Preferred Returns Sample Clauses

Preferred Returns. Next, pro-rata among the Limited Partners in amounts equal to the actual distributions of Preferred Returns to such Limited Partners pursuant to Section 7.01(a) and/or Section 7.02(b) below; and
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Preferred Returns. Next, to the Preferred Members, pro-rated to their respective interests in the Company, in amounts equal to the actual, cumulative distributions of Preferred Returns to such Preferred Member pursuant to Section 10 of this Agreement, to the extent that such distributions of Preferred Returns have not previously been taken into account under this Section 9.2.2.(c) or another section of this Agreement that would provide for a similar allocation of taxable income to match Preferred Returns; and
Preferred Returns. All Member Preferred Contributions made to the Company shall entitle the Member who made such Member Preferred Contributions to receive a cumulative preferred return on such Member Preferred Contributions of 5% per annum, which preferred return will be paid in cash on a quarterly basis subject to there being cash available to be distributed therefor pursuant to Section 5.1(b)(i). The parties acknowledge that it shall not be a default hereunder if preferred returns on any Member Preferred Contribution are not paid at any time if funds are not available to pay the same pursuant to Section 5.1(b)(i) (it being understood that such preferred returns will continue to be due and owing and will be payable when cash is next available therefor pursuant to Section 5.1(b)(i)). Distributions of preferred returns on Member Preferred Contributions must be made to each Member simultaneously pro rata based on each Member’s respective proportion of outstanding Member Preferred Contributions. Members shall begin to receive distributions in respect of their outstanding Member Preferred Contributions on a quarterly basis promptly following the quarter ended December 31, 2026 pursuant to Section 5.1(b)(ii). The parties acknowledge that it shall not be a default hereunder if distributions in respect of outstanding Member Preferred Contributions are not paid at any time after December 31, 2026 if funds are not available to pay the same pursuant to Section 5.1(b)(ii) (it being understood that such outstanding Member Preferred Contributions will continue to be due and owing and will be payable when cash is next available therefor pursuant to Section 5.1(b)(ii)).
Preferred Returns. Distributions shall be made to holders of SCS Profits Units until the SCS Preferred Returns (as defined below) payable under this Section 3.3 have been paid in full, prior to making any distributions or payments under Section 3.3(d) hereof.
Preferred Returns. The Company’s books and records shall be maintained to reflect the following preferred return accounts:
Preferred Returns. There are no outstanding default loans, accrued preferred returns or internal rate of return look-backs contained in the LLC Agreement or otherwise and/or affecting the LLC or Seller’s interest therein or the amount of the Purchase Price payable to Seller hereunder.
Preferred Returns. 9 ----------------- 4.3. Withholding...............................................................9 ----------- 4.4. First-Year Proration......................................................9 -------------------- 4.5. Default on Preferred Return...............................................9 ---------------------------
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Preferred Returns. The Preferred Return for each class of Preferred Units ----------------- shall be as follows: Class of Preferred Units Preferred Return ------------------------ ---------------- Class A-1 Units $0.04 per Unit per annum Class A-2 Units $0.045 per Unit per annum Class A-3 Units $0.045 per Unit per annum

Related to Preferred Returns

  • Preferred Return A Cumulative Return of six percent computed from the Initial Closing Date through the date as of which such amount is being calculated. Property or Properties. The Company's partial or entire interest in real property (including leasehold interests) located outside the United States and personal or mixed property connected therewith. An investment which obligates the Company to acquire a Property will be treated as a Property for purposes of this Agreement. Property Management Fee. A fee for property management services rendered by the Advisor or its Affiliates in connection with assets of the Company acquired directly or through foreclosure.

  • Amended Returns Any amended Tax Return or claim for Tax refund, credit or offset with respect to any member of the Mtron Group may be made only by the Company (or its Affiliates) responsible for preparing the original Tax Return with respect to such member pursuant to Sections 3.1 or 3.2 (and, for the avoidance of doubt, subject to the same review and comment rights set forth in Sections 3.1 or 3.2, to the extent applicable). Such Company (or its Affiliates) shall not, without the prior written consent of the other Company (which consent shall not be unreasonably withheld or delayed), file, or cause to be filed, any such amended Tax Return or claim for Tax refund, credit or offset to the extent that such filing, if accepted, is likely to increase the Taxes allocated to, or the Tax indemnity obligations under this Agreement of, such other Company for any Tax Year (or portion thereof); provided, however, that such consent need not be obtained if the Company filing the amended Tax Return by written notice to the other Company agrees to indemnify the other Company for the incremental Taxes allocated to, or the incremental Tax indemnity obligation resulting under this Agreement to, such other Company as a result of the filing of such amended Tax Return.

