Common use of Distributions of Cash Flow Clause in Contracts

Distributions of Cash Flow. (h) The Manager shall cause the Company to distribute on a quarterly basis such portion of the Cash Flow of the Company as the Manager shall determine in its sole discretion. Except as provided in Section 10.4, such distributions shall be made to the Members who are Members on the applicable Record Date as follows: first, to the holders of the Preferred Units, an amount equal to the unpaid portion of the Preferred Return due to the holders of the Preferred Units on the applicable Record Date, as determined pursuant to the applicable exhibit to this Agreement setting forth the terms of such Preferred Units; second, to all Members who are Members on the applicable Record Date and who beneficially own Common Units, in accordance with their respective Common Percentage Interests; provided, however, if for any Common Unit Distribution Period, a Newly Issued Common Unit is outstanding on the Record Date for such period, there shall not be distributed in respect of such Newly Issued Common Unit the amount (the “Full Distribution Amount”) that would otherwise be distributed in respect of such Unit in accordance with its respective Common Percentage Interest, but rather, the Manager shall cause to be distributed with respect to each such Newly Issued Common Unit an amount equal to the Full Distribution Amount multiplied by a fraction, the numerator of which equals the number of days such Newly Issued Common Unit has been outstanding during the Common Unit Distribution Period and the denominator of which equals the total number of days in such Common Unit Distribution Period. Any Cash Flow not distributed to the holders of Units by operation of this provision shall be retained by the Company and applied toward future distributions or payment of Company expenses.

Distributions of Cash Flow. (ha) The Manager General Partner shall cause the Company Partnership to distribute on a quarterly basis such portion of the Cash Flow of the Company Partnership as the Manager General Partner shall determine in its sole discretion. Except as provided in Section 10.4, such distributions shall be made to the Members Partners who are Members Partners on the applicable Record Date record date as follows: first, to the holders of the Preferred Partnership Units, an amount equal to the unpaid portion of the Preferred Return due to the holders of the Preferred Partnership Units on the applicable Partnership Record Date, as determined pursuant to the applicable exhibit to this Agreement hereto setting forth the terms of such Preferred Partnership Units; second, to all Members Partners who are Members Partners on the applicable Partnership Record Date and who beneficially own Common Partnership Units, in accordance with their respective Common Percentage Interests; provided, however, if for any Common Partnership Unit Distribution Period, a Newly Issued Common Partnership Unit is outstanding on the Partnership Record Date for such period, there shall not be distributed in respect of such Newly Issued Common Partnership Unit the amount (the “Full Distribution Amount”) that would otherwise be distributed in respect of such Partnership Unit in accordance with its respective Common Percentage Interest, but rather, the Manager General Partner shall cause to be distributed with respect to each such Newly Issued Common Partnership Unit an amount equal to the Full Distribution Amount multiplied by a fraction, the numerator of which equals the number of days such Newly Issued Common Partnership Unit has been outstanding during the Common Partnership Unit Distribution Period and the denominator of which equals the total number of days in such Common Partnership Unit Distribution Period. Any Cash Flow not distributed to the holders of Partnership Units by operation of this provision shall be retained by the Company Partnership and applied toward future distributions or payment of Company Partnership expenses.

Distributions of Cash Flow. (h) The Manager General Partner shall cause the Company Partnership to distribute on a quarterly basis such portion of the Cash Flow of the Company Partnership as the Manager General Partner shall determine in its sole discretion. Except as provided in Section 10.4, such distributions shall be made to the Members Partners who are Members Partners on the applicable Partnership Record Date as follows: first, to the holders of the Preferred Partnership Units, an amount equal to the unpaid portion of the Preferred Return due to the holders of the Preferred Partnership Units on the applicable Partnership Record Date, as determined pursuant to the applicable exhibit to this Agreement hereto setting forth the terms of such Preferred Partnership Units; second, to all Members Partners who are Members Partners on the applicable Partnership Record Date and who beneficially own Class B Common Partnership Units, the Class B Common Partnership Unit Return, including any accrued accumulated but previously unpaid Class B Common Partnership Return, if any; and third, to all Partners who are Partners on the applicable Partnership Record Date and who beneficially own Common Partnership Units (other than Class B Common Partnership Units), in accordance with their respective Common Percentage Interests; provided, however, if for any Common Partnership Unit Distribution Period, a Newly Issued Common Partnership Unit is outstanding on the Partnership Record Date for such period, there shall not be distributed in respect of such Newly Issued Common Partnership Unit the amount (the “Full Distribution Amount”) that would otherwise be distributed in respect of such Partnership Unit in accordance with its respective Common Percentage Interest, but rather, the Manager General Partner shall cause to be distributed with respect to each such Newly Issued Common Partnership Unit an amount equal to the Full Distribution Amount multiplied by a fraction, the numerator of which equals the number of days such Newly Issued Common Partnership Unit has been outstanding during the Common Partnership Unit Distribution Period and the denominator of which equals the total number of days in such Common Partnership Unit Distribution Period. Any Cash Flow not distributed to the holders of Partnership Units by operation of this provision shall be retained by the Company Partnership and applied toward future distributions or payment of Company Partnership expenses.

