Net Cash Flow Distributions Clause Samples

The Net Cash Flow Distributions clause defines how the net cash generated by a business or investment is allocated among stakeholders. Typically, this clause outlines the timing, calculation method, and priority of payments, specifying which parties receive distributions and in what order, such as investors, partners, or lenders. Its core function is to ensure transparency and fairness in the distribution of profits, reducing disputes and clarifying expectations regarding financial returns.
Net Cash Flow Distributions. The Company’s Net Cash Flow will be determined quarterly by the Manager and distributed within forty-five (45) days after the end of each fiscal quarter to the Members as follows: First, to each Member who has made a Member Loan (pro rata on the basis of the relative amounts of the Members’ respective Member Loans) the amount required to repay each Member Loan and all accrued interest thereon in full, payments being applied first to accrued interest and then to principal (provided that any outstanding Additional Member Loan(s) and accrued interest thereon shall be payable to Advancing Member(s) from the Non-Participating Member’s share of Member Loan repayments); and Second, to the Members, in accordance with their respective Percentage Interests (provided that any outstanding Additional Member Loan(s) and accrued interest thereon shall be payable to Advancing Member(s) from the Non-Participating Member(s) allocable share of Net Cash Flow).
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Net Cash Flow Distributions. Net cash flow of the Company may be distributed to the Members. Net cash flow means, for any given fiscal year of the Company, the amount by which the gross cash receipts received by the Company (including, without limitation, receipts from operations, financings, refinancings, insurance recoveries, condemnation awards, and sales, exchanges, transfers, or other dispositions of Property or assets) during the fiscal year exceed the sum of the following amounts: (a) all cash operating expenses paid by the Company during the fiscal year; (b) debt service payments made during the fiscal year on all indebtedness of the Company; (c) payments made during the fiscal year for the maintenance, leasing, repair, replacement, or improvement of assets or Property of the Company; and (d) all amounts allocated during the fiscal year to reserves established by action of the Managers to meet the reasonable working capital, capital improvement, and acquisition requirements of the Company and to reasonable reserves for liabilities or contingencies of the Company that are unknown or are not fixed in amount. 4.2
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Net Cash Flow Distributions. Subject to Section 6.2, Company Net Cash Flow shall be distributed as follows: (a) The Company Net Cash Flow may be distributed to the Members at such times and in such amounts as determined by the Manager, as, and pursuant to Section 6.1(c). (b) In the case of the liquidation or termination of the Company, distributions shall be made in accordance with Article XI. (c) It is the goal of the Manager to distribute net cash flow, if any on a monthly basis, subject to reserve amounts, and if any Net Cash Flow is generated or available. Upon the occurrence of distributions, they will occur as follows: (i) Seventy Five Percent (75%) of Net Cash Flow to the Non-managing Members, Twenty Five Percent (25%) of Net Cash Flow to the Manager. (d) Net Cash Flow is defined as follows: 1. Effective Gross Income (which is gross rental income at market rate at 100% occupancy, minus vacancies at market rate, minus credit losses (ie: rents and fees not paid on time) minus losses to lease (current rental rates lower than market rates)); 2. plus other income (which may include but is not limited to, proceeds from the sale of any assets of the Company (including but not limited to real estate), cash and other property remaining for distribution as described in Section 11.3(a), tenant charges, and collections);
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Net Cash Flow Distributions. The parties shall use their respective best efforts to cause the amended and restated operating agreement of the Owner Entity executed upon the admission of the Investor Member to distribute Net Cash Flow as follows: (i) to the Investor Member in proportion to any tax liability incurred by such member; (ii) to the Investor Member, to make any payment of any unpaid tax credit adjuster or any tax credit shortfall or other debts owed to the Investor Member; (iii) to the Investor Member as payment of any unpaid a sset management fee; (iv) to replenish the Project’ s operating r eserve account to the balance required by the Investor Member, NCHFA, and lenders; (v) to the payment of any unpaid developer fee, until such fee has been paid in full (vi) to G H A for deferred capitalized lease payments on the ground lease; (vii) to the payment of any debts owed to the Guarantor under Operating Deficit Loans (as defined by the amended and restated operating agreement); (viii) to the payment of GHMC subordinate loans or other subordinate loans; (ix) 90% to the payment of any incentive management fee to GHMC or such other amount as determined by and acceptable to tax counsel; and (x) the balance, to each member in accordance with their ownership interests, as described in paragraph 2, or such other amount determined by and acceptable to tax counsel.
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Net Cash Flow Distributions. The Company’s Net Cash Flow will be determined quarterly by the Manager and distributed within forty-five (45) days after the end of each fiscal quarter to the Members as follows: First to each Member who has made a Preferred Contribution (pro rata on the basis of the relative amounts of the Members’ respective Preferred Contributions) the amount required to repay each Preferred Contribution and all accrued return thereon in full, payments being applied first to the accrued return and then to the Preferred Contribution (provided that any outstanding Additional Preferred Contribution(s) and accrued return thereon shall be payable to Advancing Member(s) from the Non-Participating Member’s share of Preferred Contribution repayments); and Second to the Members, in accordance with their respective Percentage Interests (provided that any outstanding Additional Preferred Contribution(s) and accrued return thereon shall be payable to Advancing Member(s) from the Non-Participating Member(s)’ allocable share of Net Cash Flow).
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Net Cash Flow Distributions. Distributions of Net Cash Flow shall be made to the Partners as follows: (a) First, 1.168% to the General Partner and 98.832% to the Class A Limited Partners, as a class, until the Class A Limited Partners, as a class, shall have received distributions pursuant to this sentence or Section 9.4(a) in an amount equal to their then Unpaid Preferred Return; (b) Second, 1.168% to the General Partner and 98.832% to the Class A Limited Partners, as a class, until the Preferred Capital Balance of each Class A Limited Partners shall have been reduced to zero; and (c) Third, the balance, if any, to the Partners in the ratio of their Partnership Interests. Such distributions shall be made annually or at more frequent intervals as determined by the General Partner in accordance with Section 5.2. Amounts distributed to the Class A Limited Partners, as a class, shall be distributed pro rata among such class in proportion to their Partnership Interests.
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Net Cash Flow Distributions. The Company’s Net Cash Flow will be determined quarterly by the Manager and distributed within forty-five (45) days after the end of each fiscal quarter to the Members as follows:
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Related to Net Cash Flow Distributions

