Common use of Distributions to Record Holders Clause in Contracts

Distributions to Record Holders. (a) Subject to the applicable provisions of the Delaware Act and except as otherwise provided in this Agreement, the Board may, in its sole discretion, at any time and from time to time, declare, make and pay distributions of cash or other assets of the Company to the Members. Subject to the terms of any Share Designation (including the preferential rights, if any, of holders of any other Class of Shares of the Company) and of Article XIV, distributions shall be paid to the holders of Shares on an equal per-Share basis as of the Record Date selected by the Board. Notwithstanding any contrary provision contained in this Agreement, the Company shall not be required to make a distribution to any Member on account of such Member’s interest in the Company if such distribution would violate the Delaware Act or other applicable law. (b) Notwithstanding Section 4.2(a), in the event of the termination and liquidation of the Company, all distributions shall be made in accordance with, and subject to the terms and conditions of, Section 9.3(a). (c) Each distribution in respect of any Shares of the Company shall be paid by the Company, directly or through its Transfer Agent, if any, or through any other Person or agent, only to the Record Holder of such Shares as of the Record Date set for such distribution. Such payment shall constitute full payment and satisfaction of the Company’s liability in respect of such payment, regardless of any claim of any Person who may have an interest in such payment by reason of an assignment or otherwise. (d) The Company shall be entitled to withhold or cause to be withheld from each Member’s distribution from the Company such amounts on account of taxes or similar charges, if any, as are required by applicable law. Each Member shall furnish to the Company from time to time all such information as is required by applicable law or otherwise reasonably requested by the Company (including certificates in the form prescribed by the Code or Treasury Regulations thereunder or applicable state, local, or foreign law) to permit the Company to ascertain whether and in what amount withholding is required in respect of such Member. (e) The Company may make additional distributions to Members at such times and in such amounts as the Board determines are necessary, advisable, or appropriate in connection with the Company’s qualification as a REIT for federal income tax purposes, to reduce or eliminate the Company’s REIT taxable income for federal income tax purposes, or to reduce or avoid the imposition of any excise tax on the Company.

Distributions to Record Holders. (a) Subject to the applicable provisions of the Delaware Act and except as otherwise provided in this Agreementherein, the Board Manager may, in its sole discretion, at any time and from time to time, declare, make and pay distributions of cash or other assets of the Company to the Members. Subject to the terms of any Share Designation (including including, without limitation, the preferential rights, if any, of holders of any other Class class of Shares of the Company) and of Article XIVXIII, distributions shall be paid to the holders of Common Shares on an equal per-Share basis as of the Record Date selected by the BoardManager. Notwithstanding any provision to the contrary provision contained in this Agreement, the Company shall not be required to make a distribution to any Member on account of such Member’s its interest in the Company if such distribution would violate the Delaware Act or other applicable law. (b) Notwithstanding Section 4.2(a4.1(a), in the event of the termination and liquidation of the Company, all distributions shall be made in accordance with, and subject to the terms and conditions of, Section 9.3(a‎Section 8.3(a). (c) Each distribution in respect of any Shares of the Company shall be paid by the Company, directly or through its Transfer Agent, if any, or through any other Person or agent, only to the Record Holder of such Shares as of the Record Date set for such distribution. Such payment shall constitute full payment and satisfaction of the Company’s liability in respect of such payment, regardless of any claim of any Person who may have an interest in such payment by reason of an assignment or otherwise. (d) The Company shall be entitled Manager may, in its sole discretion and to withhold or cause to be withheld from each Member’s distribution from the Company such amounts on account of taxes or similar charges, if any, as are required fullest extent permitted by applicable law. Each Member shall furnish to the Company from time to time all such information as is required by applicable law or otherwise reasonably requested by the Company (including certificates in the form prescribed by the Code or Treasury Regulations thereunder or applicable statelaws and regulations, local, or foreign law) to permit cause the Company to ascertain whether and establish a distribution reinvestment plan (a “Distribution Reinvestment Plan”) pursuant to which the full amount of any cash distributions payable to Members who have not opted out of participation in what amount withholding is required in respect the Distribution Reinvestment Plan through the Yieldstreet Platform will not be paid to such Members, but rather will be utilized to purchase additional Shares at the then-applicable Market Price on behalf of such Member. (e) The Company Members, subject to the terms, conditions and restrictions of the Distribution Reinvestment Plan. In its sole discretion and to the fullest extent permitted by applicable laws and regulations, the Manager may make additional distributions to Members at such times set the terms, conditions and in such amounts as the Board determines are necessaryrestrictions of any Distribution Reinvestment Plan and may amend, advisablesuspend, or appropriate in connection with the Company’s qualification as a REIT terminate any such Distribution Reinvestment Plan at any time for federal income tax purposes, to reduce or eliminate the Company’s REIT taxable income for federal income tax purposes, or to reduce or avoid the imposition of any excise tax on the Companyreason.

