Distributions of Available Cash from Operations Sample Clauses

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Distributions of Available Cash from Operations. Subject to the provisions of the Senior Loan Documents (or any other loan documents entered into in accordance with the provisions of Section 5.1(b)(ii)), the Annual Budget, the Company shall make distributions of Available Cash from Operations quarterly; provided, notwithstanding any provision to the contrary contained in this Agreement, the Company shall not be required to make a distribution to the Members if such distribution would violate Section 18-607 of the Delaware Act or any other applicable law. Except as provided in Section 4.2, the Company, in any given quarter, may not make any distributions which would cause the amount of working capital to be less than the Threshold Working Capital Amount. If such distribution shall inadvertently be made, the Members agree to immediately return such excess amount distributed to the Company (and such returned excess amount shall not be treated as a Capital Contribution). Distributions of Available Cash From Operations shall be made in the following order of priority: (a) First, to the Members who have made Member Loans in accordance with Section 3.2(b) on a pro rata basis in accordance with the amounts of their respective unpaid Member Loans until each of them has received cumulative payments pursuant to this Section 4.1(a) equal to all interest due in respect of such Member Loans. (b) Second, to the Members who have made Member Loans pursuant to Section 3.2(b) on a pro rata basis in accordance with the amounts of their respective Member Loans until each of them has received cumulative payments pursuant to this Section 4.1(b) equal to the outstanding principal amounts of its respective Member Loans. (c) Third, to the Managing Member, until the Managing Member has achieved a ten percent (10%) cumulative, non-compounding annual return upon and in respect to the amount of the Unreturned Capital Contribution (as hereinafter defined) of the Managing Member (the “Managing Member Preferred Return”). (d) Fourth, to the Non-Managing Member, until the Non-Managing Member has achieved a ten percent (10%) cumulative, non-compounding annual return upon and in respect to the amount of the Unreturned Capital Contribution of the Non-Managing Member (the “Non-Managing Member Preferred Return”). (e) Fifth, until the Managing Member and Non-Managing Members have each achieved a twelve percent (12%) cumulative, non-compounding annual return upon and in respect to the amount of their respective Unreturned Capital Contribution, t...
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Distributions of Available Cash from Operations. Subject to the terms of this Agreement, the Fund shall make distributions to Shareholders of Available Cash from Operations with respect to each Fiscal Year in the manner and at the time determined by the Manager. The amount of Available Cash From Operations determined to be available, if any, will be distributed 15% to the Manager and 85% to the Investors.
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Distributions of Available Cash from Operations. At such times during any Fiscal Year as the Manager determines, if all distributions pursuant to Section 5.1 have been made in full, the Fund may make distributions up to the amount of the undistributed Available Cash from Operations. Any distribution pursuant to this Section 5.2 shall be made fifteen percent (15%) to the Manager and eighty-five percent (85%) to the Investors in proportion to their respective Ownership Percentage.
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Distributions of Available Cash from Operations. Available Cash from Operations, with respect to any Quarter, subject to Section 18-607 of the Act, shall be distributed 100% to all Members as follows: (a) First, to ▇▇▇▇▇▇ ▇▇▇▇▇▇ in an amount equal to the KM Pre-Payout Distribution Amount and to GMX in an amount equal to the GMX Pre-Payout Distribution Amount until the cumulative amount distributed to ▇▇▇▇▇▇ ▇▇▇▇▇▇ pursuant to this Section 5.7(a) first equals the KM Investment; and (b) Thereafter, to the Members pro rata in accordance with their respective Membership Interests.
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Distributions of Available Cash from Operations. The Company shall distribute Available Cash from operations no less frequently than on an annual basis among the Members in proportion to their respective Percentage Interests.
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Distributions of Available Cash from Operations. The Company shall distribute Available Cash from operations no less frequently than on a quarterly basis among the Members as follows: (a) For the first 12 month period following the Effective Date, as follows: (i) The first $433,333.33 per month, to the extent available at the time of distribution and on a cumulative basis within such 12 month period (and beyond such 12 month period solely to the extent necessary to make up for a mandatory tax distribution as described in Section 6.1(b)(ii)), among the holders of SSCI Units in proportion to their respective Percentage Interests, but in no event shall distributions made pursuant to this Section 6.2(a)(i) exceed $5,200,000 for such 12 month period.; and (ii) The remainder, if any, during such period among the holders of Regular Units in proportion to their respective Percentage Interests, provided that no holder of Regular Units shall be entitled to any distributions pursuant to this Section until holders of SSCI Units have received distributions totaling $5,200,000; and (b) For the second 12 month period following the Effective Date, 87% among the holders of SSCI Units in proportion to their respective Percentage Interests and 13% among the holders of Regular Units in proportion to their respective Percentage Interests; and (c) For any future period, 3.846% (as a percentage and not as a preference) among the holders of SSCI Units, and the remainder among the Members in proportion to their Percentage Interests.
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Related to Distributions of Available Cash from Operations

