Distributions of Cash from Operations Sample Clauses

Distributions of Cash from Operations. An amount equal to 100% of Available Cash with respect to any calendar quarter that is deemed to be Cash from Operations pursuant to the provisions of Section 5.3 or 5.5 shall be distributed in accordance with Section 5.7(a) as follows, except as otherwise required by Section 4.1(c) in respect of additional Partnership Securities issued pursuant thereto: (a) First, 99% to all Limited Partners, Pro Rata, and 1% to the General Partner until there has been distributed in respect of each Unit Outstanding as of the last day of such quarter an amount equal to the Minimum Quarterly Distribution; (b) Second, 99% to all Limited Partners, Pro Rata, and 1% to the General Partner until there has been distributed in respect of each Unit Outstanding as of the last day of such quarter an amount equal to the excess of the First Target Distribution over the Minimum Quarterly Distribution; (c) Third, 85.8673% to all Limited Partners, Pro Rata, and 14.1327% to the General Partner until there has been distributed in respect of each Unit Outstanding as of the last day of such quarter an amount equal to the excess of the Second Target Distribution over the First Target Distribution: (d) Fourth, 75.7653% to all Limited Partners, Pro Rata, and 24.2347% to the General Partner until there has been distributed in respect of each Unit Outstanding as of the last day of such quarter an amount equal to the excess of the Third Target Distribution over the Second Target Distribution; and

Distributions of Cash from Operations. Except as otherwise agreed to by the General Partner, Cash From Operations remaining after the Distribution of the Limited Partner Preferred Return to the Limited Partner pursuant to SECTION 5.2.1 shall be distributed to the General Partner at the same time as the Limited Partner Preferred Return.

Distributions of Cash from Operations. Subject to Section 17-607 of the Delaware Act, Available cash with respect to any Quarter that is deemed to be Cash from Operations shall be distributed, except as otherwise required by Section 5.6 in respect of any period in which Class B Units are outstanding, to the Unitholders, Pro Rata.

Distributions of Cash from Operations. Subject to the requirements and covenants of any lender to the Partnership or Project and the maintaining of a reserve for expenses which the General Partner deems reasonably necessary to satisfy anticipated obligations, contingent liabilities and capital reserves, the Cash Flow of the Partnership from the operation of the Project shall be distributed at such times as deemed appropriate by the General Partner, but not more than semi-annually, in the following order of priority: (a) Payment of all operating expenses of the Partnership and the Project (on a customary and reasonable basis) including, without limitation, the management fee under the terms of the Management Agreement; (b) Payment of debt service on construction loan for the Project or permanent loan for the Project; or (c) Payment of debt service on any working capital loan for the Project. (including, without limitation, any loans to the General Partner in accordance with Section 5.5 hereof) any guarantee fees, and/or subordinated loans from any lender, including, without limitation, the General Partner or its affiliates; (d) Payment of a non-compounding accumulated preferred return on any Unrecovered Capital Contributions, compensating balances or cash collateral accounts made or funded by the General Partner, as the case may be, equal to 15% per annum, less the amount of any interest received by the General Partner on such compensating balances or cash collateral accounts; (e) Thereafter, to the Partners in accordance with the percentage interests set forth in Section 5.1 as such percentages may change from time to time in accordance with the terms of this Agreement.

Distributions of Cash from Operations. Subject to Section 7.5 and Section 8.2, Distributable Cash generated by the normal business operations of the Company (as distinguished from a Capital Event) shall be distributed among the Members in accordance with the following order of priority: (a) First, to those Members with positive Adjusted Capital Contributions, in accordance with the ratio of their Adjusted Capital Contributions, until no Member has a positive Adjusted Capital Contribution. (b) Thereafter, to the Members pro rata in accordance with their respective Percentage Interests.

Distributions of Cash from Operations and Additional Senior Units Section 5.5 Distributions of Cash from Interim Capital Transactions Section 5.6

Distributions of Cash from Operations. (a) The Board of Directors has the authority to retain and reinvest the cash from the Company’s operations and dispositions of the Company’s assets. The Board of Directors shall direct the officers of the Company to make good faith efforts to collect the accounts receivable of the Company. Except as otherwise set forth in this Agreement, distributions to Members of Distributable Cash or other assets shall be made only at such times and in such amounts as authorized by a majority of the Board of Directors, and other than as set forth in this Agreement, the Board of Directors shall have no obligation or duty to distribute Distributable Cash or other assets to the Members prior to the dissolution and liquidation of the Company; provided, however, that the Board of Directors shall distribute cash to pay in full Tax Distributions in accordance with Section 5.01(c). (b) Any distributions (other than distributions upon a dissolution of the Company pursuant to Section 17.01, which shall be made in accordance with Section 17.02(b)), shall be made to the holders of Class A Units and Class B Units pro rata in proportion to the number of such Units held by each Member; provided, however, that no distribution shall be made in respect of a Class B Unit until the Participation Threshold applicable to such Class B Unit (determined pursuant to Section 3.03(b)(ii)) has been satisfied. Notwithstanding the foregoing, any distribution otherwise payable with respect to a Class B Unit that is not a vested Unit shall be retained by the Company and, either, (i) once such Class B Unit is vested, distributed to the holder of such Class B Unit or (ii) if such Class B Unit is forfeited, distributed in accordance with the preceding sentence. (c) In one or more installments and no later than February 28th following each fiscal year of the Company, to the extent there is Distributable Cash, the Company shall distribute to each Member (including holders of Class B Units (whether vested or not vested)) an aggregate amount of cash (the “Estimated Tax Distribution”) equal to (i) the highest effective marginal federal and state income tax rate applicable to Persons who are Members or who beneficially own Units through their ownership in a Member (taking into account the character of the taxable income allocable to the applicable Member for the applicable year and the deductibility of state taxes against federal income) (the “Tax Rate”), multiplied by (ii) the estimated amount of such Member’s...

