Common use of Duties and Authority of Liquidator Clause in Contracts

Duties and Authority of Liquidator. The liquidator will make adequate provision for the discharge of all of the Company's debts, obligations and liabilities. The liquidator may sell, encumber or retain for distribution in kind any of the Company's assets. Any gain or loss recognized on the sale of assets will be allocated to the Members' Capital Accounts in accordance with the provisions of Article 4. With respect to any asset the liquidator determines to retain for distribution in kind, the liquidator will allocate to the Members' Capital Accounts the amount of gain or loss that would have been recognized had the asset been sold at its fair market value.

Appears in 8 contracts

Samples: Limited Liability Company Operating Agreement (LK Secured Lending Reg a Fund, LLC), Limited Liability Company Operating Agreement (LK Secured Lending Reg a Fund, LLC), Limited Liability Company Operating Agreement (LK Secured Lending Reg a Fund, LLC)

AutoNDA by SimpleDocs

Duties and Authority of Liquidator. The liquidator will make adequate provision for the discharge of all of the Company's ’s debts, obligations and liabilities. The liquidator may sell, encumber or retain for distribution in kind any of the Company's ’s assets. Any gain or loss recognized on the sale of assets will be allocated to the Members' Capital Accounts in accordance with the provisions of Article 44 above. With respect to any asset the liquidator determines to retain for distribution in kind, the liquidator will allocate to the Members' Capital Accounts the amount of gain or loss that would have been recognized had the asset been sold at its fair market value.

Appears in 6 contracts

Samples: Limited Liability Company Operating Agreement (PFG Fund V, LLC), Limited Liability Company Operating Agreement (PFG Fund V, LLC), Limited Liability Company Operating Agreement (PFG Fund V, LLC)

Duties and Authority of Liquidator. The liquidator will make adequate provision for the discharge of all of the Company's LLC’s debts, obligations and liabilities. The liquidator may sell, encumber or retain for distribution in kind any of the Company's LLC’s assets. Any gain or loss recognized on the sale of assets will be allocated to the Members' Capital Accounts in accordance with the provisions of Article 44 above. With respect to any asset the liquidator determines to retain for distribution in kind, the liquidator will allocate to the Members' Capital Accounts the amount of gain or loss that would have been recognized had the asset been sold at its fair market value.

Appears in 5 contracts

Samples: Limited Liability Company Operating Agreement (Cf Fund Ii, LLC), Limited Liability Company Operating Agreement (Cf Fund Ii, LLC), Limited Liability Company Operating Agreement (Cf Fund Ii, LLC)

Duties and Authority of Liquidator. The liquidator will make adequate provision for the discharge of all of the Company's LLC’s debts, obligations and liabilities. The liquidator may sell, encumber or retain for distribution in kind any of the Company's LLC’s assets. Any gain or loss recognized on the sale of assets will be allocated to the Members' Capital Accounts in accordance with the provisions of Article 4. With respect to any asset the liquidator determines to retain for distribution in kind, the liquidator will allocate to the Members' Capital Accounts the amount of gain or loss that would have been recognized had the asset been sold at its fair market value.

Appears in 4 contracts

Samples: Limited Liability Company Operating Agreement, Limited Liability Company Operating Agreement, Limited Liability Company Operating Agreement

Duties and Authority of Liquidator. The liquidator will make adequate provision for the discharge of all of the CompanyPartnership's debts, obligations and liabilities. The liquidator may sell, encumber or retain for distribution in kind any of the CompanyPartnership's assets. Any gain or loss recognized on the sale of assets will be allocated to the MembersLimited Partners' Capital Accounts in accordance with the provisions of Article 4. With respect to any asset the liquidator determines to retain for distribution in kind, the liquidator will allocate to the MembersLimited Partners' Capital Accounts the amount of gain or loss that would have been recognized had the asset been sold at its fair market value.. LIMITED PARTNERSHIP AGREEMENT CALTIER FUND I, LP

Appears in 2 contracts

Samples: Limited Partnership Agreement (Caltier Fund I LP), Limited Partnership Agreement (Caltier Fund I LP)

Duties and Authority of Liquidator. The If appointed, the liquidator will make adequate provision for the discharge of all of the Company's debts, obligations obligations, and liabilities. The liquidator may sell, encumber encumber, or retain for distribution in kind any of the Company's assets. Any gain or loss recognized on the sale of assets will be allocated to the Members' Capital Accounts in accordance with the provisions of Article 4Section 6.3. With respect to any asset the liquidator determines to retain for distribution in kind, the liquidator will allocate to the Members' Member's Capital Accounts the amount of gain or loss that would have been recognized had the asset been sold at its fair market value.

Appears in 2 contracts

Samples: Operating Agreement (Huntsman Polymers Corp), Operating Agreement (Huntsman Polymers Corp)

Duties and Authority of Liquidator. The liquidator will make adequate provision for the discharge of all of the Company's Fund’s debts, obligations and liabilities. The liquidator may sell, encumber or retain for distribution in kind any of the Company's Fund’s assets. Any gain or loss recognized on the sale of assets will be allocated to the Members' Limited Partners’ Capital Accounts in accordance with the provisions of Article 4. With respect to any asset the liquidator determines to retain for distribution in kind, the liquidator will allocate to the Members' Limited Partners’ Capital Accounts the amount of gain or loss that would have been recognized had the asset been sold at its fair market value.

