Distributions of Net Cash Sample Clauses

Distributions of Net Cash. All Distributions of Net Cash shall be made to the Members as follows: 7.2.1 First, to the Electing Contributing Members, until the aggregate Distributions of Net Cash pursuant to this Section 7.2.1 for such Fiscal Year and all prior Fiscal Years are equal to (and have been distributed in proportion to, and to the extent of), the aggregate accrued ACC Priority Return payable to the Electing Contributing Members pursuant to the terms and conditions of this Agreement;
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Distributions of Net Cash. Flow Except as provided in Section 9.3 with respect to distributions to be made upon dissolution of the Partnership, all Net Cash Flow shall be distributed by the Partnership 60 days after the end of each fiscal quarter in the following order of priority: (a) First, 90% to Fremont and 10% to Shurgard until the cumulative distributions to each of the Partners during the term of the Partnership equal the Priority Return; (b) Second, 90% to Fremont and 10% to Shurgard until the cumulative distributions to each of the Partners during the term of the Partnership equals the aggregate capital contributions of each Partner; and (c) Third, 80% to Fremont and 20% to Shurgard.
Distributions of Net Cash. Except as otherwise provided in Article X, Net Cash, if any, shall be distributed at such times as the Manager may determine to the Members so that the cumulative distributions to each Member pursuant to this Section 3.4 equal the excess of the cumulative allocations of Profits to that Member pursuant to Section 3.1 over the cumulative allocations of Losses to that Member pursuant to Section 3.1.
Distributions of Net Cash. (a) Subject to Section 10.2, the Net Cash (if any) for each Fiscal Year of the Company shall be distributed to the Members, no less than once per calendar quarter, in proportion to their respective Percentage Interests; provided, however, that in the event Xxxxx (i) is in breach of its obligation to pay any earned Royalties or Guaranteed Minimum Royalties due under the Xxxxx License Agreement (after receipt of notice and the applicable cure period under Section 9(a)(i)(A) of the Standard Terms of the Xxxxx License Agreement); or (ii) fails to perform its indemnification obligations pursuant to Article VII of the Purchase Agreement, in each case, the Company shall be allowed to set off against any amounts payable to the Xxxxx Member pursuant to this Section 4.4 (in one or more distributions) any amount which ABG Intermediate or its Affiliates is actually entitled to be paid by Xxxxx pursuant to the Xxxxx License Agreement or the Purchase Agreement, as the case may be, which amount(s) shall not be distributed to the Xxxxx Member but shall instead be paid by the Company to the ABG Member or its applicable Affiliate, until such time that all amounts due by Xxxxx under the Xxxxx License Agreement or the Purchase Agreement, as applicable, are fully satisfied. (b) In the event a Member Transfers any portion of its Membership Interests, any Distributions made to the applicable transferring Member with respect to such Transferred Membership Interests on or prior to such date of Transfer will be taken into account for purposes of determining the amount of Distributions payable to such transferee following the completion of such Transfer. (c) Notwithstanding anything in this Agreement to the contrary, the Members and the Company acknowledge and agree that (i) in the event any amounts are paid to the Company in connection with its rights to indemnification under the Purchase Agreement (in its capacity as buyer thereunder) or the Xxxxx License Agreement (in its capacity as licensor thereunder), any and all such amounts shall be distributed in accordance with the provisions of Section 4.4(a); and (ii) the ABG Member shall be entitled to enforce the rights set forth in Section 7.2 of the Purchase Agreement or Section 7(b) of the Xxxxx License Agreement, as applicable, on behalf of the Company as though the ABG Member were the Company.
Distributions of Net Cash. The Company will distribute to all Unit Holders, in proportion to their respective Profit and Loss percentages, at such times as determined by a majority of Class A Common Members, any Net Cash, as such term is defined in the Operating Agreement, remaining after providing for Tax Distributions.
Distributions of Net Cash. In any fiscal year of the Company where profits of the Company are required to be reported by the Members and subject to federal income tax, the Managers may cause the Company to distribute an amount less than or equal to each Member’s proportionate share of the Company’s profits subject to federal income tax multiplied by the Member’s applicable federal income tax rate as an individual taxpayer in the United States. The Managers, through a Unanimous Vote, may cause the Company to distribute its Net Cash to the Members according to their Sharing Ratios at any time and in any amount.

Related to Distributions of Net Cash

  • 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.

  • 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 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 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.

  • Allocations of Net Profits and Net Losses Except as otherwise set forth herein, Net Profits and Net Losses shall be allocated for each Fiscal Year to the Members in proportion to their respective Capital Accounts.

  • Timing and Amount of Allocations of Net Income and Net Loss Net Income and Net Loss of the Partnership shall be determined and allocated with respect to each Partnership Year of the Partnership as of the end of each such year. Subject to the other provisions of this Article 6, an allocation to a Partner of a share of Net Income or Net Loss shall be treated as an allocation of the same share of each item of income, gain, loss or deduction that is taken into account in computing Net Income or Net Loss.

  • Allocations of Net Income and Net Loss Except as otherwise provided in this Agreement, after giving effect to the special allocations in subparagraph 1(c) and paragraph 2, Net Income, Net Loss and, to the extent necessary, individual items of income, gain, loss or deduction, of the Partnership for each fiscal year or other applicable period of the Partnership shall be allocated among the General Partner and Limited Partners in accordance with their respective Percentage Interests.

  • Distributions to Members Section 9.1

  • 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 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.

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