DISPOSITION PROCEEDS Sample Clauses
The Disposition Proceeds clause defines how the proceeds from the sale or transfer of an asset are to be handled and distributed among the parties involved. Typically, this clause outlines the order of payments, such as covering outstanding debts, reimbursing expenses, and then distributing any remaining funds according to agreed percentages or priorities. Its core function is to ensure transparency and fairness in the allocation of sale proceeds, thereby preventing disputes over financial entitlements after a disposition event.
DISPOSITION PROCEEDS. Disposition Proceeds (less reasonable reserves set aside by the General Partner for reasonably anticipated expenses or needs of the Partnership) shall be distributed to the holders of Common Partnership Interests in accordance with their respective Common Percentage Interests in the Partnership.
DISPOSITION PROCEEDS. The Credit Parties shall, prior to or concurrently with (A) any Disposition of any Real Property/ies constituting one or more Approved Properties, or (B) any Disposition of any Credit Party holding any such Approved Property/ies, prepay the Loans in an amount equal to not less than one hundred percent (100.0%) of the net proceeds payable to the Credit Parties in connection with the applicable Disposition (provided, that such prepayment shall not, in any case, be in an amount that is less than ninety percent (90.0%) of the gross proceeds generated by the applicable Disposition); provided, however, that notwithstanding the foregoing, no prepayment shall be required pursuant to this subclause (ii) in connection with a given Disposition if the Credit Parties deliver to the Administrative Agent, not more than five (5) days prior to such Disposition and not less than one (1) day prior to such Disposition, a duly completed pro forma Compliance Certificate executed by a Responsible Officer of the Borrower (1) showing that, immediately following such Disposition and taking into account both the subject Disposition and any other events or circumstances that have arisen since the most recent delivery of a Compliance Certificate pursuant to the terms hereof, the Credit Parties will be in compliance with all financial covenants contained herein and (2) certifying that no Defaults or Event of Default will exist immediately following such Disposition.
DISPOSITION PROCEEDS. All Net Cash Proceeds from an Asset Disposition on deposit in the Collection Account shall be applied in the manner and order of priority set forth in Section 2.07(c)(i) or Section 2.07(c)(ii), as applicable, or alternatively, (i) in the case of an Asset Disposition constituting an Event of Loss or Condemnation, unless the Borrower intends to use the proceeds of such Asset Disposition to acquire Qualifying Replacement Railcars, any excess Net Cash Proceeds after the mandatory prepayment pursuant to Section 2.07(b) is made may be deposited into the Modifications and Improvements Account to fund Optional Modifications in accordance with Section 6.09(b) or (ii) such Net Cash Proceeds may be deposited into the Optional Reinvestment Account to fund the acquisition cost of the Qualifying Replacement Railcars in accordance with Section 6.09(c).
DISPOSITION PROCEEDS. Under the terms of the DDLA, no net Disposition Proceeds are to be received by the City from the disposition of the Properties to the Developer, either in the form of lease payments or revenues generated by the Properties. Additionally, based on the Reuse Appraisal of the Properties completed June 2020, the reuse value of the Properties is zero. Consequently, there are no Disposition Proceeds to be distributed to the Taxing Entities that are subject to this agreement. The Taxing Entities agree that upon execution of the Ground Lease and the Easement in accordance with the DDLA, the Taxing Entities shall have no further interest or right to any revenues or proceeds from the Properties.
