Sale of Company Assets. Upon dissolution, the Liquidator shall sell such of the Company assets as it deems necessary or appropriate. In lieu of the sale of any or all of the Company Property, after the satisfaction of liabilities to creditors of the Company, the liquidator may convey, distribute and assign all or any part of Company Property to the Members in such form of ownership as shall be determined by the Liquidator to be applicable to the jurisdiction where such Company Property is located. A full accounting shall be made of the accounts of the Company and of the Company’s assets, liabilities and income, from the date of the last accounting to the date of such dissolution. The profits and losses of the Company shall be determined to the date of dissolution and distributed as provided in Section 4, to the Members. In accounting for distributions of Company Property, such Company Property shall be valued at its fair value at the date of dissolution as determined in good faith by the Manager. Any difference between the valuation of Company Property and its book value shall be considered as though it represented profit or loss, and shall be allocated to the Members as provided in Section 4. Any gain or loss on disposition of Company Property shall be credited or charged to the Members in the same manner as the difference between the valuation of Company Property and its book value.
Appears in 2 contracts
Samples: Operating Agreement (DCT Chino LLC), Operating Agreement (DCT Chino LLC)
Sale of Company Assets. Upon dissolution, the Liquidator shall sell such of the Company assets as it deems necessary or appropriate. In lieu of the sale of any or all of the Company Property, after the satisfaction of liabilities to creditors of the Company, the liquidator Liquidator may convey, distribute and assign all or any part of Company Property to the Members in such form of ownership as shall be determined by the Liquidator to be applicable to the jurisdiction where such Company Property is located. A full accounting shall be made of the accounts of the Company and of the Company’s assets, liabilities and income, from the date of the last accounting to the date of such dissolution. The profits and losses of the Company shall be determined to the date of dissolution and distributed as provided in Section 4, to the Members. In accounting for distributions of Company Property, such Company Property shall be valued at its fair value at the date of dissolution as determined in good faith by the Manager. Any difference between the valuation of Company Property Property’ and its book value shall be considered as though it represented profit or loss, and shall be allocated to the Members as provided in Section 4. Any gain or loss on disposition of Company Property shall be credited or charged to the Members in the same manner as the difference between the valuation of Company Property and its book value.
Appears in 1 contract
Samples: Operating Agreement (DCT Chino LLC)
Sale of Company Assets. Upon dissolution, the Liquidator shall sell such of the Company assets as it deems necessary or appropriate. In lieu of the sale of any or all of the Company Property, after the satisfaction of liabilities to creditors of the Company, the liquidator Liquidator may convey, distribute and assign all or any part of Company Property to the Members Member in such form of ownership as shall be determined by the Liquidator to be applicable to the jurisdiction where such Company Property is located. A full accounting shall be made of the accounts of the Company and of the Company’s assets, liabilities and income, from the date of the last accounting to the date of such dissolution. The profits and losses of the Company shall be determined to the date of dissolution and distributed as provided in Section 4, to the MembersMember. In accounting for distributions of Company Property, such Company Property shall be valued at its fair value at the date of dissolution as determined in good faith by the Manager. Any difference between the valuation of Company Property and its book value shall be considered as though it represented profit or loss, and shall be allocated to the Members Member as provided in Section 4. Any gain or loss on disposition of Company Property shall be credited or charged to the Members Member in the same manner as the difference between the valuation of Company Property and its book value.
Appears in 1 contract
Samples: Operating Agreement (DCT Chino LLC)
Sale of Company Assets. Upon dissolution, the Liquidator shall sell such of the Company assets as it deems necessary or appropriate. In lieu of the die sale of any or all of the Company Property, after the satisfaction of liabilities to creditors of the Company, the liquidator Liquidator may convey, distribute and assign all or any part of Company Property to the Members in such form of ownership as shall be determined by the Liquidator to be applicable to the jurisdiction where such Company Property is located. A full accounting shall be made of the accounts of the Company and of the Company’s assets, liabilities and income, from the date of the last accounting to the date of such dissolution. The profits and losses of the Company shall be determined to the date of dissolution and distributed as provided in Section 4, to the Members. In accounting Members in Accounting for distributions of Company Property, such Company Property shall be valued at its fair value at the date of dissolution as determined in good faith by the Manager. Any difference between the valuation of Company Property and its book value shall be considered as though it represented profit or loss, and shall be allocated to the Members as provided in Section 4. Any gain or loss on disposition of Company Property shall be credited or charged to the Members in the same manner as the difference between the valuation of Company Property and its book value.
Appears in 1 contract
Samples: Operating Agreement (DCT Chino LLC)
Sale of Company Assets. Upon dissolution, the Liquidator shall sell such of the Company assets as it deems necessary or appropriate. In lieu Leu of the sale of any or all of the Company Property, after the satisfaction of liabilities to creditors of the Company, the liquidator Liquidator may convey, distribute and assign all or any part of Company Property to the Members in such form of ownership as shall be determined by the Liquidator to be applicable to the jurisdiction where such Company Property is located. A full accounting shall be made of the accounts of the Company and of the Company’s assets, liabilities and income, from the date of the last accounting to the date of such dissolution. The profits and losses of the Company shall be determined to the date of dissolution and distributed as provided in Section 4, to the Members. In accounting for distributions of Company Property, such Company Property shall be valued at its fair value at the date of dissolution as determined in good faith by the Manager. Any difference between the valuation of Company Property and its book value shall be considered as though it represented profit or loss, and shall be allocated to the Members as provided in Section 4. Any gain or loss on disposition of Company Property shall be credited or charged to the Members in the same manner as the difference between the valuation of Company Property and its book value.
Appears in 1 contract
Samples: Operating Agreement (DCT Chino LLC)