Liquidation and Dissolution. 4.4.1. If the Company is liquidated, the assets of the Company shall be distributed to the Interest Holders in accordance with the balances in their respective Capital Accounts, after taking into account the allocations of Profit or Loss pursuant to Sections 4.1 or 4.2, if any, and distributions, if any, of cash or property, if any, pursuant to Sections 4.1 and 4.2.3. 4.4.2. No Interest Holder shall be obligated to restore a Negative Capital Account.
Appears in 15 contracts
Samples: Operating Agreement (National Credit & Guaranty CORP), Operating Agreement (National Credit & Guaranty CORP), Operating Agreement (National Credit & Guaranty CORP)
Liquidation and Dissolution. 4.4.1. (a) If the Company is liquidated, the assets of the Company shall be distributed to the Interest Holders in accordance with the balances in their respective Capital Accounts, after taking into account the allocations of Profit or Loss pursuant to Sections 4.1 or 4.2Section 4.1, if any, and distributions, if any, of cash or property, if any, pursuant to Sections 4.1 and 4.2.34.2.
4.4.2. (b) No Interest Holder shall be obligated to restore a Negative Capital Account.
Appears in 5 contracts
Samples: Operating Agreement (Miller Lloyd I Iii), Operating Agreement (Miller Lloyd I Iii), Operating Agreement (Aldila Inc)
Liquidation and Dissolution. 4.4.1. If the Company is liquidated, the assets of the Company shall be distributed to the Economic Interest Holders in accordance with the balances in their respective Capital Accounts, after taking into account the allocations of Profit or Loss pursuant to Sections 4.1 or Section 4.2, if any, and distributions, if any, of cash or property, if any, property pursuant to Sections 4.1 and 4.2.3Section 4.1.
4.4.2. No Economic Interest Holder shall be obligated to restore a Negative Capital Account.
Appears in 5 contracts
Samples: Operating Agreement (West Village Gym at the Archives LLC), Operating Agreement (West Village Gym at the Archives LLC), Operating Agreement (West Village Gym at the Archives LLC)
Liquidation and Dissolution. 4.4.1. If the Company is liquidated, the assets of the Company shall be distributed to the Interest Holders in accordance with the balances in their respective Capital Accounts, after taking into account the allocations of Profit or Loss pursuant to Sections 4.1 or Section 4.2, if any, and distributions, if any, of cash or property, if any, pursuant to Sections 4.1 and 4.2.3Section 4.1.
4.4.2. No Interest Holder shall be obligated to restore a Negative Capital Account.
Appears in 2 contracts
Samples: Operating Agreement (Hughes Water & Sewer, LTD), Operating Agreement (Hughes MRO, Ltd.)
Liquidation and Dissolution. 4.4.1. If the Company is liquidated, the assets of the Company shall be distributed to the Interest Holders Member in accordance with the balances balance in their respective its Capital AccountsAccount, after taking into account the allocations of Profit or Loss pursuant to Sections 4.1 or 4.2, if any, and distributions, if any, of cash or property, if any, pursuant to Sections 4.1 and 4.2.3.
4.4.2. No Interest Holder The Member shall not be obligated to restore a Negative Capital Account.
Appears in 2 contracts
Samples: Operating Agreement (National Credit & Guaranty CORP), Operating Agreement (Kimball Hill, Inc.)
Liquidation and Dissolution. 4.4.1. If the Company is liquidated, the assets of the Company shall be distributed to the Interest Holders Members and the Special Member in accordance with the balances in their respective Capital Accounts, after taking into account the allocations of Profit or Loss pursuant to Sections 4.1 or 4.2Loss, if any, pursuant to Section 4.1, and distributions, if any, of cash or property, if any, Cash Flow pursuant to Sections 4.1 and 4.2.3Section 4.2.
