Common use of Property Distributions and Installment Sales Clause in Contracts

Property Distributions and Installment Sales. If any assets of the Company will be distributed in kind pursuant to this Article 5, such assets will be distributed to the Members entitled thereto in the same proportions as the Members would have been entitled to cash Distributions. The amount by which the Fair Market Value of any property to be distributed in kind to the Members exceeds or is less than the then prevailing Asset Value of such property will, to the extent not otherwise recognized by the Company, be taken into account in determining Net Profit and Net Loss and determining the Capital Accounts of the Members as if such property had been sold at its Fair Market Value immediately prior to such Distribution.

Appears in 2 contracts

Samples: Limited Liability Company Agreement, Limited Liability Company Agreement (Gryphon Gold Corp)

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Property Distributions and Installment Sales. If any assets of the Company will shall be distributed in kind pursuant to this Article 5Section 6.4, such assets will shall be distributed to the Members entitled thereto in the same proportions as the Members would have been entitled to cash Distributions. The amount by which the Fair Market Value of any property to be distributed in kind to the Members exceeds or is less than the then prevailing Asset Value of such property willshall, to the extent not otherwise recognized by the Company, be taken into account in determining Net Profit and Net Loss and determining the Capital Accounts of the Members as if such property had been sold at its Fair Market Value immediately prior to such Distribution.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Marathon Patent Group, Inc.)

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Property Distributions and Installment Sales. If any assets of the Company will shall be distributed in kind pursuant to this Article 5Section 6.5, such assets will shall be distributed to the Members entitled thereto in the same proportions as the Members would have been entitled to cash Distributions. The amount by which the Fair Market Value of any property to be distributed in kind to the Members exceeds or is less than the then prevailing Asset Value of such property willshall, to the extent not otherwise recognized by the Company, be taken into account in determining Net Profit and Net Loss and determining the Capital Accounts of the Members as if such property had been sold at its Fair Market Value immediately prior to such Distribution.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Inventergy Global, Inc.)

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