Common use of Distributions of Capital Clause in Contracts

Distributions of Capital. (a) Subject to any rights, powers, obligations, liabilities and restrictions applicable to a Class, the Trustee may determine to distribute capital to Unit Holders (or Unit Holders of a Class) in addition to any other distributions to be made to Unit Holders (or Unit Holders of that Class) in respect of a Distribution Period. (b) Subject to any rights, powers, obligations, liabilities and restrictions applicable to a Class, each Unit Holder on the Register at close of business on the date determined by the Trustee is entitled to a share of the distribution of capital: (i) pro rata to the number of Units they respectively hold as at that time; or (ii) where there are Partly Paid Units on issue, pro rata in the proportion that the total Paid Up Amounts of that Unit Holder’s Units bears to the aggregate Paid Up Amounts of all Units on issue as at that time.