Common use of Settling of Accounts Clause in Contracts

Settling of Accounts. Subject to any contrary requirement of the Act, upon the dissolution and liquidation of the Company, the proceeds of liquidation shall be applied as follows: (i) first, to pay all expenses of liquidation and winding up; (ii) second, to pay all debts, obligations and liabilities of the Company, in the order of priority as provided by law, other than debts owing to the Members or on account of Member’s contributions; (iii) third, to pay all debts of the Company owing to a Member; and (iv) to establish reasonable reserves for any remaining contingent or unforeseen liabilities of the Company not otherwise provided for, which reserves shall be maintained by the liquidator on behalf of the Company in a regular interest-bearing trust account for a reasonable period of time as determined by the liquidator. If any excess funds remain in such reserves at the end of such reasonable time, then such remaining funds shall be distributed by the Company pursuant to Section 9.6.

Appears in 9 contracts

Samples: Limited Liability Company Agreement (Clearwater Fiber, LLC), Liability Company Agreement (Clearwater Fiber, LLC), Limited Liability Company Agreement (Potlatch Minnesota Timberlands, LLC)

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Settling of Accounts. Subject to any contrary requirement section 18-804 of the Act, upon the dissolution and liquidation of the Company, the proceeds of liquidation shall be applied as follows: (ia) first, to pay all expenses of liquidation and winding up; (iib) second, to pay all debts, obligations and liabilities of the Company, in the order of priority as provided by law, other than debts owing to the Members or on account of Member’s Members' contributions; (iiic) third, to pay all debts of the Company owing to a Member; and (ivd) to establish reasonable reserves for any remaining contingent or unforeseen liabilities of the Company not otherwise provided for, which reserves shall be maintained by the liquidator on behalf of the Company in a regular interest-bearing trust account for a reasonable period of time as determined by the liquidator. If any excess funds remain in such reserves at the end of such reasonable time, then such remaining funds shall be distributed by the Company to the Members pursuant to Section 9.612.6 hereof.

Appears in 5 contracts

Samples: Contribution Agreement (Chevron Phillips Chemical Co LLC), Limited Liability Company Agreement (Phillips Petroleum Co), Limited Liability Company Agreement (Chevron Phillips Chemical Co LLC)

Settling of Accounts. Subject to any contrary requirement section 18-804 of the Act, upon the dissolution and liquidation of the Company, the proceeds of liquidation shall be applied as follows: (ia) first, to pay all expenses of liquidation and winding up; (iib) second, to pay all debts, obligations and liabilities of the Company, in the order of priority as provided by law, other than debts owing to the Members or on account of Member’s Members’ contributions; (iiic) third, to pay all debts of the Company owing to a Member; and (ivd) to establish reasonable reserves for any remaining contingent or unforeseen liabilities of the Company not otherwise provided for, which reserves shall be maintained by the liquidator on behalf of the Company in a regular interest-bearing trust account for a reasonable period of time as determined by the liquidator. If any excess funds remain in such reserves at the end of such reasonable time, then such remaining funds shall be distributed by the Company to the Members pursuant to Section 9.612.6 hereof.

Appears in 3 contracts

Samples: Limited Liability Company Agreement (Phillips 66), Limited Liability Company Agreement (Phillips 66), Consent Agreement (Phillips 66)

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Settling of Accounts. Subject to any contrary requirement section 18-804 of the Act, upon the dissolution and liquidation of the Company, the proceeds of liquidation shall be applied as follows: (ia) first, to pay all expenses of liquidation and winding up; (iib) second, to pay all debts, obligations and liabilities of the Company, in the order of priority as provided by law, other than debts owing to the Members or on account of Member’s Members' contributions; (iiic) third, to pay all debts of the Company owing to a Member; and (ivd) to establish reasonable reserves for any remaining contingent or unforeseen liabilities of the Company not otherwise provided for, which reserves shall be maintained by the liquidator on behalf of the Company in a regular interest-bearing trust account for a reasonable period of time as determined by the liquidator. If any excess funds remain in such reserves at the end of such reasonable time, then such remaining funds shall be distributed by the Company to the Members pursuant to Section 9.6.10.7 hereof. *CONFIDENTIAL TREATMENT REQUESTED

Appears in 1 contract

Samples: Limited Liability Company Agreement (Diversa Corp)

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