Nature of Distributions. Other than distributions pursuant to Sections 6.1(a), 6.1(b) and 6.1(c), which shall be made in cash, and Section 6.3, which shall be made as set forth in Section 11.2(d), subject to Section 12.1(a)(iii), the Partnership may make distributions in kind; provided that, in the event of any such in-kind distribution, all recipients of such distribution shall receive the same general form of consideration.
Nature of Distributions. The nature of the distribution of a Participant's Distributable Benefit shall be as hereinafter provided.
Nature of Distributions. Distributions may be made in cash or other Property, or both, in the discretion of the General Partner.
Nature of Distributions. A distribution will only be a return of capital if it is designated as such by this Agreement or by written designation of the General Partner.
Nature of Distributions. For the purpose of this Agreement, distributions of Income and Capital include:
(a) all sums actually paid or distributed to the Partners from the Limited Partnership out of Capital or Income (without any deduction for any withholding tax payable by any person in respect of the amount paid, or distribution costs or expenses incurred by, or taxation payable by, any Limited Partner in relation to such payments or distributions) and such payments or distributions are deemed to be made on the date of payment or distribution;
(b) all distributions in kind to the Partners; and
(c) all distributions in cash or in kind to the Partners following termination of the Limited Partnership.
Nature of Distributions. (a) The Manager will use commercially reasonable efforts to make distributions in cash. Except upon liquidation of the Fund pursuant to Section 12.2, the Fund shall not make in-kind distributions. The Manager shall not discriminate among the Members in any such distribution in-kind, but shall, to the extent feasible, in any such distribution: (i) distribute to the Members entitled to participate therein assets of approximately the same type and in approximately the same proportions, and (ii) if cash and other assets are to be distributed simultaneously in respect of a single investment, distribute cash and other assets in approximately the same proportion to each such Member.
(b) Notwithstanding anything to the contrary in Section 6.7(a), the Manager will not make any distribution in-kind to any Member if such Member notifies the Manager in writing that such Member has concluded in good faith that such distribution: (i) would result in a violation of applicable law, rule or regulation (including a prohibited transaction under Section 406 of ERISA or Section 4975 of the Code); or (ii) likely cause a Foundation Member to be subject to excise taxes imposed by Chapter 42, Subchapter A of the Code (other than Sections 4940, 4947 and 4948 of the Code), such notice to set forth in reasonable detail the bases for such conclusion. In the event of any such notice, the Manager will use its reasonable commercial efforts to sell, on behalf of such Member or Foundation Member, as the case may be, any assets that would otherwise have been distributed to such Member in-kind at the best price available to the Manager and shall distribute to such Member the proceeds of such sale, net of the expenses related thereto.
Nature of Distributions. Any distributions made to Members during any year pursuant to Article V shall be considered drawings of money against their distributive shares of income for purposes of Treasury Regulation Section 1.731-1(a)(1)(ii).
Nature of Distributions. Any Series C Preferred Unit Distribution shall have equal priority to one another and shall be senior in priority to distributions on any Membership Interest which is a Junior Unit with respect to the payment of distributions.
Nature of Distributions. Base Distributions, Special Distributions, Ratchet Distributions and Default Distributions shall all be considered to be Distributions on the Series B-1 Preferred Partnership Units and shall have equal priority to one another and shall be senior in priority to distributions on any Partnership Units which are Junior Units with respect to the payment of distributions subject to the terms of this Exhibit G.
Nature of Distributions. In liquidating the Company, Manager will make distributions in cash, in kind, or partly in cash and partly in kind as Manager may determine. Manager will use its best efforts to make distributions in cash. Manager need not distribute all of the Assets at once, but may make partial distributions.
