Distributions in Specie Sample Clauses

Distributions in Specie. 6.6.1 The Manager shall use reasonable endeavours to make capital distributions in cash. Subject thereto, the Manager shall be entitled with Investor Consent to determine that the Partnership should make a distribution of assets in specie on the basis set out in this Clause 6.6 and to determine on such basis as shall be specified in such Investor Consent the Value attributable to such assets.
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Distributions in Specie. 5.4.1 Distributions prior to the winding up and dissolution of the Partnership may only take the form of distributions in cash or distributions in specie, in the General Partner’s discretion. Any distributions consisting of both cash and in specie portions shall be made, to the extent practicable, in pro rata portions of cash and such securities as to each Partner receiving such distributions.
Distributions in Specie. No distributions in specie will be made to the Members.
Distributions in Specie. 4.1 The General Partner shall use all reasonable endeavours to make capital Distributions in cash. Subject thereto the General Partner shall be entitled with Consent to determine that the Partnership should make a Distribution of assets in specie on the basis set out in this Paragraph 4 and to determine on such basis as shall be specified in such Consent the Value attributable to such assets.
Distributions in Specie. 7.6.1 For the avoidance of doubt and subject to clause 10.3, the provisions of clauses 7.8(i) and 7.9 shall only apply to distributions of cash, and the General Partner shall have full power and authority (exercisable in its sole discretion) to make a distribution of assets in specie in relation to the Investment concerned on the basis set out in this Clause 7.6 to one or more Partners.
Distributions in Specie. (a) No distribution in specie will be made of unlisted Investments except on termination of the Partnership in accordance with clause 10.6(d), or if each and every Limited Partner consents to such distribution. In addition the Manager may in its discretion (acting reasonably) make a distribution of any securities which are listed or about to be listed comprised in such Investment in specie to those Limited Partners who request such a distribution on the basis set out in this sub-clause. Distributions in specie of such securities shall be made at or as soon as practicable after Listing (having regard, inter alia, to any dealing restrictions which may apply) and shall be made in accordance with clauses 7.1(a) and 8.1 such that each Limited Partner who so requests such a distribution shall receive a proportionate amount of each class of securities available for distribution, or (if such method of distribution is for any reason impracticable) such that each such Limited Partner shall receive as nearly as possible a proportionate amount of each class of securities available for distribution together with a balancing payment in cash in the case of any such Limited Partner who shall not receive the full proportionate amount of any class of securities to which he would otherwise be entitled hereunder. For the avoidance of doubt, no Limited Partner shall be entitled to receive a distribution in specie which is (valued at the Mid Price) greater than the amount in cash which he would have received at such time had he not requested such a distribution in specie. If a distribution in specie is made under this clause the Manager shall take reasonable steps to procure that a certificate representing the securities to which each such Limited Partner is entitled pursuant to such distribution is sent to such Limited Partner and/or that appropriate steps are taken to record the transfer of title to such securities as appropriate. For the avoidance of doubt, the Special Limited Partner shall not be entitled to receive any Carried Interest in specie until such time as there are no circumstances in which the Special Limited Partner may be required to repay monies to the Partnership pursuant to the clawback obligations set forth in clause 8.3 hereof.
Distributions in Specie. 6.6.1 The General Partner shall be entitled at any time to determine that the Partnership should make a distribution of assets in specie on the basis set out in this Clause
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Distributions in Specie. For so long as the Custodian is the record holder of the Shares, the Company: (a) will not distribute any ‘non-financial assets’ (that term having the same meaning as when used in the Future Fund Act 2006 (Cth)) to the Custodian (including on winding up of the Company) without the prior written consent of the Custodian and (b) will procure that non-financial assets are not paid as consideration to the Custodian without the prior written consent of the Custodian. If the Company proposes to distribute any non-financial assets to any of the holders of capital stock in the Company, or it is otherwise proposed that non-financial assets be paid as consideration to the holders of capital stock in the Company, the Company will ensure that the Custodian’s portion of such non-financial assets are instead (at the Custodian’s election and expense):
Distributions in Specie. 6.6.1 Distributions prior to the commencement of the winding up of the Partnership may only take the form of distributions in cash (in Hong Kong Dollars) or distributions in specie, in the General Partner's discretion; provided that any distributions in specie prior to the commencement of the winding up of the Partnership shall require the Ordinary Consent and shall be carried out in accordance with this Clause 6.6. Any distributions consisting of both cash and in specie portions shall be made, to the extent practicable, in pro rata portions of cash and such securities as to each Partner receiving such distributions. No distribution in specie will be made of Investments which have not achieved a Listing except on the commencement of winding up of the Partnership in accordance with Clause 15 (Termination of Business, Winding Up, Liquidation and Dissolution) or where otherwise by Ordinary Consent.

