Common use of Capital Proceeds Clause in Contracts

Capital Proceeds. Distributions of net Capital Proceeds (after repayment of all debts and liabilities of the Company, including loans from Members, and the establishment of any reserves that the Members deem necessary) shall be made in the following order of priorities: (1) First, to each Member, pro rata in proportion to each Member's Adjusted Capital Contributions, an amount of cash equal to the amount of that Member's respective Adjusted Capital Contributions; then (2) If one or more Members has a Positive Capital Account before any further allocation of profit pursuant to Section 8.3(a)(2), to those Members, in proportion to and to the extent of their respective Positive Capital Account balances; and then (3) The balance to the Members in proportion to their respective Percentages of Interest.

Appears in 2 contracts

Sources: Operating Agreement (Delphi Corp), Operating Agreement (Delphi Properties Inc)

Capital Proceeds. Distributions of net Capital Proceeds (after repayment of all debts and liabilities of the Company, including loans from Members, and the establishment of any reserves that the Members deem Managing Member deems necessary) shall be made in the following order of priorities: (1) First, to each Member, pro rata in proportion to each Member's ’s Adjusted Capital Contributions, an amount of cash equal to the amount of that Member's ’s respective Adjusted Capital Contributions; then (2) If one or more Members has a Positive Capital Account before any further allocation of profit Profit pursuant to Section 8.3(a)(28.3.A(2), to those Members, in proportion to and to the extent of their respective Positive Capital Account balances; and then (3) The balance to the Members (other than the Series A Members) in proportion to their respective Percentages of Interest.

Appears in 1 contract

Sources: Operating Agreement (Carrabba's/Colorado-I, Limited Partnership)

Capital Proceeds. Distributions of net Capital Proceeds (after repayment of all debts and liabilities of the Company, including loans from Members, and the establishment of any reserves that the Members Managers deem necessary) shall be made in the following order of priorities: (1i) First, to each Membermember, pro rata in proportion to each Member's Adjusted Capital Contributions, an amount of cash equal to the amount of that Member's respective Adjusted Capital Contributions; then. (2ii) If one or more Members has a Positive Capital Account before any further allocation of profit Profit pursuant to Section 8.3(a)(24.03(a)(ii), to those Members, in proportion to and to the extent of their respective Positive Capital Account balances; and and, then, (3iii) The balance to the Members in proportion to their respective Percentages of InterestProfit and Loss Allocations.

Appears in 1 contract

Sources: Operating Agreement (Dynatec International Inc)

Capital Proceeds. Distributions of net Capital Proceeds (after repayment of all debts and liabilities of the Company, including loans from Members, and the establishment of any reserves that the Members deem necessary) shall be made in the following order of priorities: (1) First, to each Member, pro rata in proportion to each Member's ’s Adjusted Capital Contributions, an amount of cash equal to the amount of that Member's ’s respective Adjusted Capital Contributions; then (2) If one or more Members has a Positive Capital Account before any further allocation of profit Profit pursuant to Section 8.3(a)(28.3.A(2), to those Members, pro rata in proportion to and to the extent of their respective Positive Capital Account balances; and then (3) The balance to the Members in proportion to their respective Percentages of Interest.

Appears in 1 contract

Sources: Operating Agreement (Ryland Group Inc)