Property Distributions. If any property of the Company, other than cash, is distributed by the Company to a Member (in connection with the liquidation of the Company or otherwise), then the fair market value of such property shall be used for purposes of determining the amount of such distribution. The difference, if any, of such fair market value over (or under) the value at which such property is carried on the books of the Company shall be credited or charged to the Capital Accounts of the Members in accordance with the ratio in which the Members share in the gain and loss of the Company pursuant to Section 6.1 hereof. The fair market value of the property distributed shall be agreed to by the Members; provided that, if the Members cannot so agree, the issue shall be submitted to arbitration as provided in Article 14 hereof. If any such property is distributed other than in exchange for a Membership Interest, such property shall be distributed in the same manner as if it were Net Cash Flow.
Property Distributions. If any property of the Partnership, other than cash, is distributed by the Partnership to a Partner (in connection with the liquidation of the Partnership or otherwise), then the fair market value of such property shall be used for purposes of determining the amount of such distribution. The fair market value of the property distributed shall be agreed to by the Partners; provided that, if the Partners cannot so agree, the issue shall be submitted to arbitration as provided in Article 15 hereof.
Property Distributions. If the Company, at any time while the Warrants are outstanding, distributes to all holders of Common Stock for no consideration (i) evidences of its indebtedness, (ii) any security (other than a distribution of Common Stock covered by the preceding paragraph) or (iii) rights or warrants to subscribe for or purchase any security, or (iv) any other asset (in each case, “Distributed Property”), then, upon any exercise of this Warrant that occurs after the record date fixed for determination of stockholders entitled to receive such distribution, the Holder shall be entitled to receive, in addition to the Warrant Shares otherwise issuable upon such exercise (if applicable), the Distributed Property that such Holder would have been entitled to receive in respect of such number of Warrant Shares had the Holder been the record holder of such Warrant Shares immediately prior to such record date without regard to any limitation on exercise contained therein.
Property Distributions. If any assets of the Company shall be distributed in kind pursuant to this Article 7, such assets shall be distributed to the Members entitled thereto in the same proportions as the Members would have been entitled to cash Distributions. The amount by which the Fair Market Value of any property to be distributed in kind to the Members exceeds or is less than the Book Value of such property shall, to the extent not otherwise recognized by the Company, be taken into account in determining Net Profit and Net Loss and determining the Capital Accounts of the Members as if such property had been sold at its Fair Market Value immediately prior to the Distribution.
Property Distributions. If any property of the Company other than cash is distributed by the Company to a Member (in connection with the liquidation of the Company or otherwise), the fair market value of such property shall be used for purposes of determining the amount of such distribution. The difference, if any, of such fair market value over (or under) the value at which such property is carried on the books of the Company shall be credited or charged to the Capital Accounts of the Members in accordance with the ratio in which the Members share in the gain and loss of the Company pursuant to Section 5.1. The fair market value of the property distributed shall be agreed to by the Management Committee and the distributee Member in good faith. If any such property distribution is made other than in exchange for a Company Interest, such distribution shall be made in the same manner as Net Cash Flow is distributed.
Property Distributions. The Board may in its discretion distribute property other than cash, and such property shall be distributed in accordance with Section 5.01 as if such property were sold for cash. The distribution to a particular Member of property other than cash may exceed that Member's percentage Membership Interest of the property (determined as if the property were sold for cash and the cash distributed to the Members) only if approved by all of the Members.
Property Distributions. 8 TABLE OF CONTENTS Section Page 7.4 Distributions on Sale of an Assisted Living Facility............. 8
Property Distributions. The General Partner may authorize the distribution to the Partners of property other than cash. All such distributions shall be included in Net Ordinary Proceeds or Net Capital Proceeds, as the case may be, based upon the fair market value of such property at the time of distribution.
Property Distributions. If any property of the Partnership, other than cash, is distributed by the Partnership to a Partner (in connection with the liquidation of the Partnership or otherwise), the fair market value of such Property shall be used for purposes of determining the amount of such distribution. The difference, if any, of such fair market value over (or under) the value at which such property is carried on the books of the Partnership shall be credited or charged to the Capital Accounts of the Partners in accordance with the ratio in which the Partners share in the gain and loss of the Partnership pursuant to Sections 7.1 and 7.2. The fair market value of the property distributed shall be agreed to by the General Partner (Liquidating Trustee in the case of a liquidating distribution) and the distributee Partner in good faith. If any such property is distributed other than in exchange for a Partnership Interest, it shall be distributed in the same manner as a cash distribution.
Property Distributions. At the sole discretion of the Board of Directors, Odonate Holdings may make in-kind distributions of its property, including any publicly traded stock.
