Examples of LLC Distribution Date in a sentence
In the event that on the LLC Distribution Date most recently preceding the Specified Exchange Date there shall have been a Preferred Return Shortfall remaining in respect of the Tendered Units following the payments made on such LLC Distribution Date pursuant to Section 5.1 hereof, the Managing Member shall pay the Tendering Party in cash on the Specified Exchange Date the amount of such Preferred Return Shortfall remaining on such LLC Distribution Date in respect of the Tendered Units.
In the event that on the LLC Distribution Date most recently preceding the Specified Exchange Date there shall have been a Preferred Return Shortfall remaining in respect of the Tendered Units following the payments made on such LLC Distribution Date pursuant to Section 5.1 hereof, PPRP shall pay the Tendering Party in cash on the Specified Exchange Date the amount of such Preferred Return Shortfall remaining on such LLC Distribution Date in respect of the Tendered Units.
Subject to the Company's right of setoff as set forth in this Agreement, Managing Member absolutely and unconditionally guaranties to each Non-Managing Member the payment in full of the Preferred Return on each LLC Distribution Date, together with interest thereon as above provided, and further agrees to pay all cost of collection including attorneys' fees.
In the event the Company fails to distribute the Preferred Return or any portion thereof on any LLC Distribution Date (unless such nonpayment is pursuant to a setoff in accordance with Section 5.1.A above), any unpaid portion of the Preferred Return due to the Non-Managing Members shall accrue interest from and after the date such amount is due until the date such amount is paid in full at a variable interest rate equal to the Prime Rate plus two percent (2%).
The Managing Member shall cause the Company to distribute on the LLC Distribution Date all (or with respect to amounts distributed pursuant to the following clause (5), such portion as the Managing Member may in its discretion determine) Available Cash generated by the Company during such period to the Members on the LLC Record Date for such period as follows: 1% to the Managing Member and 99% to the Non-Managing Member.
The Non-Managing Members must notify the Managing Member, in writing, of its failure to make a payment of a Preferred Return on any LLC Distribution Date and the Managing Member will be allowed ten (10) days after such notice to cure its failure to make such payment.
Notwithstanding any other provision of this Agreement to the contrary, the Company shall be obligated to pay in full, as of the LLC Distribution Date for each Payment Quarter, the Non-Managing Member's Preferred Return Per Unit prior to all other payments and/or distributions, as if the Company's obligations to make such other payments and/or distributions were subordinate to the Company's obligation to pay the Non-Managing Member's Preferred Return Per Unit.