Related to Distributions in Specie

  • Distributions in General Except as otherwise provided in Article 7 hereof and subject to Sections 17-607 and 17-804 of the Act, for any fiscal year all Cash Available for Distribution, net proceeds from any Terminating Capital Transaction and Financing Proceeds shall be distributed to the Partners at least quarterly.

  • Distributions in Kind Except as expressly provided herein, no right is given to any Partner to demand and receive property other than cash. The General Partner may determine, in its sole and absolute discretion, to make a distribution in-kind to the Partners of Partnership assets, and such assets shall be distributed in such a fashion as to ensure that the fair market value is distributed and allocated in accordance with Articles 5, 6 and 10.

  • Distributions in Shares If any distribution upon any Deposited Securities consists of a dividend in, or free distribution of, Shares, the Depositary may, and shall if the Issuer shall so request, distribute to the Owners of outstanding Receipts entitled thereto, in proportion to the number of American Depositary Shares representing such Deposited Securities held by them respectively, additional Receipts evidencing an aggregate number of American Depositary Shares representing the amount of Shares received as such dividend or free distribution, subject to the terms and conditions of the Deposit Agreement with respect to the deposit of Shares and the issuance of American Depositary Shares evidenced by Receipts, including the withholding of any tax or other governmental charge as provided in Section 4.11 and the payment of fees of the Depositary as provided in Section 5.9. In lieu of delivering Receipts for fractional American Depositary Shares in any such case, the Depositary shall sell the amount of Shares represented by the aggregate of such fractions and distribute the net proceeds, all in the manner and subject to the conditions described in Section 4.1. If additional Receipts are not so distributed, each American Depositary Share shall thenceforth also represent the additional Shares distributed upon the Deposited Securities represented thereby.

  • Distributions; Investments (a) Pay any dividends or make any distribution or payment or redeem, retire or purchase any capital stock other than Permitted Distributions; or (b) directly or indirectly acquire or own any Person, or make any Investment in any Person, other than Permitted Investments, or permit any of its Subsidiaries to do so.

  • Distributions in Liquidation Following the dissolution of the Company and the commencement of winding up and the liquidation of its assets, distributions to the Members shall be governed by Section 12.2.

  • Cash Distributions Whenever the Depositary receives confirmation from the Custodian of the receipt of any cash dividend or other cash distribution on any Deposited Securities, or receives proceeds from the sale of any Deposited Securities or any other entitlements held in respect of Deposited Securities under the terms hereof, the Depositary will (i) if at the time of receipt thereof any amounts received in a Foreign Currency can in the judgment of the Depositary (pursuant to Section 4.8) be converted on a practicable basis into Dollars transferable to the United States, promptly convert or cause to be converted such cash dividend, distribution or proceeds into Dollars (on the terms described in Section 4.8), (ii) if applicable, establish the ADS Record Date upon the terms described in Section 4.9, and (iii) distribute promptly the amount thus received (net of (a) the applicable fees and charges of, and expenses incurred by, the Depositary and (b) taxes withheld) to the Holders entitled thereto as of the ADS Record Date in proportion to the number of ADSs held as of the ADS Record Date. The Depositary shall distribute only such amount, however, as can be distributed without attributing to any Holder a fraction of one cent, and any balance not so distributed shall be held by the Depositary (without liability for interest thereon) and shall be added to and become part of the next sum received by the Depositary for distribution to Holders of ADSs outstanding at the time of the next distribution. If the Company, the Custodian or the Depositary is required to withhold and does withhold from any cash dividend or other cash distribution in respect of any Deposited Securities an amount on account of taxes, duties or other governmental charges, the amount distributed to Holders on the ADSs representing such Deposited Securities shall be reduced accordingly. Such withheld amounts shall be forwarded by the Company, the Custodian or the Depositary to the relevant governmental authority. Evidence of payment thereof by the Company shall be forwarded by the Company to the Depositary upon request.

  • Capital Contributions Distributions 10 SECTION 5.1

  • Certain Distributions If the Company elects to:

  • 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:

  • 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.

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