Distributions of Net Cash From Operations Sample Clauses
The "Distributions of Net Cash from Operations" clause defines how profits generated from the regular business activities of an entity are allocated among its stakeholders. Typically, this clause outlines the timing, calculation, and priority of cash distributions, specifying which parties receive payments and in what proportions after deducting operating expenses and reserves. By establishing a clear framework for distributing operational cash flow, this clause helps prevent disputes and ensures transparency in the sharing of profits among partners or investors.
Distributions of Net Cash From Operations. Net Cash from Operations, if any, for any fiscal year, will be distributed to the Members on not less than an annual basis in an amount sufficient to reduce the Company’s cumulative Net Cash from Operations to $200,000.00, unless otherwise determined by a Super Majority Vote of the Board of Managers and provided that any such distribution does not violate or cause the Company to default under the terms of any of the Company’s credit facilities or debt instruments or violate Section 6.10 of this Operating Agreement. Additional distributions, if any, may be made as the Board of Managers shall determine in its sole discretion. Distributions shall be made to all Members ratably in proportion to their Ownership Percentages.
Distributions of Net Cash From Operations. Distributions of Net Cash from Operations, if any, for any fiscal year, will be made on not less than an annual basis with a minimum of 20% to be distributed so long as the Net Cash from Operations is in excess of $500,000.00 for such year and provided that any such distribution does not violate or cause the Company to default under any the terms of any of the Company’s credit facilities or debt instruments. Additional distributions, if any, may be made as the Board of Managers shall determine in its sole discretion. Distributions shall be made to all Members ratably in proportion to their Ownership Percentages.
Distributions of Net Cash From Operations. Except for a cash reserve determined by the Board in its sole discretion, Distributions of Net Cash from Operations for each Fiscal Year shall be made from time to time, but no less frequently than annually, first to the Members in an amount equal to the Estimated Member Tax Liability for each such Member; and thereafter, to the Members in proportion to their respective Units.
Distributions of Net Cash From Operations. Net Cash From Sales. and Net Cash From Refinancings. Net Cash from Operations, Net Cash from Sales, and Net Cash from Refinancings shall be distributed, at such times as the Manager(s) may determine, to the Members in accordance with the respective Percentage Interests.
Distributions of Net Cash From Operations. Distributions of Net Cash from Operations shall be made for each calendar month of each fiscal year of the Company within thirty (30) days of the end of each such month and shall be paid to the Members in the following manner:
a. first, to the Members who have made loans to the Company, until such loans and all accrued interest thereon have been repaid;
b. second, to the Members in an amount equal to a cumulative preferential return equal to fifteen percent (15%) per annum, compounded, on the Capital Contributions made by the Member from the date the Capital Contributions were made to the date of payment, ratably in proportion to the Members respective Percentage Interests in the Company, until such preferential return has been fully paid (the "MEMBERS' PREFERRED RETURN");
c. third, ten percent (10%) of the monthly Net Cash from Operations remaining after the distributions set forth in subsections (a), (b) and (c) above shall be placed in a reserve for payment of an annual contribution to the TIC profit-sharing plan, and annual distributions from such reserve to such profit-sharing plan shall require the unanimous consent of the Governors;
d. fourth, to the Members in an amount equal to one hundred percent (100%) of their Capital Contributions up to their Committed Capital, ratably in proportion to the Members respective Percentage Interest in the Company, until such Capital Contributions have been fully repaid; and
e. fifth, thirty seven percent (37%) of Net Cash From Operations shall be distributed to * and sixty three percent (63%) of Net Cash From Operations shall be distributed to TIC.
Distributions of Net Cash From Operations. Distributions of Net Cash From Operations shall be made in the following order of priority:
(a) first, 85% to the Class B Limited Partner and 15% to the General Partner and the Class A Limited Partners until the Class B Limited Partner has received aggregate distributions from the Partnership since the Effective Date equal to the Class B Limited Partner’s aggregate Capital Contributions since the Effective Date (the “1x Return Amount”);
(b) second, 85% to the Class B Limited Partner and 15% to the General Partner and the Class A Limited Partners until the cumulative amount of distributions to the Class B Limited Partner pursuant to this Agreement results in the Class B Limited Partner achieving a 15% IRR;
(c) third, 65% to the Class B Limited Partner and 35% to the General Partner and the Class A Limited Partners until the cumulative amount of distributions to the Class B Limited Partner pursuant to this Agreement result in the Class B Limited Partner achieving a 27.5% IRR; and
(d) thereafter, 25% to the Class B Limited Partner and 75% to the General Partner and the Class A Limited Partners. All distributions made to the General Partner and the Class A Limited Partners under this Section 4.1 shall be made Pro Rata to such Partners.”
Distributions of Net Cash From Operations. Allocations of Income, Gain, Loss, Deductions, and Credits.
Distributions of Net Cash From Operations. Net Cash from Operations, if any, for any fiscal year, will be distributed to the Members on not less than an annual basis in an amount sufficient to reduce the Company’s cumulative Net Cash from Operations to $200,000.00, unless otherwise determined by a Super Majority Vote of the Board of Managers and provided that any such distribution does not violate or cause the Company to default under the terms of any of the Company’s credit facilities or debt instruments or violate Section 6.10 of this Operating Agreement. Additional
Distributions of Net Cash From Operations. All Distributions of Net Cash from Operations shall be made to the Members as follows:
7.2.1 First, to the Electing Contributing Members, until the aggregate Distributions of Net Cash from Operations pursuant to this Section 7.2.1 and the aggregate Distributions of Net Cash from a Capital Event pursuant to Section 7.3.3 hereof 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 From Operations. Except as provided under Section 8.4 below, the Manager shall cause the Company to distribute Net Cash From Operations to the Members as follows:
(a) First, to the Deacon Trust and the RDS Trust in proportion to their relative Percentage Interests until each of the Deacon Trust and the RDS Trust has received aggregate cumulative distributions pursuant to this Section 8.2(a) and Section 8.3(a) below equal to $100,000.00;
(b) Second, to the Members in proportion to their relative Percentage Interests until the Members have received aggregate cumulative distributions pursuant to this Section 8.2(b) and Section 8.3(b) below equal to the Preferred Return;
(c) Third, to the Members in proportion to their Percentage Interests until the Members have received aggregate cumulative distributions pursuant to this Section 8.2(c) and Section 8.3(c) below so that the Adjusted Capital Contribution Balance is reduced to zero; and
(d) Thereafter, to Deacon Development, LLC; provided that, prior to making any such distribution under this Section 8.2, the Company shall first comply with Section 6.2, if applicable, with respect to distribution of a preferential return on, and the return of, any additional capital contributions made other than proportionately under Section 6.2. Distributions to the Members shall in no manner affect their respective Percentage Interests or their voting rights pursuant to Section 3.4.