Distributable Proceeds definition

Distributable Proceeds means, as of any date, the excess of (i) the cash received by the Fund from any sale or other disposition of, or dividends, interest or other income from or with respect to, a Portfolio Investment or otherwise attributable to a Portfolio Investment, or otherwise received by the Fund from any source (other than payments made by the Partners to the Fund pursuant to this Agreement), over (ii) the sum of the amount of such items as is necessary for (A) for the payment of Fund Expenses and (B) the establishment of Reserves.

Distributable Proceeds means the amount equal to the aggregate cash flow and capital proceeds received by the Company from time to time and legally available for distribution in connection with the applicable Co-Investment, after the deduction of any reasonable reserves, the payment of any costs and expenses allocated to the applicable Co-Investment, and the applicable Company Investment Round Interest’s portion of any Company Expenses incurred by the Company (not allocated to a particular Co-Investment in accordance with this Agreement), each as reasonably determined by the Operating Member. For the avoidance of doubt, Distributable Proceeds shall not include Capital Contributions. Any Distributable Proceeds that the Operating Member reasonably determines are not allocable to a specific Co-Investment or Company Investment Round Interest, shall, after the reduction and payment of all applicable costs and expenses and reserves, be distributed to the Members, pro rata in accordance with their Company Percentage Interests.

Distributable Proceeds means the amount that remains after payment and reservation of all amounts necessary for the payment of all expenses of the Partnership, including but not limited to Expenses of the General Partner, any contribution that may be made by the General Partner to the Capital Accounts and payment of the Portfolio Management Fee, and reservation of such amounts as in the opinion of the General Partner are necessary having regard to the then current and anticipated resources of the Partnership and its commitments and anticipated commitments, distributions of cash assets or property of the Partnership or from the proceeds of the sale of all or any assets of the Partnership or consideration of non-cash items.

Examples of Distributable Proceeds in a sentence

• Such distributions shall be treated for all purposes hereof, other than this Section 14.5 (Tax Distributions), as advances of distributions pursuant to Section 14.2 (Distributions of Temporary Investment Income) and Section 14.3 (Distributions of Distributable Proceeds) and shall be applied to reduce the amount of future distributions to such Partner pursuant to Section 14.2 (Distributions of Temporary Investment Income) and Section 14.3 (Distributions of Distributable Proceeds).

• The General Partner may determine to retain and use Distributable Proceeds that otherwise would be distributed to a Limited Partner pursuant to Section 14.3 (Distribution of Distributable Proceeds) to fund all or part of any Capital Contribution that would otherwise be required to be made by such Limited Partner within [sixty (60)] days of the receipt of such Distributable Proceeds.

• Except as otherwise provided herein, Distributable Proceeds comprised of Temporary Investment Income shall generally be distributed on an [annual] basis and Distributable Proceeds other than Temporary Investment Income shall be distributed as soon as practicable after receipt by the Fund but in all events within [forty-five (45)] days of receipt by the Fund.

• Subject to 6.5 (Use of Distributable Proceeds to Fund Drawdowns), Distributable Proceeds comprised of Temporary Investment Income shall be distributed among the Partners (other than Defaulting Partners) in proportion to their Sharing Percentages with respect to the relevant Portfolio Investment.

• Subject to 6.5 (Use of Distributable Proceeds to Fund Drawdowns), Distributable Proceeds (other than Temporary Investment Income) from any Portfolio Investment shall be initially apportioned among the Partners in proportion to their Sharing Percentages with respect to the applicable Portfolio Investment.

More Definitions of Distributable Proceeds

Distributable Proceeds means Cash in the Distribution Account that is available for Distribution on account of Allowed Class 3 and Allowed Class 4 Claims, in accordance with the terms of the Plan.

Distributable Proceeds means all Cash of the Debtors available on or after the Effective Date after the funding of the Priority Tax Claims Reserve, the Other Secured Claims Reserve, the Professional Fee Escrow Account, and the Wind-Down Reserve, available fordistribution under Article VIII.F hereof, which Distributable Proceeds shall be the excess Cash in the General Account and subject to the Intercreditor Agreement, as applicable.

Distributable Proceeds means a sum equal to the difference between (x) the cash proceeds received by the Company or any of its Affiliates from the sale of the License or Licenseco or any Licenseco Entity and (y) all fees, expenses and other amounts incurred or spent by the Company and its Affiliates in accordance with this Agreement (A) after the Effective Time with respect to the License or Licenseco Entities (which the Operating Expense Amount and any Pre-Funded Amounts may be used to satisfy), including the Rights Agent Initial Payment, all Rights Agent Costs, fees and expenses paid to the Stockholders’ Representative or its legal or financial advisors in connection with the sale of the License and any amounts otherwise paid or incurred by the Stockholders’ Representative, any filing fees incurred by the Company and its Affiliates in connection with maintaining the License or the Licenseco Entities or in connection with the direct or indirect sale of the License, any amounts reasonably incurred following consultation with the Stockholders’ Representative by the Company and its Affiliates in connection with maintaining the License after the Effective Time or as required by Law, amounts paid to outside advisors previously approved by the Stockholders’ Representative in connection with the Contingent Value Rights after the Effective Time, the amounts reasonably incurred by Parent and its Affiliates after reasonable advance notice to the Stockholders’ Representative as expenses with respect to actions taken in connection with obtaining regulatory approval for the sale of the License and the Operating Expense Amount and Pre-Funded Amounts to the extent not refunded to the Company pursuant to Section 3.1(e) and (B) between the date of the Merger Agreement and the Effective Time with respect to the License, the establishment of Licenseco and the transfer of the License to it, the issuance of the Contingent Value Rights and any amounts otherwise paid by the Company or any of its Affiliates to, paid by or incurred by the Stockholders’ Representative. Distributable Proceeds shall be reduced by (i) an amount equal to the product of (A) (x) the excess of the cash proceeds directly or indirectly received by the Company or its Affiliates with respect to the License or Licenseco over (y) the tax basis of the License immediately prior to the Effective Time and without giving effect to any election under Section 338(g) of the Code made by Parent or any of its Affiliates and (B) an assumed tax...

Distributable Proceeds means all proceeds, income, fees, profits, surplus, dividends, distributions, cash, instruments and other property, from time to time received, receivable or otherwise distributed in respect of or in exchange for any or all of the Pledged Collateral.

Distributable Proceeds means the positive amount, if any, of

Distributable Proceeds means cash or other property of the Partnership which the Partners determine is available for distribution to the Partners.

Distributable Proceeds has the meaning assigned to such term in the recitals.