4.4.2. No Interest Holder shall be obligated to restore a Negative Capital Account.
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Liquidation and Dissolution. 4.4.1. If Upon liquidation of the Company is liquidatedCompany, the assets of the Company shall be distributed to the Interest Holders in accordance with the positive balances in their respective Capital Accounts, after taking into account giving effect to all Contributions, Distributions, and allocations for all periods. Distributions to the allocations of Profit or Loss Interest Holders pursuant to Sections 4.1 or 4.2, if any, and distributions, if any, of cash or property, if any, pursuant to Sections 4.1 and 4.2.3this Section 4.4.1 shall be made in accordance with Regulation Section 1.704-l(b)(2)(ii)(b)(2).
4.4.2. No Interest Holder shall be obligated to restore a Negative Capital Account.
Appears in 1 contract
Samples: Operating Agreement (O Gara Co)
Liquidation and Dissolution. 4.4.1. If the Company is liquidated, the assets of the Company shall be distributed to the Economic Interest Holders in accordance with the balances balance in their respective Capital Accounts, after taking into account the allocations of Profit or Loss pursuant to Sections 4.1 or Section 4.2, if any, and distributions, if any, of cash or property, if any, property pursuant to Sections 4.1 and 4.2.3Section 4.1.
4.4.2. No Economic Interest Holder shall be obligated to restore a Negative Capital Account.
Appears in 1 contract
Samples: Operating Agreement (West Village Gym at the Archives LLC)
Liquidation and Dissolution. 4.4.1. 4.3.1 If the Company is liquidated, the assets of the Company shall be distributed to the Interest Holders in accordance with the balances in their respective Capital Accounts, after taking into account the allocations of Profit or Loss pursuant to Sections 4.1 or Section 4.2, if any, and distributions, if any, of cash or property, if any, property pursuant to Sections 4.1 and 4.2.3Section 4.1.
4.4.2. No 4.3.2 Neither Interest Holder shall be obligated to restore a Negative Capital Account.
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Liquidation and Dissolution. 4.4.1. If the Company is liquidated, the assets of the Company shall be distributed to the Interest Holders in accordance with the balances in their respective Capital Accounts, after taking into account the allocations of Profit or Loss pursuant to Sections 4.1 or 4.2, if any, and distributions, if any, of cash or property, if any, pursuant to Sections 4.1 and 4.2.3, and 4.3.
4.4.2. No Interest Holder shall be obligated to restore a Negative Capital Account.
Appears in 1 contract
Samples: Limited Liability Company Agreement (TRxADE HEALTH, INC)
Liquidation and Dissolution. 4.4.14.3.1. If the Company is liquidated, the assets of the Company shall be distributed to the Interest Holders in accordance with the balances in their respective Positive Capital Accounts, after taking into account the allocations of Profit or Loss pursuant to Sections 4.1 or 4.1., 4.2., and 4.4.2., if any, and distributions, if any, of cash or property, if any, pursuant to Sections 4.1 and 4.2.3.
4.4.24.3.2. No Interest Holder shall be obligated to restore a Negative Capital Account.
Appears in 1 contract
Samples: Operating Agreement (Access Financial Solutions Inc)
Liquidation and Dissolution. 4.4.1. If the Company is liquidated, the assets of the Company shall be distributed to the Interest Holders in accordance with the balances in their respective Capital Accounts, after taking into account the allocations of Profit or Loss pursuant to Sections 4.1 or Section 4.2, if any, and distributions, if any, of cash or property, if any, property pursuant to Sections 4.1 and 4.2.3Section 4.1.
4.4.2. No Interest Holder shall be obligated to restore a Negative Capital Account.
Appears in 1 contract
Samples: Operating Agreement (DMTR LLC)
Liquidation and Dissolution. 4.4.1. If Upon liquidation of the Company is liquidatedCompany, the assets of the Company shall be distributed to the Interest Holders in accordance with the positive balances in their respective Capital Accounts, after taking into account giving effect to all Contributions, distributions, and allocations for all periods. Distributions to the allocations of Profit or Loss Interest Holders pursuant to Sections 4.1 or 4.2, if any, and distributions, if any, of cash or property, if any, pursuant to Sections 4.1 and 4.2.3.
