Timing of Distributions. (a) Subject to the applicable provisions of the Delaware Act and except as otherwise provided herein, the Managing Member shall pay distributions to the Members associated with such Series pursuant to Section 7.1, at such times as the Managing Member shall reasonably determine, and pursuant to Section 7.2, as soon as reasonably practicable after the relevant amounts have been received by the Series; provided that, the Managing Member shall not be obliged to make any distribution pursuant to this Section (i) unless there are sufficient amounts available for such distribution or (ii) which, in the reasonable opinion of the Managing Member, would or might leave the Company or such Series with insufficient funds to meet any future contemplated obligations or contingencies including to meet any Operating Expenses and outstanding Operating Expenses Reimbursement Obligations (and the Managing Member is hereby authorized to retain any amounts within the Company to create a reserve to meet any such obligations or contingencies), or which otherwise may result in the Company or such Series having unreasonably small capital for the Company or such Series to continue its business as a going concern. Subject to the terms of any Series Designation (including, without limitation, the preferential rights, if any, of holders of any other class of Interests of the applicable Series), distributions shall be paid to the holders of the Interests of a Series on an equal per Interest basis as of the Record Date selected by the Managing Member. Notwithstanding any provision to the contrary contained in this Agreement, the Company shall not be required to make a distribution to any Member on account of its interest in any Series if such distribution would violate the Delaware Act or other applicable law.
(b) Notwithstanding Section 7.2 and Section 7.3(a), in the event of the termination and liquidation of a Series, all distributions shall be made in accordance with, and subject to the terms and conditions of, ARTICLE XI.
(c) Each distribution in respect of any Interests of a Series shall be paid by the Company, directly or through any other Person or agent, only to the Record Holder of such Interests as of the Record Date set for such distribution. Such payment shall constitute full payment and satisfaction of the Company and such Series liability in respect of such payment, regardless of any claim of any Person who may have an interest in such payment by reason of an assignment or...
Timing of Distributions. General Rule. Except as provided in Subsections (d) and (e) below, Plan Shares shall be distributed to the Participant or his Beneficiary, as the case may be, as soon as practicable after they have been earned. No fractional shares shall be distributed. Notwithstanding anything herein to the contrary, at the discretion of the Committee, Plan Shares may be distributed prior to such Shares being 100% earned, provided that such Plan Shares shall contain a restrictive legend detailing the applicable limitations of such shares with respect to transfer and forfeiture.
Timing of Distributions. If the Partnership is “liquidated” within the meaning of Regulations Section 1.704-1(b)(2)(ii)(g), distributions shall be made under this Article XIII to the General Partner and Limited Partners who have positive Capital Accounts in compliance with Regulations Section 1.704-1(b)(2)(ii)(b)(2). In the discretion of the General Partner, a pro rata portion of the distributions that would otherwise be made to the General Partner and Limited Partners pursuant to this Article XIII may be: (A) distributed to a trust established for the benefit of the General Partner and Limited Partners for the purposes of liquidating Partnership assets, collecting amounts owed to the Partnership and paying any contingent or unforeseen liabilities or obligations of the Partnership or of the General Partner arising out of or in connection with the Partnership (in which case the assets of any such trust shall be distributed to the General Partner and Limited Partners from time to time, in the reasonable discretion of the General Partner, in the same proportions as the amount distributed to such trust by the Partnership would otherwise have been distributed to the General Partner and Limited Partners pursuant to this Agreement); or (B) withheld to provide a reasonable reserve for Partnership liabilities (contingent or otherwise) and to reflect the unrealized portion of any installment obligations owed to the Partnership; provided, however, that such withheld amounts shall be distributed to the General Partner and Limited Partners as soon as practicable.
Timing of Distributions. Distributions by the Security Agent shall be made as and when determined by it.
Timing of Distributions. General Rule. Plan Shares shall be distributed to the Recipient or his Beneficiary, as the case may be, as soon as practicable after they have been earned.
Timing of Distributions. (i) All distributions shall commence in accordance with the following [choose one]:
(A) ¨ As soon as administratively feasible following the distribution event but in no event later than the time prescribed by Treas. Reg. Sec. 1.409A-3(d).
(B) x Monthly on specified day 15th [insert day]
(C) ¨ Annually on specified month and day [insert month and day]
(D) ¨ Calendar quarter on specified month and day [ month of quarter (insert 1,2 or 3); day (insert day)]
(ii) The timing of distributions as determined in Section 6.01(a)(i) shall be modified by the adoption of:
(A) ¨ Event Delay – Distribution events other than those based on Specified Date or Specified Age will be treated as not having occurred for months [insert number of months].
(B) ¨ Hold Until Next Year – Distribution events other than those based on Specified Date or Specified Age will be treated as not having occurred for twelve months from the date of the event if payment pursuant to Section 6.01(a)(i) will thereby occur in the next calendar year or on the first payment date in the next calendar year in all other cases.
(C) ¨ Immediate Processing – The timing method selected by the Plan Sponsor under Section 6.01(a)(i) shall be overridden for the following distribution events [insert events]:
(D) x Not applicable.
Timing of Distributions. Distributions of Available Cash shall be at such times and in such amounts as the Manager shall reasonably determine; provided, that the Manager shall distribute Available Cash at least once per calendar quarter unless the applicable credit agreement or loan document to which the Company or its subsidiaries are a party prohibits such distribution, in which case the Manager shall immediately distribute all amounts that were not distributed on account of such prohibition as soon as permissible under the applicable credit agreement or loan document.
Timing of Distributions. Except as provided in Section 3(c)(2) below, the Corporation shall distribute Compensatory Shares and accumulated cash from dividends and interest, if any, to the Employee or her Beneficiary, as the case may be, as soon as practicable after they have been earned. No fractional shares shall be distributed.
Timing of Distributions. In cases of termination for other than death, Disability or retirement, benefits shall be paid:
(i) As soon as administratively feasible, following the close of the valuation period during which a distribution is requested or is otherwise payable.
(ii) As soon as administratively feasible following the close of the Plan Year during which a distribution is requested or is otherwise payable.
(iii) As soon as administratively feasible, following the date on which a distribution is requested or is otherwise payable.
(iv) As soon as administratively feasible, after the close of the Plan Year during which the Participant incurs consecutive one-year Breaks in Service.
(v) Only after the Participant has achieved the Plan's Normal Retirement Age, or Early Retirement Age, if applicable. In cases of death, Disability or retirement, benefits shall be paid:
(vi) As soon as administratively feasible, following the close of the valuation period during which a distribution is requested or is otherwise payable.
(vii) As soon as administratively feasible following the close of the Plan Year during which a distribution is requested or is otherwise payable.
(viii) As soon as administratively feasible, following the date on which a distribution is requested or is otherwise payable.
Timing of Distributions. In cases of termination benefits shall be paid:
(i) As soon as administratively feasible following the close of the Plan Year during which a distribution is requested or is otherwise payable. [X] (ii) As soon as administratively feasible, following the date on which a distribution is requested or is otherwise payable.
