Distributions — General Principles and Definitions Sample Clauses

Distributions — General Principles and Definitions. (a) Except as otherwise expressly provided in this Article IV or in Article VII of this Agreement or as permitted under the Act, no Partner shall have the right to withdraw capital from the Partnership or to receive any distribution or return of any capital contribution. Notwithstanding any provision to the contrary contained in this Agreement, the Partnership shall not be required to make a distribution to a Partner on account of such Partner’s interest in the Partnership if such distribution would violate the Act or any other applicable law. (b) Distributions pursuant to this Article IV may be made in cash or in Securities, provided that distributions of Carried Interest Proceeds and Capital Proceeds shall be made to the extent practicable in the same form and proportions as such Carried Interest Proceeds and Capital Proceeds are received by the Partnership from the Fund. Distributions of Securities shall be made in the same manner as if cash in an amount equal to the Fair Market Value of such Securities were to be distributed. Distributions consisting of both cash and Securities shall be made, to the extent practicable, in the same proportions of cash and Securities to each Partner receiving such distributions. To the extent practicable, distributions consisting of or including Securities shall be made in a manner such that each Partner entitled to receive such a distribution shall receive Securities with the same rights attendant thereto (including registration, voting and anti-dilution rights) as the other Partners receiving such Securities in any concurrent distribution.
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Distributions — General Principles and Definitions. (a) Except as otherwise expressly provided in this Article 4 or in Article 7, no Member shall have the right to withdraw capital from the Company or to receive any distribution or return of his Capital Contribution. (b) Distributions pursuant to this Article 4 shall be made in cash, provided, however, that distributions may be made in property other than cash if such distributions are being made by the Company as a result of its receipt of property other than cash as a distribution from NorthWestern Capital with respect to the Stock. Any such distributions in property other than cash shall be distributed to the Members entitled thereto in the same proportions as if such distribution were in cash. Such assets shall be valued at their then fair market value as reasonably determined by the Managing Member. (c) Subject to Section 4.2, available cash and property shall be distributed at such times and in such amounts as determined in the reasonable discretion of the Managing Member. The Managing Member shall determine the amount of any distribution in accordance with the terms set forth herein and, subject to Sections 3.4 and 10.1, such determination shall be final and binding upon the Members and each if their heirs, successors and assigns, and on any person or entity claiming an interest in or through each such Member hereunder.
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Related to Distributions — General Principles and Definitions

  • Definitions Principles of Construction Section 1.1. Definitions 1 Section 1.2. Principles of Construction 16

  • Construction and Definitions Unless defined below or otherwise in this Annex A, all of the capitalized terms used in this Annex A shall have the meanings assigned to them in this Agreement:

  • Principles of Interpretation and Definitions (1) The singular includes the plural and the plural the singular. The pronouns “it” and “its” include the masculine and feminine. References to statutes or regulations include all statutory or regulatory provisions consolidating, amending, or replacing the statute or regulation. References to contracts and agreements shall be deemed to include all amendments to them. The words “include,” “including,” etc. mean include, including, etc. without limitation. (2) References to a “Section” or “section” shall mean a section of this contract. (3) “Contract” and “Agreement,” whether or not capitalized, refer to this instrument. (4) “Duties” includes obligations.

  • Other Definitional Provisions and Rules of Construction A. Any of the terms defined herein may, unless the context otherwise requires, be used in the singular or the plural, depending on the reference.

  • Basic Lease Provisions and Definitions In addition to other terms elsewhere defined in this Lease, the following terms whenever used in this Lease should have only the meanings set forth in this Preamble, unless such meanings are expressly modified, limited or expanded elsewhere herein.

  • Certain Interpretive Matters and Definitions Unless the context otherwise requires, (i) all references to Sections, Articles or Schedules are to Sections, Articles or Schedules of or to this Agreement, (ii) each term defined in this Agreement has the meaning assigned to it, (iii) ”or” is disjunctive but not necessarily exclusive, (iv) words in the singular include the plural and vice versa, (v) words of any gender include each other gender; the terms “hereof,” “herein,” “hereby” and derivative or similar words refer to this entire Agreement, (vi) the word “including” and similar terms following any statement will not be construed to limit the statement to matters listed after such word or term, whether or not a phrase of nonlimitation such as “without limitation” is used. All references to “$” or dollar amounts will be to lawful currency of the United States of America. Any representation or warranty contained herein as to the enforceability of a contract shall be subject to the effect of any bankruptcy, insolvency, reorganization, moratorium or other similar law affecting the enforcement of creditors’ rights generally and to general equitable principles (regardless of whether such enforceability is considered in a proceeding in equity or at law).

  • Interpretations and Definitions 2.01 For the purpose of this Agreement:

  • Definitions and Rules of Construction 1.1 Unless otherwise defined herein, the following capitalized terms shall have the following meanings:

  • Interpretation and Definitions 2.01 For the purpose of this Agreement:

  • Special Rules and Definitions The following additional rules and definitions apply in implementing the due diligence procedures described above:

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