Distribution Rules. (i) All distributions pursuant to Section 9.1 hereof shall be at such times and in such amounts as shall be determined by the Board; provided, however, that the Board shall use its best efforts to cause the Company to distribute to the Unit Holders an amount of Net Cash Flow as shall be sufficient to enable the Unit Holders to fund their federal and state income tax liabilities attributable to their respective distributive shares of the taxable income of the Company. (ii) All amounts withheld pursuant to the Code or any provision of any state or local tax law with respect to any payment, distribution or allocation to the Company or the Unit Holders shall be treated as amounts distributed to the Unit Holders pursuant to this Article IX for all purposes of this Agreement. The Board is authorized to withhold from distributions, or with respect to allocations, to the Unit Holders and to pay over to any federal, state or local government any amounts required to be so withheld pursuant to the Code or any provision of any other federal, state or local law and shall allocate such amounts to those Unit Holders with respect to which such amounts were withheld.
Appears in 5 contracts
Samples: Limited Liability Company Agreement (Wells Fargo Student Loans Receivables I LLC), Limited Liability Company Agreement (Wells Fargo Student Loans Receivables I LLC), Limited Liability Company Agreement (Wells Fargo Student Loans Receivables I LLC)
Distribution Rules. (i) All distributions pursuant to Section 9.1 hereof shall be at such times and in such amounts as shall be determined by the BoardManaging Member; provided, however, that the Board Managing Member shall use its best efforts to cause the Company to distribute to the Unit Holders Members an amount of Net Cash Flow as shall be sufficient to enable the Unit Holders Members to fund their federal and state income tax liabilities attributable to their respective distributive shares of the taxable income of the Company.
(ii) All amounts withheld pursuant to the Code or any provision of any state or local tax law with respect to any payment, distribution or allocation to the Company or the Unit Holders Members shall be treated as amounts distributed to the Unit Holders Members pursuant to this Article IX for all purposes of this Agreement. The Board Managing Member is authorized to withhold from distributions, or with respect to allocations, to the Unit Holders distributions and to pay over to any federal, state or local government any amounts required to be so withheld pursuant to the Code or any provision of any other federal, state or local law and shall allocate such amounts to those Unit Holders Members with respect to which such amounts were withheld.
Appears in 2 contracts
Samples: Limited Liability Company Agreement (Frontier Communications Corp), Limited Liability Company Agreement (American Medical Providers Inc)
Distribution Rules. (ia) All distributions pursuant to regarding a Series under Section 9.1 hereof 9.04 shall be at such times and in such amounts as shall be determined by the BoardVoting Members associated with such Series holding a Majority Interest in such Series; provided, however, that the Board Voting Members shall use its their best efforts to cause the Company to distribute to the Unit Holders Members an amount of Net Distributable Cash Flow as shall be sufficient to enable the Unit Holders Members to fund their federal and state income income-tax liabilities attributable to their respective distributive shares of the taxable income of the Company.
(iib) All amounts withheld pursuant to under the Code or any provision of any state or local tax law with respect to regarding any payment, distribution or allocation to the Company or the Unit Holders Members shall be treated as amounts distributed to the Unit Holders pursuant to Members under this Article IX for all purposes of this Agreement. The Board is authorized to Members may withhold from distributions, or with respect to allocations, to the Unit Holders Members and to pay over to any federal, state or local government any amounts required to be so withheld pursuant to under the Code or any provision of any other federal, state or local law locallaw and shall allocate such amounts to those Unit Holders with respect to Members regarding which such amounts were withheld.
Appears in 2 contracts
Samples: Operating Agreement, Operating Agreement
Distribution Rules. (i) All distributions pursuant to Section 9.1 hereof shall be at such times and in such amounts as shall be determined by the BoardManaging Member; provided, however, that the Board Managing Member shall use its best efforts to cause the Company to distribute to the Unit Holders Members an amount of Net Cash Flow as shall be sufficient to enable the Unit Holders Members to fund their federal and state income tax liabilities attributable to their respective distributive shares of the taxable income of the Company.
(ii) All amounts withheld pursuant to the Code or any provision of any state or local tax law with respect to any payment, distribution or allocation to the Company or the Unit Holders members shall be treated as amounts distributed to the Unit Holders Members pursuant to this Article IX for all purposes of this Agreement. The Board Managing Member is authorized to withhold from distributions, or with respect to allocations, to the Unit Holders distributions and to pay over to any federal, state or local government any amounts required to be so withheld pursuant to the Code or any provision of any other federal, state or local law and shall allocate such amounts to those Unit Holders Members with respect to which such amounts were withheld.
Appears in 1 contract
Samples: Limited Liability Company Agreement (New Gaming Capital Partnership)