DISTRIBUTIONS OF DISPOSITION PROCEEDS Sample Clauses

DISTRIBUTIONS OF DISPOSITION PROCEEDS. Disposition Proceeds shall be distributed to the Partners who have positive Capital Account balances in accordance with such Partners' respective positive Capital Account balances. The Capital Account balances of all of the Partners shall be adjusted immediately after any Capital Transaction and prior to any distribution pursuant to this Section 8.4 to reflect the allocation of all profits and losses of the Partnership through the date of the event of the transaction that produces such Disposition Proceeds.
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DISTRIBUTIONS OF DISPOSITION PROCEEDS. In the event of a disposition of any assets (other than as part of a Terminating Capital Transaction), the Board shall cause the Company to (x) reinvest the Disposition Proceeds therefrom to the extent the Board elects to do so and in the amount determined by the Board to be appropriate, in its sole discretion, and (y) distribute the balance of such Disposition Proceeds not so reinvested, as follows: (a) first, to the Holders of Class A Shares, pro rata in proportion to their Cumulative Unpaid Class A Distributions until the Cumulative Unpaid Class A Distributions of all Holders of Class A Shares is reduced to zero; and (b) thereafter, to the Holders of Class A Shares, pro rata in proportion to their Class A Shares.
Sample 1
DISTRIBUTIONS OF DISPOSITION PROCEEDS. (a) As promptly as practicable after the realization of Distributable Disposition Proceeds from any Disposition (other than any Disposition in connection with a Redemption), the prior distributions pursuant to Sections 5.01 and 5.02 shall, solely for purposes of determining the amounts to be distributed to the Partners pursuant to Section 5.03(b) in connection with such Disposition and the amounts thereafter to be distributed to the Partners pursuant to Sections 5.01(a), 5.02(a)(i), (ii) and (iii), 8.02(a), 8.03(c) and(d), and 8.04(a) and the allocations thereafter of Profit and Loss pursuant to Sections 5.04(a), (b) and (c), be recomputed as follows: (i) The Aliquot Share of each prior distribution to the Partners pursuant to Sections 5.01(a)(i) and (ii), Sections 5.02(a)(i), (ii), (iii) and (iv) and Section 5.02(b) and the proviso thereto, determined as provided in the definition thereof, shall be applied in determining the distributions of Distributable Disposition Proceeds pursuant to Section 5.03(b); and (ii) The portion of each prior distribution to the Partners pursuant to Sections 5.01(a)(i) and (ii), Sections 5.02(a)(i), (ii), (iii) and (iv) and Section 5.02(b) and the proviso thereto that does not constitute the Aliquot Share thereof, determined pursuant to Section 5.03(a)(i), shall constitute the distributions to the Partners pursuant to such Sections for all purposes of the determination thereafter of the amount of "prior distributions" to the Partners under this Agreement. (b) The Distributable Disposition Proceeds from any Disposition (other than any Disposition in connection with a Redemption) shall, as promptly as practicable after the applications provided for in the determination thereof, be distributed to the Partners as follows: (i) First, to the Limited Partner until, together with the Aliquot Share of all prior distributions to the Limited Partner pursuant to Section 5.01 and Section 5.02, the Limited Partner shall have received the return of the Aliquot Share of its Capital Contribution, together with an Internal Rate of Return thereon, from the Closing Date through the date of distribution, of 14%; and (ii) Second, all remaining such Distributable Disposition Proceeds to the General Partner. (c) Notwithstanding the foregoing provisions of this Section 5.03, Distributable Disposition Proceeds shall be distributed to the Limited Partner pursuant to Section 5.03(b)(i) only to the extent that, after taking into account all the allocatio...
Sample 1

Related to DISTRIBUTIONS OF DISPOSITION PROCEEDS

  • Proceeds of Dispositions; Expenses The Debtor shall pay to the Secured Party on demand any and all expenses, including reasonable attorneys' fees and disbursements, incurred or paid by the Secured Party in protecting, preserving or enforcing the Secured Party's rights and remedies under or in respect of any of the Obligations or any of the Collateral. After deducting all of said expenses, the residue of any proceeds of collection or sale or other disposition of the Collateral shall, to the extent actually received in cash, be applied to the payment of the Obligations in such order or preference as the Secured Party may determine, proper allowance and provision being made for any Obligations not then due. Upon the final payment and satisfaction in full of all of the Obligations and after making any payments required by Sections 9-608(a)(1)(C) or 9-615(a)(3) of the Uniform Commercial Code of the State, any excess shall be returned to the Debtor. In the absence of final payment and satisfaction in full of all of the Obligations, the Debtor shall remain liable for any deficiency.

  • Distributions of Distributable Cash Except as otherwise provided in Article VII hereof, Distributable Cash for each Fiscal Year may be distributed to the Holders at such times, if any, and in such amounts as shall be determined in the sole discretion of the Trustees. In exercising such discretion, the Trustees shall distribute such Distributable Cash so that Holders that are regulated investment companies can comply with the distribution requirements set forth in Code Section 852 and avoid the excise tax imposed by Code Section 4982.

  • Distributions of Cash Flow Cash flow for each taxable year of the Company shall be distributed to the Member at such times and in such amounts as the Member shall determine.

  • Distributions of Net Cash Flow The Net Cash Flow of the Partnership for each calendar year, shall be distributed to the Partners from time to time, in the discretion of the General Partner, in accordance with the Percentage Interests of the Partners.

