Distribution of Assets on Dissolution. Upon the winding up of the Company, the Company’s assets shall be distributed: (a) to creditors, including Members who are creditors to the extent required by law, in satisfaction of Company liabilities; and (b) to Members in accordance with Section 4.4. Such Distributions shall be in cash or property (which shall be distributed proportionately) or partly in both, as determined in good faith by the Manager.
Appears in 3 contracts
Sources: Limited Liability Company Operating Agreement (Wornick CO Right Away Division, L.P.), Limited Liability Company Operating Agreement (Services International LLC), Operating Agreement (TWC Holding Corp.)
Distribution of Assets on Dissolution. Upon the winding up of the Company, the Company’s assets Company Property shall be distributed:
(a) 9.3.1. First, to creditors, including Members who are creditors the Member if it is a creditor, to the extent required permitted by law, in satisfaction of Company liabilities; andLiabilities;
(b) 9.3.2. Second, to Members in accordance with Section 4.4the Member. Such Distributions distributions to the Member shall be in cash or property (which shall be distributed proportionately) cash, Property other than cash, or partly in both, as determined in good faith by the Manager.
Appears in 3 contracts
Sources: Operating Agreement (Williams Electronic Games, Inc.), Operating Agreement (Williams Electronic Games, Inc.), Operating Agreement (Williams Electronic Games, Inc.)
Distribution of Assets on Dissolution. Upon the winding up of the Company, the Company’s 's assets shall be distributeddistributed as follows:
(a) to creditors, including Members who are creditors the Member if it is a creditor, to the extent required permitted by law, in satisfaction of Company liabilities; and
(b) to Members in accordance with Section 4.4the Member. Such Distributions distributions shall be in cash or cash, property (which shall be distributed proportionately) other than cash, or partly in both, as determined in good faith by the ManagerMember.
Appears in 3 contracts
Sources: Operating Agreement (Great Plains Energy Inc), Operating Agreement (Great Plains Energy Inc), Operating Agreement (Great Plains Energy Inc)
Distribution of Assets on Dissolution. Upon the winding up of the Company, the Company’s assets Company property shall be distributed:
(a) to creditors, including Members who are To creditors to of the extent required by law, in satisfaction of Company liabilities; andCompany;
(b) To Members and Assignees with positive Capital Account balances giving due consideration to Members in accordance with Section 4.4. Such Distributions shall be in cash or property (which shall be distributed proportionately) or partly in both, as determined in good faith adjustments required by the Managerdissolution.
Appears in 3 contracts
Sources: Operating Agreement (Calumet Superior, LLC), Operating Agreement (Calumet Superior, LLC), Operating Agreement (Calumet Superior, LLC)
Distribution of Assets on Dissolution. Upon the winding up of the Company, the Company’s assets Company property shall be distributed:
(a) first, to creditors, including Members who are creditors the Member if the Member is a creditor, to the extent required permitted by law, in satisfaction of Company liabilities; and;
(b) next, to Members in accordance with Section 4.4the Member. Such Distributions distribution shall be in cash or property (which shall be distributed proportionately) or partly in both, as determined in good faith by the ManagerGovernors.
Appears in 2 contracts
Sources: Operating Agreement (JFC LLC), Operating Agreement (JFC LLC)
Distribution of Assets on Dissolution. Upon the winding up of the CompanyLLC, the CompanyLLC’s assets shall be distributed:
distributed as follows: (ai) first to creditors, including Members any Member who are creditors is a creditor, to the extent required permitted by law, in satisfaction of Company liabilities; and
the liabilities of the LLC, and (bii) finally to Members in accordance with Section 4.4the Member. Such Distributions distributions shall be in cash, property other than cash or property (which shall be distributed proportionately) or partly in both, as determined in good faith by the ManagerMember.
Appears in 2 contracts
Sources: Operating Agreement (MP ASSETS Corp), Operating Agreement (MP ASSETS Corp)
Distribution of Assets on Dissolution. Upon the winding up of the Company, the Company’s assets shall Company Property will be distributed:
(a) to creditors, including Members who are creditors the Member if it is a creditor, to the extent required permitted by law, in satisfaction of Company liabilities; andLiabilities;
(b) to Members in accordance with Section 4.4the Member. Such Distributions shall distributions must be in cash or property (which shall be distributed proportionately) Property or partly in both, as determined in good faith by the ManagerMember.
