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.
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.
Appears in 5 contracts
Samples: Operating Agreement (Miller Lloyd I Iii), Operating Agreement (Synergy Brands Inc), Operating Agreement (Miller Lloyd I Iii)
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.
Appears in 5 contracts
Samples: Operating Agreement (West Village Gym at the Archives LLC), Operating Agreement (West Village Gym at the Archives LLC), 59th Street Gym 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.
Appears in 2 contracts
Samples: Operating Agreement (Hughes MRO, Ltd.), Operating Agreement (Hughes Water & Sewer, 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.
Appears in 2 contracts
Samples: Operating Agreement (Kimball Hill, Inc.), Kimball Hill Homes Illinois, LLC Operating Agreement (National Credit & Guaranty CORP)
Liquidation and Dissolution. 4.4.1. If Except as otherwise provided in Section 4.4.2, 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 and Loss, and any items specially allocated, pursuant to Sections 4.1 or 4.2Section IV, if any, and distributions, if any, distributions of cash or property, if any, pursuant to Sections 4.1 4.1.2.5 and 4.2.34.2.2.6(d).
Appears in 1 contract
Samples: Limited Liability Company Agreement (Lakes Entertainment 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.
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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.
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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 1.704-1(b)(2)(ii)(b)(2).
Appears in 1 contract
Samples: Operating Agreement (Titan Corp)
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).
Appears in 1 contract
Samples: Operating Agreement (L-3 Communications InfraredVision Technology CORP)
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.
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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.
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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 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 anySection 4.4, and distributions, if any, of cash or property, if any, property pursuant to Sections 4.1 and 4.2.34.3.
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 4.2.3Section 4.1.
Appears in 1 contract
Samples: Operating Agreement (DMTR LLC)
Liquidation and Dissolution. 4.4.14.3.1. If the Company is liquidateddissolved, the assets of the Company shall be distributed distributed, subject to Section 18-804(a)(1) of the Act, 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 4.24.1. 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.
Appears in 1 contract
Samples: Limited Liability Company Operating Agreement (Corporate Property Associates 18 Global 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 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.
Appears in 1 contract
Samples: Limited Liability Company Agreement (TRxADE HEALTH, 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 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.
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, pursuant to Sections 4.1 and 4.2.3Section 4.1.
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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.
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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.
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 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.
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 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.
Appears in 1 contract
Samples: 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 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.
Appears in 1 contract
Samples: Operating Agreement β Banjo Minnow (DM Products, Inc.)
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).
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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.
Appears in 1 contract
Samples: Limited Liability Company 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 or Section 4.2, if any, and distributions, if any, of cash or property, if any, property pursuant to Sections 4.1 and 4.2.34.1. 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 4.2, if any, and distributions, if any, of cash or property, if any, pursuant to Sections 4.1 and 4.2.3.;
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.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Bethlehem Steel Corp /De/)