Liquidating Trust. In the discretion of the Liquidating Trustee, a pro rata portion of the distributions that would otherwise be made to the Members pursuant to Section 12.3 may be distributed to a trust established for the benefit of the Members for the purposes of liquidating Company assets, collecting amounts owed to the Company and paying any contingent or unforeseen liabilities or obligations of the Company arising out of or in connection with the Company. The assets of any such trust shall be distributed to the Members from time to time in the reasonable discretion of the Liquidating Trustee, in the same proportions as the amount distributed to such trust by the Company would otherwise have been distributed to the Members pursuant to this Agreement.
Appears in 6 contracts
Samples: Membership Unit Purchase Agreement (FVA Ventures, Inc.), Membership Unit Purchase Agreement (FVA Ventures, Inc.), Operating Agreement (Inland Real Estate Corp)
Liquidating Trust. In the discretion of the Liquidating TrusteeManagement, a pro rata all or any portion of the distributions that would otherwise be made to the Members pursuant to Section 12.3 15.2(c) may be distributed to a trust established for the benefit of the Members for the purposes of liquidating Company assets, collecting amounts owed to the Company and paying any contingent debts or unforeseen liabilities or other obligations of the Company arising out of or in connection with the Company. Management shall appoint one or more persons as liquidating trustee. The assets of any such trust shall be distributed to the Members from time to time in the reasonable discretion of the Liquidating Trustee, Trustee in the same proportions as the amount distributed to such trust by the Company would otherwise have been distributed to the Members pursuant to this Agreement.
Appears in 2 contracts
Samples: Operating Agreement, Operating Agreement
Liquidating Trust. In the discretion of the Liquidating TrusteeLiquidator, a pro rata portion of the distributions that would otherwise be made to the Members pursuant to Section 12.3 this Article XIV may be distributed transferred to the trustee of a trust established for the benefit of the Members for the purposes of liquidating Company assets, collecting amounts owed to the Company Company, and paying any contingent contingent, conditional or unforeseen unmatured liabilities or obligations of the Company arising out of or in connection with Company; the Company. The assets of any such trust shall be distributed to the Members from time to time time, in the reasonable discretion of the Liquidating TrusteeLiquidator, in the same proportions as the amount distributed to such trust by the Company would otherwise have been distributed to the Members pursuant to this AgreementSection 14.2.
Appears in 2 contracts
Samples: Operating Agreement (1847 Holdings LLC), Operating Agreement (Atlas Industries Holdings LLC)
Liquidating Trust. In the discretion of the Liquidating Trustee, a pro rata portion of the distributions that would otherwise be made to the Members pursuant to Section 12.3 may be distributed to a trust established for the benefit of the Members for the purposes of liquidating Company assets, collecting amounts owed to the Company and paying any contingent or unforeseen liabilities or obligations of the Company arising out of or in connection with the Company. The assets of any such trust shall be distributed to the Members from time to time in the reasonable discretion of the Liquidating Trustee, in the same proportions as the amount distributed to such trust by the Company would otherwise have been distributed to the Members upon liquidation pursuant to this Agreement.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Inland Retail Real Estate Trust Inc)