Distributions of Cash Flow. (h) The Manager General Partner shall cause the Company Partnership to distribute on a quarterly basis such portion of the Cash Flow of the Company Partnership as the Manager General Partner shall determine in its sole discretion. Except as provided in Section 10.4, such distributions shall be made to the Members Partners who are Members Partners on the applicable Record Date record date as follows: first, to the holders of the Preferred Partnership Units, an amount equal to the unpaid portion of the Preferred Return due to the holders of the Preferred Partnership Units on the applicable Partnership Record Date, as determined pursuant to the applicable exhibit to this Agreement hereto setting forth the terms of such Preferred Partnership Units; second, to all Members Partners who are Members Partners on the applicable Partnership Record Date and who beneficially own Class B Common Partnership Units, the Class B Common Partnership Unit Return, including any accrued accumulated but previously unpaid Class B Common Partnership Return, if any; and third, to all Partners who are Partners on the applicable Partnership Record Date and who beneficially own Common Partnership Units (other than Class B Common Partnership Units), in accordance with their respective Common Percentage Interests; provided, however, if for any Common Partnership Unit Distribution Period, a Newly Issued Common Partnership Unit is outstanding on the Partnership Record Date for such period, there shall not be distributed in respect of such Newly Issued Common Partnership Unit the amount (the “Full Distribution Amount”) that would otherwise be distributed in respect of such Partnership Unit in accordance with its respective Common Percentage Interest, but rather, the Manager General Partner shall cause to be distributed with respect to each such Newly Issued Common Partnership Unit an amount equal to the Full Distribution Amount multiplied by a fraction, the numerator of which equals the number of days such Newly Issued Common Partnership Unit has been outstanding during the Common Partnership Unit Distribution Period and the denominator of which equals the total number of days in such Common Partnership Unit Distribution Period. Any Cash Flow not distributed to the holders of Partnership Units by operation of this provision shall be retained by the Company Partnership and applied toward future distributions or payment of Company Partnership expenses.

Distributions of Cash Flow. (ha) The Manager General Partner shall cause the Company Partnership to distribute on a quarterly basis such portion of the Cash Flow of the Company Partnership as the Manager General Partner shall determine in its sole discretion. Except as provided in Section 10.4, such distributions shall be made to the Members Partners who are Members Partners on the applicable Record Date record date as follows: first, to the holders of the Preferred Partnership Units, an amount equal to the unpaid portion of the Preferred Return due to the holders of the Preferred Partnership Units on the applicable Partnership Record Date, as determined pursuant to the applicable exhibit to this Agreement hereto setting forth the terms of such Preferred Partnership Units; second, to all Members Partners who are Members Partners on the applicable Partnership Record Date and who beneficially own Class B Common Partnership Units, the Class B Common Partnership Unit Return, including any accrued accumulated but previously unpaid Class B Common Partnership Return, if any; and third, to all Partners who are Partners on the applicable Partnership Record Date and who beneficially own Common Partnership Units (other than Class B Common Partnership Units), in accordance with their respective Common Percentage Interests; provided, however, if for any Common Partnership Unit Distribution Period, a Newly Issued Common Partnership Unit is outstanding on the Partnership Record Date for such period, there shall not be distributed in respect of such Newly Issued Common Partnership Unit the amount (the “Full Distribution Amount”) that would otherwise be distributed in respect of such Partnership Unit in accordance with its respective Common Percentage Interest, but rather, the Manager General Partner shall cause to be distributed with respect to each such Newly Issued Common Partnership Unit an amount equal to the Full Distribution Amount multiplied by a fraction, the numerator of which equals the number of days such Newly Issued Common Partnership Unit has been outstanding during the Common Partnership Unit Distribution Period and the denominator of which equals the total number of days in such Common Partnership Unit Distribution Period. Any Cash Flow not distributed to the holders of Partnership Units by operation of this provision shall be retained by the Company Partnership and applied toward future distributions or payment of Company Partnership expenses.