  • 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 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.

  • 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.

  • Excess Cash Flow In the event that there shall be Excess Cash Flow in excess of $2,500,000 for any Fiscal Year, the Borrower shall, not later than the tenth Business Day following the date that is ninety days after the end of such Fiscal Year, prepay the Loans in an aggregate amount equal to 50% (provided that (i) such prepayment percentage shall be 25% if, as of the last day of the most recently ended Fiscal Year, the Senior Secured Net Leverage Ratio (determined for any such period by reference to the Compliance Certificate delivered pursuant to Section 5.1(c) calculating the Senior Secured Net Leverage Ratio as of the last day of such Fiscal Year) shall be 1.80:1.00 or less and (ii) no such prepayment shall be required by this clause (e) if the foregoing Senior Secured Net Leverage Ratio as of the last day of such Fiscal Year shall be 1.30:1.00 or less) of the entire Excess Cash Flow for such Fiscal Year minus 100% of voluntary repayments of the Loans made during such Fiscal Year with Internally Generated Cash; provided, that, if at the time that any such prepayment would be required, the Borrower is required to repay or repurchase or to offer to repurchase or repay Senior Secured Debt permitted pursuant to Section 6.1 pursuant to the terms of the documentation governing such Indebtedness with all or a portion of such Excess Cash Flow (such Senior Secured Debt required to be repaid or repurchased or to be offered to be so repaid or repurchased, “Other Applicable ECF Indebtedness”), then the Borrower may apply such Excess Cash Flow on a pro rata basis to the prepayment of the Loans and to the repayment or re-purchase of Other Applicable ECF Indebtedness, and the amount of prepayment of the Loans that would have otherwise been required pursuant to this Section 2.10(e) shall be reduced accordingly (for purposes of this proviso pro rata basis shall be determined on the basis of the aggregate outstanding principal amount of the Loans and Other Applicable ECF Indebtedness at such time, with it being agreed that the portion of Excess Cash Flow allocated to the Other Applicable ECF Indebtedness shall not exceed the amount of such Excess Cash Flow required to be allocated to the Other Applicable ECF Indebtedness pursuant to the terms thereof, and the remaining amount, if any, of such net proceeds shall be allocated to the Loans in accordance with the terms hereof); provided further, that to the extent the holders of Other Applicable ECF Indebtedness decline to have such indebtedness repurchased or prepaid, the declined amount shall promptly (and in any event within ten Business Days after the date of such rejection) be applied to prepay the Loans in accordance with the terms hereof.

  • Interim Distributions At such times as may be determined by it in its sole discretion, the Trustee shall distribute, or cause to be distributed, to the Beneficiaries, in proportion to the number of Trust Units held by each Beneficiary relating to the Trust, such cash or other property comprising a portion of the Trust Assets as the Trustee may in its sole discretion determine may be distributed without detriment to the conservation and protection of the Trust Assets in the Trust.