Distribution in Liquidation. The proceeds of liquidation shall be applied in the following order of priority (and without regard to the non-mandatory provisions of Section 17-804 of the Act): (i) first, to creditors of the Partnership, including Partners who are creditors, to the extent otherwise permitted by law, in satisfaction of the liabilities of the Partnership (whether by payment or the making of reasonable provisions for payment thereof), other than liabilities for distributions (including Distributions) to Partners; (ii) second, following any allocations required under Section 4.2(e) of the Agreement, to the Limited Partners, an amount equal to the aggregate liquidation preference of their Partnership Preferred Securities, plus the amount of Distributions (including any Compounded Distributions) that are accumulated and unpaid as of the date of such liquidating distribution; and (iii) thereafter, to the General Partner.
Appears in 9 contracts
Sources: Limited Partnership Agreement (Merrill Lynch Preferred Funding I Lp), Limited Partnership Agreement (Merrill Lynch Preferred Funding Ii Lp), Limited Partnership Agreement (Uds Funding Ii Lp)
Distribution in Liquidation. The proceeds of liquidation shall be applied in the following order of priority (and without regard to the non-mandatory provisions of Section 17-804 of the Act):
(i) first, to creditors of the Partnership, including Partners who are creditors, to the extent otherwise permitted by law, in satisfaction of the liabilities of the Partnership (whether by payment or the making of reasonable provisions for payment thereof), other than liabilities for distributions (including Distributions) to Partners;
(ii) second, following any allocations required under Section 4.2(e) of the Agreement, to the Limited Partners, an amount equal to the aggregate liquidation preference of their Partnership Preferred Securities, plus the amount of Distributions (including any Compounded Distributions) that are accumulated accrued and unpaid as of the date of such liquidating distribution; and
(iii) thereafter, to the General Partner.
Appears in 2 contracts
Sources: Limited Partnership Agreement (Capita Preferred Trust), Limited Partnership Agreement (Enron Capital Trust I)
Distribution in Liquidation. The proceeds of --------------------------- liquidation shall be applied in the following order of priority (and without regard to the non-mandatory provisions of Section 17-804 of the Act):
(i) first, to creditors of the Partnership, including Partners who are creditors, to the extent otherwise permitted by law, in satisfaction of the liabilities of the Partnership (whether by payment or the making of reasonable provisions for payment thereof), other than liabilities for distributions (including Distributions) to Partners;
(ii) second, following any allocations required under Section 4.2(e) of the Agreement, to the Limited Partners, an amount equal to the aggregate liquidation preference of their Partnership Preferred Securities, plus the amount of Distributions (including any Compounded Distributions) that are accumulated and unpaid as of the date of such liquidating distribution; and
(iii) thereafter, to the General Partner.
Appears in 1 contract
Sources: Agreement of Limited Partnership (Hawaiian Electric Industries Inc)
Distribution in Liquidation. The proceeds of liquidation shall be applied in the following order of priority (and without regard to the non-mandatory provisions of Section 17-804 of the Act):
(i) first, to creditors of the Partnership, including Partners Part ners who are creditors, to the extent otherwise permitted by law, in satisfaction of the liabilities of the Partnership (whether by payment or the making of reasonable provisions for payment thereof), other than liabilities for distributions (including DistributionsDist ributions) to Partners;
(ii) second, following any allocations required under Section 4.2(e) of the Agreement, to the Limited Partners, an amount equal to the aggregate liquidation preference of their Partnership Preferred Pre ferred Securities, plus the amount of Distributions (including any Compounded Distributions) that are accumulated and unpaid as of the date of such liquidating distribution; and
(iii) thereafter, to the General Partner.
Appears in 1 contract
Sources: Limited Partnership Agreement (Ultramar Diamond Shamrock Corp)