Withdrawal Distribution Sample Clauses

Withdrawal Distribution. Within sixty (60) days after an Involuntary Withdrawal, the Managing Member shall make a Withdrawal Distribution to the withdrawing Member. The Withdrawal Distribution may, in the sole discretion of the Managing Member, be effected (i) in cash, (ii) by transfer to the Member of certain portfolio securities or other assets of the Company, whether or not readily marketable, the fair market value of which would satisfy the Withdrawal Distribution, or (iii) in any combination of the foregoing. A portion of each Withdrawal Distribution, typically ten percent (10%), will be held by the Company until completion of the Company’s year-end audit for the year during which such withdrawal is made, with such balance being paid no later than thirty (30) days after the completion of the audit of the Company’s books for the year of the withdrawal. If the Member is deemed to have received a distribution in excess of the applicable value at the time of withdrawal, the Member will be required to refund the amount of the overpayment.
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Withdrawal Distribution. As promptly as practicable following the ERISA Withdrawal Date, there shall be distributed to such ERISA Partner, in full payment and satisfaction of its Fund Interest, an amount equal to the amount which such ERISA Partner would have been entitled to receive pursuant to Article XI if the Fund had been liquidated on and as of the ERISA Withdrawal Date and each of the Fund’s assets had been sold on such date for its fair market value determined pursuant to Section 8.1. For purposes of determining the amount of the distribution to be made to such ERISA Partner, the value of each of the Fund’s assets as determined in the Fund’s most recent valuation, and the Fund’s annual or quarterly financial statements, as the case may be, for the period preceding the ERISA Withdrawal Date shall be deemed to be conclusive unless either the withdrawing ERISA Partner or the General Partner notifies the other in writing, either before the ERISA Withdrawal Date or not less than twenty (20) Business Days thereafter, of such Person’s objection to such valuation, indicating briefly the reason(s) therefor. If within twenty (20) Business Days after such an objection to a determination of value has been made, a substitute value has not been agreed upon by the General Partner and such withdrawing ERISA Partner, the General Partner shall submit the dispute to an independent appraiser selected by the General Partner and reasonably acceptable to the withdrawing ERISA Partner. If there shall be more than one Limited Partner that is a withdrawing ERISA Partner, the independent appraiser referred to in the preceding sentence shall be reasonably acceptable to a majority in interest (based on their Percentage Interests) of such withdrawing ERISA Partners. The cost of the independent appraiser shall be borne by the withdrawing ERISA Partners ratably in accordance with their respective Capital Commitments.
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Withdrawal Distribution. 4.02 1.12 Compensation...................1.03 4.06 Participant Contribution - 1.13 Earned Income..................1.05
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Related to Withdrawal Distribution

  • Final Distribution The liquidator will distribute any assets remaining after the discharge or accommodation of the Company’s debts, obligations and liabilities to the Member.

  • Final Distributions Section 8.01. Sale of Receivables or Certificateholders' Interest pursuant to Section 2.06 or 10.01 of the Agreement and Section 7.01 or 7.02 of this Supplement.

  • Special Distribution If and whenever the Company shall issue or distribute to all or substantially all the holders of Common Stock:

  • Residual Distributions If the Liquidation Preference has been paid in full to all holders of Designated Preferred Stock and the corresponding amounts payable with respect of any other stock of the Issuer ranking equally with Designated Preferred Stock as to such distribution has been paid in full, the holders of other stock of the Issuer shall be entitled to receive all remaining assets of the Issuer (or proceeds thereof) according to their respective rights and preferences.

  • REMIC Distributions On each Distribution Date the Trustee shall be deemed to have allocated distributions to the REMIC I Regular Interests, REMIC II Regular Interests, Class CE Interest, Class P Interest and Class IO Interest in accordance with Section 5.07 hereof.

  • Special Distributions In case the Company shall fix a record date for the making of a distribution to all holders of shares of Common Stock (including any such distribution made in connection with a consolidation or merger in which the Company is the surviving corporation) or evidences of indebtedness or assets (other than dividends and distributions referred to in Sections 4(c) and 4(d) above and other than cash dividends) or of subscription rights, options, warrants, or exchangeable or convertible securities containing the right to subscribe for or purchase shares of any class of equity securities of the Company (excluding those referred to in Section 4(e) above), the Warrant Price to be in effect on and after such record date shall be adjusted by multiplying the Warrant Price in effect immediately prior to such record date by a fraction (i) the numerator of which shall be the fair market value per share of Common Stock on such record date, less the fair value (as determined by the Board of Directors of the Company in good faith as set forth in a duly adopted board resolution certified by the Company's Secretary or Assistant Secretary) of the portion of the assets or evidences of indebtedness so to be distributed or of such subscription rights, options, warrants, or exchangeable or convertible securities applicable to one (1) share of the Common Stock outstanding as of such record date, and (ii) the denominator of which shall be such fair market value per share of Common Stock. Such adjustment shall be made successively whenever such a record date is fixed; and in the event that such distribution is not so made, the Warrant Price shall again be adjusted to be the Warrant Price which would then be in effect if such record date had not been fixed, but such subsequent adjustment shall not affect the number of Warrant Shares issued upon any exercise of this Warrant prior to the date such subsequent adjustment was made. h.

  • Distribution Upon Withdrawal No withdrawing Member shall be entitled to receive any distribution or the value of such Member’s Interest in the Company as a result of withdrawal from the Company prior to the liquidation of the Company, except as specifically provided in this Agreement.

  • Regular Distributions Subject to the rights of the holders of Preferred Units ranking senior to or on parity with the Series H Preferred Units, the holders of Series H Preferred Units shall be entitled to receive on each Distribution Payment Date, out of assets of the Partnership legally available for the payment of the distributions, monthly cumulative cash distributions at the following rates per annum on the $1,000 liquidation preference per Series H Preferred Unit:

  • Hardship Distribution Upon the Board of Director's determination (following petition by the Executive) that the Executive has suffered an unforeseeable financial emergency as described in Section 2.2.2, the Company shall distribute to the Executive all or a portion of the Deferral Account balance as determined by the Company, but in no event shall the distribution be greater than is necessary to relieve the financial hardship.

  • No Distribution Except with respect to any Shares that may be offered and sold pursuant to the Registration Statement, Counterparty is not entering into the Transaction to facilitate a distribution of the Shares (or any security that may be converted into or exercised or exchanged for Shares, or whose value under its terms may in whole or in significant part be determined by the value of the Shares) or in connection with any future issuance of securities.

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