Distributions to Unitholders Sample Clauses

Distributions to Unitholders. In connection with determining the amounts payable from time to time to Unitholders and arranging for distributions to them, it is understood and agreed that the Administrator shall determine from time to time the amounts available for distribution to Unitholders and shall provide a written statement thereof to the Trustee prior to the date on which such distribution must be made and shall cause such amount to be paid by the Transfer Agent on behalf of the Trust following the declaration by the Trustee that such amounts are due and payable by the Trust pursuant to Article 5 of the Trust Indenture; provided however that the Administrator shall not be obligated to make any such payment unless the Administrator has monies of the Trust available to make such distribution.
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Distributions to Unitholders. (a) The Trustees shall from time to time distribute ratably among the Unitholders of any class of Units, or any series of any such class, in accordance with the number of outstanding full and fractional Units of such class or any series of such class, such proportion of the net profits, surplus (including paid-in surplus), capital, or assets held by the Trustees as they may deem proper or as may otherwise be determined in accordance with this Declaration. Any such distribution may be made in cash or property (including without limitation any type of obligations of the Trust or any assets thereof) or Units of any class or series or any combination thereof, and the Trustees may distribute ratably among the Unitholders of any class of Units or series of any such class, in accordance with the number of outstanding full and fractional Units of such class or any series of such class, additional Units of any class or series in such manner, at such times, and on such terms as the Trustees may deem proper or as may otherwise be determined in accordance with this Declaration. (b) Distributions pursuant to this Section 10.2 may be among the Unitholders of record of the applicable class or series of Units at the time of declaring a distribution or among the Unitholders of record at such later date as the Trustees shall determine and specify. (c) The Trustees may retain from the net profits such amount as they may deem necessary to pay the debts or expenses of the Trust or to meet obligations of the Trust, or as they otherwise may deem desirable to use in the conduct of its affairs or to retain for future requirements or extensions of the business. (d) Notwithstanding anything expressed or implied to the contrary in this Declaration, the Trustees are authorized to take any action that it determines to be necessary or appropriate to cause the Trust to comply with any foreign or United States federal, state or local withholding requirement with respect to any allocation, payment or distribution by the Trust to any Unitholder or other person. All amounts so withheld, and, in the manner determined by the Trustees in their sole and absolute discretion, amounts withheld with respect to any allocation, payment or distribution by any person to the Trust, shall be treated as distributions to the applicable Unitholders under the applicable provisions of this Agreement. If any such withholding requirement with respect to any Unitholder exceeds the amount distributable to such Uni...
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Distributions to Unitholders. Subject to provisions of applicable law and the other provisions of this Agreement (including any Preferred Unit Designation), distributions to Unitholders may be declared by the Board of Directors, in its discretion, and may be paid in cash, in property, or in Units, and such distributions, if declared, shall be made to (a) the Preferred Unitholders, if any, in accordance with any applicable Preferred Unit Designation and (b) the Common Unitholders in accordance with Section 3.3(b). Subject to the provisions of any Preferred Unit Designation, such declaration and payment by the Company shall be at the discretion of the Board of Directors.‌
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Distributions to Unitholders. 6.1 The Company shall pay any dividends accrued on the Shares held by the Trustees to the Trustees, which dividends shall be deemed to constitute income of the Trust Fund. The Trustees shall be entitled to distribute dividends to the Unitholders in accordance with the provisions of this clause 6. 6.2 The Trustees may determine the date on which income of the Trust Fund shall be distributed to Unitholders provided that Distribution Proceeds shall be paid not later than 30 days following receipt by the Trustees of income on the Shares, whether in the form of interim dividends or final dividends or in any other manner received by them. 6.3 Distribution Proceeds shall be paid, less the amount (if any) determined by the Trustees to be withheld and applied as payment of any amount which remains unpaid on Units. 6.4 In addition to any distribution made to Unitholders pursuant to the provisions of clauses 6.1 and 6.2, the Trustees from time to time may distribute to Unitholders such other amounts of income as the Trustees may determine are available for allocation from the assets and investments of the Trust Fund. Such distribution shall be allocated to and amongst all the Unitholders holding Units at that time and shall be paid pro rata to the amounts paid up on Units held by a Unitholder.
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Distributions to Unitholders. The Company’s Net Cash Flow shall be distributed at such times as the Manager may determine, in its sole and absolute discretion, to the Unitholders in the following manner: (a) First, 100% to Members, until the cumulative amount distributed to the Members equal the aggregate of the following: (1) The total capital contributions paid to the Fund by Members; and (2) A preferred return on the amounts included in (1) above (calculated to provide a 6% per annum yearly rate of return to Members). (b) Second, 100% (or up to 100%) to the Manager until the Manager has received, in respect of its carried interest, 30% of the cumulative amounts distributed under (a) above to all Members; and (c) Thereafter, 70% to Members and 30% to the Manager.
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Distributions to Unitholders. 6.1 The Company shall pay any dividends accrued on the Shares held by the Trustees to the Trustees, which dividends shall be deemed to constitute income of the Trust Fund. The Trustees shall be entitled to distribute dividends to the Unitholders in accordance with the provisions of this clause 6. 6.2 The Trustees may determine the date on which income of the Trust Fund shall be distributed to Unitholders provided that Distribution Proceeds shall be paid not later than 30 days following receipt by the Trustees of income on the Shares, whether in the form of interim dividends or final dividends or in any other manner received by them. 6.3 Distribution Proceeds shall be paid, less the amount (if any) determined by the Trustees to be withheld and applied as payment of any amount which remains unpaid on Units.
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Distributions to Unitholders. In accordance with our partnership agreement, after making distributions to holders of our outstanding preferred units, we distribute the remainder of our available cash to common unitholders of record within 45 days following the end of each quarter. Available cash is generally defined as all of our cash and cash equivalents on hand at the end of each quarter, less reserves established in the discretion of our general partner for future requirements. Our available cash also includes cash on hand resulting from borrowings made after the end of the quarter. The following table details distributions paid to our preferred unitholders during the years presented (in millions, except unit data): 2022 $ 149 2021 $ 149 $ 49 $ 49 2020 $ 149 $ 49 On February 14, 2023, we paid a cash distribution of $37 million to our Series A preferred unitholders. At December 31, 2022, such amount was accrued as distributions payable in “Other current liabilities” on our Consolidated Balance Sheet. On February 15, 2023, we paid a cash distribution of $18 million to our Series B preferred unitholders. At December 31, 2022, approximately $9 million of accrued distributions payable to our Series B preferred unitholders was included in “Other current liabilities” on our Consolidated Balance Sheet. The following table details distributions paid to common unitholders during the years presented (in millions, except per unit data): 2022 2021 $ 383 $ 341 $ 201 $ 176 $ 584 $ 517 $ 0.8325 $ 0.7200 2020 $ 432 $ 223 $ 655 $ 0.9000 On January 9, 2023, we declared a cash distribution of $0.2675 per unit on our outstanding common units. The total distribution of $187 million was paid on February 14, 2023 to unitholders of record at the close of business on January 31, 2023, for the period from October 1, 2022 through December 31, 2022. Of this amount, approximately $65 million was paid to AAP. As of December 31, 2022, noncontrolling interests in our subsidiaries consisted of (i) a 35% interest in the Permian JV, (ii) a 30% interest in Cactus II and (iii) a 33% interest in Red River Pipeline Company LLC (“Red River”). The transactions resulting in the recognition of noncontrolling interests in the Permian JV and Cactus II are described below. In November 2022, we acquired an additional 5% interest in Cactus II which, combined with changes in governance, resulted in our obtaining control of the entity. We own 70% of Cactus II and reflect the entity as a consolidated subsidiary in our Consolidated Fi...
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Related to Distributions to Unitholders