  • Joint Returns In the case of any Tax Contest with respect to any Joint Return, Parent shall have the sole responsibility and right to control the prosecution of such Tax Contest, including the exclusive right to communicate with agents of the applicable Taxing Authority and to control, resolve, settle, or agree to any deficiency, claim, or adjustment proposed, asserted, or assessed in connection with or as a result of such Tax Contest.

  • Consolidated Returns CAC, the Seller and the Issuer are members of an affiliated group within the meaning of Section 1504 of the Internal Revenue Code which will file a consolidated federal income tax return at all times until the termination of the Basic Documents.

  • Final Returns When no amounts are or thereafter may become payable by the Pledgor with respect to any Obligations (except for any potential liability under Section 2(d) of this Agreement), the Secured Party will Transfer to the Pledgor all Posted Credit Support and the Interest Amount, if any.

  • Reports and Returns Seller shall promptly after the Closing prepare and file all reports and returns required by Legal Requirements relating to the business of Seller as conducted using the Assets, to and including the Effective Time.

  • Separate Returns In the case of any Tax Contest with respect to any Separate Return, the Party having the liability for the Tax pursuant to Article II hereof shall have the sole responsibility and right to control the prosecution of such Tax Contest, including the exclusive right to communicate with agents of the applicable Taxing Authority and to control, resolve, settle, or agree to any deficiency, claim, or adjustment proposed, asserted, or assessed in connection with or as a result of such Tax Contest.

  • Tax Returns, Payments and Elections The Company has filed all tax returns and reports (including information returns and reports) as required by law. These returns and reports are true and correct in all material respects except to the extent that a reserve has been reflected on the Financial Statements in accordance with generally accepted accounting principles. The Company has paid all taxes and other assessments due, except those contested by it in good faith that are listed in the Schedule of Exceptions and except to the extent that a reserve has been reflected on the Financial Statements in accordance with generally accepted accounting principles. The provision for taxes of the Company as shown in the Financial Statements is adequate for taxes due or accrued as of the date thereof. The Company has not elected pursuant to the Internal Revenue Code of 1986, as amended (the “Code”), to be treated as a Subchapter S corporation or a collapsible corporation pursuant to Section 1362(a) or Section 341(f) of the Code, nor has it made any other elections pursuant to the Code (other than elections that relate solely to methods of accounting, depreciation or amortization) that would have a material effect on the Company, its financial condition, its business as presently conducted or proposed to be conducted or any of its properties or material assets. The Company has never had any tax deficiency proposed or assessed against it and has not executed any waiver of any statute of limitations on the assessment or collection of any tax or governmental charge. None of the Company’s federal income tax returns and none of its state income or franchise tax or sales or use tax returns have ever been audited by governmental authorities. Since the Financial Statement Date, the Company has not incurred any taxes, assessments or governmental charges other than in the ordinary course of business and the Company has made adequate provisions on its books of account for all taxes, assessments and governmental charges with respect to its business, properties and operations for such period. The Company has withheld or collected from each payment made to each of its employees, the amount of all taxes (including, but not limited to, federal income taxes, Federal Insurance Contribution Act taxes and Federal Unemployment Tax Act taxes) required to be withheld or collected therefrom, and has paid the same to the proper tax receiving officers or authorized depositories.

  • Tax Returns and Elections The Company shall cause to be prepared and timely filed all federal, state and local income tax returns or other returns or statements required by applicable law. As soon as reasonably practicable after the end of each fiscal year of the Company, the Company shall cause to be prepared and delivered to the Member all information with respect to the Company necessary for the Member’s federal and state income tax returns.

  • Tax Returns Except as set forth on Schedule 3.13:

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