Common use of Non-Cash Assets Clause in Contracts

Non-Cash Assets. Every reasonable effort shall be made to dispose of the assets of the Company so that the distribution may be made to the Members in cash. If at the time of the termination of the Company, the Company owns any assets in the form of work in progress, notes, deeds to secure debt or other non-cash assets, such assets, if any, shall be distributed in kind to the Members, in lieu of cash, proportionately to their right to receive the assets of the Company on an equitable basis reflecting the Fair Market Value of the assets so distributed. In the alternative, the Members may cause the Company to distribute some or all of its non-cash assets to the Members as tenants-in-common subject to such terms, covenants and conditions as the Members may adopt.

Appears in 3 contracts

Samples: Limited Liability Company Agreement (Chelsea Gca Realty Partnership Lp), Limited Liability Company Agreement (Chelsea Gca Realty Inc), Limited Liability Company Agreement (Chelsea Gca Realty Inc)

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Non-Cash Assets. Every reasonable effort shall be made to dispose of the assets of the Company so that the distribution may be made to the Members Parties in cash. If at the time of the termination of the Company, the Company owns any assets in the form of work in progress, notes, deeds to secure debt or other non-cash assets, such assets, if any, shall be distributed in kind to the MembersParties, in lieu of cash, proportionately to their right to receive the assets of the Company on an equitable basis reflecting the Fair Market Value of the assets so distributed. In the alternative, the Members Parties may cause the Company to distribute some or all of its non-cash assets to the Members Parties as tenants-in-common subject to such terms, covenants and conditions as the Members Parties may adopt.

Appears in 2 contracts

Samples: Joint Venture Agreement (Chelsea Gca Realty Inc), Joint Venture Agreement (Chelsea Gca Realty Partnership Lp)

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Non-Cash Assets. Every reasonable effort shall be made to dispose of the assets of the Company so that the distribution may be made to the Members in cash. If at the time of the termination of the Company, the Company owns any assets in the form of work in progress, notes, securities, deeds to secure debt or other non-cash assets, then upon Approval of the Members, such assets, if any, shall be distributed in kind to the Members, in lieu of cash, proportionately to their right to receive the assets of the Company on an equitable basis reflecting the Fair Market Value of the assets so distributed. In the alternative, the Members may cause the Company to distribute some or all of its non-cash assets to the Members as tenants-in-common subject to such terms, covenants and conditions as the Members may adoptadopt by Approval of the Members.

Appears in 1 contract

Samples: Limited Liability Company Agreement (CNL Hospitality Properties Inc)

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