  • Distributions to Shareholders (a) The Trustees shall from time to time distribute ratably among the Shareholders of any class of Shares, or any series of any such class, in accordance with the number of outstanding full and fractional Shares of such class or any series of such class, such proportion of the net profits, surplus (including paid-in surplus), capital, or assets held by the Trustees as they may deem proper or as may otherwise be determined in accordance with this Declaration. Any such distribution may be made in cash or property (including without limitation any type of obligations of the Trust or any assets thereof) or Shares of any class or series or any combination thereof, and the Trustees may distribute ratably among the Shareholders of any class of shares or series of any such class, in accordance with the number of outstanding full and fractional Shares of such class or any series of such class, additional Shares of any class or series in such manner, at such times, and on such terms as the Trustees may deem proper or as may otherwise be determined in accordance with this Declaration. (b) Distributions pursuant to this Section 9.2 may be among the Shareholders of record of the applicable class or series of Shares at the time of declaring a distribution or among the Shareholders of record at such later date as the Trustees shall determine and specify. (c) The Trustees may always retain from the net profits such amount as they may deem necessary to pay the debts or expenses of the Trust or to meet obligations of the Trust, or as they otherwise may deem desirable to use in the conduct of its affairs or to retain for future requirements or extensions of the business. (d) Inasmuch as the computation of net income and gains for Federal income tax purposes may vary from the computation thereof on the books, the above provisions shall be interpreted to give the Trustees the power in their discretion to distribute for any fiscal year as ordinary dividends and as capital gains distributions, respectively, additional amounts sufficient to enable the Trust to avoid or reduce liability for taxes.

