Common use of Creditors Clause in Contracts

Creditors. First, to payment of the liabilities of the Company owing to third parties (including Affiliates of the Member) and to the Member. After payment of any such known liabilities, the Liquidator shall set up such reserves as are reasonably necessary for any contingent or unforeseen liabilities or obligations of the Company. Such reserves may be paid over by the Liquidator to an escrow holder or trustee, to be held in escrow or trust for the purpose of paying any such contingent or unforeseen liabilities or obligations, and, at the expiration of such period as the Liquidator may deem advisable, such reserves shall be distributed to the Member or its assigns in the manner set forth in Section 5.2(d)(ii) below.

Appears in 32 contracts

Samples: Limited Liability Company (NRG Retail LLC), Limited Liability Company Operating Agreement (NRG Retail LLC), Limited Liability Company Operating Agreement (NRG Retail LLC)

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Creditors. First, to payment of the liabilities of the Company Partnership owing to third parties (including Affiliates of the MemberPartners) and to the MemberPartners. After payment of any such known liabilities, the Liquidator shall set up such reserves as are reasonably necessary for any contingent or unforeseen liabilities or obligations of the CompanyPartnership. Such reserves may be paid over by the Liquidator to an escrow holder or trustee, to be held in escrow or trust for the purpose of paying any such contingent or unforeseen liabilities or obligations, and, at the expiration of such period as the Liquidator may deem advisable, such reserves shall be distributed to the Member Partners or its their assigns in the manner set forth in Section 5.2(d)(ii8.3(d)(ii) below.

Appears in 11 contracts

Samples: NRG Retail LLC, Delta Energy Center, LLC, Delta Energy Center, LLC

Creditors. First, to payment of the liabilities of the Company Partnership owing to third parties (including Affiliates affiliates of the MemberPartners) and to the MemberPartners. After payment of any such known liabilities, the Liquidator shall set up such reserves as are reasonably necessary for any contingent or unforeseen liabilities or obligations of the CompanyPartnership. Such reserves may be paid over by the Liquidator to an escrow holder or trustee, to be held in escrow or trust for the purpose of paying any such contingent or unforeseen liabilities or obligations, and, at the expiration of such period as the Liquidator may deem advisable, such reserves shall be distributed to the Member Partners or its their assigns in the manner set forth in Section 5.2(d)(ii) below10.3(d)(ii).

Appears in 2 contracts

Samples: Limited Liability Limited Partnership Agreement (Barnwell Industries Inc), Limited Liability Limited Partnership Agreement (Barnwell Industries Inc)

Creditors. First, to payment of the liabilities of the Company Partnership owing to third parties (including Affiliates of the MemberPartners) and to the MemberPartners. After payment of any such known liabilities, the Liquidator shall set up such reserves as are reasonably necessary for any contingent or unforeseen liabilities or obligations of the CompanyPartnership. Such reserves may be paid over by the Liquidator to an escrow holder or trustee, to be held in escrow or trust for the purpose of paying any such contingent or unforeseen liabilities or obligations, and, at the expiration of such period as the Liquidator may deem advisable, such reserves shall be distributed to the Member Partners or its then-assigns in the manner set forth in Section 5.2(d)(ii8.3(d)(ii) below.

Appears in 1 contract

Samples: NRG Retail LLC

Creditors. First, to payment of the liabilities of the Company owing to third parties (including Affiliates of the Member) and to the Member. After payment of any such known liabilities, the Liquidator liquidator shall set up such reserves as are reasonably necessary for any contingent or unforeseen liabilities or obligations of the Company. Such reserves may be paid over by the Liquidator to an escrow holder or trustee, to be held in escrow or trust for the purpose of paying any such contingent or unforeseen liabilities or obligations, and, at the expiration of such period as the Liquidator may deem advisable, such reserves shall be distributed to the Member or its assigns in the manner set forth in Section 5.2(d)(ii) below.

Appears in 1 contract

Samples: Limited Liability Company Operating Agreement (Delta Energy Center, LLC)

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Creditors. First, to payment of the liabilities of the Company owing to third parties (including Affiliates of the MemberMembers) and to the MemberMembers. After payment of any such known liabilities, the Liquidator shall set up such reserves as are reasonably necessary for any contingent or unforeseen liabilities or obligations of the Company. Such reserves may be paid over by the Liquidator to an escrow holder or trustee, to be held in escrow or trust for the purpose of paying any such contingent or unforeseen liabilities or obligations, and, at the expiration of such period as the Liquidator may deem advisable, such reserves shall be distributed to the Member Members or its their assigns in the manner set forth in Section 5.2(d)(ii8.3(d)(ii) below.

Appears in 1 contract

Samples: Limited Liability Company Operating Agreement (Delta Energy Center, LLC)

Creditors. First, to payment of the liabilities of the Company owing to third parties and thereafter to Member (including Affiliates of the Member) and to the Memberaffiliates). After payment of any such known liabilities, the Liquidator shall set up such reserves as are reasonably necessary for any contingent or unforeseen liabilities or obligations of the Company. Such reserves may be paid over by the Liquidator to an escrow holder or trustee, to be held in escrow or trust for the purpose of paying any such contingent or unforeseen liabilities or obligations, and, at the expiration of such period as the Liquidator may deem advisable, such reserves shall be distributed to the Member or its assigns in the manner set forth in Section 5.2(d)(ii8.2(d)(ii) below.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Kennedy-Wilson Properties (IL))

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