Common use of Excess Distributions Clause in Contracts

Excess Distributions. To the extent that the aggregate of actual and deemed distributions to a Member under this Article VI for any period exceeds the distributions to which such Member is entitled for such period, the amount of such excess shall be considered an amount upon which the Company shall pay a preferred return to all other Members, in proportion to the As-Converted Percentage Interests of such other Members, until such excess has been repaid to the Company by the Member receiving such excess distribution, which repayment shall be made out of distributions to which such Member would otherwise be subsequently entitled if the Member does not otherwise repay such excess. The preferred return payable under this Section 6.3 shall be seven and one-half percent (7.5%) per annum, accruing from and after the date on which such excess is distributed. Notwithstanding any other provision in this Agreement to the contrary, if an excess distribution or advance distribution made to a Member or a shortfall tax distribution as calculated under Section 6.4(c) remains outstanding when such Member or any other Member disposes of its interest in the Company, by transfer, liquidation, conversion into stock of RPH or otherwise, a payment by such Member or an adjustment to such other Member’s Units shall be made to settle the outstanding amount; provided, that, any adjustment to the Member’s Units in the Company will be made in Series A Preferred Units to ensure that the Xxxx Members, collectively, own at least 51% of the common equity in the Company.

Excess Distributions. To the extent that the aggregate of actual and deemed distributions to a Member under this Article VI for any period exceeds the distributions to which such Member is entitled for such period, the amount of such excess shall be considered an amount upon which the Company shall pay a preferred return to all other Members, in proportion to the As-Converted Percentage Interests of such other Members, until such excess has been repaid to the Company by the Member receiving such excess distribution, which repayment shall be made out of distributions to which such Member would otherwise be subsequently entitled if the Member does not otherwise repay such excess. The preferred return payable under this Section 6.3 hereunder shall be seven and one-half percent (7.5%) per annum, accruing from and after the date on which such excess is distributed. Notwithstanding any other provision in this Agreement to the contrary, if an excess distribution or advance distribution made to a Member or a shortfall tax distribution as calculated under Section 6.4(c) remains outstanding when such Member or any other Member disposes of its interest in the Company, by transfer, liquidation, conversion into stock of RPH or otherwise, a payment by such Member or an adjustment to such other Member’s 's Units shall be made to settle the outstanding amount; provided, that, any adjustment to the Member’s 's Units in the Company will be made in Series A Preferred Units to ensure insure that the Xxxx MembersVestar and Reid, collectivelyxxllectively, own at least 51% of the common equity in the Company.

Excess Distributions. To the extent that the aggregate of actual and deemed distributions to a Member under this Article VI for any period exceeds the distributions to which such Member is entitled for such period, the amount of such excess shall be considered an amount upon which the Company shall pay a preferred return to all other Members, in proportion to the As-Converted Percentage Interests of such other Members, until such excess has been repaid to the Company by the Member receiving such excess distribution, which repayment shall be made out of distributions to which such Member would otherwise be subsequently entitled if the Member does not otherwise repay such excess. The preferred return payable under this Section 6.3 shall be seven and one-half percent (7.5%) per annum, accruing from and after the date on which such excess is distributed. Notwithstanding any other provision in this Agreement to the contrary, if an excess distribution or advance distribution made to a Member or a shortfall tax distribution as calculated under Section 6.4(c) remains outstanding when such Member or any other Member disposes of its interest in the Company, by transfer, liquidation, conversion into stock of RPH or otherwise, a payment by such Member or an adjustment to such other Member’s Units shall be made to settle the outstanding amount; provided, that, any adjustment to the Member’s Units in the Company will be made in Series A Preferred Units to ensure that the Xxxx Rxxx Members, collectively, own at least 51% of the common equity in the Company.