Limitation Upon Distributions. Notwithstanding Section 3.1 above, no distribution shall be declared and paid unless, after the distribution is made, the assets of the Company are in excess of all liabilities of the Company.
Appears in 19 contracts
Samples: Limited Liability Company Agreement (Antelope Coal LLC), Limited Liability Company Agreement (Antelope Coal LLC), Limited Liability Company Agreement (Antelope Coal LLC)
Limitation Upon Distributions. Notwithstanding Section 3.1 above, no distribution No Distribution shall be declared and paid unless, after the distribution such Distribution is made, the assets of the Company are in excess of all liabilities of the Company.
Appears in 14 contracts
Samples: Limited Liability Company Agreement, Operating Agreement (HTS-Sunset Harbor Partner, L.L.C.), Operating Agreement (HTS-Sunset Harbor Partner, L.L.C.)
Limitation Upon Distributions. Notwithstanding Section 3.1 above, no No distribution shall be declared and paid unless, after the distribution is made, the assets of the Company are in excess of all liabilities of the Company, except liabilities to Members on account of their contributions.
Appears in 13 contracts
Samples: Limited Liability Company Agreement, Operating Agreement (Nuverra Environmental Solutions, Inc.), Operating Agreement (Nuverra Environmental Solutions, Inc.)
Limitation Upon Distributions. Notwithstanding Section 3.1 4.1 above, no distribution shall be declared and paid unless, after the distribution is made, the assets of the Company are in excess of all liabilities of the Company.
Appears in 13 contracts
Samples: Operating Agreement (Drivetime Automotive Group Inc), Operating Agreement (DriveTime Ohio Company, LLC), Operating Agreement (DriveTime Ohio Company, LLC)
Limitation Upon Distributions. Notwithstanding Section 3.1 above, no No distribution shall be declared and paid unless, after the distribution is made, the assets of the Company are in excess of all liabilities of the Company.
Appears in 9 contracts
Samples: Operating Agreement (Mill Creek Land, L.P.), Operating Agreement (Mill Creek Land, L.P.), Operating Agreement (Mill Creek Land, L.P.)
Limitation Upon Distributions. Notwithstanding Section 3.1 above, no No distribution shall be declared and paid unless, after the distribution is made, the assets of the Company are in excess of all liabilities of the Company, except liabilities to Members on account of their Capital Contributions.
Appears in 4 contracts
Samples: Company Agreement (AMFM Broadcasting Licenses, LLC), Company Agreement (AMFM Broadcasting Licenses, LLC), Operating Agreement (Northeast Utilities System)
Limitation Upon Distributions. Notwithstanding Section 3.1 above, no No distribution shall will be declared and paid unless, after the distribution is made, the assets of the Company are in excess of all liabilities of the Company.
Appears in 4 contracts
Samples: Limited Liability Company Agreement, Limited Liability Company Agreement (Rex Energy Corp), Operating Agreement (Rex Energy Corp)
Limitation Upon Distributions. Notwithstanding Section 3.1 above, no No distribution shall be declared and paid unless, after the such distribution is made, the assets of the Company are in excess of all liabilities of the Company.
Appears in 3 contracts
Samples: Limited Liability Company Operating Agreement, Limited Liability Company Operating Agreement, Limited Liability Company Agreement (Baseline Oil & Gas Corp.)
Limitation Upon Distributions. Notwithstanding Section 3.1 above, no No distribution shall be declared and paid unless, after the distribution is made, the assets of the Company are in excess of all liabilities of the Company, except liabilities to Member(s) on account of their contributions.
Appears in 3 contracts
Samples: Operating Agreement, Operating Agreement, Operating Agreement
Limitation Upon Distributions. Notwithstanding Section 3.1 above, no No distribution shall be declared and paid unless, after the distribution is made, the assets of the Company are in excess of all exceed the liabilities of the Company.. 6.4
Appears in 2 contracts
Samples: Azotto Technology, LLC, Azotto Technology, LLC
Limitation Upon Distributions. Notwithstanding Section 3.1 above, no No distribution shall be declared and paid unless, after the distribution is made, the then fair market value of the assets of the Company are in excess of all liabilities of the Company, except liabilities to Members on account of their contributions.
Appears in 2 contracts
Samples: Operating Agreement (Diversified Opportunities Group LTD), Operating Agreement (Black Hawk Gaming & Development Co Inc)
Limitation Upon Distributions. Notwithstanding Section 3.1 above, no No distribution shall be declared and paid unless, after the distribution is made, the assets of the Company are in excess of all liabilities of the Company, except liabilities to Members on account of their contributions.
Appears in 2 contracts
Samples: Operating Agreement (SILC Holdings LLC), Operating Agreement (Browsesafe Com Inc)
Limitation Upon Distributions. Notwithstanding Section 3.1 above, no No distribution shall be declared and paid unless, after the distribution is made, the assets of the Company are in excess of all exceed the liabilities of the Company.
Appears in 1 contract
Limitation Upon Distributions. Notwithstanding Section 3.1 above, no No distribution shall be declared and paid unless, after the distribution is made, the fair value of assets of the Company are is in excess of all liabilities of the Company, except liabilities to Members or Assignees on account of their contributions.