DISPOSITION PROCEEDS. Subject to Sections 4.03(c) and 5.04. with respect to each Investment, the Company shall distribute Disposition Proceeds in respect of such Investment within three (3) business days following a Disposition thereof, or as soon as practicable thereafter, to the Members as follows:
(i) First, to Investor to the extent of any unreturned Cure Capital attributable to such Investment contributed by Investor pursuant to Section 5.09;
(ii) Second, to Ashford to the extent of any unreturned Cure Capital attributable to such Investment contributed by Ashford pursuant to Section 5.09;
(iii) Third, to Investor to the extent of Investor’s Unreturned Capital attributable to such Investment (excluding any Investor’s Unreturned Capital represented by the payment of the Sourcing Fee or Company Expenses attributable to such Investment);
(iv) Fourth, to Ashford to the extent of Ashford’s Unreturned Capital attributable to such Investment (excluding any Ashford’s Unreturned Capital represented by the payment of the Sourcing Fee or Company Expenses attributable to such Investment);
(v) Fifth, to Investor to the extent of Investor’s accrued and unpaid Investor Yield attributable to such Investment;
(vi) Sixth, to Ashford to the extent of Ashford’s accrued and unpaid Ashford Yield attributable to such Investment;
(vii) Seventh, to Investor and Ashford in proportion to their respective Percentage Interests until Investor’s Unreturned Capital and Ashford’s Unreturned Capital represented by the payment of the Sourcing Fee or Company Expenses attributable to such Investment is recovered by the parties; and
(viii) Thereafter, any remaining balance to Investor and Ashford in proportion to their respective Current Yield Percentages; provided that in respect of a partial Disposition of an Investment then in Default, such remaining balance shall be distributed in accordance with Percentage Interests until Investor shall have received its Unreturned Capital attributable to the entire Investment plus an amount equal to the Investor Yield thereon. Notwithstanding the foregoing, any Distribution Proceeds from any Investment acquired by Debt Purchase Capital pursuant to Section 5.10 herein shall be distributed to the Members pari passu in accordance with their Percentage Interests (as further described in Section 5.10 herein) and shall not be subject to the provisions of Section 4.03(b)(i) through (viii) above.
DISPOSITION PROCEEDS. Disposition Proceeds shall be distributed to the Partners at such time as the General Partner may determine in accordance with each Partner's respective Percentage Interest on such Partnership Record Date.
DISPOSITION PROCEEDS. The Borrower, as soon as practicable and in any event within 180 days of the date in which the Net Cash Proceeds of an Asset Disposition are received by the Borrower, will deposit all such Net Cash Proceeds into the Net Cash Proceeds Account to be applied in the manner and order of priority set forth in Section 2.07(c)(iii), or alternatively, (i) in the case of an Asset Disposition constituting an Event of Loss or Condemnation, unless the Borrower intends to use the proceeds of such Asset Dispostion to acquire Qualifying Replacement Railcars or to prepay the Loans, deposit such Net Cash Proceeds into the Modifications and Improvements Account to fund Optional Modifications in accordance with Section 6.09(b) below or (ii) in the case of an Asset Disposition constituting a Permitted Discretionary Sale, deposit such Net Cash Proceeds into the Substitution Account to fund the acquisition cost of the Qualifying Replacement Railcars previously identified by the Borrower or the Servicer on the applicable Qualifying Replacement Railcar Certificate (provided such Railcars remain commercially available for acquisition) in accordance with Section 6.09(c) below.
DISPOSITION PROCEEDS. All proceeds from Dispositions, to the extent such proceeds are required to be applied to prepay the outstanding Loans pursuant to Section 6.3(c) of the Credit Agreement, shall be deposited directly into the Debt Service and Related Payments Account and applied to such prepayment.
DISPOSITION PROCEEDS. Any proceeds from the Designated Divestiture or the sale of the Surgery Centers shall not be used to satisfy any Existing Seller Notes and Earn-Out Obligations or any obligations in respect of any Earn-Out Arrangements or Seller Notes which, in each case, are owed to The Center for Pain Management, LLC or any of its Affiliates (collectively, the “CPM Obliations”) until the later to occur of (i) April 3, 2007, and (ii) the date when Agent has received a prepayment of the Term Loans in an amount to be determined by Agent in its discretion but which in any event shall be at least $25,000,000.
DISPOSITION PROCEEDS. In the event of a Disposition of a Property ("Disposition Property") during the Term of this Agreement, ALC and HEI agree to the following distribution priority of Net Sales Proceeds:
6.1.1 First, to HEI, in the amount that the HEI contributions of Net Loss Payments exceed distributions of Net Income Payments to HEI for the Disposition Property; and
6.1.2 Second, the balance, if any, ten percent (10%) to ALC and ninety percent (90%) to HEI.