Common use of Quarterly Cash Distributions Clause in Contracts

Quarterly Cash Distributions. (a) All payments of Quarterly Cash Distribution Amounts, regardless of the source or character of the assets to be distributed, shall be made in the following order of priority: (i) During the Subordination Period: (A) First, 100% to the Common Unitholders on a pro rata basis with respect to each Common Unit until there has been distributed with respect to each Common Unit for such quarterly period an amount equal to the Subordination Threshold for such Quarterly Period as set forth on Schedule 1 hereto; (B) Second, 100% to the Subordinated Unitholders on a pro rata basis with respect to each Subordinated Unit until there has been distributed with respect to each Subordinated Unit for such quarterly period an amount equal to the Subordination Threshold for such Quarterly Period set forth on Schedule 1 hereto; (C) Third, 100% to the Trust Unitholders on a pro rata basis with respect to each Trust Unit until aggregate per Unit distributions to holders of Trust Units for such Quarterly Period equal the Incentive Threshold for such Quarterly Period; and (D) Thereafter, (x) 50% to XxxxXxxxx (such amounts, “Incentive Distributions”) and (y) 50% to the Trust Unitholders on a pro rata basis with respect to each Trust Unit. (ii) After the Subordination Period, 100% to the holders of Common Units (including Subordinated Units converted to Common Units) on a pro rata basis with respect to each Common Unit. (b) At the expiration of the Subordination Period, all Subordinated Units shall automatically convert to Common Units on a one-for-one basis. (c) All Sales Proceeds Amounts shall be distributed 100% to the holders of Trust Units on a pro rata basis on the Quarterly Payment Date following the Quarterly Period in which such sale occurred. (d) All distributions made under this Section 3.15 to Trust Unitholders shall be made to the holders of record of the applicable Trust Units on the Quarterly Record Date and XxxxXxxxx, as applicable.

Quarterly Cash Distributions. (a) All all payments of Quarterly Cash Distribution Amounts, regardless of the source or character of the assets to be distributed, shall be made in the following order of priority: (i) During the Subordination Period: (A) First, 100% to the Common Unitholders on a pro rata basis with respect to each Common Unit until there has been distributed with respect to each Common Unit for such quarterly period an amount equal to the Subordination Threshold for such Quarterly Period as set forth on Schedule 1 Annex A hereto; (B) Second, 100% to the Subordinated Unitholders on a pro rata basis with respect to each Subordinated Unit until there has been distributed with respect to each Subordinated Unit for such quarterly period an amount equal to the Subordination Threshold for such Quarterly Period set forth on Schedule 1 Annex A hereto; (C) Third, 100% to the Trust Unitholders on a pro rata basis with respect to each Trust Unit until aggregate per Unit distributions to holders of Trust Units for such Quarterly Period equal the Incentive Threshold for such Quarterly Period; (D) Fourth, (x) 50% to ECA in respect of its right to receive Incentive Distributions and (y) 50% to ECA until ECA has received aggregate distributions pursuant to this Section 3.15(a)(i)(D)(y) of $4,957,920 (representing ECA’s costs in establishing the Floor Agreements), plus compound interest on the unreimbursed amount accrued from April 8, 2010 at 10% per annum (such aggregate amount described in this clause (y) the “Reimbursement Amount”); and (DE) Thereafter, (x) 50% to XxxxXxxxx (such amounts, “ECA in respect of its right to receive Incentive Distributions”) Distributions and (y) 50% to the Trust Unitholders on a pro rata basis with respect to each Trust Unit. (ii) After the Subordination Period, 100% to the holders of Common Units (including Subordinated Units converted to Common Units) on a pro rata basis with respect to each Common Unit. (b) At the expiration of the Subordination Period, all Subordinated Units shall automatically convert to Common Units on a one-for-one basis. (c) All Sales Proceeds Amounts shall be distributed 100% to the holders of Trust Units on a pro rata basis on the Quarterly Payment Date following the Quarterly Period in which such sale occurred. (d) All distributions made under this Section 3.15 to Trust Unitholders shall be made to the holders of record of the applicable Trust Units on the Quarterly Record Date and XxxxXxxxxECA, as applicable.

Quarterly Cash Distributions. (a) All all payments of Quarterly Cash Distribution Amounts, regardless of the source or character of the assets to be distributed, shall be made in the following order of priority: (i) During the Subordination Period: (A) First, 100% to the Common Unitholders on a pro rata basis with respect to each Common Unit until there has been distributed with respect to each Common Unit for such quarterly period an amount equal to the Subordination Threshold for such Quarterly Period as set forth on Schedule 1 Annex A hereto; (B) Second, 100% to the Subordinated Unitholders on a pro rata basis with respect to each Subordinated Unit until there has been distributed with respect to each Subordinated Unit for such quarterly period an amount equal to the Subordination Threshold for such Quarterly Period set forth on Schedule 1 Annex A hereto; (C) Third, 100% to the Trust Unitholders on a pro rata basis with respect to each Trust Unit until aggregate per Unit distributions to holders of Trust Units for such Quarterly Period equal the Incentive Threshold for such Quarterly Period; (D) Fourth, (x) 50% to ECA in respect of its right to receive Incentive Distributions and (y) 50% to ECA until ECA has received aggregate distributions pursuant to this Section 3.15(a)(i)(D)(y) of $4,957,920 (representing ECA’s costs in establishing the Floor Agreements), plus compound interest on the unreimbursed amount accrued from [l], 2010 at 10% per annum (such aggregate amount described in this clause (y) the “Reimbursement Amount”); and (DE) Thereafter, (x) 50% to XxxxXxxxx (such amounts, “ECA in respect of its right to receive Incentive Distributions”) Distributions and (y) 50% to the Trust Unitholders on a pro rata basis with respect to each Trust Unit. (ii) After the Subordination Period, 100% to the holders of Common Units (including Subordinated Units converted to Common Units) on a pro rata basis with respect to each Common Unit. (b) At the expiration of the Subordination Period, all Subordinated Units shall automatically convert to Common Units on a one-for-one basis. (c) All Sales Proceeds Amounts shall be distributed 100% to the holders of Trust Units on a pro rata basis on the Quarterly Payment Date following the Quarterly Period in which such sale occurred. (d) All distributions made under this Section 3.15 to Trust Unitholders shall be made to the holders of record of the applicable Trust Units on the Quarterly Record Date and XxxxXxxxxECA, as applicable.