Distribution of Sales Proceeds. Any distribution of net consideration received from a Partnership Sale (the “Sales Proceeds”) shall be made, in each case only following and being reduced for the full payment of any required Guaranteed Series A-0 Payment and in respect of such Fiscal Quarter pursuant to Section 4.08 has been paid (with the day before an event giving rise to Sales Proceeds being treated as the last day of the then-current Fiscal Quarter), in the following order after application of Section 5.04 through Section 5.07 (applied (x) after increasing each Partner’s Capital Account and Sub-Capital Account by the amount of such Partner’s share of Partnership Minimum Gain and Partner Nonrecourse Debt Minimum Gain, and (y) taking into account any Profit and Loss of the Partnership through the date of the distribution (including any gains or losses from the event giving rise to the Sales Proceeds)) and Section 7.04:
Distribution of Sales Proceeds. Any distribution of net consideration received from a Partnership Sale (the “Sales Proceeds”) shall be made in the following order after application of Section 5.04 through Section 5.07 (applied (i) after increasing each Partner’s Capital Account and Sub-Capital Account by the amount of such Partner’s share of Partnership Minimum Gain and Partner Nonrecourse Debt Minimum Gain, and (ii) taking into account any Profit and Loss of the Partnership through the date of the Distribution (including any gains or losses from the event giving rise to the Sales Proceeds)) and Section 7.04:
Distribution of Sales Proceeds. 3.1 BWB shall determine all prices for Surplus Books in its sole discretion.
Distribution of Sales Proceeds. In the event that the Owner does not exercise the Purchase Option, the proceeds of any sale conducted in accordance with Article 10 shall be distributed as follows: First to satisfy Mortgages in order of priority, second to pay the Owner’s Unpaid Amounts and Excess Proceeds, third to pay taxes, and any statutory or municipal fees currently due and payable, fourth to pay amounts owed to any other secured lien holders.
Distribution of Sales Proceeds. Sales Proceeds shall be distributed in the following amounts and in the following priority, any such amounts to be paid simultaneously with the payment to Tenant of the applicable Sales Transaction:
Distribution of Sales Proceeds. A. Once an offer for purchase of the Combined Property has been received by the City and HURT, the CITY shall obtain summary and review appraisals for the City Property.
Distribution of Sales Proceeds. 8.1. The 1999 Bondholders have asserted and continue to assert a first-position lien upon the Trust Estate. The parties hereto acknowledge that FW is the only party in the Bankruptcy Cases that still retains the right to dispute this lien, as all other creditors have allowed the time to dispute the 1999 Bondholders' lien to expire. In consideration for the agreements set forth herein, including FW's agreement not to challenge the 1999 Bondholders' lien in the Trust Estate or its proceeds and the entry of the Priority Order, FW shall share in the 1999 Bondholders' lien position in Proceeds (as defined in Section 8.3 hereof) of the sale of the Project as set forth in Sections 8.2.2, 8.2.3 and 8.2.4 hereof. Except for the amounts reserved from the Proceeds for distribution to creditors holding Allowed Administrative Claims (as hereinafter defined) pursuant to Section 8.2.2 hereof, the Proceeds of the Trust Estate are subject to the secured claims of the Trustee (on behalf of the 1999 Bondholders) and not available for distribution to any creditors other than FW and the Trustee (on behalf of the 1999 Bondholders).
Distribution of Sales Proceeds. Any distribution of net consideration received from a Partnership Sale (the “Sales Proceeds”) shall be made in the following order after application of Section 5.04 through Section 5.07 (applied (i) after increasing each Partner’s Capital Account and Sub-Capital Account by the amount of such Partner’s share of Partnership Minimum Gain and Partner Nonrecourse Debt Minimum Gain, and (ii) taking into account any Profit and Loss of the Partnership through the date of the Distribution (including any gains or losses from the event giving rise to the Sales Proceeds)) and Section 7.04: (a) (i) first, pro rata to the holders of Preferred Series A Subclass 0 Unit Accounts in an amount equal to the positive Sub-Capital Account balances attributable to such Preferred Series A Subclass 0 Unit Accounts; (ii) second, pro rata to the holders of Preferred Series B Unit Accounts in an amount equal to the positive Sub-Capital Accounts attributable to such Preferred Series B Unit Accounts; (iii) third, pro rata to the holders of Preferred Series A Subclass 1 Unit Accounts, Preferred Series A Subclass 3 Unit Accounts and Preferred Series C Unit Accounts in an amount equal to the positive Sub-Capital Account attributable to such Preferred Series Unit Accounts; and (iv) fourth, pro rata to the holders of Class S Preferred Units in an amount equal to the positive Capital Account balances attributable to such Class S Preferred Units. (b) Following the distributions made pursuant to Section 4.06(a), any remaining Sales Proceeds shall be distributed pro rata to the holders of the Class A Units and Class S Ordinary Units in an amount equal to the positive Capital Account balances attributable to such Units. - 30 - 737868395