Distributions of Cash from Operations. Available Cash that is deemed to be Cash from Operations pursuant to the provisions of Section 5.3 or 5.5 shall be distributed as follows: (a) First, 98.000001% to all Limited Partners, in accordance with their respective Percentage Interest, and 1.999999% to the General Partner until there has been distributed in respect of each LP Unit then Outstanding an amount equal to the Minimum Quarterly Distribution; (b) Second, 85.002627% to all Limited Partners, in accordance with their respective Percentage Interest, and 14.997373% to the General Partner until there has been distributed in respect of each LP Unit then Outstanding an amount equal to the First Target Distribution; and (c) Thereafter, 75.004647% to all Limited Partners, in accordance with their respective Percentage Interests, and 24.995353% to the General Partner. Provided, however, if the Minimum Quarterly Distribution and the First Target Distribution have been reduced to zero pursuant to Section 5.7(a)(ii), then distributions of Available Cash constituting Cash from Operations with respect to any quarter will be made 98.000001% to all Limited Partners in accordance with their respective Percentage Interest and 1.999999% to the General Partner until there has been distributed in respect of each LP Unit then outstanding Cash from Operations since Partnership Inception equal to the Minimum Quarterly Distribution (as from time to time adjusted) for all periods since Partnership Inception, and thereafter in accordance with Section 5.4(c) above.

Distributions of Cash from Operations. Before January 1, 2029, Available Cash from Operations, if any, shall be distributed by the Company to the Members at such times as determined by the Manager. Before January 1, 2029, and except for any distributions pursuant to Sections 5.4 or 5.5 or as otherwise provided herein, such amount apportioned to each Member shall be distributed to the Members as follows: (a) first, to the Class A Members in respect of each Class A Member’s accrued and unpaid Class A Preferred Return in the proportion that each such Member’s accrued and unpaid Class A Preferred Return bears to the sum of all of the Class A Member’s accrued and unpaid Class A Preferred Returns; and (b) thereafter, to the Members in proportion to their respective Percentage Interests.

Distributions of Cash from Operations. Available Cash with respect to any calendar quarter that is deemed to be Cash from Operations pursuant to the provisions of Section 5.3 or 5.5 shall be distributed as follows, except as otherwise required in respect of additional Partnership Securities issued pursuant to Section 4.2(b): (a) First, 99% to the Limited Partners holding Common Units, in the proportion that the number of Common Units held by each such Limited Partner bears to the total number of Common Units Outstanding as of the last day of such quarter, and 1% to the General Partners, in accordance with their relative General Partner Percentage Interests, until there has been distributed in respect of each Common Unit Outstanding as of the last day of such quarter an amount equal to the Minimum Quarterly Distribution; (b) Second, 99% to the Limited Partners holding Common Units, in the proportion that the number of Common Units held by each such Limited Partner bears to the total number of Common Units Outstanding as of the last day of such quarter, and 1% to the General Partners, in accordance with their relative General Partner Percentage Interests, until there has been distributed in respect of each Common Unit Outstanding as of the last day of such quarter an amount equal to the Cumulative Common Unit Arrearage, if any, existing with respect to such quarter; (c) Third, 99% to the Partners holding Subordinated Units, in the proportion that the number of Subordinated Units held by each such Partner bears to the total number of Subordinated Units Outstanding as of the last day of such quarter, and 1% to the General Partners, in accordance with their relative General Partner Percentage Interests, until there has been distributed in respect of each Subordinated Unit Outstanding as of the last day of such quarter an amount equal to the Minimum Quarterly Distribution; (d) Fourth, 99% to all Limited Partners holding Units, in the proportion that the total number of Units held by each such Limited Partner bears to the total number of Units Outstanding as of the last day of such quarter, and 1% to the General Partners, in accordance with their relative General Partner Percentage Interests, until there has been distributed in respect of each Unit Outstanding as of the last day of such quarter an amount equal to the excess of the First Target Distribution over the Minimum Quarterly Distribution; (e) Fifth, 85.8673% to all Limited Partners holding Units, in the proportion that the total number of Unit...