4.4.2. No Interest Holder this Section 4.4.1 shall be obligated to restore a Negative Capital Accountmade in accordance with Regulation Section 1.704-1(b)(2)(ii)(b)(2).
Appears in 1 contract
Samples: Operating Agreement (Titan Corp)
Liquidation and Dissolution. 4.4.1. 4.4.1 If the Company is liquidated, the assets of the Company shall be distributed to the Interest Holders in accordance with the balances in their respective Capital Accounts, after taking into account the allocations of Profit or Loss pursuant to Sections 4.1 or 4.2, if any, and distributions, if any, of cash or property, if any, pursuant to Sections 4.1 and 4.2.3.
4.4.2. 4.4.2 No Interest Holder shall be obligated to restore a Negative Capital Account.
Appears in 1 contract
Samples: Operating Agreement (New Holland Credit Company, LLC)
Liquidation and Dissolution. 4.4.14.3.1. If the Company is liquidated, the assets of the Company shall be distributed to the Interest Holders in accordance with the positive balances in their respective Capital Accounts, after taking into account the allocations of Profit or Loss pursuant to Sections 4.1 or Section 4.2, if any, and distributions, if any, of cash or property, if any, property pursuant to Sections 4.1 and 4.2.3Section 4.1.
4.4.24.3.2. No Interest Holder shall be obligated to restore a Negative Capital Account.
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Liquidation and Dissolution. 4.4.1. If the Company is liquidated, the assets of the Company shall be distributed to the Interest Holders Members in accordance with the balances in their respective Capital Accounts, after taking into account the allocations of Profit or Loss pursuant to Sections 4.1 or 4.2, if any, and distributions, if any, of cash or property, if any, property pursuant to Sections 4.1 4.1.3 and 4.2.3.
4.4.2. No Interest Holder Member shall be obligated to restore a Negative Capital Account.
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Liquidation and Dissolution. 4.4.1. If 4.4.1 Upon liquidation of the Company is liquidatedCompany, the assets of the Company shall be distributed to the Interest Holders in accordance with the positive balances in their respective Capital Accounts, after taking into account giving effect to all Contributions, distributions, and allocations for all periods. Distributions to the allocations of Profit or Loss Interest Holders pursuant to Sections 4.1 or 4.2, if any, and distributions, if any, of cash or property, if any, pursuant to Sections 4.1 and 4.2.3this Section 4.4.1 shall be made in accordance with Regulation Section 1.704-1(b)(2)(ii)(b)(2).
4.4.2. 4.4.2 No Interest Holder shall be obligated to restore a Negative Capital Account.
Appears in 1 contract
Samples: Operating Agreement (L-3 Communications InfraredVision Technology CORP)
Liquidation and Dissolution. 4.4.1. (a) If the Company is liquidated, the assets of the Company shall be distributed to the Interest Holders in accordance with the balances in their respective Capital Accounts, after taking into account Section 9.2, and the allocations of Profit or Loss pursuant to Sections 4.1 or Section 4.2, if any, and distributionsDistributions, if any, of cash or property, if any, property pursuant to Sections 4.1 and 4.2.3Section 4.3.
4.4.2. (b) No Interest Holder shall be obligated to restore a Negative Capital Account.
Appears in 1 contract
Samples: Operating Agreement (Texas Unwired)
Liquidation and Dissolution. 4.4.1. If the Company is liquidated, the assets of the Company shall be distributed to the Interest Holders in accordance with the balances in their respective Capital Accounts, after taking into account the allocations of Profit or Loss pursuant to Sections 4.1 4.1. or 4.2, if any, and distributions, if any, of cash or property, if any, pursuant to Sections 4.1 and 4.2.3.
