Common use of Net Proceeds of a Capital Transaction Clause in Contracts

Net Proceeds of a Capital Transaction. Prior to the dissolution and termination of the Company, Net Proceeds of a Capital Transaction shall be distributed by the Company, from time to time, in the following order of priority: (i) First, pro rata among the Investors in accordance with the Unpaid Investor Preferred Return of each Investor at such time, until such time as the Unpaid Investor Preferred Return of each Investor has been reduced to zero; (ii) Second, pro rata among the Investors in accordance with the Invested Capital of each Investor at such time, until such time as the Invested Capital of each Investor has been reduced to zero; (iii) Third, to Inland, until such time as the Unpaid Inland Preferred Return has been reduced to zero; (iv) Fourth, to Inland, in an amount equal to Inland’s Unpaid Special Return at such time; and (v) Fifth, the balance, to the Class A Members, in proportion to their respective Class A Units in the Company.

Net Proceeds of a Capital Transaction. Prior to the dissolution and termination of the Company, Net Proceeds of a Capital Transaction shall of the Company (or Net Proceeds of a Capital Transaction of a Subsidiary that has been distributed to the Company) may be distributed by the Company, Company from time to time, time in the sole and absolute discretion of the Manager in the following order of priority: (i) First, pro rata among to the Investors Investors, in accordance with proportion to their respective Class B Units in the Unpaid Investor Preferred Return of each Investor at such timeCompany, until such time as the Unpaid Investor Preferred Return of for each Investor has been reduced to zero; (ii) Second, pro rata among to the Investors Investors, in accordance with proportion to their respective Class B Units in the Invested Capital of each Investor at such timeCompany, until such time as the Invested Capital of each Investor has been reduced to zero; (iii) Third, to Inlandthe Class A Member, until such time as the Unpaid Inland Preferred Return has been reduced to zero;; and (iv) Fourth, to Inland, in an amount equal to Inland’s Unpaid Special Return at such time; and (v) Fifth, the balance, to the Class A Members, in proportion to their respective Class A Units in the CompanyMember.