Distributions to Record Holders. (a) Subject to the applicable provisions of the Delaware Act and except as otherwise provided in this Agreement, the Board may, in its sole discretion, at any time and from time to time, declare, make and pay distributions of cash or other assets of the Company to the Members. Subject to the terms of any Share Designation (including the preferential rights, if any, of holders of any other Class of Shares of the Company) and of Article XIV), distributions shall be paid to the holders of Shares on an equal per-Share basis as of the Record Date selected by the Board. Notwithstanding any contrary provision contained in this Agreement, the Company shall not be required to make a distribution to any Member on account of such Member’s interest in the Company if such distribution would violate the Delaware Act or other applicable law. (b) Notwithstanding Section 4.2(a), in the event of the termination and liquidation of the Company, all distributions shall be made in accordance with, and subject to the terms and conditions of, Section 9.3(a). (c) Each distribution in respect of any Shares of the Company shall be paid by the Company, directly or through its Transfer Agent, if any, or through any other Person or agent, only to the Record Holder of such Shares as of the Record Date set for such distribution. Such payment shall constitute full payment and satisfaction of the Company’s liability in respect of such payment, regardless of any claim of any Person who may have an interest in such payment by reason of an assignment or otherwise. (d) The Company shall be entitled to withhold or cause to be withheld from each Member’s distribution from the Company such amounts on account of taxes or similar charges, if any, as are required by applicable law. Each Member shall furnish to the Company from time to time all such information as is required by applicable law or otherwise reasonably requested by the Company (including certificates in the form prescribed by the Code or Treasury Regulations thereunder or applicable state, local, or foreign law) to permit the Company to ascertain whether and in what amount withholding is required in respect of such Member. (e) The Company may make additional distributions to Members at such times and in such amounts as the Board determines are necessary, advisable, or appropriate in connection with the Company’s qualification as a REIT for federal income tax purposes, to reduce or eliminate the Company’s REIT taxable income for federal income tax purposes, or to reduce or avoid the imposition of any excise tax on the Company.

Distributions to Record Holders. (a) Subject to the applicable provisions of the Delaware Act and except as otherwise provided in this Agreementherein, the Board Manager may, in its sole discretion, at any time and from time to time, declare, make and pay distributions of cash or other assets of the Company to the Members. Subject to the terms of any Share Designation (including including, without limitation, the preferential rights, if any, of holders of any other Class class of Shares of the Company) and of Article XIVXIII, distributions shall be paid to the holders of Common Shares on an equal per-Share basis as of the Record Date selected by the BoardManager. Notwithstanding any provision to the contrary provision contained in this Agreement, the Company shall not be required to make a distribution to any Member on account of such Member’s its interest in the Company if such distribution would violate the Delaware Act or other applicable law. (b) Notwithstanding Section 4.2(a4.1(a), in the event of the termination and liquidation of the Company, all distributions shall be made in accordance with, and subject to the terms and conditions of, Section 9.3(a‎Section 8.3(a). (c) Each distribution in respect of any Shares of the Company shall be paid by the Company, directly or through its Transfer Agent, if any, or through any other Person or agent, only to the Record Holder of such Shares as of the Record Date set for such distribution. Such payment shall constitute full payment and satisfaction of the Company’s liability in respect of such payment, regardless of any claim of any Person who may have an interest in such payment by reason of an assignment or otherwise. (d) The Company shall be entitled Manager may, in its sole discretion and to withhold or cause to be withheld from each Member’s distribution from the Company such amounts on account of taxes or similar charges, if any, as are required fullest extent permitted by applicable law. Each Member shall furnish to the Company from time to time all such information as is required by applicable law or otherwise reasonably requested by the Company (including certificates in the form prescribed by the Code or Treasury Regulations thereunder or applicable statelaws and regulations, local, or foreign law) to permit cause the Company to ascertain whether and establish a distribution reinvestment plan (a “Distribution Reinvestment Plan”) pursuant to which the full amount of any cash distributions payable to Members who have not opted out of participation in what amount withholding is required in respect the Distribution Reinvestment Plan through the Xxxxx Platform will not be paid to such Members, but rather will be utilized to purchase additional Shares at the then-applicable Market Price on behalf of such Member. (e) The Company Members, subject to the terms, conditions and restrictions of the Distribution Reinvestment Plan. In its sole discretion and to the fullest extent permitted by applicable laws and regulations, the Manager may make additional distributions to Members at such times set the terms, conditions and in such amounts as the Board determines are necessaryrestrictions of any Distribution Reinvestment Plan and may amend, advisablesuspend, or appropriate in connection with the Company’s qualification as a REIT terminate any such Distribution Reinvestment Plan at any time for federal income tax purposes, to reduce or eliminate the Company’s REIT taxable income for federal income tax purposes, or to reduce or avoid the imposition of any excise tax on the Companyreason.