Common use of Order of Payment of Liabilities Upon Dissolution Clause in Contracts

Order of Payment of Liabilities Upon Dissolution. After determining that all debts and liabilities of the Company, including all contingent, conditional or unmatured liabilities of the Company, in the process of winding-up, including, without limitation, debts and liabilities to the Member in the event it is a creditor of the Company to the extent otherwise permitted by law, have been paid or adequately provided for, the remaining assets shall be distributed in cash or in kind to the Member.

Appears in 60 contracts

Samples: Limited Liability Company Agreement (Duke Energy Progress SC Storm Funding LLC), Limited Liability Company Agreement (PG&E Recovery Funding LLC), Limited Liability Company Agreement (Entergy Arkansas Restoration Funding, LLC)

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Order of Payment of Liabilities Upon Dissolution. After determining that all the known debts and liabilities of the Company, including all contingent, conditional or unmatured liabilities of the Company, in the process of winding-up, including, without limitation, debts and liabilities to the Member in the event it is a creditor of the Company to the extent otherwise permitted by law, have been paid or adequately provided for, the remaining assets shall be distributed in cash or in kind to the MemberMember in accordance with their positive capital account balances, after taking into account income and loss allocations for the Company’s taxable year during which liquidation occurs.

Appears in 10 contracts

Samples: Operating Agreement (CityCenter Holdings, LLC), Operating Agreement (CityCenter Holdings, LLC), Operating Agreement (CityCenter Holdings, LLC)

Order of Payment of Liabilities Upon Dissolution. After determining that all known debts and liabilities of the Company, including all contingent, conditional or unmatured liabilities of the Company, in the process of winding-winding up, including, without limitation, debts and liabilities to the Sole Member in the event it is a creditor of the Company to the extent otherwise permitted by law, have been paid or adequately provided for, the remaining assets shall be distributed in cash or in kind to the Sole Member.

Appears in 9 contracts

Samples: Limited Liability Company Agreement (Wmeco Funding LLC), Limited Liability Company Agreement (PSNH Funding LLC 2), Limited Liability Company Agreement (PSNH Funding LLC)

Order of Payment of Liabilities Upon Dissolution. After determining that all debts and liabilities of the Company, including all contingent, conditional or unmatured liabilities of the Company, in the process of winding-up, and including, without limitation, debts and liabilities to the Sole Member in the event it is a creditor of the Company to the extent otherwise permitted by law, have been paid or adequately provided for, the remaining assets shall be distributed in cash or in kind to the Sole Member.

Appears in 8 contracts

Samples: Limited Liability Company Agreement (OE Funding LLC), Limited Liability Company Agreement (OE Funding LLC), Limited Liability Company Agreement (FirstEnergy Ohio PIRB Special Purpose Trust 2013)

Order of Payment of Liabilities Upon Dissolution. After determining that all debts and liabilities of the Company, including all contingent, conditional or unmatured liabilities of the Company, in the process of winding-up, including, without limitation, debts and liabilities to the Member in the event it is a creditor of the Company to the extent otherwise permitted by law, have been paid or adequately provided for, the remaining assets shall be distributed in cash or in kind to the Member, for further action as provided by orders of the LPSC.

Appears in 4 contracts

Samples: Limited Liability Company Operating Agreement (Cleco Power LLC), Limited Liability Company Operating Agreement (Cleco Power LLC), Limited Liability Company Operating Agreement (Cleco Power LLC)

Order of Payment of Liabilities Upon Dissolution. After determining that all the known debts and liabilities of the Company, including all contingent, conditional or unmatured liabilities of the Company, in the process of winding-up, including, without limitation, debts and liabilities to the Member in the event it is a creditor of the Company to the extent otherwise permitted by law, have been paid or adequately provided for, the remaining assets shall be distributed in cash or in kind to the MemberMembers in proportion to their Membership Interests.

Appears in 4 contracts

Samples: Operating Agreement (MGP Finance Co-Issuer, Inc.), Operating Agreement (MGP Finance Co-Issuer, Inc.), Operating Agreement (MGP Finance Co-Issuer, Inc.)

Order of Payment of Liabilities Upon Dissolution. After determining that satisfaction (whether by payment thereof or the making of reasonable provisions for the payment thereof) of all debts and liabilities of the Company, including all contingent, conditional or unmatured liabilities of the Company, in the process of winding-up, including, without limitation, debts and liabilities to the Member in the event it is a creditor of the Company to the extent otherwise permitted by law, have been paid or adequately provided for, the remaining assets shall be distributed in cash or in kind to the Member.

Appears in 2 contracts

Samples: Limited Liability Company Agreement (PSNH Funding LLC 3), Limited Liability Company Agreement (PSNH Funding LLC 3)

Order of Payment of Liabilities Upon Dissolution. After determining that all the known debts and liabilities of the Company, including all contingent, conditional or unmatured liabilities of the Company, in the process of winding-up, including, without limitation, debts and liabilities to the Member in the event it is a creditor of the Company to the extent otherwise permitted by law, have been paid or adequately provided for, the remaining assets shall be distributed in cash or in kind to the MemberMembers in accordance with their positive capital account balances, after taking into account income and loss allocations for the Company’s taxable year during which liquidation occurs.