4.4.2. No Interest Holder shall be obligated to restore a Negative Capital Account.
Appears in 1 contract
Samples: Operating Agreement
Liquidation and Dissolution. 4.4.1. If the Company is liquidated, the assets of the Company shall be distributed to the Interest Holders in accordance with the balances in their respective Capital Accounts, after taking into account the allocations of Profit or Loss pursuant to Sections 4.1 or Section 4.2, if any, and distributions, if any, of cash or property, if any, property pursuant to Sections 4.1 and 4.2.3.
4.4.24.1. No Interest Holder shall be obligated to restore a Negative Capital Account.
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Liquidation and Dissolution. 4.4.1. If the Company is liquidated, the assets of the Company shall be distributed to the Interest Holders in accordance with the balances in their respective Capital Accounts, after taking into account the allocations of Profit or Loss pursuant to Sections 4.1 or Section 4.2, if any, and distributions, if any, of cash or property, if any, pursuant to Sections 4.1 and 4.2.3Section 4.1.
4.4.2. No Interest Holder shall be obligated to restore a Negative Capital Account.
Appears in 1 contract
Liquidation and Dissolution. 4.4.1. (a) If the Company is liquidated, the assets of the Company shall be distributed to the Interest Holders in accordance with the balances in their respective Capital Accounts, after taking into account the allocations of Profit or Loss pursuant to Sections 4.1 Section 4.01 or 4.2Section 4.02, if any, and distributions, if any, of cash or property, if any, pursuant to Sections 4.1 Section 4.01(b) and 4.2.3Section 4.02(c).
4.4.2. No Interest Holder (b) A Member shall be obligated to restore a Negative Capital AccountAccount consistent with the Interest Holder’s obligations in Section 5.07(e).
Appears in 1 contract
Samples: Capital Account Agreement
Liquidation and Dissolution. 4.4.1. If 4.4.1 Upon liquidation of the Company is liquidatedCompany, the assets of the Company shall be distributed to the Interest Holders in accordance with the their positive balances in their respective Capital Accounts, after taking into account giving effect to all Contributions, distributions, and allocations for all periods. Distributions to the allocations of Profit or Loss Interest Holders pursuant to Sections 4.1 or 4.2, if any, and distributions, if any, of cash or property, if any, pursuant to Sections 4.1 and 4.2.3this Section 4.4.1 shall be made in accordance with all applicable Regulations.
4.4.2. 4.4.2 No Interest Holder shall be obligated to restore a Negative Capital Account.
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Liquidation and Dissolution. 4.4.1. If the Company is liquidated, the --------------------------- assets of the Company shall be distributed to the Interest Holders in accordance with the balances in their respective Capital Accounts, after taking into account the allocations of Profit Profits or Loss Losses pursuant to Sections 4.1 or 4.2, if any4.1.1, and distributions, if any, of cash or property, if any, property pursuant to Sections 4.1 and 4.2.3Section 4.1.2.
4.4.2. No Interest Holder shall be obligated to restore a Negative Capital Account.
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Liquidation and Dissolution. 4.4.1. If the Company is liquidated, the assets of the Company shall be distributed to the Interest Holders in accordance with the balances in their respective Capital Accounts, after taking into account the allocations of Profit or Loss pursuant to Sections 4.1 or 4.2, if any, and distributions, if any, of cash or property, if any, pursuant to Sections 4.1 and 4.2.3.;
4.4.2. No Interest Holder shall be obligated to restore a Negative Capital Account.
Appears in 1 contract
Samples: Operating Agreement (National Credit & Guaranty CORP)
Liquidation and Dissolution. 4.4.1. If the Company is liquidated, the assets of the Company shall be distributed to the Interest Holders in accordance with the balances in their respective Capital Accounts, after taking into account the allocations of Profit or Loss pursuant to Sections 4.1 or 4.2, if any, and distributions, if any, of cash or property, if any, pursuant to Sections 4.1 and 4.2.3.
4.4.2. No Interest Holder shall be obligated to restore a Negative Capital Account.
Appears in 1 contract
Samples: Receivables Purchase Agreement (Bethlehem Steel Corp /De/)