Appears in 1 contract
Samples: Operating Agreement
Limitation Upon Distributions. Notwithstanding Section 3.1 above, no No distribution shall be declared and paid unless, after the distribution is made, the assets of the Company are in excess of all liabilities of the Company, except liabilities to former Members on account of the Company's acquisition of their Membership Interests.
Appears in 1 contract
Limitation Upon Distributions. Notwithstanding Section 3.1 above, no distribution No Distribution shall be declared and paid unless, after the distribution such Distribution is made, the assets of the Company are in excess of all liabilities of the Company.. 7.5
Appears in 1 contract
Samples: Operating Agreement
Limitation Upon Distributions. Notwithstanding Section 3.1 above, no No distribution shall be declared and paid unless, after the distribution is made, the assets fair value of the Company are assets is in excess of all liabilities of the CompanyCompany or as otherwise permitted by the Act.
Appears in 1 contract
Samples: Agreement of Limited Liability Company (Scotia Pacific Co LLC)
Limitation Upon Distributions. Notwithstanding Section 3.1 above, no No distribution shall be declared and paid unless, after the distribution is made, the assets of the Company are in excess of all liabilities of the Company, except liabilities to Members on account of their Capital Contributions.
Appears in 1 contract
Samples: Limited Liability Company Operating Agreement (New Gaming Capital Partnership)
Limitation Upon Distributions. Notwithstanding Section 3.1 above, no distribution No distributions shall be declared ----------------------------------------- and paid unless, after the distribution is made, the assets of the Company are in excess of all liabilities of the Company, except liabilities to Members on account of their contributions.
Appears in 1 contract
Samples: Limited Liability Company Operating Agreement (DCH Technology Inc)
Limitation Upon Distributions. Notwithstanding Section 3.1 above, no distribution shall be declared and paid unless, after the distribution is made, the Company’s assets of the Company are in excess of all liabilities of the Company’s liabilities.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Dictionary.com, LLC)
Limitation Upon Distributions. Notwithstanding Section 3.1 9.1 above, no distribution shall be declared and paid unless, after the distribution is made, the Company will be able to pay its debts as they become due in the usual course of business and the assets of the Company are in excess of all liabilities of the Company.
Appears in 1 contract
Samples: Operating Agreement (Scranton Quincy Hospital Company, LLC)
Limitation Upon Distributions. Notwithstanding Section 3.1 above, no No distribution shall be declared and paid unless, after the distribution is made, the assets of the Company are in excess of all liabilities of the Company., except liabilities to Members on account of their contributions. 9 .05
Appears in 1 contract
Limitation Upon Distributions. Notwithstanding Section 3.1 above, no No distribution shall be declared and paid unless, after the distribution is made, the assets of the Company are in excess of all liabilities of the Company, except liabilities to the Sole Member on account of its Capital Contributions.
Appears in 1 contract
Samples: Escrow Agreement (Resmed Inc)
Limitation Upon Distributions. Notwithstanding Section 3.1 above, no No distribution shall be declared and paid unless, after the distribution is made, the assets of the Company are in excess of all liabilities of the Company, except liabilities to Members on account of their Capital Contribution.
Appears in 1 contract
Limitation Upon Distributions. Notwithstanding Section 3.1 aboveAnything herein to the contrary notwithstanding, no distribution shall be declared and paid unless, after the distribution is made, the assets of the Company are in excess of all liabilities of the Company, except liabilities to Members on account of their Capital Contributions.
Appears in 1 contract
Samples: Limited Liability Company Operating Agreement (Nelnet Inc)
Limitation Upon Distributions. Notwithstanding Section 3.1 above, no distribution No Distribution shall be declared and paid unless, after the distribution such. Distribution is made, the assets of the Company are in excess of all liabilities of the Company.
Appears in 1 contract
Samples: Operating Agreement (HTS-Sunset Harbor Partner, L.L.C.)
Limitation Upon Distributions. Notwithstanding Section 3.1 above, no distribution No Distribution shall be declared and paid unless, after the distribution such Distribution is made, the assets of the Company company are in excess of all liabilities of the Company.
Appears in 1 contract
Limitation Upon Distributions. Notwithstanding Section 3.1 abovethe provisions of this Article VIII, no distribution shall be declared and paid unless, after the distribution is made, the assets of the Company are in excess of all liabilities of the Company, except liabilities to Members on account of their contributions.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Apgc Holdings Co LLC)
Limitation Upon Distributions. Notwithstanding Section 3.1 above, no No distribution shall be declared and paid unless, after the distribution is made, the assets of the Company are in excess of all liabilities of the Company, except liabilities to Members on account of their capital contributions.
Appears in 1 contract
Samples: Operating Agreement
Limitation Upon Distributions. Notwithstanding Section 3.1 above, no No distribution shall be declared and paid unlessif, after the distribution is made, made the assets of the Company are in excess of all liabilities sum of the Company's total assets would be less than the sum of its total liabilities.
Appears in 1 contract
Samples: Operating Agreement (Imax Corp)
Limitation Upon Distributions. Notwithstanding Section 3.1 above, no No distribution shall be declared and paid unless, after the distribution is made, the assets of the Company are in excess of all liabilities of the Company, except liabilities to Members on account of its Capital Contributions.
Appears in 1 contract
