Distributions of Distributable Cash from Operations Sample Clauses

Distributions of Distributable Cash from Operations. A. The investment or reinvestment by the Partnership of Available Cash from Operations or Distributable Cash from Operations, other than in temporary money market or government securities, is prohibited, except that until the Capital Contributions of the Partners or the proceeds of any Financing have been invested or committed for investment, or have been returned to the Partners, as provided in Section 3.4, any Available Cash from Operations for any fiscal period of the Partnership in excess of the Federal Tax Allowance for such period may be invested in Media Properties and/or applied to any purpose described in Section 3.4A(1) through (5). Media Properties acquired pursuant to this Section 4.1A, together with additional Media Properties consisting of new or replacement lines of business referred to in subparagraphs (1) and (2) of the Second Paragraph of Section 4.2A, are referred to as "Additional Acquisitions". B. All Distributable Cash from Operations for each fiscal quarter of the Partnership shall, subject to the provisions of Section 6.2B, be distributed within 45 days after the close of such quarter, as follows: (1) first, to the Partners, pro rata in proportion to their Capital Contributions (that is 99% to the Limited Partners, as a class, and 1% to the General Partner) until the Limited Partners, as a class, shall have received, from distributions then or theretofore made pursuant to this Section 4.1B or Section 4.2B, an amount equal to an aggregate return (the "Return") of 7% per annum, cumulative but not compounded, on the weighted average daily amount of their Adjusted Capital Contributions from the first day of the first quarter commencing after the final Closing through the date of first making distributions pursuant to either Section 4.1B(3) or Section 4.2B(3); (2) second, to the Partners, pro rata in proportion to their Capital Contributions (that is, 99% to the Limited Partners, as a class, and 1% to the General Partner), until the Limited Partners, as a class, shall have received, from distributions then or theretofore made pursuant to this Section 4.1B or Section 4.2B, an amount equal to the amount of their Capital Contributions together with the Return described in clause (1) above; (3) third, 80% to the Limited Partners, as a class, and 20% to the General Partner, until the Limited Partners, as a class, shall have received, from distributions then or theretofore made pursuant to this Section 4.1B or Section 4.2B, an amount equal to ...
AutoNDA by SimpleDocs
Distributions of Distributable Cash from Operations. If the Manager decides in its discretion to distribute cash flow, then distributions of Distributable Cash arising from operations, other than Capital Transactions, to the extent available, shall be made to the Members in the following order of priority: (a) first, to In Stride and Xxxxxx Xxxxxxx Ventures, the amount required to provide them with the outstanding principal balance of the Initial In Stride Loan and the Initial Xxxxxx Xxxxxxx Ventures Loan, respectively, pro rata in accordance with the respective amounts of the outstanding principal balances of the Initial In Stride Loan and the Initial Xxxxxx Xxxxxxx Ventures Loan; (b) second, to each Member who has made a Member Loan, the amount, if any, required to provide such Member with any current and accumulated interest on his or its Member Loan, pro rata in accordance with the respective amounts of current and accumulated interest of all Member Loans; (c) third, to each Member who has made a Member Loan, the amount, if any, required to provide such Member with the outstanding principal balance of his or its Member 12 Loan, pro rata in accordance with the respective amounts of the outstanding principal balances of all Member Loans; and (d) thereafter, to the Members pro rata in accordance with their Membership Interests. Notwithstanding the foregoing provisions of this Section 4.2, after making the distributions provided for in subsections (a) and (b) of this Section 4.2, and prior to making the distributions provided for in subsections (c) and (d) of this Section 4.2, the Company shall, to the extent available, distribute the Tax Distribution Amount (as defined in Section 4.5 hereof) to the Members. 4.3.
Distributions of Distributable Cash from Operations. A. The General Partner shall have the right to cause the Partnership to invest or reinvest Available Cash From Operations, in (i) temporary, liquid investments of the type described in Section 9.3, and (ii) Theatre Properties located within Bexar County or Xxxxxx County, Texas or any contiguous county. Theatre Properties acquired pursuant to this Section 4.1A, together with additional Theatre Properties acquired with Available Sale Proceeds or Available Refinancing Proceeds pursuant to the second paragraph of Section 4.2A, are referred to as "Additional Acquisitions." B. All Distributable Cash From Operations shall be distributed to the Partners at such time or times as the General Partner shall determine in its discretion. To the extent not inconsistent with the Partnership's Senior Credit Facility, the General Partner shall make good faith efforts to make Tax Funding Distributions out of Distributable Cash From Operations; all Distributable Cash From Operations distributed by the General Partner, including Tax Funding Distributions, shall be made pro rata to each Partner in proportion to its respective share of the total outstanding Partnership Units; provided, however, that any distribution under this subsection B shall be subject to the provisions of Section 4.5.
Distributions of Distributable Cash from Operations. Subject to the provisions of Section 9.8 below, the Administrative Member shall cause the Company to distribute, on at least a quarterly basis, Distributable Cash from Operations to the Members in the following order of priority: (a) First, to the Members to the extent of, and in proportion to, any outstanding Member Loans, with all payments first applying to accrued and unpaid interest and then to principal, until such Member Loans have been paid in full; (b) Thereafter to the Members in proportion to their respective Ownership Percentages until there shall have been distributed to the Members aggregate amounts necessary to cause the Investor Member to have achieved a cumulative IRR of twelve percent (12%) on its aggregate Capital Contributions with respect to all of the Properties, inclusive of amounts previously paid under this Section 9.1(b), Section 9.1(c), Section 9.2(a)(ii)(iv), and (v), and Section 9.2(b)(ii) and (iii); (c) Thereafter, but subject to Section 9.4, to the Members as follows: (A) Eighty five percent (85%) to the Members in proportion to their respective Ownership Percentages; and (B) Fifteen percent (15%) to the VEREIT Member as promote.

