Common use of Distributions of Available Cash from Capital Surplus Clause in Contracts

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 be distributed, unless the provisions of Section 6.3 require otherwise and subject to Article V with respect to the Preferred Units, 100% to the General Partner and the Unitholders, Pro Rata, until the Minimum Quarterly Distribution has been reduced to zero pursuant to the second sentence of Section 6.6(a). Available Cash that is deemed to be Capital Surplus shall then be distributed to the General Partner in accordance with its Percentage Interest. Thereafter, all Available Cash shall be distributed as if it were Operating Surplus and shall be distributed in accordance with Section 6.4.

Appears in 5 contracts

Samples: Purchase Agreement (NGL Energy Partners LP), Purchase Agreement (NGL Energy Partners LP), Partnership Agreement (NGL Energy Partners LP)

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Distributions of Available Cash from Capital Surplus. Available Cash that is deemed to be Capital Surplus pursuant to the provisions of Section 6.3(a6.2(a) shall shall, subject to Section 51 of the Xxxxxxxx Islands Act and subject to the provisions in respect of Series A Preferred Units, be distributed, unless the provisions of Section 6.3 6.2 require otherwise and subject to Article V with respect to the Preferred Unitsotherwise, 100% to the General Partner and the Unitholders (other than Series A Preferred Unitholders, ) Pro Rata, until the Minimum Quarterly Distribution has been is reduced to zero pursuant to the second sentence of Section 6.6(a). Available Cash that is deemed to be Capital Surplus shall then be distributed to the General Partner in accordance with its Percentage Interest6.5. Thereafter, and subject to Section 5.11(c)(i), all Available Cash shall be distributed as if it were Operating Surplus and shall be distributed in accordance with Section 6.46.3.

Appears in 5 contracts

Samples: Series a Preferred Unit Purchase Agreement (KNOT Offshore Partners LP), Registration Rights Agreement (KNOT Offshore Partners LP), KNOT Offshore Partners 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(a6.1(a) shall shall, subject to Section 51 of the Xxxxxxxx Islands Act, be distributed, unless the provisions of Section 6.3 6.1 require otherwise and subject to Article V with respect to the Preferred Unitsotherwise, 100% to the General Partner and the Unitholders, Unitholders Pro Rata, until the Minimum Quarterly Distribution has been is reduced to zero pursuant to the second sentence of Section 6.6(a). Available Cash that is deemed to be Capital Surplus shall then be distributed to the General Partner in accordance with its Percentage Interest6.4. Thereafter, all Available Cash shall be distributed as if it were Operating Surplus and shall be distributed in accordance with Section 6.46.2.

Appears in 3 contracts

Samples: Exchange Agreement (Golar LNG Partners LP), Golar LNG Partners LP, www.lw.com

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 be distributed, unless the provisions of Section 6.3 require otherwise and subject otherwise, (a) to Article V with respect to the Preferred Units, 100% to the General Partner and the Unitholders, Pro Rata, until the Minimum Quarterly Distribution has been reduced to zero pursuant to the second sentence of Section 6.6(a). Available Cash that is deemed ; and (b) then to be Capital Surplus shall all Unitholders holding Common Units, Pro Rata, until there has been distributed in respect of each Common Unit then be distributed Outstanding an amount equal to the General Partner in accordance with its Percentage InterestCumulative Common Unit Arrearage. Thereafter, all Available Cash shall be distributed as if it were Operating Surplus and shall be distributed in accordance with Section 6.4.

Appears in 2 contracts

Samples: www.lw.com, PennTex Midstream Partners, 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(a6.2(a) shall shall, subject to Section 51 of the Xxxxxxxx Islands Act, Section 16.3 in respect of Series A Preferred Units and Section 17.3 in respect of Series B Preferred Units, be distributed, unless the provisions of Section 6.3 Sections 6.1 and 6.2 require otherwise and subject to Article V with respect to the Preferred Unitsotherwise, 100% to the General Partner and the Unitholders (other than the Preferred Unitholders, ) Pro Rata, until the Minimum Quarterly Distribution has been is reduced to zero pursuant to the second sentence of Section 6.6(a). Available Cash that is deemed to be Capital Surplus shall then be distributed to the General Partner in accordance with its Percentage Interest6.5. Thereafter, all Available Cash shall be distributed as if it were Operating Surplus and shall be distributed in accordance with Section 6.46.3.

