DISTRIBUTIONS 27 Sample Clauses

DISTRIBUTIONS 27. 5.1 In General 27 5.2 Distributions Prior to Dissolution 27 5.3 Distributions on or After Dissolution 28 5.4 Adjustment to Incentive Distributions Payable to General Partner 28 5.5 Incentive Distributions Paid in the Form of Redemption Exchange Units 28 5.6 Prohibition on Distributions 29 ARTICLE 6 REDEMPTION-EXCHANGE RIGHTS 29 6.1 Redemption-Exchange Rights 29 6.2 Redemption and Exchange Procedures 29 6.3 Redemption-Exchange Date 30 6.4 Withdrawal of Exercise 31 6.5 Effect of Exercise of the Redemption-Exchange Right 31 6.6 FIRPTA 31 ARTICLE 7 REDEMPTION AMOUNT AND EXCHANGE RATIO 32 7.1 Redemption Amount 32 7.2 Exchange Ratio and Adjustments 32 ARTICLE 8 ADJUSTMENTS 32 8.1 Unit Reorganization 32 8.2 Unit Reclassification 32 8.3 Adjustments Cumulative 33 ARTICLE 9 MANAGEMENT AND OPERATION OF PARTNERSHIP 33 9.1 Management 33 9.2 Restrictions on General Partner’s Authority 34 9.3 Reimbursement of Partnership Expenses 34 9.4 Outside Activities 35 9.5 Disclosure of Interests 36 9.6 Indemnification 36 9.7 Resolution of Conflicts of Interest 38 9.8 Other Matters Concerning the General Partner 39 9.9 Title to Partnership Assets 39 9.10 Purchase or Sale of Units 40 9.11 Reliance by Third Parties 40 9.12 Services 40 ARTICLE 10 RIGHTS AND OBLIGATIONS OF LIMITED PARTNERS 41 10.1 Limitation of Liability 41 10.2 Management of Partnership Affairs 41 10.3 Outside Activities 41
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DISTRIBUTIONS 27. Section 7.01 General. 27 Section 7.02 Priority of Distributions 27 Section 7.03 Limitations on Class C Common Units 28 Section 7.04 Tax Advances 28 Section 7.05 Tax Withholding; Withholding Advances 29 Section 7.06 Distributions in Kind 30 ARTICLE VIII MANAGEMENT 31 Section 8.01 Establishment of the Board 31 Section 8.09 Officers 31 Section 8.10 No Personal Liability 31 ARTICLE IX PRE-EMPTIVE RIGHTS 31 Section 9.01 Pre-emptive Right. 31 ARTICLE X TRANSFER 34 Section 10.01 General Restrictions on Transfer 34 Section 10.02 Permitted Transfers 34 Section 10.03 Drag-along Rights 34 Section 10.04 Incentive Units Purchase Right. 35 ARTICLE XI COVENANTS 37 Section 11.01 Confidentiality 37 Section 11.02 Other Business Activities 38 Section 11.03 Non-compete; Non-solicit 39 ARTICLE XII ACCOUNTING; TAX MATTERS 40 Section 12.02 Tax Matters Member 40 Section 12.03 Tax Returns 41 Section 12.04 Company Funds 41
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DISTRIBUTIONS 27. Section 6.1 Distributions. 27 Section 6.2 Tax-Related Distributions. 28 Section 6.3 Distribution Upon Resignation. 28
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DISTRIBUTIONS 27. Section 6.1. General 27 Section 6.2. Distributions for Taxes 27 Section 6.3. Transfers of Specified Property; Indemnification 29 Section 6.4. Other Distributions 34 Section 6.5. Non-Recourse 34 (i)
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Related to DISTRIBUTIONS 27

  • Distributions, Etc Upon the dissolution, winding up, liquidation or reorganization of the Tenant, whether in bankruptcy, insolvency or receivership proceedings or upon an assignment for the benefit of creditors or any other marshalling of the assets and liabilities of the Tenant, if any sum shall be paid or any property shall be distributed upon or with respect to any of the Pledged Collateral, such sum shall be paid over to the Secured Parties, to be held as collateral security for the Secured Obligations. If any dividend shall be declared on any of the Pledged Collateral (excluding cash dividends), or any share of beneficial interest or fraction thereof shall be issued pursuant to any split of beneficial interests involving any of the Pledged Collateral, or any distribution of capital shall be made on any of the Pledged Collateral, or any property shall be distributed upon or with respect to the Pledged Collateral pursuant to recapitalization or reclassification of the capital of the Tenant, the shares or other property so distributed shall be delivered to the Secured Parties to be held as collateral security for the Secured Obligations.

  • Regular Distributions Subject to the rights of the holders of Preferred Units ranking senior to or on parity with the Series H Preferred Units, the holders of Series H Preferred Units shall be entitled to receive on each Distribution Payment Date, out of assets of the Partnership legally available for the payment of the distributions, monthly cumulative cash distributions at the following rates per annum on the $1,000 liquidation preference per Series H Preferred Unit:

  • Distributions Distributions shall be made to the Member at the times and in the aggregate amounts determined by the Member. Notwithstanding any provision to the contrary contained in this Agreement, the Company shall not make a distribution to the Member on account of its interest in the Company if such distribution would violate Section 18-607 of the Act or other applicable law.