Related to Distributions of Distributable Cash from Operations

  • 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 Available Cash From Operating Surplus Available Cash that is deemed to be Operating Surplus pursuant to the provisions of Section 6.3 or Section 6.5 shall be distributed as follows, except as otherwise contemplated by Section 5.6(b) in respect of additional Partnership Interests issued pursuant thereto (including pursuant to Article V with respect to the Preferred Units): (a) First, 100% to the General Partner and the Unitholders, Pro Rata, until there has been distributed in respect of each Unit then Outstanding an amount equal to the Minimum Quarterly Distribution for such Quarter; (b) Second, 100% to the General Partner and the Unitholders, Pro Rata, until there has been distributed in respect of each Unit then Outstanding an amount equal to the excess of the First Target Distribution over the Minimum Quarterly Distribution for such Quarter; (c) Third, (i) to the General Partner in accordance with its Percentage Interest; (ii) 13% to the holders of the Incentive Distribution Rights, Pro Rata; and (iii) to all Unitholders, Pro Rata, a percentage equal to 100% less the sum of the percentages applicable to subclauses (i) and (ii) of this clause (c), until there has been distributed in respect of each Unit then Outstanding an amount equal to the excess of the Second Target Distribution over the First Target Distribution for such Quarter; (d) Fourth, (i) to the General Partner in accordance with its Percentage Interest; (ii) 23% to the holders of the Incentive Distribution Rights, Pro Rata; and (iii) to all Unitholders, Pro Rata, a percentage equal to 100% less the sum of the percentages applicable to subclauses (i) and (ii) of this clause (d), until there has been distributed in respect of each Unit then Outstanding an amount equal to the excess of the Third Target Distribution over the Second Target Distribution for such Quarter; and (e) Thereafter, (i) to the General Partner in accordance with its Percentage Interest; (ii) 48% to the holders of the Incentive Distribution Rights, Pro Rata; and (iii) to all Unitholders, Pro Rata, a percentage equal to 100% less the sum of the percentages applicable to subclauses (i) and (ii) of this clause (e); provided, however, if the Minimum Quarterly Distribution, the First Target Distribution, the Second Target Distribution and the Third Target Distribution have been reduced to zero pursuant to the second sentence of Section 6.6(a), the distribution of Available Cash that is deemed to be Operating Surplus with respect to any Quarter will be made solely in accordance with Section 6.4(e).

  • 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, to the General Partner and the Unitholders, Pro Rata, until a hypothetical holder of a Common Unit acquired on the Closing Date has received with respect to such Common Unit distributions of Available Cash that are deemed to be Capital Surplus in an aggregate amount equal to the Initial Unit Price. Available Cash that is deemed to be Capital Surplus shall then be distributed (A) to the General Partner in accordance with its Percentage Interest and (B) to all Unitholders holding Common Units, Pro Rata, a percentage equal to 100% less the General Partner’s Percentage Interest, until there has been distributed in respect of each Common Unit then Outstanding an amount equal to the Cumulative 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.

  • 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.

  • 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.

  • Interim Distributions At such times as may be determined by it in its sole discretion, the Trustee shall distribute, or cause to be distributed, to the Beneficiaries, in proportion to the number of Trust Units held by each Beneficiary relating to the Trust, such cash or other property comprising a portion of the Trust Assets as the Trustee may in its sole discretion determine may be distributed without detriment to the conservation and protection of the Trust Assets in the Trust.

  • 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.

  • Operating Distributions Subject to Section 5.2, the Company shall from time to time distribute to the Member such amounts in cash and other assets as shall be determined by the Member.

  • Capital Contributions Distributions 17 TABLE OF CONTENTS (continued)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!