Retained Distributions Clause Samples

Retained Distributions. The Company will retain custody of all cash dividends and other distributions (“Retained Distributions”) made or declared with respect to the Restricted Stock (and such Retained Distributions will be subject to the Restrictions and the other terms and conditions under this Agreement that are applicable to the Restricted Stock) until such time, if ever, as the Restricted Stock with respect to which such Retained Distributions shall have been made, paid or declared shall have become vested pursuant to Section 2.2(a) or, if earlier, tax withholding is otherwise due with respect to such Restricted Stock.

Retained Distributions. If an Applicable Member is a Non-Funding Member, then for so long as an Applicable Member is a Defaulting Member, any Distributions to which the Non-Funding Member would otherwise have been 50 entitled under this Agreement will instead be paid to the Contributing Member(s) (to the extent the Default Amount was funded under an Elective Contribution), or retained and used by the Company (to the extent the Default Amount was not funded under an Elective Contribution), until the Total Default Amount is paid in full to the Contributing Member(s) (solely to the extent an Elective Contribution is made) or retained by the Company until the Total Default Amount is retained by the Company (to the extent all or any portion of the Default Amount was not funded under an Elective Contribution). All retained Distributions under the preceding sentence are “Retained Distributions.”

Retained Distributions. 7 2.7 Deposit........................................................8 2.8

Retained Distributions. Any distributions (except tax distributions pursuant to Section 9.03) with respect to Class B Units that have not “vested” in accordance with the provisions of Section 13.06(b) shall be retained by the Company until “vesting” occurs (the “Retained Distributions”). Retained Distributions shall be promptly distributed by the Company upon vesting of the relevant Class B Units. Retained Distributions that are in respect of unvested Class B Units that are forfeited to the Company pursuant to Section 13.06(c) of this Agreement and become Class B Company Units shall be reallocated among the Members in accordance with Section 9.01.

Retained Distributions. 2.6 Seller...............................................

Retained Distributions. Seller shall retain the right to any distributions paid or owed by the Company to Buyer after the Closing Date with respect to the Ownership Interest for any period prior to the Closing Date ("Retained Distributions") including, but not limited to, any Retained Distributions discovered by Buyer or Seller during their respective review of the Post- Closing Audit. Buyer agrees to pay to Seller, not later than five (5) Business Days following receipt by Buyer of any Retained Distribution or the determination of any Retained Distributions owed by Company as per the Post- Closing Audit, the full amount of any such Retained Distributions with interest at the Agreed Rate accrued (i) from the Closing Date or (ii) in the case of Retained Distributions constituting the amount set forth in (c)in the following sentence, from the date such Retained Distribution is received by Buyer. For the purposes of determining Retained Distributions, a distribution will be deemed owed by the Company to Buyer in the amount of fifty per cent (50%) of the sum of: (a) all amounts in the operating cash account of the Company less $100,000, which is to remain in the account as working capital, plus (b) all receivables of the Company less any payables of the Company, plus (c) the amount of any recovery from ▇▇▇▇-▇▇▇▇▇▇▇▇ or its successor in interest from a claim by or on behalf of the Company in connection with losses arising from syngas cooler failures in 2000 ("Syngas Cooler Failures").