  • Distribution of Collateral Proceeds In the event that, following the occurrence or during the continuance of any Default or Event of Default, the Administrative Agent or any Lender, as the case may be, receives any monies in connection with the enforcement of any of the Security Documents, or otherwise with respect to the realization upon any of the Collateral, such monies shall be distributed for application as follows: (a) First, to the payment of, or (as the case may be) the reimbursement of the Administrative Agent, in its capacity as such, for or in respect of all reasonable costs, expenses, disbursements and losses which shall have been incurred or sustained by the Administrative Agent in connection with the collection of such monies by the Administrative Agent, for the exercise, protection or enforcement by the Administrative Agent of all or any of the rights, remedies, powers and privileges of the Administrative Agent under this Credit Agreement or any of the other Loan Documents or in respect of the Collateral or in support of any provision of adequate indemnity to the Administrative Agent against any taxes or liens which by law shall have, or may have, priority over the rights of the Administrative Agent to such monies; (b) Second, to all other Obligations in such order or preference as the Required Lenders may determine; provided, however, that (i) distributions shall be made (A) pari passu among Obligations with respect to the Administrative Agent’s Fee and all other Obligations and (B) with respect to each type of Obligation owing to the Lenders, such as interest, principal, fees and expenses, among the Lenders pro rata across all Tranches and (ii) the Administrative Agent may in its discretion make proper allowance to take into account any Obligations not then due and payable; (c) Third, upon payment and satisfaction in full in cash or other provisions for payment in full satisfactory to the Lenders and the Administrative Agent of all of the Obligations, to the payment of any obligations required to be paid pursuant to §9-615 of the UCC of the State of New York; and (d) Fourth, the excess, if any, shall be returned to the Borrower or to such other Persons as are entitled thereto.

  • Liquidation Proceeds Cash received in connection with the liquidation of a defaulted Mortgage Loan, whether through the sale or assignment of such Mortgage Loan, trustee’s sale, foreclosure sale, payment in full, discounted payoff or otherwise, or the sale of the related Mortgaged Property if the Mortgaged Property is acquired in satisfaction of the Mortgage Loan, including any amounts remaining in the related Escrow Account.

  • Distributions of Available Cash An amount equal to 100% of Available Cash with respect to each fiscal quarter of the Partnership shall be distributed simultaneously to the Members in proportion to their relative Percentage Interests within forty-five days after the end of such quarter.

  • Application of Net Liquidation Proceeds For all purposes under this agreement, Net Liquidation Proceeds received from a Servicer shall be allocated first to accrued and unpaid interest on the related Mortgage Loan and then to the unpaid principal balance thereof.

  • Disposition of Proceeds The Security Documents contain an assignment by the Borrower and/or the Guarantors unto and in favor of the Collateral Agent for the benefit of the Lenders of all of the Borrower’s or each Guarantor’s interest in and to their as-extracted collateral in the form of production and all proceeds attributable thereto which may be produced from or allocated to the Mortgaged Property. The Security Documents further provide in general for the application of such proceeds to the satisfaction of the Obligations described therein and secured thereby. Notwithstanding the assignment contained in such Security Documents, until the occurrence of an Event of Default, (a) the Administrative Agent and the Lenders agree that they will neither notify the purchaser or purchasers of such production nor take any other action to cause such proceeds to be remitted to the Administrative Agent or the Lenders, but the Lenders will instead permit such proceeds to be paid to the Borrower and its Subsidiaries and (b) the Lenders hereby authorize the Administrative Agent to take such actions as may be necessary to cause such proceeds to be paid to the Borrower and/or such Subsidiaries.

  • Subordinated Disposition Fee If the Advisor or an Affiliate provides a substantial amount of the services (as determined by a majority of the Independent Directors) in connection with the Sale of one or more Properties, the Advisor or an Affiliate shall receive a Subordinated Disposition Fee equal to the lesser of (i) one-half of a Competitive Real Estate Commission or (ii) 3% of the sales price of such Property or Properties. The Subordinated Disposition Fee will be paid only if Stockholders have received total Distributions in an amount equal to the sum of their aggregate Invested Capital and their aggregate Stockholders' 8% Return. To the extent that Subordinated Disposition Fees are not paid by the Company on a current basis due to the foregoing limitation, the unpaid fees will be accrued and paid at such time as the subordination conditions have been satisfied. The Subordinated Disposition Fee may be paid in addition to real estate commissions paid to non-Affiliates, provided that the total real estate commissions paid to all Persons by the Company shall not exceed an amount equal to the lesser of (i) 6% of the Contract Sales Price of a Property or (ii) the Competitive Real Estate Commission. In the event this Agreement is terminated prior to such time as the Stockholders have received total Distributions in an amount equal to 100% of Invested Capital plus an amount sufficient to pay the Stockholders' 8% Return through the Termination Date, an appraisal of the Properties then owned by the Company shall be made and the Subordinated Disposition Fee on Properties previously sold will be deemed earned if the Appraised Value of the Properties then owned by the Company plus total Distributions received prior to the Termination Date equals 100% of Invested Capital plus an amount sufficient to pay the Stockholders' 8% Return through the Termination Date. Upon Listing, if the Advisor has accrued but not been paid such Subordinated Disposition Fee, then for purposes of determining whether the subordination conditions have been satisfied, Stockholders will be deemed to have received a Distribution in the amount equal to the product of the total number of Shares outstanding and the average closing price of the Shares over a period, beginning 180 days after Listing, of 30 days during which the Shares are traded.

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