Common use of Distributions upon Termination Clause in Contracts

Distributions upon Termination. Upon termination of the Agreement pursuant to its terms, the activities of the Tax Partners under this Annex A shall be concluded and the assets subject to the Agreement and this Annex A shall be distributed to the Tax Partners in the manner and in the order set forth below: (a) Debts of the Tax Partnership created pursuant to the Indenture on the Trust Agreement, other than to Tax Partners, shall be paid. (b) All cash on hand representing unexpended contributions by any Tax Partner shall be returned to the contributor. (c) The Tax Partners' Capital Accounts shall be adjusted by: (i) assuming the sale of all remaining assets at their fair market values as of the date of termination of the Trust Agreement; and (ii) debiting or crediting each Tax Partner's Capital Account with the Tax Partner's respective share of the hypothetical gains or losses resulting from such assumed sales in the same manner as such Tax Partner's Capital Account would be debited or credited under Paragraph 6 above for gains or losses on actual sales of such properties. (d) All Tax Partnership assets shall be distributed to the Tax Partners in accordance with their respective Capital Account balances as so adjusted by the later of: (i) the end of the Tax Partnership's taxable year in which the termination occurs; or (ii) within 90 days after the date of such termination.

Distributions upon Termination. Upon termination of the Agreement pursuant to its terms, the activities of the Tax Partners under this Annex A shall be concluded and the assets subject to the Agreement and this Annex A shall be distributed to the Tax Partners in the manner and in the order set forth below: (a) Debts of the Tax Partnership created pursuant to the Indenture on the Trust Agreement, other than to the Tax Partners, shall be paid. (b) Debts owed among the Tax Partners created pursuant to the Agreement shall be paid. (c) All cash on hand representing unexpended contributions by any Tax Partner shall be returned to the contributor. (cd) The Tax Partners' Capital Accounts shall be adjusted by: (i) assuming the sale of all remaining assets at their fair market values as of the date of termination of the Trust Agreement; and (ii) debiting or crediting each Tax Partner's Capital Account with the Tax Partner's respective share of the hypothetical gains or losses resulting from such assumed sales in the same manner as such Tax Partner's Capital Account AN-7 199 would be debited or credited under Paragraph 6 Section 4 above for gains or losses on actual sales of such properties. (de) All Tax Partnership assets shall be distributed to the Tax Partners in accordance with their respective Capital Account balances as so adjusted by the later of: of (i) the end of the Tax tax Partnership's taxable year in which the termination occurs; , or (ii) within 90 days after the date of such termination., in the following order or priority: (i) to the Class A Certificateholders; and