Distributions of Net Capital Transaction Proceeds Sample Clauses

Distributions of Net Capital Transaction Proceeds. Following distribution to TWC Member of any TWC OpCo Shortfall, Net Capital Transaction Proceeds shall be allocated between and distributed to the Condor Member and TWC Member in the following amounts and priorities: (a) First, to the Members, pro rata in accordance with their Percentage Interests, until Condor Member has received a twelve percent (12%) Internal Rate of Return from the aggregate distributions under this Section 5.1 (which, for the avoidance of doubt, (x) includes the return of one hundred percent (100%) of Condor Member’s Capital Contributions to the LLC, and (y) shall be increased to give effect to distributions made to any Condor Member Affiliate under the operating agreement of Operating Tenant); (b) Second, to the Members, pro rata in accordance with their Percentage Interests, until such time as the Condor Member has received a fifteen percent (15%) Internal Rate of Return from the aggregate distributions under this Section 5.1 (and as such distributions are deemed increased in the manner specified in (y) of Section 5.1.2(a)); (c) Third, to the Members, pro rata in accordance with their Percentage Interests, until such time as the Condor Member has received a twenty percent (20%) Internal Rate of Return from the aggregate distributions under this Section 5.1 (and as such distributions are deemed increased in the manner specified in (y) of Section 5.1.2(a)); and (d) Fourth, to the Members, pro rata in accordance with their Percentage Interests, following such time as the Condor Member has received a twenty percent (20%) Internal Rate of Return from the aggregate distributions under this Section 5.1 (and as such distributions are deemed increased in the manner specified in (y) of Section 5.1.2(a)). Notwithstanding the foregoing, the amount of any Available Cash or Net Capital Transaction Proceeds that is distributable to (and would but for this provision otherwise be paid to) any Declining Member under this Section 5.1 or 11.4.3 shall instead be paid to any Non-Declining Member in repayment in whole or in part as the case may be of any Member Loans made by such Non-Declining Member to such Declining Member, together with any interest thereon, to be applied first to accrued and unpaid interest thereon and then to the principal balance thereof, in the order in which such Member Loans were made, so that the Member Loan longest outstanding is fully repaid prior to the payment of interest or principal on any Member Loan made after the date o...
Sample 1
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Distributions of Net Capital Transaction Proceeds. Net Capital Transaction Proceeds shall be allocated between and distributed to the Condor Member and TWC Member in the following amounts and priorities: (a) First, to the Members, pro rata in accordance with their Percentage Interests, until Condor Member has received a twelve percent (12%) Internal Rate of Return from the aggregate distributions under this Section 5.1 (which, for the avoidance of doubt, includes the return of one hundred percent (100%) of Condor Member’s Capital Contributions to the LLC);
Sample 1
Distributions of Net Capital Transaction Proceeds. Following distribution to TWC Member of any TWC Shortfall, Net Capital Transaction Proceeds shall be allocated between and distributed to the Condor Member and TWC Member in the following amounts and priorities: (a) First, to the Members, pro rata in accordance with their Percentage Interests, until Condor Member has received a twelve percent (12%) Internal Rate of Return from the aggregate distributions under this Section 5.1 (which, for the avoidance of doubt, (x) includes the return of one hundred percent (100%) of Condor Member’s Capital Contributions to the LLC, and (y) shall be increased to give effect to distributions made to any TRS Leasing Inc. or any other Condor Member Affiliate under the operating agreement of Operating Tenant);
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Related to Distributions of Net Capital Transaction Proceeds

  • 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.

  • 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.

  • 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 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.

  • 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.

  • Working Capital Trust Account Proceeds Upon consummation of the Offering, $250,000 of the proceeds from the sale of the Firm Units will be released to the Company to fund the working capital requirements of the Company, and the remainder of the proceeds from the sale of the Firm Units will be deposited into the Trust Account and held pursuant to the terms of the Trust Agreement.

  • Subordinated Share of Net Sales Proceeds The Subordinated Share of Net Sales Proceeds shall be payable to the Advisor in an amount equal to 10% of Net Sales Proceeds remaining after the Stockholders have received Distributions equal to the sum of the Stockholders’ 8% Return and 100% of Invested Capital. Following Listing, no Subordinated Share of Net Sales Proceeds will be paid to the Advisor.

  • Determination of Net Asset Value, Net Income and Distributions Subject to applicable federal law including the 1940 Act and Section 3.6 hereof, the Trustees, in their sole discretion, may prescribe (and delegate to any officer of the Trust or any other Person or Persons the right and obligation to prescribe) such bases and time (including any methodology or plan) for determining the per Share or net asset value of the Shares of the Trust or any Series or Class or net income attributable to the Shares of the Trust or any Series or Class, or the declaration and payment of dividends and distributions on the Shares of the Trust or any Series or Class and the method of determining the Shareholders to whom dividends and distributions are payable, as they may deem necessary or desirable. Without limiting the generality of the foregoing, but subject to applicable federal law including the 1940 Act, any dividend or distribution may be paid in cash and/or securities or other property, and the composition of any such distribution shall be determined by the Trustees (or by any officer of the Trust or any other Person or Persons to whom such authority has been delegated by the Trustees) and may be different among Shareholders including differences among Shareholders of the same Series or Class.

  • 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.

  • Net Asset Value, Distributions, and Redemptions Section 1. Determination of Net Asset Value, Net Income, and Distributions. Subject to Article III, Section 6 hereof, the Trustees, in their absolute discretion, may prescribe and shall set forth in the By-laws or in a duly adopted resolution of the Trustees such bases and time for determining the per Share net asset value of the Shares of any Series and the declaration and payment of dividends and distributions on the Shares of any Series, as they may deem necessary or desirable.

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