  • Interim Distributions At such times as may be determined by it in its sole discretion, the Trustee shall distribute, or cause to be distributed, to the Beneficiaries, in proportion to the number of Trust Units held by each Beneficiary relating to the Trust, such cash or other property comprising a portion of the Trust Assets as the Trustee may in its sole discretion determine may be distributed without detriment to the conservation and protection of the Trust Assets in the Trust.

  • Interest Distributions On each Distribution Date, the Trustee shall withdraw from the Distribution Account the Interest Remittance Amount and apply it in the following order of priority (based upon the Mortgage Loan information provided to it in the Remittance Report, upon which the Trustee may conclusively rely), and the calculations required to be made by the Trustee, to the extent available:

  • Distribution of Cash (a) The Partnership shall distribute cash on a quarterly (or, at the election of the General Partner, more frequent) basis, in an amount 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 accordance with Section 5.2(b).

  • Distributions of Cash (a) The Partnership shall distribute cash on a quarterly (or, at the election of the General Partner, more frequent) basis, in an amount 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 the following manner: (i) first, to the General Partner in an amount equal to the GP Minimum Return with respect to the fiscal year of the General Partner; (ii) second, to the Limited Partners pro rata among them in proportion to the their respective Unpaid Return, if any, owing to each such Limited Partners with respect to prior fiscal years, in an amount equal to their respective Unpaid Return for such prior fiscal years owing to each such Limited Partner; (iii) third, after the establishment of reasonable cash reserves to meet REIT Expenses and other obligations of the Partnership, as determined in the sole and absolute discretion of the General Partner, to the General Partner and the Limited Partners in such aggregate amount as may be determined by the General Partner in its sole and absolute discretion to be allocated among the General Partner and the Limited Partners such that each Limited Partner will receive an amount equal to its LP Return for such fiscal year; and (iv) finally, to the Partners in accordance with and in proportion to their respective Percentage Interests; provided, however, that if a new or existing Partner acquires an additional Partnership Interest in exchange for a Capital Contribution on any date other than a Partnership Record Date, the cash distribution attributable to such additional Partnership Interest relating to the Partnership Record Date next following the issuance of such additional Partnership Interest shall be reduced to the proportion thereof which equals (i) the number of days that such additional Partnership Interest is held by such Partner divided by (ii) the number of days between such Partnership Record Date and the immediately preceding Partnership Record Date. Notwithstanding the foregoing, however, the Original Limited Partner may, in its sole and absolute discretion, elect to defer any distribution to be made to it, in which case the amount so deferred shall be deemed to be an additional Capital Contribution made on behalf of the Original Limited Partner under Section 4.02(c) hereof, to be distributed to the Original Limited Partner upon liquidation of the Partnership under Section 5.06 hereof, or at such time as the Original Limited Partner may otherwise be allowed to withdraw from the Partnership after the Transfer Restriction Date.

  • Distributions Other Than Cash Whenever the Depositary shall receive any distribution other than cash on the deposited Preferred Stock, the Depositary shall, subject to Sections 3.01 and 3.02, distribute to record holders of Receipts on the record date fixed pursuant to Section 4.04 such amounts of property received by it as are, as nearly as practicable, in proportion to the respective numbers of Depositary Shares evidenced by the Receipts held by such holders, in any manner that the Depositary and the Company may deem equitable and practicable for accomplishing such distribution. The Depositary shall not make any distribution of securities to the holders of Receipts unless the Company shall have provided to the Depositary an opinion of counsel stating that such securities have been registered under the Securities Act or do not need to be registered. If in the opinion of the Depositary such distribution cannot be made proportionately among such record holders, or if for any other reason (including any requirement that the Company or the Depositary withhold an amount on account of taxes) the Depositary deems, after consultation with the Company, such distribution not to be feasible, the Depositary may, with the approval of the Company, adopt such method as it deems equitable and practicable for the purpose of effecting such distribution, including the sale (at public or private sale) of the property thus received, or any part thereof, at such place or places and upon such terms as it may deem proper. The net proceeds of any such sale shall be, subject to Sections 3.01 and 3.02, distributed or made available for distribution, as the case may be, by the Depositary to record holders of Receipts as provided by Section 4.01 in the case of a distribution received in cash.

  • No Distributions Make any Distribution except Permitted Distributions.

  • Liquidating Distributions Notwithstanding anything to the contrary in this Article VII or in Section 8.3 of the Master Agreement, upon the sale of the Property or the dissolution and liquidation of the Series in accordance with the provisions of this Agreement and of Section 8.3 of the Master Agreement, the proceeds of liquidation of the Series or the sale of the Property will be distributed within ninety (90) days of the date of sale of the Property or the dissolution and liquidation in the following order and priority:

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