Common use of Distributions in Cash or in Kind Clause in Contracts

Distributions in Cash or in Kind. While it is the intention of the Board to make any and all distributions in cash, the Company may, with the consent of the relevant Member, make in-kind distributions (except for distributions made pursuant to Section 20.2, in which case such consent is not required). To the extent feasible, a distribution in-kind of any asset pursuant to this Article XII (except for distributions in redemption of interests in the Company) shall be made to the Members in proportion to each of their respective shares of the proposed distribution as provided in Section 12.1. For purposes of the preceding sentence, each lot of Securities having a separately identifiable basis shall be treated as a separate asset. The valuation of distributions in-kind shall be in the manner provided in Article XV.

Distributions in Cash or in Kind. While it is the intention of the Board to make any and all distributions in cash, the Company may, with the consent of the relevant Member, make in-kind in -kind distributions (except for distributions made pursuant to Section 20.2, in which case such consent is not required). To the extent feasible, a distribution in-kind of any asset pursuant to this Article XII (except for distributions in redemption of interests in the Company) shall be made to the Members in proportion to each of their respective shares of the proposed distribution as provided in Section 12.1. For purposes of the preceding sentence, each lot of Securities having a separately identifiable basis shall be treated as a separate asset. The valuation of distributions in-kind in -kind shall be in the manner provided in Article XV.