  • Distributions to Members Section 9.1

  • Distributions to Record Holders (a) Subject to the applicable provisions of the Delaware Act and except as otherwise provided herein, the 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, without limitation, the preferential rights, if any, of holders of any other class of Shares of the Company) and of Article XIII, distributions shall be paid to the holders of Common Shares on an equal per-Share basis as of the Record Date selected by the Manager. Notwithstanding any provision to the contrary contained in this Agreement, the Company shall not be required to 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. (b) Notwithstanding Section 4.1(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 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.

  • Cash Distributions Whenever the Depositary receives confirmation from the Custodian of the receipt of any cash dividend or other cash distribution on any Deposited Securities, or receives proceeds from the sale of any Deposited Securities or any other entitlements held in respect of Deposited Securities under the terms hereof, the Depositary will (i) if at the time of receipt thereof any amounts received in a Foreign Currency can in the judgment of the Depositary (pursuant to Section 4.8) be converted on a practicable basis into Dollars transferable to the United States, promptly convert or cause to be converted such cash dividend, distribution or proceeds into Dollars (on the terms described in Section 4.8), (ii) if applicable, establish the ADS Record Date upon the terms described in Section 4.9, and (iii) distribute promptly the amount thus received (net of (a) the applicable fees and charges of, and expenses incurred by, the Depositary and (b) taxes withheld) to the Holders entitled thereto as of the ADS Record Date in proportion to the number of ADSs held as of the ADS Record Date. The Depositary shall distribute only such amount, however, as can be distributed without attributing to any Holder a fraction of one cent, and any balance not so distributed shall be held by the Depositary (without liability for interest thereon) and shall be added to and become part of the next sum received by the Depositary for distribution to Holders of ADSs outstanding at the time of the next distribution. If the Company, the Custodian or the Depositary is required to withhold and does withhold from any cash dividend or other cash distribution in respect of any Deposited Securities an amount on account of taxes, duties or other governmental charges, the amount distributed to Holders on the ADSs representing such Deposited Securities shall be reduced accordingly. Such withheld amounts shall be forwarded by the Company, the Custodian or the Depositary to the relevant governmental authority. Evidence of payment thereof by the Company shall be forwarded by the Company to the Depositary upon request.

  • 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.

  • Liquidating Distributions Notwithstanding anything to the contrary in this Article VII or in Section 8.3 of the Master Agreement, upon the sale of the Property or the dissolution and liquidation of the Series in accordance with the provisions of this Agreement and of Section 8.3 of the Master Agreement, the proceeds of liquidation of the Series or the sale of the Property will be distributed within ninety (90) days of the date of sale of the Property or the dissolution and liquidation in the following order and priority: (i) First, to creditors of the Series, including the Members who are creditors, to the extent otherwise permitted by law, in satisfaction (whether by payment or the making of reasonable provision for payment thereof) of all debts, liabilities, obligations and expenses of the Series, including, without limitation, the expenses incurred in connection with the liquidation of the Series; and (ii) Second, to the Members pro rata in proportion to their holdings of Shares, with such Distributions to be made by the end of the Fiscal Year during which the liquidation occurs (or, if later, ninety (90) days after the date of the liquidation).

  • Profits and Losses Distributions Until the admission of additional Members, the Original Member shall be entitled to all allocations of LLC profits and losses and to allocations of distributions.

  • Capital Contributions Distributions 17 TABLE OF CONTENTS (continued)

  • 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.

  • 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.

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