Common use of Liquidation Proceeds Clause in Contracts

Liquidation Proceeds. (a) In the case of the dissolution and liquidation of the Company, the Company may make a distribution in kind. Any cash and all distributions in kind that are to be distributed shall be distributed to the Shareholders, on a pro rata basis based upon the respective Percentages of the Shareholders as of the date of such distribution. (b) Unless otherwise agreed by the Shareholders, and to the extent permitted under any agreements with third parties, all assets to be distributed upon the dissolution and liquidation of the Company shall be distributed as follows: (i) first, to creditors, including Shareholders who are creditors, to the extent permitted by law, in satisfaction of liabilities of the Company, other than for distributions to Shareholders pursuant to Section 6.2 (Distributions); and (ii) second, to the Shareholders on a pro rata basis based upon the respective Percentages of the Shareholders as of the date of such distribution. For purposes of this Section 11.8, instruments of transfer and other documents reasonably requested by the distributee shall be executed by the Company or the other Shareholder, or both. (c) Any distribution made pursuant to this Section 11.8 shall be made as soon as practicable under and in accordance with applicable Japanese law.

Liquidation Proceeds. (a) In the case of the dissolution and liquidation of the Company, the Company may make a distribution in kind. Any cash and all distributions in kind that are to be distributed shall be distributed to the ShareholdersUnitholders, on a pro rata basis based upon the respective Percentages of the Shareholders Unitholders as of the date of such distribution. (b) Unless otherwise agreed by the ShareholdersUnitholders, and to the extent permitted under any agreements with third parties, all assets to be distributed upon the dissolution and liquidation of the Company shall be distributed as follows: (i) first, to creditors, including Shareholders Unitholders who are creditors, to the extent permitted by law, in satisfaction of liabilities of the Company, other than for distributions to Shareholders Unitholders pursuant to Section 6.2 (Distributions); and (ii) second, to the Shareholders Unitholders on a pro rata basis based upon the respective Percentages of the Shareholders Unitholders as of the date of such distribution. For purposes of this Section 11.8, instruments of transfer and other documents reasonably requested by the distributee shall be executed by the Company or the other ShareholderUnitholder, or both. (c) Any distribution made pursuant to this Section 11.8 shall be made as soon as practicable under and in accordance with applicable Japanese law.

Liquidation Proceeds. (a) In the case of the dissolution and liquidation of the Company, the Company may make a distribution in kind. Any cash and all distributions in kind that are to be distributed shall be distributed to the ShareholdersUnitholders, on a pro rata basis based upon the respective Percentages of the Shareholders Unitholders as of the date of such distribution. (b) Unless otherwise agreed by the ShareholdersUnitholders, and to the extent permitted under any agreements with third parties, all assets to be distributed upon the dissolution and liquidation of the Company shall be distributed as follows: (i) first, to creditors, including Shareholders Unitholders who are creditors, to the extent permitted by law, in satisfaction of liabilities of the Company, other than for distributions to Shareholders Unitholders pursuant to Section 6.2 6.02 (Distributions); and (ii) second, to the Shareholders Unitholders on a pro rata basis based upon the respective Percentages of the Shareholders Unitholders as of the date of such distribution. For purposes of this Section 11.811.07, instruments of transfer and other documents reasonably requested by the distributee shall be executed by the Company or the other ShareholderUnitholder, or both. (c) Any distribution made pursuant to this Section 11.8 11.07 shall be made as soon as practicable under and in accordance with applicable Japanese law.

Liquidation Proceeds. (a) In the case of the dissolution and liquidation of the Company, the Company may make a distribution in kind. Any cash and all distributions in kind that are to be distributed shall be distributed to the Shareholders, on a pro rata basis based upon the respective Percentages of the Shareholders as of the date of such distribution. (b) Unless otherwise agreed by the Shareholders, and to the extent permitted under any agreements with third parties, all assets to be distributed upon the dissolution and liquidation of the Company shall be distributed as follows: (i) first, to creditors, including Shareholders who are creditors, to the extent permitted by law, in satisfaction of liabilities of the Company, other than for distributions to Shareholders pursuant to Section 6.2 (Distributions); andand EXECUTION VERSION (ii) second, to the Shareholders on a pro rata basis based upon the respective Percentages of the Shareholders as of the date of such distribution. For purposes of this Section 11.8, instruments of transfer and other documents reasonably requested by the distributee shall be executed by the Company or the other Shareholder, or both. (c) Any distribution made pursuant to this Section 11.8 shall be made as soon as practicable under and in accordance with applicable Japanese law.