Appears in 2 contracts
Sources: Operating Agreement (Launch Pad LLC), Operating Agreement (Launch Pad LLC)
Distribution of Assets on Dissolution. Upon the winding up of the Company, the Company’s assets Company Property shall be distributed:
(a) to To creditors, including Members who are creditors the Member if it is a creditor, to the extent required permitted by law, in satisfaction of Company liabilitiesthe Company’s liabilities (whether by payment or the making of reasonable provision for payment thereof), including to the setting up of any reserves that are reasonably necessary for any contingent, conditional or unmatured liabilities or obligations of the Company; and
(b) to Members in accordance with Section 4.4. Such Distributions shall be To the Member in cash or property (which shall be distributed proportionately) Property, or partly in both, as determined in good faith by the Managerany combination thereof.
Appears in 1 contract
Sources: Limited Liability Company Agreement (Williams Pipeline Partners L.P.)
Distribution of Assets on Dissolution. Upon the winding up of the Company, the Company’s assets Company Property shall be distributed:
(a) 11.3.1 First, to creditors, including Members who are creditors creditors, to the extent required permitted by law, in satisfaction of Company liabilities; and
(b) Liabilities and for all reasonable costs of the sale of the Building, including but not limited to Members in accordance with Section 4.4. Such Distributions shall be in cash or property (which shall be distributed proportionately) or partly in bothescrow fees, as determined in good faith by the Manager.title expenses and normal closing costs;
Appears in 1 contract
Sources: Operating Agreement
Distribution of Assets on Dissolution. Upon the winding up of the Company, the Company’s assets Company property shall be distributed:
(a) first, to creditors, including the Members who if any Members are creditors creditors, to the extent required permitted by law, in satisfaction of Company liabilities; and;
(b) next, to Members in accordance with Section 4.4the Members. Such Distributions distribution shall be in cash or property (which shall be distributed proportionately) or partly in both, as determined in good faith by the ManagerGovernors.
Appears in 1 contract
Sources: Operating Agreement (JFC LLC)
Distribution of Assets on Dissolution. Upon the winding up of the Company, the Company’s assets of the Company shall be distributed:
(a) to creditors, including Members who are creditors creditors, to the extent required permitted by law, in satisfaction of Company the Company’s liabilities; and;
(b) to Members in accordance with Section 4.4. Such Distributions shall be positive Capital Account balances taking into account all Capital Account adjustments for the Company’s taxable year in cash or property (which shall be distributed proportionately) or partly in both, as determined in good faith by the Manager.liquidation
Appears in 1 contract
Distribution of Assets on Dissolution. Upon the winding up of the Company, the Company’s assets Company Property shall be distributed:
(a) 11.3.1. to creditors, including Members who are creditors the Member if it is a creditor, to the extent required permitted by law, in satisfaction of Company liabilities; and
(b) to Members in accordance with Section 4.4. Such Distributions shall be in cash or property (which shall be distributed proportionately) or partly in both, as determined in good faith by the Manager.Liabilities;
Appears in 1 contract
Distribution of Assets on Dissolution. Upon the winding up of the Company, the Company’s assets Company Property shall be distributed:
(a) 3.1 first to creditors, including Members who are creditors the Sole Member if it is a creditor, to the extent required permitted by law, in satisfaction of Company liabilities; and
(b) 3.2 second to Members in accordance with Section 4.4the Sole Member. Such Distributions distributions shall be in cash or property (which shall be distributed proportionately) in real or personal property, or partly in botheach, as determined in good faith by the ManagerSole Member.
Appears in 1 contract
Sources: Operating Agreement (Southern Co)
Distribution of Assets on Dissolution. Upon the winding up of the Company, the Company’s assets Company Property shall be distributed:
(a) to To creditors, including Members who are creditors any Member if it is a creditor, to the extent required permitted by law, in satisfaction of Company liabilities; and;
(b) to Members in accordance with Section 4.4. Such Distributions shall To all the Members, considering that such distribution may be in cash or property (which shall be distributed proportionately) Property or partly in both, as determined in good faith by the Managerpro rata interest of each of the Members.
Appears in 1 contract
Distribution of Assets on Dissolution. Upon the winding up of the Company, the Company’s assets Company Property shall be distributed:
(a) to To creditors, including Members who are creditors the Member if it is a creditor, to the extent required permitted by law, in satisfaction of Company liabilitiesthe Company’s liabilities (whether by payment or the making of reasonable provision for payment thereof);
(b) To the setting up of any reserves that are reasonably necessary for any contingent or unforeseen liabilities or obligations of the Company; and
(bc) to Members in accordance with Section 4.4. Such Distributions shall be To the Member in cash or property (which shall be distributed proportionately) Property, or partly in both, as determined in good faith by the Managerany combination thereof.
Appears in 1 contract
Sources: Limited Liability Company Agreement (Williams Pipeline Partners L.P.)
