Liquidation and Distribution of Assets. Upon the dissolution of the Company, the Manager, or, if there is no Manager, the remaining Member(s), or a court appointed trustee if there is no remaining Member, shall take full account of the Company’s liabilities and assets, and such assets shall be liquidated as promptly as is consistent with obtaining the fair value thereof During the period of liquidation, the business and affairs of the Company shall continue to be governed by the provisions of this Agreement, with the management of the Company continuing as provided in Section 5 hereof. The proceeds from liquidation of the Company’s property, to the extent sufficient therefore, shall be applied and distributed in the following order: 9.2.3.1 To the payment and discharge of all of the Company’s debts and liabilities, including those to Members who are creditors (to the extent permitted by law), and to the establishment of any necessary reserves; and [***] Confidential treatment requested. Omitted portions have been filed separately with the Securities and Exchange Commission. 9.2.3.2 To the Members and in accordance with Sections 3.1.2 and 3.1.3 hereof.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Whitney Information Network Inc)
Liquidation and Distribution of Assets. Upon the dissolution of the Company, the Manager, or, if there is no Manager, the remaining Member(s), or a court court-appointed trustee trustee, if there is no remaining Member, shall take full account of the Company’s 's liabilities and assets, and such assets shall be liquidated as promptly as is consistent with obtaining the fair value thereof thereof. During the period of liquidation, the business and affairs of the Company shall continue to be governed by the provisions of this Agreement, with the management of the Company continuing as provided in Section 5 hereof. The proceeds from liquidation of the Company’s 's property, to the extent sufficient thereforetherefor, shall be applied and distributed in the following order:
9.2.3.1 To the payment and discharge of all of the Company’s 's debts and liabilities, including those to Members who are creditors (to the extent permitted by law), and to the establishment of any necessary reserves; and [***] Confidential treatment requested. Omitted portions have been filed separately with the Securities and Exchange Commission.and
9.2.3.2 To the Members and in accordance with Sections 3.1.2 and 3.1.3 Section 3.1 hereof.
Appears in 1 contract
Samples: Operating Agreement (Udc Homes Inc)
Liquidation and Distribution of Assets. Upon the dissolution of the Company, the Manager, or, if there is no Manager, the remaining Member(s), or a court court-appointed trustee trustee, if there is no remaining Member, shall take full account of the Company’s 's liabilities and assets, and such assets shall be liquidated as promptly as is consistent with obtaining the fair value thereof thereof. During the period of liquidation, the business and affairs of the Company shall continue to be governed by the provisions of this Agreement, with the management of the Company continuing as provided in Section 5 hereof. The 31 proceeds from liquidation of the Company’s 's property, to the extent sufficient thereforetherefor, shall be applied and distributed in the following order:
9.2.3.1 To the payment and discharge of all of the Company’s 's debts and liabilities, including those to Members who are creditors (to the extent permitted by law), and to the establishment of any necessary reserves; and [***] Confidential treatment requested. Omitted portions have been filed separately with the Securities and Exchange Commission.and
9.2.3.2 9.3.2.2 To the Members and in accordance with Sections 3.1.2 and 3.1.3 Section 3.1 hereof.
Appears in 1 contract
Samples: Operating Agreement (Udc Homes Inc)
Liquidation and Distribution of Assets. Upon the dissolution of the Company, the Manager, or, if there is no Manager, the remaining Member(s), or a court appointed trustee if there is no remaining Member, shall take full account of the Company’s liabilities and assets, and such assets shall be liquidated as promptly as is consistent with obtaining the fair value thereof During the period of liquidation, the business and affairs of the Company shall continue to be governed by the provisions of this Agreement, with the management of the Company continuing as provided in Section 5 hereof. The proceeds from liquidation of the Company’s property, to the extent sufficient therefore, shall be applied and distributed in the following order:
9.2.3.1 To the payment and discharge of all of the Company’s debts and liabilities, including those to Members who are creditors (to the extent permitted by law), and to the establishment of any necessary reserves; and [***] Confidential treatment requested. Omitted portions have been filed separately with the Securities and Exchange Commission.and
9.2.3.2 To the Members and in accordance with Sections 3.1.2 and 3.1.3 hereof.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Whitney Information Network Inc)