Unit Distributions Sample Clauses

Unit Distributions. In case at any time the Company shall declare a dividend or make any other distribution upon any Units of the Company which is payable in Units or Convertible Securities, any Units or Convertible Securities, as the case may be, issuable in payment of such dividend or distribution shall be deemed to have been issued or sold without consideration.

Unit Distributions. Unit Distributions shall be payable in accordance with the Plan with respect to calendar quarters in 2012, or if earlier, with respect to a Change of Control. Unit Distributions may be paid in cash, or if approved by the stockholders of the Company, shares of Common Stock or a combination thereof, as determined by the Committee.

Unit Distributions. The General Partner shall determine when distributions shall be made and the amount of the distributions. Distributions shall be made pro rata based upon the number of units each Partner shall hold. Distributions in kind shall be made only if all property is distributed to all Partners pro rata (with all Partners receiving identical fractional interests in all property distributed) or if any other in-kind distribution is consented to by all Partners, and in the case of any in-kind Agreement of Limited Partnership - Stoney River Legendary Management distribution, capital accounts shall be appropriately adjusted as required by this Agreement and federal tax law. The General Partner shall in all cases be subject to fiduciary duties with respect to any decision to make distributions or accumulate Partnership earnings.

Unit Distributions. Upon the timely receipt by the Depositary of a notice from the Company that it intends to make a distribution that consists of a dividend in, or free distribution of Units, the Depositary shall establish the ADS Record Date upon the terms described in Section 4.9 of the Deposit Agreement. Upon receipt of confirmation from the Custodian of the receipt of the Units so distributed by the Company, the Depositary shall either (i) subject to Section 5.9 of the Deposit Agreement, distribute to the Holders as of the ADS Record Date in proportion to the number of ADSs held as of the ADS Record Date, additional ADSs, which represent in the aggregate the number of Units received as such dividend, or free distribution, subject to the other terms of the Deposit Agreement (including, without limitation, (a) the applicable fees and charges of, and expenses incurred by, the Depositary and (b) taxes), or (ii) if additional ADSs are not so distributed, take all actions necessary so that each ADS issued and outstanding after the ADS Record Date shall, to the extent permissible by law, thenceforth also represent rights and interests in the additional integral number of Units distributed upon the Deposited Securities represented thereby (net of (a) the applicable fees and charges of, and expenses incurred by, the Depositary, and (b) taxes). In lieu of delivering fractional ADSs, the Depositary shall sell the number of Units or ADSs, as the case may be, represented by the aggregate of such fractions and distribute the net proceeds upon the terms described in Section 4.1 of the Deposit Agreement.

Unit Distributions. The General Partner shall determine when distributions shall be made and the amount of the distributions. Distributions shall be made pro rata based upon the number of units each Partner shall have. Distributions in kind shall be made only if all property is distributed to all Partners pro rata (with all Partners receiving identical fractional interests in all property distributed) or if any other in kind distribution is consented to by all Partners, and in the case of any in kind distribution, capital accounts shall be appropriately adjusted as required by this agreement and federal tax law. The Partnership's general policy shall be to distribute excess cash (not less than quarterly, if practical), provided that the Partnership shall first retain sufficient Reserves for foreseeable expenses and capital expenditures and to fund expansion and to maintain capital resources reasonably necessary to obtain favorable mortgage warehouse loan terms. The Partnership shall make distributions pursuant to the foregoing general policy.

Unit Distributions. CrossAmerica shall be entitled to its pro rata portion of all distributions made on the CST Fuel Supply Units pursuant to the Partnership Agreement paid after the Closing Date but attributable to any periods prior to the Closing Date and Circle K shall pay over to CrossAmerica any such amounts it may receive promptly following its receipt thereof. Not less than three, and not more than five business days prior to the Closing, Circle K will prepare and deliver to CrossAmerica a written statement setting forth Circle K’s good faith estimates of the Proration Amounts, and each Party shall reasonably cooperate with the other Party to determine the Proration Amounts based on the latest available information. At the Closing, the Parties shall make such payment as is determined to be due and owing with respect to such

Unit Distributions