Alternative Distribution Methods. In the discretion of the Management Committee, a pro rata portion of the distributions that would otherwise be made to the Members pursuant to Article X of this Agreement may be: (a) Distributed to a trust established for the benefit of the Members for the purposes of liquidating Company assets, collecting amounts owed to the Company, and paying any contingent or unforeseen liabilities or obligations of the Company or the Members arising out of or in connection with the Company. The assets of any such trust shall be distributed to the Members from time to time, in the reasonable discretion of the Management Committee, in the same proportions as the amount distributed to such trust by the Company would otherwise have been distributed to the Members pursuant to this Agreement; or (b) Withheld to provide a reasonable reserve for Company liabilities (contingent or otherwise) and to reflect the unrealized portion of any installment obligations owed to the Company, provided that such withheld amounts shall be distributed to the Members as soon as practicable.
Appears in 2 contracts
Sources: Operating Agreement (Rouge Industries Inc), Operating Agreement (Rouge Industries Inc)