Appears in 2 contracts

Samples: Operating Agreement (Extra Space Storage Inc.), Operating Agreement (Extra Space Storage Inc.)

Order of Payment of Liabilities Upon Dissolution. After determining that all debts and liabilities of the Company, including all contingent, conditional or unmatured liabilities of the Company, in the process of winding-up, including, without limitation, debts and liabilities to the Member in the event it is a creditor of the Company to the extent otherwise permitted by law, have been paid satisfied or adequately provided for, the remaining assets shall be distributed in cash or in kind to the Member.

Appears in 2 contracts

Samples: Limited Liability Company Agreement (RSB Bondco LLC), Limited Liability Company Agreement (RSB Bondco LLC)

Order of Payment of Liabilities Upon Dissolution. After determining that all debts and liabilities of the Company, including all contingent, conditional or unmatured liabilities of the Company, in the process of winding-up, including, without limitation, including debts and liabilities to the Member in the event it is a creditor of the Company to the extent otherwise permitted by law, have been paid or adequately provided for, the remaining assets shall be distributed in cash or in kind to the Member.

Appears in 2 contracts

Samples: Limited Liability Company Agreement (Virginia Power Fuel Securitization, LLC), Limited Liability Company Agreement (Virginia Power Fuel Securitization, LLC)

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Order of Payment of Liabilities Upon Dissolution. After determining that all the known debts and liabilities of the Company, including all contingent, conditional or unmatured liabilities of the Company, in the process of winding-up, including, without limitation, debts and liabilities to the Member in the event it is a creditor of the Company to the extent otherwise permitted by law, have been paid or adequately provided for, the remaining assets shall be distributed in cash or in kind to the MemberMembers in accordance with their positive capital account balances, after taking into account income and loss allocations for the Company's taxable year during which liquidation occurs.

Appears in 2 contracts

Samples: Operating Agreement, Operating Agreement (Vans Inc)

Order of Payment of Liabilities Upon Dissolution. After determining that all known debts and liabilities of the Company, including all contingent, conditional or unmatured liabilities of the Company, Company in the process of winding-winding up, including, without limitation, debts and liabilities to the Member in the event it is a creditor Members who are creditors of the Company to the extent otherwise permitted by lawCompany, have been paid or adequately provided for, the remaining assets shall be distributed in cash or in kind to the MemberMembers in proportion to their percentage interests. Such liquidating distributions shall be made as soon as practical as determined by the Managers in good faith.

Appears in 1 contract

Samples: Security Agreement

Order of Payment of Liabilities Upon Dissolution. After determining that all known debts and liabilities of the Company, including all contingent, conditional or unmatured liabilities of the Company, in the process of winding-up, including, without limitation, debts and liabilities to the Member in the event it is a creditor of the Company to the extent otherwise permitted by law, have been paid or adequately provided for, the remaining assets shall be distributed in cash or in kind to the Member.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Central & South West Corp)

Order of Payment of Liabilities Upon Dissolution. (a) After determining that all known debts and liabilities of the Company, including all contingent, conditional or unmatured liabilities of the Company, Company in the process of winding-up, including, including without limitation, debts and liabilities to the Member in the event it is as a creditor of the Company to the extent otherwise permitted by lawCompany, have been paid or adequately provided for, the remaining assets shall will be distributed in cash or in kind to the Member.

Appears in 1 contract

Samples: Operating Agreement (MACRO Securities Depositor, LLC)

Order of Payment of Liabilities Upon Dissolution. After determining that all known debts and liabilities of the Company, including all contingent, conditional or unmatured liabilities of the Company, in the process of winding-up, including, without limitation, debts and liabilities to the Member in the event it is a creditor of the Company to the extent otherwise permitted by law, have been paid or adequately provided for, the remaining assets shall be distributed in cash or in kind to the MemberMembers in accordance with their positive capital account balances, after taking into account income and loss allocations for the Company's taxable year during which liquidation occurs.

Appears in 1 contract

Samples: Dissolution Agreement

Order of Payment of Liabilities Upon Dissolution. After determining that all the known debts and liabilities of the Company, including all contingent, conditional or unmatured liabilities of the Company, Company in the process of winding-winding up, including, without limitation, debts and liabilities to the Member in the event it is a creditor Members who are creditors of the Company Company, including, but not limited to, the Callaway Golf Loan and loans to the extent otherwise permitted by lawMembers, have been paid or adequately provided for, the remaining assets shall be distributed in cash or in kind to the MemberMembers in accordance with Section 6.6.

Appears in 1 contract

Samples: Operating Agreement (Saint Andrews Golf Corp)

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