Common use of Withholding of Certain Amounts Clause in Contracts

Withholding of Certain Amounts. Subject to Section 5.07(c) but notwithstanding any other provision contained herein to the contrary, the Board of Managers may withhold from any distribution to any Member contemplated by this Agreement any amounts due and payable by such Member to the Company or to any other Person in connection with the Company Business to the extent not otherwise paid. Any amount withheld pursuant to this Section 5.05(a) shall be applied or paid by the Company to discharge the obligation in respect of which such amount was withheld.

Appears in 2 contracts

Sources: Merger Agreement (STR Holdings (New) LLC), Merger Agreement (STR Holdings, Inc.)

Withholding of Certain Amounts. Subject to Section 5.07(c5.08(c) but notwithstanding any other provision contained herein to the contrary, the Board of Managers may withhold from any distribution to any Member contemplated by this Agreement any amounts due and payable by such Member to the Company or to any other Person in connection with the Company Business to the extent not otherwise paid. Any amount withheld pursuant to this Section 5.05(a5.06(a) shall be applied or paid by the Company to discharge the obligation in respect of which such amount was withheld.

Appears in 1 contract

Sources: Contribution Agreement (STR Holdings (New) LLC)