Distribution of Net Cash Sample Clauses

Distribution of Net Cash. Following the end of each fiscal year of the Company and the adjustment of Member’s capital accounts for that fiscal year, the Company may distribute the Net Cash of the Company to Member. Distributions of Net Cash shall be made among Member in proportion to its Company Interests. The term “Net Cash” shall mean cash flow available after normal operating expenses, debt service, and any reasonable reserves set aside for future liabilities as determined by Member.
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Distribution of Net Cash. At least once each calendar quarter, the Managing Member shall determine the amount, if any, of Net Cash available to the Company for distribution. The amount of Net Cash so determined to be distributable pursuant to this Section 7.1 shall be distributed (taking into consideration all prior distributions made pursuant to Section 7.2), except as otherwise provided in Article 12 hereof, and after the minimum distribution to pay taxes has been made pursuant to Section 7.4, at such times as the Managing Member may determine, but in any event within a reasonable time after the end of such calendar quarter, in the following order and priority:
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Distribution of Net Cash. The determination of whether there is sufficient Net Cash so that distributions may be made to the Members in accordance with this Agreement (including, without limitation, pursuant to this Article V) shall be in the reasonable discretion of KBS, taking into account the reasonable business needs of the Company. Prior to the removal of the JV Member as Managing Member for Cause pursuant to Section 2.06(d) above or the removal of the JV Member as Managing Member without Cause pursuant to Section 2.06(g) above, Net Cash shall be determined and distributed quarterly (or at such other times as are determined in the reasonable discretion of KBS, taking into account the reasonable business needs of the Company) in the following order of priority:
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Distribution of Net Cash. Net Cash shall be distributed at such times as are determined by Managing Member, but no less often than quarterly, in the following order of priority; (a) First, to the Non-Defaulting Member until all Default Loans have been repaid in full (with payments to be applied first to accrued interest and then to outstanding principal); -23- (b) Second, to the repayment of accrued interest and then outstanding principal under all unrepaid Member Loans (if any); (c) Third, ninety percent (90%) to Pacific Oak and ten percent (10%) to Invesco, until Pacific Oak has received from and after the Effective Date an IRR Return of ten percent (10%); (d) Fourth, seventy-five percent (75%) to Pacific Oak and twenty five percent (25%) to Invesco, until Pacific Oak has received from and after the Effective Date an IRR Return of fifteen percent (15%); and (e) Fifth, sixty percent (60%) to Pacific Oak and forty percent (40%) to Invesco; provided, however, that notwithstanding the foregoing, once Invesco has received distributions of Net Cash hereunder in an aggregate amount of cash equal to its initial deemed capital contribution plus an IRR Return of seven percent (7.0%) (such event being hereinafter referred to as the “Redemption Trigger Event”), (i) all further distributions of Net Cash shall thereafter be made one hundred percent (100%) to the holders of the Common Interest Percentages in proportion to their respective Common Interest Percentages (i.e., 100% to Pacific Oak), and (ii) Invesco’s Interest shall be redeemed pursuant to the provisions of Section 7.02 below so that Pacific Oak shall become the sole Member of the Company and the sole holder of the Preferred Interest Percentages and the Common Interest Percentages. 5.02
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Distribution of Net Cash. Flow to Meet Estimated Tax Obligations. Except in connection with the liquidation of the Company, in which case all distributions will be made in accordance with Article IX, a distribution of Net Cash Flow shall be made to each Member, no later than January 1, April 1, June 1 and September 1 of each year in an amount equal to 43% of the estimated Profits (as determined by the Managing Member) for the applicable periods for which estimated federal and state income tax payments must be made by the Member and all loan agreements and other arrangement with lenders shall contain a reservation of right on the part of the Company to make such payments.
Sample 1
Distribution of Net Cash. Following the end of each fiscal year of the Company and the adjustment of the Member's capital accounts for that fiscal year, the Company may distribute the Net Cash of the Company to the Members by the unanimous consent of Members in proportion to the Percentage of Membership Interests of the Members. The term "Net Cash" shall mean an amount which is equal to the net profits of the Company except that (a) depreciation of buildings, improvements, personal property and amortization of leasehold improvement, if applicable, shall not be considered a deduction, (b) payment of interest on and repayment of principal of, debts shall be considered a deduction, (c) any amounts expended on behalf of the Company for capital improvements or new investments with the unanimous consent of Members shall be considered a deduction, and (d) any reasonable reserve of capital with the unanimous consent of Members to provide funds to be invested in additional Company property, to provide funds for capital improvements for Company property, or to provide funds for any other contingency of the Company shall be considered a deduction.
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Distribution of Net Cash. Net Cash shall be distributed at such times as are reasonably determined by Managing Member in the following order of priority:
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Distribution of Net Cash. 3.4.1 In addition to the Cash Price and the IFG Shares, the Buyer shall pay as part of Purchase Price to the Sellers and to the Non Family Shareholders the Net Cash as determined and in the manner set out below.
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Distribution of Net Cash. Following the end of each fiscal year of the Company and the adjustment of the Member's capital accounts for that fiscal year, the Company may distribute the Net Cash of the Company to the Members. Distributions of Net Cash shall be made among the Members in proportion to their Company interests (without regard to whether such interest is a Voting Interest or Non- Voting Interest). The term "Net Cash" shall mean an amount which is equal to the net profits of the Company, plus the net proceeds from any refinancing of Company property, except that (a) depreciation of buildings, improvements, personal property and amortization of leasehold improvement, if applicable, shall not be considered a deduction,
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Related to Distribution of Net Cash

