Common use of Distributions in Cash or in Kind Clause in Contracts

Distributions in Cash or in Kind. Upon dissolution, the Members, their successors or other representatives may in their sole discretion (a) liquidate all or a portion of the Company assets and apply the proceeds of such liquidation as set forth in Section 10.02 hereof or (b) determine the value of any Company assets not sold or otherwise disposed of (including, if they so determine, hiring an appraiser), and any unrealized gain or loss shall be allocated in the same manner such item would have been allocated pursuant to Sections 5.03 or 5.04 as though the properties in question had been sold on the date of distribution and, after giving effect to any such adjustment, distribute said assets in the proportions set forth in Section 10.02 hereof; provided, that, the Members shall in good faith attempt to liquidate sufficient Company assets to satisfy in cash the debts and liabilities (foreseen, contingent or otherwise) set forth in Sections 10.02(a) and (b) hereof.

Distributions in Cash or in Kind. Upon dissolution, the Members, their successors or other representatives may in their sole discretion (a) liquidate all or a portion of the Company assets and apply the proceeds of such liquidation as set forth in Section 10.02 9.2 hereof or (b) determine the value of any Company assets not sold or otherwise disposed of (including, if they so determine, hiring an appraiser, in which event the cost of such appraisal shall be considered a debt of the Company), and allocate any unrealized gain or loss shall be allocated in based on such value to the same manner such item would have been allocated pursuant to Sections 5.03 or 5.04 Members' accounts as though the properties in question had been sold on the date of distribution and, after giving effect to any such adjustment, distribute said assets in the proportions set forth in Section 10.02 a manner consistent with Article V hereof; provided, that, provided that the Members shall in good faith attempt to liquidate sufficient Company assets to satisfy in cash the debts and liabilities (foreseen, contingent or otherwise) set forth in Sections 10.02(a9.2(a) and (b9.2(b) hereof.