Distribution of Assets on Dissolution. Upon the winding up of the Company, the Company’s assets Company Property shall be distributeddistributed in the following manner:
(a) to a. To creditors, including Members who are creditors the Member if it is a creditor, to the extent required permitted by law, in satisfaction of Company liabilities; andthe Company’s liabilities (whether by payment or the making of reasonable provision for payment thereof);
(b) to Members in accordance with Section 4.4. Such Distributions shall be b. To the Member in cash or property (which shall be distributed proportionately) Property, or partly in both, as determined in good faith by the Manager, in accordance with positive capital account balances.
Appears in 1 contract
Sources: Limited Liability Company Agreement (CPM Holdings, Inc.)
Distribution of Assets on Dissolution. Upon the winding up of the Company, the Company’s assets Company Property shall be distributed:
(a) to To creditors, including Members who are creditors the Member if it is a creditor, to the extent required permitted by law, in satisfaction of Company liabilities; andthe Company’s liabilities (whether by payment or the making of reasonable provision for payment thereof);
(b) to Members in accordance with Section 4.4. Such Distributions shall be in cash To the setting up of any reserves that are reasonably necessary for any contingent or property (which shall be distributed proportionately) unforeseen liabilities or partly in both, as determined in good faith by obligations of the Manager.Company; and
Appears in 1 contract
Sources: Limited Liability Company Agreement (Coal Valley Resources Inc.)
Distribution of Assets on Dissolution. Upon the winding up of the Company, the Company’s assets shall be distributed:
distributed as follows: (ai) first to creditors, including Members any Member who are creditors is a creditor, to the extent required permitted by law, in satisfaction of Company liabilities; and
the liabilities of the Company, and (bii) finally to Members in accordance with Section 4.4the Member. Such Distributions distributions shall be in cash or cash, property (which shall be distributed proportionately) other than cash, or partly in both, as determined in good faith by the ManagerBoard.
Appears in 1 contract
Sources: Limited Liability Company Agreement (Speedway Motorsports Inc)
Distribution of Assets on Dissolution. Upon the winding up of the Company, the Company’s assets Company Property shall be distributed:
(ai) to To creditors, including Members who are creditors creditors, to the extent required permitted by law, in satisfaction of Company liabilities; and
(bii) to To Members in accordance with Section 4.4positive Capital Account balances taking into account all Capital Account adjustments for the Company’s Taxable Year in which the liquidation occurs. Such Distributions distributions shall be in cash or property Property (which shall need not be distributed proportionately) or partly in both, as determined in good faith by the ManagerManaging Member.
Appears in 1 contract
Distribution of Assets on Dissolution. Upon the winding up of the Company, the Company’s assets Company Property shall be distributed:
(a) 11.3.1. to creditors, including Members who are creditors the Member if it is a creditor, to the extent required permitted by law, in satisfaction of Company liabilities; andLiabilities;
(b) 11.3.2. to Members in accordance with Section 4.4the Member. Such Distributions distributions shall be in cash or property (which shall be distributed proportionately) cash. Property other than cash, or partly in both, as determined in good faith by the ManagerManagers, or any of them.
Appears in 1 contract
Sources: Operating Agreement (National Credit & Guaranty CORP)
Distribution of Assets on Dissolution. Upon the winding up of the Company, the Company’s assets shall be distributed:
: (ai) to creditors, including Members who are creditors the Member if it is a creditor, to the extent required permitted by law, in satisfaction of Company liabilities; and
the liabilities of the Company, then (bii) to Members in accordance with Section 4.4the Member. Such Distributions Those distributions shall be in cash or cash, property (which shall be distributed proportionately) other than cash, or partly in both, as determined in good faith by the ManagerMember.
Appears in 1 contract
Distribution of Assets on Dissolution. Upon the winding up of the Company, the Company’s assets Company Property shall be distributed:
(a) to To creditors, including Members who are creditors any Member if it is a creditor, to the extent required permitted by law, in satisfaction of Company liabilities; and;
(b) to Members in accordance with Section 4.4. Such Distributions shall To all the Members, considering that such distribution may be in cash or property (which shall be distributed proportionately) Property or partly in both, as determined in good faith by the ManagerMembers.
Appears in 1 contract
Distribution of Assets on Dissolution. Upon the winding up of the Company, the Company’s assets shall be distributed:
(a) to creditors, including Members who are creditors to the extent required by law, in satisfaction of Company liabilities; and
(b) to Members in accordance with Section 4.4. Such Distributions shall be in cash or property (which shall be distributed proportionately) or partly in both, as determined in good faith by the ManagerBoard of Managers.
Appears in 1 contract
Sources: Limited Liability Company Operating Agreement (Aeroflex Holding Corp.)