Distributions of Available Cash from Capital Surplus. Available Cash that is deemed to be Capital Surplus pursuant to the provisions of Section 6.3(a) shall, subject to Section 17-607 of the Delaware Act, be distributed, unless the provisions of Section 6.3 require otherwise, as follows:
Appears in 10 contracts
Samples: Merger Agreement (Atlas Resource Partners, L.P.), www.lw.com, Atlas Resource Partners, L.P.
Distributions of Available Cash from Capital Surplus. Subject to Section 17-607 of the Delaware Act, Available Cash with respect to any Quarter ending on or after the Xxxxxxxxxxxx Closing Date that is deemed to be Capital Surplus pursuant to the provisions of Section 6.3(a) shall, subject to Section 17-607 of the Delaware Act, shall be distributeddistributed as follows, unless the provisions of Section 6.3 require otherwise, as follows:
Appears in 3 contracts
Samples: Agreement (Westmoreland Resource Partners, LP), Contribution Agreement (WESTMORELAND COAL Co), Agreement
Distributions of Available Cash from Capital Surplus. Available Cash that is deemed to be Capital Surplus pursuant to the provisions of Section 6.3(a) shall, subject to Section 1718-607 of the Delaware Act, be distributed, unless the provisions of Section 6.3 require otherwise, be distributed as follows:
Appears in 3 contracts
Samples: Class D Unit and Common Unit Purchase Agreement (Atlas Energy Resources, LLC), Operating Agreement (Atlas Energy Resources, LLC), Operating Agreement (Atlas Resources Public #16-2007 (A) L.P.)
Distributions of Available Cash from Capital Surplus. Subject to § 5.08, Available Cash that is deemed to be Capital Surplus pursuant to the provisions of Section 6.3(a§ 5.04(a) shall, subject to Section 17-607 of the Delaware Act, be distributed, unless the provisions of Section 6.3 § 5.04 require otherwise, as follows:
Appears in 2 contracts
Samples: Partnership Agreement (Atlas Growth Partners, L.P.), Atlas Growth Partners, L.P.
Distributions of Available Cash from Capital Surplus. Subject to Section 17-607 of the Delaware Act, Available Cash with respect to any Quarter ending on or after the IPO Closing Date that is deemed to be Capital Surplus pursuant to the provisions of Section 6.3(a) shall, subject to Section 17-607 of the Delaware Act, shall be distributeddistributed as follows, unless the provisions of Section 6.3 require otherwise, as follows:
Appears in 1 contract
Distributions of Available Cash from Capital Surplus. Subject to § 5.10, Available Cash that is deemed to be Capital Surplus pursuant to the provisions of Section 6.3(a§ 5.04(a) shall, subject to Section 17-607 of the Delaware Act, be distributed, unless the provisions of Section 6.3 § 5.04 require otherwise, as follows:
Appears in 1 contract
Samples: Partnership Agreement (Atlas Growth Partners, L.P.)
Distributions of Available Cash from Capital Surplus. Available Cash that is deemed to be Capital Surplus pursuant to the provisions of Section 6.3(a6.03(a) shall, subject to Section 17-607 of the Delaware Act, be distributed, unless the provisions of Section 6.3 require otherwise, distributed as follows:
Appears in 1 contract
Samples: OSG America L.P.
Distributions of Available Cash from Capital Surplus. Available Cash with respect to any Quarter that is deemed to be Capital Surplus pursuant to the provisions of Section 6.3(a) 6.3 shall, subject to Section 17-607 of the Delaware Act, be distributeddistributed as follows, unless the provisions of Section 6.3 require otherwise, as follows:
Appears in 1 contract
Samples: Genesis Energy Lp
Distributions of Available Cash from Capital Surplus. Available Cash that is deemed to be Capital Surplus pursuant to the provisions of Section 6.3(a) shall, subject to Section 17-607 of the Delaware Act, be distributed, unless the provisions of Section 6.3 require otherwise, as follows:provisions
Appears in 1 contract
Samples: U.S. Shipping Partners L.P.
Distributions of Available Cash from Capital Surplus. Available Cash that is deemed to be Capital Surplus pursuant to the provisions of Section 6.3(a) shall, subject to Section 17-607 of the Delaware ActAct and Section 6.8, be distributed, unless the provisions of Section 6.3 require otherwise, as follows:
Appears in 1 contract
Samples: Atlas Growth Partners, L.P.