Preference Return Sample Clauses

Preference Return. Westinghouse acknowledges that it received a ----------------- preference in the amount of $363,060 (the "Preference Amount") which shall be recovered as set forth in paragraph 5 below. The NTC Allowed Claim shall be increased by the Preference Amount. Westinghouse shall fund repayment of the Preference Amount solely from the proceeds of the liquidation of the collateral held by it as set forth in paragraph 5 below. The preference recovery has been taken into account in determining the amount of the Allowed Claims in paragraph 1 by increasing the NTC Allowed Claim, but not the Bent▇▇ ▇▇▇owed Claim.

Preference Return. In the case of Partners, a preference return on the respective Accumulated Capital Bases of the Partners computed at a rate of 7.72% per annum, compounded monthly to equal an annual rate of 8.0%; and in the case of Tenant, a preference return on the Tenant Advances remaining unpaid from time to time computed at a rate of 7.72% per annum, compounded monthly to equal an annual rate of 8% (such monthly compounding will be effected on the last day of each calendar month in arrears).

Preference Return. (i) Holders of Preferred Units are entitled to receive, when, as and if authorized by the Managing Member, and declared by the Company, out of funds legally available for payment of distributions, cumulative preferential cash distributions at an annual rate equal to the applicable Preference Return for such period applied to the applicable Base Preference Amount for such period. Such distributions shall accumulate on a daily basis. (ii) No distributions on Preferred Units shall be authorized by the Managing Member or paid or set apart for payment by the Company at any time when the terms and provisions of any agreement of the Company, including any agreement relating to any indebtedness of the Company, prohibits such authorization, payment or setting apart for payment thereof or provides that the authorization, payment or setting apart for payment thereof would constitute a breach of the agreement or a default under the agreement, or if the authorization, payment or setting apart for payment shall be restricted or prohibited by law, or if the Company is insolvent or would be made insolvent by making such distribution or payment. (iii) Notwithstanding anything to the contrary contained herein, distributions on the Preferred Units will accumulate whether or not the terms and provisions of any laws or agreements referred to in this Section 4.9(b)(iii) hereof at any time prohibit the current payment of distributions, whether or not the Company has earnings, whether or not there are funds legally available for the payment of such distributions and whether or not such distributions are authorized or declared. No interest, or sum in lieu of interest, will be payable in respect of any distribution on the Preferred Units which may be in arrears, and holders of the Preferred Units will not be entitled to any distributions in excess of full cumulative distributions described in Section 4.9(b)(i) hereof (other than pursuant to Section 5.2(a)(ii) upon a liquidation or winding up of the Company or upon a Deemed Liquidation). Any distribution made on the Preferred Units will first be credited against the earliest accumulated but unpaid distribution due with respect to the Preferred Units.