Delaying Distributions Sample Clauses

Delaying Distributions. If (i) any default (other than a notification or delivery default) shall have occurred and be continuing under any of the Loan Documents, or if Insight in good faith determines that such a default under any of the Loan Documents is reasonably likely to occur, and (ii) Insight determines in good faith that, as a result of such existing or anticipated default, it would be in the best interests of the Company for the Company not to make any distribution required pursuant to Section 4.1(a)(i), Section 4.1(a)(ii), or Section 4.1(a)(iii), and (iii) Insight notifies the Principals in writing that it has made such determination, then Insight may cause the Company not to make such distribution until such time as Insight shall have determined that it is no longer in the best interests of the Company for the Company not to make such distribution. To the extent, but only for so long as, Insight is authorized by this Section 4.1(f) to cause the Company not to make such distribution, then (i) neither Insight nor the Company shall have any liability to the holder of the Preferred A Interest or the holder of the Preferred B Interest as a result of the Company's failure to make any distribution required pursuant to Section 4.1(a)(i), Section 4.1(a)(ii), or Section 4.1(a)(iii), and (ii) the Company's failure to make such distribution shall not constitute a Capital Default. The provisions of Section 4.1(b) shall apply to the Company's failure to make any distribution required pursuant to Section 4.1(a)(i), Section 4.1(a)(ii), or Section 4.1(a)(iii) notwithstanding Insight's rights under this Section 4.1(f) to cause the Company not to make any such distribution.
AutoNDA by SimpleDocs
Delaying Distributions. If (i) any default (other than a notification or delivery default) shall have occurred and be continuing under any of the Loan Documents, or if Insight in good faith determines that such a default under any of the Loan Documents is reasonably likely to occur, and (ii) Insight determines in good faith that, as a result of such existing or anticipated default, it would be in the best interests of the Company for the Company not to make any distribution required pursuant to Section 4.1(a)(i), Section 4.1(a)(ii), or Section 4.1(a)(iii), and (iii) Insight notifies the Principals in writing that it has made such determination, then Insight may cause the Company not to make such distribution until such time as Insight shall have determined that it is no longer in the best interests of the Company for the Company not to make such distribution. To the extent, but only for so long as, Insight is authorized by this

Related to Delaying Distributions

  • Liquidating Distributions Notwithstanding anything to the contrary in this Article VII or in Section 8.3 of the Master Agreement, upon the sale of the Property or the dissolution and liquidation of the Series in accordance with the provisions of this Agreement and of Section 8.3 of the Master Agreement, the proceeds of liquidation of the Series or the sale of the Property will be distributed within ninety (90) days of the date of sale of the Property or the dissolution and liquidation in the following order and priority:

  • Operating Distributions Subject to Section 5.2, the Company shall from time to time distribute to the Member such amounts in cash and other assets as shall be determined by the Member.

  • Distributions Distributions shall be made to the Member at the times and in the aggregate amounts determined by the Member. Notwithstanding any provision to the contrary contained in this Agreement, the Company shall not make a distribution to the Member on account of its interest in the Company if such distribution would violate Section 18-607 of the Act or other applicable law.

  • REMIC Distributions On each Distribution Date the Trustee shall be deemed to have allocated distributions to the REMIC I Regular Interests, REMIC II Regular Interests, Class CE Interest, Class P Interest and Class IO Interest in accordance with Section 5.07 hereof.

  • Required Distributions Generally, when you die, designated beneficiary(ies) who are individuals may elect to deplete the Xxxx XXX by the end of the fifth calendar year following your death or to receive payments based on the designated beneficiary(ies)’s life expectancy. If life expectancy payments are elected, the payments must generally begin by December 31 of the first calendar year following your death. If your surviving spouse is your sole designated beneficiary, he or she may delay the first distribution until December 31 of the year you would have attained age 70½, if later. If your designated beneficiary is not an individual or qualified trust (e.g., a charity, your estate, etc.), your Xxxx XXX must be distributed by the end of the fifth calendar year following your death. Generally, each beneficiary may elect the timing and manner regarding the distribution of his or her portion of the Xxxx XXX. Elections must generally be made by December 31 of the year following your death. If timely elections are not made, distributions to designated beneficiaries who are individuals will be made using the life expectancy option. The default provision for designated beneficiaries that are not individuals is the 5-year method. If your beneficiary(ies) fails to withdraw the required amount in any tax year, he or she may be subject to a 50% excess accumulation penalty tax on the amount that should have been withdrawn but was not distributed. If your surviving spouse is the sole designated beneficiary of your Xxxx XXX, he/she may treat your Xxxx XXX as his or her own Xxxx XXX by redesignating your Xxxx XXX as his or her own Xxxx XXX, failing to take a required distribution as a beneficiary, or by making a contribution. Regardless of whether your spouse is your sole designated beneficiary, he or she may roll distributions from your Xxxx XXX into his or her own Xxxx XXX generally within 60 days of receipt. Additional restrictions may apply. CUSTODIAN NOT YOUR ADVISOR UMB Bank, n.a., UMB Distribution Services, LLC, Grand Distributions Services, LLC, and UMB Fund Services, Inc. expressly disclaim any right, duty, authority or responsibility to furnish legal or tax advice relating to your IRA, including but not limited to present or future tax consequences to you or others which may result from the establishment or maintenance of the Custodial Account, the permissible amounts or deductibility of contributions, the effect of withdrawals, the selection of payment options or beneficiaries, any matters pertaining to prohibited transactions, and any other matter whatsoever. You are advised and encouraged to consult with professional counsel of your own selection respecting all such matters.

  • No Distributions Make any Distribution except Permitted Distributions.

  • Final Distributions Section 8.01. Sale of Receivables or Certificateholders' Interest pursuant to Section 2.06 or 10.01 of the Agreement and Section 7.01 or 7.02 of this Supplement.

  • Qualified HSA Funding Distribution If you are eligible to contribute to a health savings account (HSA), you may be eligible to take a one-time tax-free HSA funding distribution from your IRA and directly deposit it to your HSA. The amount of the qualified HSA funding distribution may not exceed the maximum HSA contribution limit in effect for the type of high deductible health plan coverage (i.e., single or family coverage) that you have at the time of the deposit, and counts toward your HSA contribution limit for that year. For further detailed information, you may wish to obtain IRS Publication 969, Health Savings Accounts and Other Tax-Favored Health Plans.

  • Certain Distributions If the Company elects to:

  • Character of Liquidating Distributions All payments made in liquidation of the interest of a Unit Holder in the Company shall be made in exchange for the interest of such Unit Holder in Property pursuant to Section 736(b)(1) of the Code, including the interest of such Unit Holder in Company goodwill.

Time is Money Join Law Insider Premium to draft better contracts faster.