Appears in 2 contracts

Samples: Limited Partnership Agreement (Veloce Cap Fund 1 Lp), Limited Partnership Agreement (Veloce Cap Fund 1 Lp)

Duties and Authority of Liquidator. The liquidator will make adequate provision for the discharge of all of the Company's ’s debts, obligations and liabilities. The liquidator may sell, encumber or retain for distribution in kind any of the Company's ’s assets. Any gain or loss recognized on the sale of assets will be allocated to the Members' Capital Accounts in accordance with the provisions of Article 4. With respect to any asset the liquidator determines to retain for distribution in kind, the liquidator will allocate to the Members' Capital Accounts the amount of gain or loss that would have been recognized had the asset been sold at its fair market value.

Appears in 2 contracts

Samples: Limited Liability Company Operating Agreement (Circle of Wealth Fund III LLC), Limited Liability Company Operating Agreement (Circle of Wealth Fund III LLC)

Duties and Authority of Liquidator. The liquidator Liquidator will make adequate provision for the discharge of all of the Company's debts, obligations and liabilities. The liquidator Liquidator may sell, encumber or retain for distribution in kind any of the Company's assets. Any gain or loss recognized on the sale of assets will be allocated to the Members' Capital Accounts in accordance with the provisions of Article 49. With respect to any asset the liquidator Liquidator determines to retain for distribution in kind, the liquidator will allocate to the Members' Capital Accounts the amount of gain or loss that would have been recognized had the asset been sold at its fair market value.

Appears in 2 contracts

Samples: Operating Agreement (Aspen Mortgage Income Fund II, LLC), Operating Agreement (Aspen Mortgage Income Fund II, LLC)

Duties and Authority of Liquidator. The liquidator will make adequate provision for the discharge of all of the Company's ’s debts, obligations and liabilities. The liquidator may sell, encumber or retain for distribution in kind any of the Company's ’s assets. Any gain or loss recognized on the sale of assets will be allocated to the Members' Capital Accounts in accordance with the provisions of Article 44.2. With respect to any asset the liquidator determines to retain for distribution in kind, the liquidator will allocate to the Members' Capital Accounts the amount of gain or loss that would have been recognized had the asset been sold at its fair market value.

Appears in 1 contract

Samples: Operating Agreement (Energius Management LLC)

AutoNDA by SimpleDocs

Duties and Authority of Liquidator. The liquidator will make adequate provision for the discharge of all of the Company's ’s debts, obligations and liabilities. The liquidator may sell, encumber or retain for distribution in kind any of the Company's ’s assets. Any gain or loss recognized on the sale of assets will be allocated to the Members' Capital Accounts in accordance with the provisions of Article 4Section 5.02. With respect to any asset the liquidator determines to retain for distribution in kind, the liquidator will allocate to the Members' Capital Accounts the amount of gain or loss that would have been recognized had the asset been sold at its fair market value.

Appears in 1 contract

Samples: Operating Agreement

Duties and Authority of Liquidator. The liquidator will make adequate provision for the discharge of all of the Company's debts, obligations and liabilities. The liquidator may sell, encumber or retain for distribution in kind any of the Company's assets. Any gain or loss recognized on the sale of assets will be allocated to the Members' Capital Accounts Accounts, in accordance with the provisions of Article 4. With respect to any asset the liquidator determines to retain for distribution in kind, the liquidator will allocate to the Members' Capital Accounts the amount of gain or loss that would have been recognized had the asset been sold at its fair market value.

Appears in 1 contract

Samples: Operating Agreement (Diagnostic Pathology Management Services Inc)

Duties and Authority of Liquidator. The liquidator will make adequate provision for the discharge of all of the CompanyLLC's debts, obligations and liabilities. The liquidator may sell, encumber or retain for distribution in kind any of the CompanyLLC's assets. Any gain or loss recognized on the sale of assets will be allocated to the Members' Capital Accounts in accordance with the provisions of Article 4. With respect to any asset the liquidator determines to retain for distribution in kind, the liquidator will allocate to the Members' Capital Accounts the amount of gain or loss that would have been recognized had the asset been sold at its fair market value.

Appears in 1 contract

Samples: Operating Agreement (Sachem Capital Corp.)

Duties and Authority of Liquidator. The liquidator will make adequate provision for the discharge of all of the Company's ’s debts, obligations and liabilities. The liquidator may sell, encumber or retain for distribution distribution, in kind kind, any of the Company's ’s assets. Any gain or loss recognized on the sale of assets will be allocated to the Members' Capital Accounts of the Members in accordance with the provisions of Article 4ARTICLE 4 hereof. With respect to any asset that the liquidator determines to retain for distribution in kind, the liquidator will allocate to the Members' Capital Accounts of the Members the amount of gain or loss that would have been recognized had the asset been sold at its fair market value.

Appears in 1 contract

Samples: Operating Agreement

Duties and Authority of Liquidator. The liquidator Liquidator will make adequate provision provisions for the discharge of all of the Company's debts, obligations and liabilities. The liquidator Liquidator may sell, encumber or retain for distribution in kind any of the Company's assets. Any gain or loss recognized on the sale of assets will be allocated to the Members' Capital Accounts in accordance with the provisions of Article 43.7. With respect to any asset the liquidator Liquidator determines to retain for distribution in kind, the liquidator Liquidator will allocate to the Members' Capital Accounts the amount of gain or loss that would have been recognized had the asset been sold at its fair market value.

Appears in 1 contract

Samples: Operating Agreement

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!