  • Distributions of Available Cash From Operating Surplus Available Cash that is deemed to be Operating Surplus pursuant to the provisions of Section 6.3 or Section 6.5 shall be distributed as follows, except as otherwise contemplated by Section 5.6(b) in respect of additional Partnership Interests issued pursuant thereto (including pursuant to Article V with respect to the Preferred Units): (a) First, 100% to the General Partner and the Unitholders, Pro Rata, until there has been distributed in respect of each Unit then Outstanding an amount equal to the Minimum Quarterly Distribution for such Quarter; (b) Second, 100% to the General Partner and the Unitholders, Pro Rata, until there has been distributed in respect of each Unit then Outstanding an amount equal to the excess of the First Target Distribution over the Minimum Quarterly Distribution for such Quarter; (c) Third, (i) to the General Partner in accordance with its Percentage Interest; (ii) 13% to the holders of the Incentive Distribution Rights, Pro Rata; and (iii) to all Unitholders, Pro Rata, a percentage equal to 100% less the sum of the percentages applicable to subclauses (i) and (ii) of this clause (c), until there has been distributed in respect of each Unit then Outstanding an amount equal to the excess of the Second Target Distribution over the First Target Distribution for such Quarter; (d) Fourth, (i) to the General Partner in accordance with its Percentage Interest; (ii) 23% to the holders of the Incentive Distribution Rights, Pro Rata; and (iii) to all Unitholders, Pro Rata, a percentage equal to 100% less the sum of the percentages applicable to subclauses (i) and (ii) of this clause (d), until there has been distributed in respect of each Unit then Outstanding an amount equal to the excess of the Third Target Distribution over the Second Target Distribution for such Quarter; and (e) Thereafter, (i) to the General Partner in accordance with its Percentage Interest; (ii) 48% to the holders of the Incentive Distribution Rights, Pro Rata; and (iii) to all Unitholders, Pro Rata, a percentage equal to 100% less the sum of the percentages applicable to subclauses (i) and (ii) of this clause (e); provided, however, if the Minimum Quarterly Distribution, the First Target Distribution, the Second Target Distribution and the Third Target Distribution have been reduced to zero pursuant to the second sentence of Section 6.6(a), the distribution of Available Cash that is deemed to be Operating Surplus with respect to any Quarter will be made solely in accordance with Section 6.4(e).

  • Distributions of Available Cash from Capital Surplus Available Cash that is deemed to be Capital Surplus pursuant to the provisions of Section 6.3(a) shall be distributed, unless the provisions of Section 6.3 require otherwise, to the General Partner and the Unitholders, Pro Rata, until a hypothetical holder of a Common Unit acquired on the Closing Date has received with respect to such Common Unit distributions of Available Cash that are deemed to be Capital Surplus in an aggregate amount equal to the Initial Unit Price. Available Cash that is deemed to be Capital Surplus shall then be distributed (A) to the General Partner in accordance with its Percentage Interest and (B) to all Unitholders holding Common Units, Pro Rata, a percentage equal to 100% less the General Partner’s Percentage Interest, until there has been distributed in respect of each Common Unit then Outstanding an amount equal to the Cumulative Common Unit Arrearage. Thereafter, all Available Cash shall be distributed as if it were Operating Surplus and shall be distributed in accordance with Section 6.4.

  • Distributions of Available Cash An amount equal to 100% of Available Cash with respect to each fiscal quarter of the Partnership shall be distributed simultaneously to the Members in proportion to their relative Percentage Interests within forty-five days after the end of such quarter.

  • Distributions of Cash Flow Cash flow for each taxable year of the Company shall be distributed to the Member at such times and in such amounts as the Member shall determine.

  • Distributions of Net Cash Flow The Net Cash Flow of the Partnership for each calendar year, shall be distributed to the Partners from time to time, in the discretion of the General Partner, in accordance with the Percentage Interests of the Partners.