Distributions of Net Cash Sample Clauses
The "Distributions of Net Cash" clause defines how and when the net cash generated by a business or investment is allocated among its stakeholders, such as partners or shareholders. Typically, this clause outlines the calculation of net cash—usually total cash receipts minus expenses and reserves—and specifies the timing and proportions for distributions to each party. Its core function is to ensure transparency and fairness in the allocation of profits, reducing disputes by clearly setting out the process for distributing available funds.
Distributions of Net Cash. All Distributions of Net Cash shall be made to the Members as follows:
7.2.1 First, to the Electing Contributing Members, until the aggregate Distributions of Net Cash pursuant to this Section 7.2.1 for such Fiscal Year and all prior Fiscal Years are equal to (and have been distributed in proportion to, and to the extent of), the aggregate accrued ACC Priority Return payable to the Electing Contributing Members pursuant to the terms and conditions of this Agreement;
Distributions of Net Cash. Flow Except as provided in Section 9.3 with respect to distributions to be made upon dissolution of the Partnership, all Net Cash Flow shall be distributed by the Partnership 60 days after the end of each fiscal quarter in the following order of priority: (a) First, 90% to Fremont and 10% to Shurgard until the cumulative distributions to each of the Partners during the term of the Partnership equal the Priority Return; (b) Second, 90% to Fremont and 10% to Shurgard until the cumulative distributions to each of the Partners during the term of the Partnership equals the aggregate capital contributions of each Partner; and (c) Third, 80% to Fremont and 20% to Shurgard.
Distributions of Net Cash. Flow from Capital Events and Net Cash Flow From Refinance. Available proceeds of Net Cash Flow From Capital Events and Net Cash Flow From Refinance, as the case may be, shall be distributed amongst the categories of Members, described below in the following order and priority:
(a) first, 100% to the Class B Units, in proportion to and to the extent of their Unpaid Preferred Return, until such time as the Unpaid Preferred Return of each of the holders of Class B Units has been reduced to zero dollars ($0);
(b) second, 100% to the holders of the Class B Units, in proportion to and to the extent of their Unreturned Capital Contributions, until such time as the Unreturned Capital Contributions of each of the holders of Class B Units has been reduced to zero dollars ($0); and
(c) thereafter, 100% to the holders of Class B Units, pro rata based on the number of Class B Units held by each respective holder of Class B Units.
Distributions of Net Cash. The Company will distribute to all Unit Holders, in proportion to their respective Profit and Loss percentages, at such times as determined by a majority of Class A Common Members, any Net Cash, as such term is defined in the Operating Agreement, remaining after providing for Tax Distributions.
Distributions of Net Cash. Except as otherwise provided in Article X, Net Cash, if any, shall be distributed at such times as the Manager may determine to the Members so that the cumulative distributions to each Member pursuant to this Section 3.4 equal the excess of the cumulative allocations of Profits to that Member pursuant to Section 3.1 over the cumulative allocations of Losses to that Member pursuant to Section 3.1.
Distributions of Net Cash. (a) Subject to Section 10.2, the Net Cash (if any) for each Fiscal Year of the Company shall be distributed to the Members, no less than once per calendar quarter, in proportion to their respective Percentage Interests; provided, however, that in the event ▇▇▇▇▇ (i) is in breach of its obligation to pay any earned Royalties or Guaranteed Minimum Royalties due under the ▇▇▇▇▇ License Agreement (after receipt of notice and the applicable cure period under Section 9(a)(i)(A) of the Standard Terms of the ▇▇▇▇▇ License Agreement); or (ii) fails to perform its indemnification obligations pursuant to Article VII of the Purchase Agreement, in each case, the Company shall be allowed to set off against any amounts payable to the ▇▇▇▇▇ Member pursuant to this Section 4.4 (in one or more distributions) any amount which ABG Intermediate or its Affiliates is actually entitled to be paid by ▇▇▇▇▇ pursuant to the ▇▇▇▇▇ License Agreement or the Purchase Agreement, as the case may be, which amount(s) shall not be distributed to the ▇▇▇▇▇ Member but shall instead be paid by the Company to the ABG Member or its applicable Affiliate, until such time that all amounts due by ▇▇▇▇▇ under the ▇▇▇▇▇ License Agreement or the Purchase Agreement, as applicable, are fully satisfied.
(b) In the event a Member Transfers any portion of its Membership Interests, any Distributions made to the applicable transferring Member with respect to such Transferred Membership Interests on or prior to such date of Transfer will be taken into account for purposes of determining the amount of Distributions payable to such transferee following the completion of such Transfer.
(c) Notwithstanding anything in this Agreement to the contrary, the Members and the Company acknowledge and agree that (i) in the event any amounts are paid to the Company in connection with its rights to indemnification under the Purchase Agreement (in its capacity as buyer thereunder) or the ▇▇▇▇▇ License Agreement (in its capacity as licensor thereunder), any and all such amounts shall be distributed in accordance with the provisions of Section 4.4(a); and (ii) the ABG Member shall be entitled to enforce the rights set forth in Section 7.2 of the Purchase Agreement or Section 7(b) of the ▇▇▇▇▇ License Agreement, as applicable, on behalf of the Company as though the ABG Member were the Company.
Distributions of Net Cash. In any fiscal year of the Company where profits of the Company are required to be reported by the Members and subject to federal income tax, the Managers may cause the Company to distribute an amount less than or equal to each Member’s proportionate share of the Company’s profits subject to federal income tax multiplied by the Member’s applicable federal income tax rate as an individual taxpayer in the United States. The Managers, through a Unanimous Vote, may cause the Company to distribute its Net Cash to the Members according to their Sharing Ratios at any time and in any amount.