is required to repay or repurchase or to offer to repurchase or repay Senior Secured Debt permitted pursuant to Section 6.1 pursuant to the terms of the documentation governing such Indebtedness with all or a portion of such Excess Cash Flow (such Senior Secured Debt required to be repaid or repurchased or to be offered to be so repaid or repurchased, “Other Applicable ECF Indebtedness”), then the Borrower may apply such Excess Cash Flow on a pro rata basis to the prepayment of the Loans and to the repayment or re-purchase of Other Applicable ECF Indebtedness, and the amount of prepayment of the Loans that would have otherwise been required pursuant to this Section 2.10(e) shall be reduced accordingly (for purposes of this proviso pro rata basis shall be determined on the basis of the aggregate outstanding principal amount of the Loans and Other Applicable ECF Indebtedness at such time, with it being agreed that the portion of Excess Cash Flow allocated to the Other Applicable ECF Indebtedness shall not exceed the amount of such Excess Cash Flow required to be allocated to the Other Applicable ECF Indebtedness pursuant to the terms thereof, and the remaining amount, if any, of such net proceeds shall be allocated to the Loans in accordance with the terms hereof); provided further, that to the extent the holders of Other Applicable ECF Indebtedness decline to have such indebtedness repurchased or prepaid, the declined amount shall promptly (and in any event within ten Business Days after the date of such rejection) be applied to prepay the Loans in accordance with the terms hereof.

  • Distributions of Cash Flow Cash flow for each taxable year of the Company shall be distributed to the Member at such times and in such amounts as the Member shall determine.

  • Funds from Operations The ratio of Funds from Operations to Total Debt for such Relevant Entity in any fiscal year is greater than the ratio specified in the Election Sheet; or

  • Net Cash Flow The term “Net Cash Flow” shall mean all cash and cash equivalents from all sources on hand as of the last day of the measurement period prior to any distributions to the Partners, and after the payment of all then due expenses of operating and managing the Restaurants, and after payment of all debts and liabilities and after any prepayments of any debts and liabilities that the General Partner, in its reasonable and good faith discretion, elects to cause to be made, and after the establishment of any reserves reasonably deemed necessary by the General Partner for (i) the repayment of any due debts or liabilities, including debts owed to the General Partner; (ii) the working capital requirements; (iii) capital improvements and replacement of furniture, fixtures or equipment; and (iv) any contingent or unforeseen liabilities. In determining Net Cash Flow of each Restaurant there shall be deducted the Supervision Fee and the Accounting Fee as provided in Section 4.7, the Advertising Payment and the Insurance Payment as provided in Section 4.8, and the OSRS Charges as provided in Section 4.2.

  • Distributions of Net Cash Flow The Net Cash Flow of the Partnership for each calendar year, shall be distributed to the Partners from time to time, in the discretion of the General Partner, in accordance with the Percentage Interests of the Partners.

  • Distribution of Financial Contribution The financial contribution of the Funding Authority to the Project shall be distributed by the Coordinator according to: - the Consortium Plan - the approval of reports by the Funding Authority, and - the provisions of payment in Section 7.3. A Party shall be funded only for its tasks carried out in accordance with the Consortium Plan.

  • Required Distributions Except in the case of a special needs beneficiary, the assets of the Xxxxxxxxx ESA are required to be distributed to the designated beneficiary within 30 days of the designated beneficiary’s attainment of age 30. The designated beneficiary will be subject to both income tax and an additional 10 percent penalty tax on the portion of the distribution that represents earnings, if the designated beneficiary does not have any qualified education expenses in that year. Any balance remaining in the Xxxxxxxxx ESA upon the death of the designated beneficiary will be distributed within 30 days of the designated beneficiary’s death, unless a death beneficiary is named and the death beneficiary is a qualified family member under age 30. If the death beneficiary is a qualified family member under age 30, that individual will become the designated beneficiary as of the date of death. Qualified family members include the designated beneficiary’s child, grandchild, or xxxxxxxxx, brother, sister, stepbrother, or stepsister, nephew or niece, parents, stepparents, or grandparents, uncle or aunt, spouses of all the family members listed above, cousin, and the designated beneficiary’s spouse. If a qualified family member becomes the designated beneficiary, the custodian, if it so chooses for any reason (e.g., due to limitations of its charter or bylaws), may require a total distribution of the Xxxxxxxxx ESA by December 31 of the year following the year of the original designated beneficiary’s death.

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