Common use of Distribution of Net Proceeds Clause in Contracts

Distribution of Net Proceeds. The Members shall continue to divide ---------------------------- Net Profits and Losses and Available Cash Flow during the winding-up period in the same manner and the same priorities as provided for in Articles 4 and 5 hereof. The proceeds from the liquidation of Property shall be applied in the following order: 11.4.1 To the payment of creditors, in the order of priority as provided by law, except to Members on account of their contributions; 11.4.2 To the payment of loans or advances that may have been made by any of the Members or their Principals for working capital or other requirements of the LLC; 11.4.3 To the Members in accordance with Section 4.1 hereof; and 11.4.4 To the Members in accordance with the positive balances in their Capital Accounts after adjustments for all allocations of Net Profits and Losses. Where the distribution pursuant to this Section ? consists both of cash (or cash equivalents) and non-cash assets, the cash (or cash equivalents) shall first be distributed, in a descending order, to fully satisfy each category starting with the most preferred category above. In the case of noncash assets, the distribution values are to be based on the fair market value thereof as determined in good faith by the liquidator, and the shortest maturity portion of such non-cash assets (e.g., notes or other indebtedness) shall, to the extent such non-cash assets are readily divisible, be distributed, in a descending order, to fully satisfy each category above, starting with the most preferred category.

Distribution of Net Proceeds. The Members shall continue to divide ---------------------------- Net Profits and Losses and Available Cash Flow during the winding-up period in the same manner and the same priorities as provided for in Articles 4 and 5 hereof. The proceeds from the liquidation of Property shall be applied in the following order: 11.4.1 10.4.1 To the payment of creditors, in the order of priority as provided by law, except to Members on account of their contributions; 11.4.2 10.4.2 To the payment of loans or advances that may have been made by any of the Members or their Principals for working capital or other requirements of the LLC; 11.4.3 To the Members in accordance with Section 4.1 hereof; and 11.4.4 10.4.3 To the Members in accordance with the positive balances in their Capital Accounts after adjustments for all allocations of Net Profits and LossesNet Loss. Where the distribution pursuant to this Section ? 104 consists both of cash (or cash equivalents) and non-cash assets, the cash (or cash equivalents) shall first be distributed, in a descending order, to fully satisfy each category starting with the most preferred category above. In the case of noncash assets, the distribution values are to be based on the fair market value thereof as determined in good faith by the liquidator, and the shortest maturity portion of such non-cash assets (e.g., notes or other indebtedness) shall, to the extent such non-cash assets are readily divisible, be distributed, in a descending order, to fully satisfy each category above, starting with the most preferred category.

Distribution of Net Proceeds. The Members shall continue to divide ---------------------------- Net Profits and Losses and Available Cash Flow during the winding-up period in the same manner and the same priorities as provided for in Articles 4 and 5 hereof. The proceeds from the liquidation of Property shall be applied in the following order: 11.4.1 10.4.1 To the payment of creditors, in the order of priority as provided by law, except to Members on account of their contributions; 11.4.2 10.4.2 To the payment of loans or advances that may have been made by any of the Members or their Principals for working capital or other requirements of the LLC; 11.4.3 To the Members in accordance with Section 4.1 hereof; and 11.4.4 10.4.3 To the Members in accordance with the positive balances in their Capital Accounts after adjustments for all allocations of Net Profits and LossesNet Loss. Where the distribution pursuant to this Section ? 10.4 consists both of cash (or cash equivalents) and non-cash assets, the cash (or cash equivalents) shall first be distributed, in a descending order, to fully satisfy each category starting with the most preferred category above. In the case of noncash assets, the distribution values are to be based on the fair market value thereof as determined in good faith by the liquidator, and the shortest maturity portion of such non-cash assets (e.g., notes or other indebtedness) shall, to the extent such non-cash assets are readily divisible, be distributed, in a descending order, to fully satisfy each category above, starting with the most preferred category.

Distribution of Net Proceeds. The Members shall continue to divide ---------------------------- Net Profits and Losses and Available Cash Flow during the winding-up period in the same manner and the same priorities as provided for in Articles 4 and 5 hereof. The proceeds from the liquidation of Property shall be applied in the following order: 11.4.1 10.4.1 To the payment of creditors, in the order of priority as provided by law, except to Members on account of their contributions; 11.4.2 10.4.2 To the payment of loans or advances that may have been made by any of the Members or their Principals for working capital or other requirements of the LLC; 11.4.3 To the Members in accordance with Section 4.1 hereof; and 11.4.4 10.4.3 To the Members in accordance with the positive balances in their Capital Accounts after adjustments for all allocations of Net Profits and LossesNet Loss. Where the distribution pursuant to this Section ? 10.4 consists both of cash (or cash equivalents) and non-cash assets, the cash (or cash equivalents) shall first be distributed, in a descending order, to fully satisfy each category starting with the most preferred category above. In the case of noncash non-cash assets, the distribution values are to be based on the fair market value thereof as determined in good faith by the liquidator, and the shortest maturity portion of such non-cash assets (e.g., notes or other indebtedness) shall, to the extent such non-cash assets are readily divisible, be distributed, in a descending order, to fully satisfy each category above, starting with the most preferred category.

Distribution of Net Proceeds. The Members Member shall continue to divide ---------------------------- Net Profits and Losses and Available Cash Flow during the winding-up period in the same manner and the same priorities as provided for in Articles 4 and 5 hereof. The proceeds from the liquidation of Property shall be applied in the following order: 11.4.1 10.4.1 To the payment of creditors, in the order of priority as provided by law, except to Members the Member on account of their its contributions; 11.4.2 10.4.2 To the payment of loans or advances that may have been made by any of the Members Member or their its Principals for working capital or other requirements of the LLC; 11.4.3 10.4.3 To the Members in accordance with Section 4.1 hereof; and 11.4.4 To the Members Member in accordance with the positive balances in their its Capital Accounts after adjustments for all allocations of Net Profits and LossesNet Loss. Where the distribution pursuant to this Section ? 10.4 consists both of cash (or cash equivalents) and non-cash assets, the cash (or cash equivalents) shall first be distributed, in a descending order, to fully satisfy each category starting with the most preferred category above. In the case of noncash assets, the distribution values are to be based on the fair market value thereof as determined in good faith by the liquidator, and the shortest maturity portion of such non-cash assets (e.g., notes or other indebtedness) shall, to the extent such non-cash assets are readily divisible, be distributed, in a descending order, to fully satisfy each category above, starting with the most preferred category.