  • Distributions of Net Cash Flow The Net Cash Flow of the Partnership for each calendar year, shall be distributed to the Partners from time to time, in the discretion of the General Partner, in accordance with the Percentage Interests of the Partners.

  • Distribution of Cash (a) The Partnership shall distribute cash on a quarterly (or, at the election of the General Partner, more frequent) basis, in an amount determined by the General Partner in its sole and absolute discretion, to the Partners who are Partners on the Partnership Record Date with respect to such quarter (or other distribution period) in accordance with Section 5.2(b).

  • Distribution of UDP and TCP queries DNS probes will send UDP or TCP “DNS test” approximating the distribution of these queries.

  • Allocation of Net Profits and Net Losses As of the last day of each Fiscal Period, any Net Profits or Net Losses for the Fiscal Period shall be allocated among and credited to or debited against the Capital Accounts of the Members in accordance with their respective Investment Percentages for such Fiscal Period.

  • Determination of Net Asset Value, Net Income and Distributions Subject to applicable federal law including the 1940 Act and Section 3.6 hereof, the Trustees, in their sole discretion, may prescribe (and delegate to any officer of the Trust or any other Person or Persons the right and obligation to prescribe) such bases and time (including any methodology or plan) for determining the per Share or net asset value of the Shares of the Trust or any Series or Class or net income attributable to the Shares of the Trust or any Series or Class, or the declaration and payment of dividends and distributions on the Shares of the Trust or any Series or Class and the method of determining the Shareholders to whom dividends and distributions are payable, as they may deem necessary or desirable. Without limiting the generality of the foregoing, but subject to applicable federal law including the 1940 Act, any dividend or distribution may be paid in cash and/or securities or other property, and the composition of any such distribution shall be determined by the Trustees (or by any officer of the Trust or any other Person or Persons to whom such authority has been delegated by the Trustees) and may be different among Shareholders including differences among Shareholders of the same Series or Class.

  • Allocation of Net Income and Net Loss Net Income or Net Loss of the Partnership shall be determined as of the end of each calendar year and as of the end of any interim period extending through the day immediately preceding any (i) disproportionate Capital Contribution, (ii) disproportionate distribution, (iii) Transfer of a Partnership Interest in accordance with the terms of this Agreement, or (iv) Withdrawal Event. If a calendar year includes an interim period, the determination of Net Income or Net Loss for the period extending through the last day of the calendar year shall include only that period of less than twelve (12) months occurring from the day immediately following the last day of the latest interim period during the calendar year and extending through the last day of the calendar year. For all purposes, including income tax purposes, Net Income, if any, of the Partnership for each calendar year or interim period shall be allocated among the Partners in proportion to their respective Partnership Percentages for the calendar year or interim period. In the event of a Net Loss for a particular calendar year or interim period, then, for such calendar year or interim period, the Net Loss for such calendar year or interim period shall be allocated among the Partners in proportion to their respective Partnership Percentages for the calendar year or interim period.

  • Distribution of Funds All funds received by the Trust to the extent not encumbered by the Indenture and otherwise available for distribution (or if encumbered by the Indenture, which have been released by the relevant parties benefiting from such encumbrance) will be distributed to the Beneficiary.

  • Limitation on Allocation of Net Loss To the extent that any allocation of Net Loss would cause or increase an Adjusted Capital Account Deficit as to any Holder, such allocation of Net Loss shall be reallocated (x) first, among the other Holders of Partnership Common Units in accordance with their respective Percentage Interests with respect to Partnership Common Units and (y) thereafter, among the Holders of other classes of Partnership Units as determined by the General Partner, subject to the limitations of this Section 6.4.A(vi).

  • Determination of Net Asset Value Section 2. The net asset value per share of each class and each series of Shares of the Trust shall be determined in accordance with the 1940 Act and any related procedures adopted by the Trustees from time to time. Determinations made under and pursuant to this Section 2 in good faith and in accordance with the provisions of the 1940 Act shall be binding on all parties concerned.

  • Distribution of Overtime Overtime shall be distributed as equally as feasible among qualified employees customarily performing the kind of work required, and currently assigned to the work unit in which the overtime is to be worked. When the assignment of overtime work causes an unusual burden upon the employee, the employee shall not be required to work overtime unless the absence would cause the Agency to be unable to meet its responsibilities.

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