Appears in 1 contract

Samples: Dynagas LNG Partners 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(a6.2(a) shall shall, subject to Section 51 of the Xxxxxxxx Islands Act, Section 16.3 in respect of Series A Preference Units, Section 17.3 in respect of Series B Preference Units and Section 18.3 in respect of Series C Preference Units, be distributed, unless the provisions of Section 6.3 6.2 require otherwise and subject to Article V with respect to the Preferred Unitsotherwise, 100% to the General Partner and the Unitholders (other than the Preference Unitholders, ) Pro Rata, until the Minimum Quarterly Distribution has been is reduced to zero pursuant to the second sentence of Section 6.6(a). Available Cash that is deemed to be Capital Surplus shall then be distributed to the General Partner in accordance with its Percentage Interest6.5. Thereafter, all Available Cash shall be distributed as if it were Operating Surplus and shall be distributed in accordance with Section 6.46.3.

Appears in 1 contract

Samples: GasLog Partners LP

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Distributions of Available Cash from Capital Surplus. Available Cash that is deemed to be Capital Surplus pursuant to the provisions of Section 6.3(a6.1(a) shall shall, subject to Section 51 of the Xxxxxxxx Islands Act and Section 16.3 in respect of Series A Preferred Units, be distributed, unless the provisions of Section 6.3 6.1 require otherwise and subject to Article V with respect to the Preferred Unitsotherwise, 100% to the General Partner and the Unitholders, Common Unitholders Pro Rata, until the Minimum Quarterly Distribution has been is reduced to zero pursuant to the second sentence of Section 6.6(a). Available Cash that is deemed to be Capital Surplus shall then be distributed to the General Partner in accordance with its Percentage Interest6.4. Thereafter, and subject to Section 16.3, all Available Cash shall be distributed as if it were Operating Surplus and shall be distributed in accordance with Section 6.46.2.

Appears in 1 contract

Samples: Golar LNG Partners 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(a6.2(a) shall shall, subject to Section 51 of the Xxxxxxxx Islands Act, Section 16.3 in respect of Series A Preference Units, Section 17.3 in respect of Series B Preference Units and Section 18.3 in respect of Series C Preference Units, be distributed, unless the provisions of Section 6.3 6.2 require otherwise and subject to Article V with respect to the Preferred Unitsotherwise, 100% to the General Partner and the Unitholders (other than the Preference Unitholders, ) Pro Rata, until the Minimum Quarterly Distribution has been is reduced to zero pursuant to the second sentence of Section 6.6(a). Available Cash that is deemed to be Capital Surplus shall then be distributed to the General Partner in accordance with its Percentage Interest6.5. Thereafter, all Available Cash shall be distributed as if it were Operating Surplus and shall be distributed in accordance with Section 6.46.3 (and subject to Section 6.6(b)).

Appears in 1 contract

Samples: GasLog Partners 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(a6.2(a) shall shall, subject to Section 51 of the Xxxxxxxx Islands Act, Section 16.3 in respect of Series A Preference Units and Section 17.3 in respect of Series B Preference Units, be distributed, unless the provisions of Section 6.3 6.2 require otherwise and subject to Article V with respect to the Preferred Unitsotherwise, 100% to the General Partner and the Unitholders (other than the Preference Unitholders, ) Pro Rata, until the Minimum Quarterly Distribution has been is reduced to zero pursuant to the second sentence of Section 6.6(a). Available Cash that is deemed to be Capital Surplus shall then be distributed to the General Partner in accordance with its Percentage Interest6.5. Thereafter, all Available Cash shall be distributed as if it were Operating Surplus and shall be distributed in accordance with Section 6.46.3.

Appears in 1 contract

Samples: GasLog Partners LP

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