Distributions of Cash Flow. (ha) The Manager General Partner shall cause the Company Partnership to distribute on a quarterly basis such portion of the Cash Flow of the Company Partnership as the Manager General Partner shall determine in its sole discretion. Except as provided in Section 10.4, such distributions shall be made to the Members Partners who are Members Partners on the applicable Record Date record date as follows: first, FIRST: to the holders of the Preferred Partnership Units, an amount equal to the unpaid portion of the Preferred Return due to the holders of the Preferred Partnership Units on the applicable Partnership Record Date, as determined pursuant to the applicable exhibit to this Agreement hereto setting forth the terms of such Preferred Partnership Units; second, SECOND: to all Members Partners who are Members Partners on the applicable Partnership Record Date and who beneficially own Common Partnership Units, in accordance with their respective Common Percentage Interests; provided, however, if for any Common Partnership Unit Distribution Period, a Newly Issued Common Partnership Unit is outstanding on the Partnership Record Date for such period, there shall not be distributed in respect of such Newly Issued Common Partnership Unit the amount (the “Full Distribution Amount”) that would otherwise be distributed in respect of such Partnership Unit in accordance with its respective Common Percentage Interest, but rather, the Manager General Partner shall cause to be distributed with respect to each such Newly Issued Common Partnership Unit an amount equal to the Full Distribution Amount multiplied by a fraction, the numerator of which equals the number of days such Newly Issued Common Partnership Unit has been outstanding during the Common Partnership Unit Distribution Period and the denominator of which equals the total number of days in such Common Partnership Unit Distribution Period. Any Cash Flow not distributed to the holders of Partnership Units by operation of this provision shall be retained by the Company Partnership and applied toward future distributions or payment of Company Partnership expenses.

Distributions of Cash Flow. (ha) The Manager General Partner shall cause the Company Partnership to distribute on a quarterly basis such portion of the Cash Flow of the Company Partnership as the Manager General Partner shall determine in its sole discretion. Except as provided in Section 10.4, such distributions shall be made to the Members Partners who are Members Partners on the applicable Record Date record date as follows: first, to the holders of the Preferred Partnership Units, an amount equal to the unpaid portion of the Preferred Return due to the holders of the Preferred Partnership Units on the applicable Partnership Record Date, as determined pursuant to the applicable exhibit to this Agreement hereto setting forth the terms of such Preferred Partnership Units; second, to all Members Partners who are Members Partners on the applicable Partnership Record Date and who beneficially own Class B Common Partnership Units, the Class B Common Partnership Unit Return, including any accrued accumulated but previously unpaid Class B Common Partnership Return, if any; and third, to all Partners who are Partners on the applicable Partnership Record Date and who beneficially own Common Partnership Units (other than Class B Common Partnership Units), in accordance with their respective Common Percentage Interests; provided, however, if for any Common Unit Distribution Period, a Newly Issued Common Unit is outstanding on the Partnership Record Date for such period, there shall not be distributed in respect of such Newly Issued Common Unit the amount (the “Full Distribution Amount”) that would otherwise be distributed in respect of such Unit in accordance with its respective Common Percentage Interest, but rather, the Manager General Partner shall cause to be distributed with respect to each such Newly Issued Common Unit an amount equal to the Full Distribution Amount multiplied by a fraction, the numerator of which equals the number of days such Newly Issued Common Unit has been outstanding during the Common Unit Distribution Period and the denominator of which equals the total number of days in such Common Unit Distribution Period. Period Any Cash Flow not distributed to the holders of Units by operation of this provision shall be retained by the Company Partnership and applied toward future distributions or payment of Company Partnership expenses.