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 Distributable Cash. Within 40 days following the end of each Quarter commencing with the Quarter that includes the IPO Date, the Partnership shall distribute to the Partners pro rata in accordance with their respective Percentage Interests an amount equal to 100% of Distributable Cash. Notwithstanding any other provision of this Agreement, the Partnership shall not make a distribution to any Partner on account of its interest in the Partnership if such distribution would violate the Delaware Act or other Applicable Law.
Distributions of Distributable Cash. Except as otherwise provided in this Section 6.1 or Sections 6.2 and 6.3, the Partnership shall distribute the Distributable Cash with respect to a Quarter within 45 days following the end of each Quarter commencing with the Quarter that includes the Effective Date as follows:
(a) First, to the Partners in proportion to, and to the extent of, an amount equal to the excess, if any, of (i) the cumulative amount of the Excess Capital Priority Return, if any, accrued during the period from and including the Effective Date to but excluding the last day of such Quarter, over (ii) the cumulative amount of Distributable Cash previously distributed to such Partner pursuant to this Section 6.1(a); and
(b) Second, to the Partners pro rata in accordance with their respective Percentage Equity Interests. The General Partner may also cause the Partnership to distribute cash to the Partners at such other times and in such amounts as it determines in its sole discretion so long as (i) the amount distributed does not exceed the then Distributable Cash of the Partnership determined as if the date of such distribution were the end of a Quarter and (ii) such cash is distributed in accordance with Section 6.1(b). Notwithstanding any other provision of this Agreement, the Partnership shall not make a distribution or redemption payment to the Partners on account of their interests in the Partnership if such distribution or redemption payment would violate the Act or other Applicable Law.
Distributions of Distributable Cash. Each distribution of Distributable Cash shall be made to the Members as follows:
(A) first, sixty percent to the Initial Member and forty percent to the Private Owner, until the time at which the First Incentive Threshold Event occurs; and
(B) thereafter, sixty-five percent to the Initial Member and thirty-five percent to the Private Owner, until the time at which the Second Incentive Threshold Event occurs; and
(C) thereafter, seventy percent to the Initial Member and thirty percent to the Private Owner. For the avoidance of doubt, distributions to the Members occurring on the Distribution Date on which any of the First Incentive Threshold Event or the Second Incentive Threshold Event occurs shall, (x) with respect to all distributions up to the amount required for reaching such First Incentive Threshold Event or Second Incentive Threshold Event, as applicable, be allocated without regard to the occurrence of such First Incentive Threshold Event or Second Incentive Threshold Event, as applicable, and (y) with respect to all remaining distributions on such Distribution Date, be allocated taking into account the occurrence of such First Incentive Threshold Event or Second Incentive Threshold Event, as applicable.
Distributions of Distributable Cash. Each distribution of Distributable Cash will be made to the Members as follows: 80.0% to the Initial Member and 20.0% to the Private Owner.
Distributions of Distributable Cash. Each distribution of Distributable Cash shall be made to the Members as follows:
(A) first, sixty percent (60%) to the Initial Member and forty percent (40%) to the Private Owner, until the time at which the Incentive Threshold Event occurs; and
(B) thereafter, seventy percent (70%) to the Initial Member and thirty percent (30%) to the Private Owner. For the avoidance of doubt, distributions to the Members occurring on the Distribution Date on which the Incentive Threshold Event occurs shall, (x) with respect to all distributions up to the amount required for reaching such Incentive Threshold Event, be allocated without regard to the occurrence of such Incentive Threshold Event, and (y) with respect to all remaining distributions on such Distribution Date, be allocated taking into account the occurrence of such Incentive Threshold Event.
Distributions of Distributable Cash. Except as provided in Sections 4.4 and 4.5, all distributions of Distributable Cash shall be made to the Members in the following order of priority:
(a) First, to Members holding Convertible Preferred Units, in proportion to, and up to amounts equal to, the Unpaid Preferred Returns of each such Member, if any;
(b) Second, to Members holding Convertible Preferred Units in proportion to, and up to amounts equal to, the Unpaid Preferred Contributions of each such Member, if any;
(c) Third, to the Members holding Common Units and/or Profits Interest Units, in proportion to, and up to amounts equal to, the positive Capital Account balances of each such Member; and
(d) Thereafter, to the Members holding Common Units and/or Profits Interest Units, in proportion to the respective number of such Units held by each such Member.2
Distributions of Distributable Cash. Subject to Section 8.3(d), Distributable Cash with respect to a Disposition of all or a portion of a Pool shall be distributed to the Members at such times as the Manager deems appropriate in its sole discretion but in any event within 10 business days after receipt thereof by the Company provided that Distributable Cash representing the scheduled payment of principal or interest on Assets included in a Pool and/or the payment of interest on temporary investments will be retained by the Manager and distributed to the Members monthly. Distributable Cash received by the Company with respect to a Pool shall be distributed in the following amounts and order of priority among the Members in proportion to their respective Sharing Percentages (determined at a time immediately prior to such distribution) with respect to the Pool generating such Distributable Cash:
(i) First, the portion of each Member's Sharing Percentage of such distribution shall be distributed to such Member to the extent required so that such Member has been distributed an amount equal to such Member's unreturned Capital Contributions (determined immediately prior to such distribution) allocable to such Pool (each such distribution reducing such Member's unreturned Capital Contributions attributable to such Pool by the amount so distributed);
(ii) Second, the portion of each Member's Sharing Percentage of such distribution remaining after the application made to such Member pursuant to clause (i) shall be distributed to such Member to the extent required so that such Member has been distributed an amount equal to such Member's unreturned Capital Contributions used to fund any expenses which are not directly allocable to any Pool;
(iii) Third, the portion of each Member's Sharing Percentage of such distribution remaining after the application made to such Member pursuant to clauses (i) and (ii) shall be distributed to such Member to the extent required so that the cumulative amount distributed to such Member under this clause (iii) in the current Fiscal Year and all prior Fiscal Years equals a 13% per annum rate of return on all Capital Contributions made by such Member allocable to such Pool (or otherwise referred to in clause (ii)), in each case accruing from the date on which such Member actually made such Capital Contributions;
(iv) Fourth, the portion of such Member's Sharing Percentage of such distribution remaining after the foregoing applications shall be distributed 70% to the Manager ...
Distributions of Distributable Cash. The Company shall make distributions of Distributable Cash to the Members from time to time in the discretion of the Management Committee, which distributions shall be made to the Members in accordance with their respective Percentage Interests.
Distributions of Distributable Cash. Within forty (40) days following the end of each Quarter, the Company shall distribute to the Members an amount equal to 100% of Distributable Cash in the following order of priority:
(a) First, to the Preferred Member, to the least extent necessary to reduce its Unpaid Preferred Return Balance to zero.
(b) Thereafter, to the Common Members in accordance with their respective Percentage Interests. Notwithstanding any other provision of this Agreement, the Company shall not make a distribution to any Member on account of its interest in the Company if such distribution would violate the Delaware Act or other Applicable Law.
