Discretionary Distributions. 1. The Manager may cause the Company to distribute cash or Securities or other Company assets from time to time in its sole discretion. Distributions pursuant to this paragraph 7.5(a) shall be made first to all Members in accordance with their respective Ownership Percentages (solely as an interim step i n calculating final distributions pursuant to the following provisions of this paragraph 7.5(a)) and then shall be further divided between each Member on the one hand and the Manager on the other hand as follows:
Discretionary Distributions. From time to time the Board shall determine in its reasonable judgment, after consultation with the Company’s accountant, to what extent (if any) the Company’s cash on hand exceeds its current and anticipated needs, including without limitation, for operating expenses, debt service and a reasonable contingency reserve. If such an excess exists, in addition to any distributions pursuant to Section 6.3(a), the Board may declare discretionary cash distributions payable to the Members pro rata based on their Relative Membership Interests in an amount up to such excess, so long as: (i) there is no outstanding principal balance on the Note; and (ii) all liabilities of the Company to the Members have been satisfied, including without limitation, payments related to accrued billing fees, medical malpractice premiums, and fees to be paid for other services provided by, or arranged for by, one of the Members.
Discretionary Distributions. Subject to the provisions of this Article V, the Board of Managers shall have sole discretion regarding the amount and timing of Distributions to the Common Holders and the Class C Holders, if applicable, in an amount greater than the Distributions required to be made pursuant to Section 5.1(b), Section 5.1(c) or Section 5.2; provided that any Distribution in an amount greater than the Distributions required to be made pursuant to Section 5.1(b), Section 5.1(c) and Section 5.2 shall require the prior written consent of at least a majority of the Independent Managers if, and then only to the extent that, (a) any Rating Agency shall have communicated to the Company, after inquiry, that such proposed Distribution is reasonably likely to result in a downgrade of the credit rating of any unsecured indebtedness of the Company or any Material Subsidiary or a negative change in the outlook of such credit rating of the Company or any of its Material Subsidiaries (a “Credit Downgrade”) or (b) the Board of Managers shall have determined in good faith that if the Company makes all or any portion of such Distribution, it will result in a reduction of the equity capital of the Company below the Required Capital Amount. Distributions made pursuant to this Section 5.3, subject to the Act, shall be distributed in accordance with Section 5.1.
Discretionary Distributions. (a) Subject to Sections 5.2(b), 5.3, 5.4, 5.5 and 9.2, available cash shall be distributed, at such times and in such amounts as the Board determines in its discretion, in the following order and priority;
Discretionary Distributions. (a) Distributions of Short-Term Investment Income shall be made to the Partners in accordance with each Partner's Participation Percentage.
Discretionary Distributions. 15 5.4 Reinvestment.........................................................15 5.5
Discretionary Distributions. The Managing Members may in their discretion make additional distributions of cash or Securities among the Members (not including any Defaulting Members).
Discretionary Distributions. Prior to the dissolution of the LLC (including, without limitation, a Capital Transaction that results in a dissolution of the LLC), the LLC shall distribute cash or property, subject to Sections 3.1 and 3.5, in such amounts, at such times and as of such record dates as the Board shall determine in the following order of priority:
Discretionary Distributions. At such times during any fiscal year as the General Partner determines, in the General Partner’s sole discretion, if all distributions pursuant to Section 4.2(b) have been made in full, the Partnership may, if the General Partner determines to do so in the General Partner’s sole discretion, make distributions up to the amount of the undistributed Net Cash Flow to all of the Partners. Except as otherwise provided in this Agreement, including Section 8.4, the Net Cash Flow of the Partnership shall be distributed in the following amounts and in the following priorities:
Discretionary Distributions. 26 4.4 AMOUNTS WITHHELD............................................................26
