Distributable Earnings definition
Examples of Distributable Earnings in a sentence
The Company shall distribute Net Distributable Earnings to Members according to the allocations provided for in Section 7.1, in cash to those Members who have on file with the Company their written election to receive cash distributions, as a pro rata share of the total Net Distributable Earnings.
Upon dissolution and winding up of the Company, the Company shall thereafter distribute Net Distributable Earnings and Net Proceeds available for distribution, if any, to the Members in accordance with the provisions of Section 12.3 of this Agreement.
Any Bonus payment as provided in the preceding sentence shall be paid (i) entirely in cash if Distributable Earnings (as defined in the Tender Offer Agreement) for the corresponding Earnings Period (as defined in the Tender Offer Agreement) is less than $45,000,000, or (ii) two-thirds in cash and one-third in the form of partnership equity (such one-third, the “Annual Equity Award”) if Distributable Earnings for the corresponding Earnings Period is equal to or greater than $45,000,000.
Notwithstanding the foregoing, immediately prior to any YFAI Change of Control, the YFAI Deferred Purchase Price (less the aggregate amount of any Deferred Purchase Price Payments previously made to Adient HK pursuant to this Section 3.4) shall become immediately due and payable (irrespective of the amount of Distributable Earnings as of such time) and Yanfeng shall (or shall cause YFAI to) pay such amount to Adient HK prior to such YFAI Change of Control.
In any year when no such advice is received by the Foundation, or when there are no Donor-Advisor(s), or if made are not acceptable to the Foundation’s Directors, distribution of the annual Distributable Earnings will be made at the discretion of the Foundation Directors with consideration being given to the original intent of the Donor-Advisor(s) and by guided by the pattern of giving established.