Distributions by the Company. Subject to applicable law and any limitations contained elsewhere in this Agreement, all available proceeds from the disposition of the Securities (including dividends, interest and sales proceeds) less reasonable reserves and reasonable costs of the disposition, all as determined by a Majority Interest, shall be distributed to the Members under one of the Distribution Hierarchies (the "Distribution Hierarchies") as follows:
Distributions by the Company. Subject to applicable law and any ----------------------------- limitations contained elsewhere in this Agreement, distributions of cash or other assets of the Company shall be made in the following order of priority:
Distributions by the Company. Subject to Applicable Law and any limitations contained elsewhere in this Agreement, the Board of Directors may elect from time to time to make distributions, in cash or property, to the Members in the following order of priority:
Distributions by the Company. The Company shall not purchase or set aside any sums for the purchase of, or pay any dividend or make any distribution on, any shares of its stock.
Distributions by the Company. Subject to applicable law and any limitations contained elsewhere in this Agreement, the Managers may elect from time to time to cause the Company to distribute Distributable Cash to the Economic Interest Holders, which Distributions shall be in the following order of priority:
Distributions by the Company. (a) Subject to applicable law and any limitations contained elsewhere in this Agreement (including, without limitation, Section 4.05(b)), the Management Committee (i) shall, at the time of any payment by the Members in respect of their income tax obligations attributable to their respective Membership Interests, distribute to the Members, based upon their then respective Percentage Interests, 40% (which percentage the Management Committee may from time to time hereafter, upon the unanimous vote of the Managers, adjust to reflect material changes in tax rates) of the Net Profits and (ii) may, in its sole discretion, elect from time to time to otherwise distribute Distributable Cash to the Members; provided that, except as contemplated by clause (i), (x) the Management Committee shall not make any distribution unless the Company's obligation to EXPERIAN under the $3MM Note shall have been satisfied in full and (y) subject to satisfaction of the condition set forth in preceding subclause (x), (1) for the three year period from and after the Effective Time until the third anniversary thereof, the Management Committee shall not make any distribution unless (A) the Company's obligation to FAFCO under the $25MM Note shall have been satisfied in full and (B) the Company shall have, both before and after giving effect to such distribution, operating cash balances of not less than $35,000,000 (as such amount may from time to time hereafter be adjusted in good faith by the Management Committee to reflect the average monthly expenses of the Company) and (2) for the four year period from and after the third anniversary of the Effective Time until the seventh anniversary of the Effective Time, the Management Committee shall distribute for each year of such period an amount equal to not less than one-half of the difference of (A) the Net Profits for the applicable year minus (B) any distribution made pursuant to clause (i) above for such year.
Distributions by the Company. (a) Subject to applicable law and Section 5.5(b)(x), if applicable, the Board of Managers may declare and cause the Company to pay distributions to holders of Units, but only in proportion to the number of Units held by each of them. This Section 6.1(a) shall not be amended with respect to any Member without that Member's consent.
Distributions by the Company. (A) In case the Company shall, at any time or from time to time after the initial Issue Date while any of the Notes are outstanding, by dividend or otherwise, distribute to all or substantially all holders of its outstanding shares of Common Stock (including any such distribution made in connection with a consolidation or merger in which the Company is the continuing corporation and the shares of Common Stock are not changed or exchanged), shares of its capital stock, evidences of its Indebtedness or other assets, including securities (including shares of capital stock of one or more of the Company's Subsidiaries), but excluding (i) dividends or distributions of Common Stock referred to in Section 12.3(a), (ii) any rights or warrants referred to in Section 12.3(c), (iii) dividends and distributions paid exclusively in cash referred to in this Section 12.3(d) and (iv) dividends and distributions of stock, securities or other property or assets (including cash) in connection with the reclassification, change, merger, consolidation, statutory share exchange, combination, sale or conveyance to which Section 12.4 applies (such capital stock, evidence of its indebtedness, other assets or securities being distributed hereinafter in this Section 12.3(d) called the "DISTRIBUTED ASSETS"), then, in each such case, subject to paragraphs (D) and (E) of this Section 12.3(d), the Conversion Rate shall be increased by multiplying the Conversion Rate in effect immediately prior to the close of business on the Record Date with respect to such distribution by a fraction:
Distributions by the Company. The Company has not made and is not proposing to make a distribution except out of profits available for the purpose.
Distributions by the Company. Subject to applicable law and the provisions set forth elsewhere in this Agreement with respect to mandatory and preferred Distributions to be made to Holders of the Preferred Units, the Board may elect from time to time to make Distributions from net cash flow, as set forth in this Article. All such Distributions shall be made only to the Persons who, according to the books and records of the Company, are the holders of record of the Economic Interests in respect of which such Distributions are made on the actual date of Distribution. Neither the Company nor the Board shall incur any liability for making Distributions in accordance with this Article 7, so long as such Distributions are in compliance with the terms and conditions of this Agreement.
