Requirement and Characterization of Distributions; Distributions to Record Holders. (a) Within 45 days following the end of each Quarter commencing with the Quarter ending on September 30, 2005, an amount equal to 100% of Available Cash with respect to such Quarter shall, subject to Section 17-607 of the Delaware Act, be distributed in accordance with this Article VI by the Partnership to the Partners as of the Record Date selected by the General Partner. All amounts of Available Cash distributed by the Partnership on any date from any source shall be deemed to be Operating Surplus until the sum of all amounts of Available Cash theretofore distributed by the Partnership to the Partners pursuant to Section 6.4 equals the Operating Surplus from the Closing Date through the close of the immediately preceding Quarter. Any remaining amounts of Available Cash distributed by the Partnership on such date shall, except as otherwise provided in Section 6.5, be deemed to be “Capital Surplus.” All distributions required to be made under this Agreement shall be made subject to Section 17-607 of the Delaware Act.
Requirement and Characterization of Distributions; Distributions to Record Holders. (a) Within 45 days following the end of each Quarter, an amount equal to 100% of Available Cash with respect to such Quarter shall, subject to Section 17-607 of the Delaware Act, be distributed in accordance with this Article VI, by the Partnership to the Partners as of the Record Date selected by the General Partner. All distributions required to be made under this Agreement shall be made subject to Section 17-607 of the Delaware Act.
Requirement and Characterization of Distributions; Distributions to Record Holders. (a) Within 45 days following the end of each Quarter, an amount equal to 100% of Available Cash with respect to such Quarter shall be distributed in accordance with Section 5.12 and this Article VI by the Partnership to the Partners, Pro Rata, as of the Record Date selected by the General Partner. Notwithstanding any provision to the contrary contained in this Agreement, the Partnership shall not make a distribution to any Partner on account of its interest in the US-DOCS\91120841.12 Partnership if such distribution would violate the Delaware Act or any other applicable law. Notwithstanding any other provision of this Agreement, all distributions required to be made under this Agreement shall be made subject to Sections 17-607 and 17-804 of the Delaware Act. For the avoidance of doubt, the General Partner Units shall not be entitled to distributions made pursuant to this Section 6.3(a).
Requirement and Characterization of Distributions; Distributions to Record Holders. (a) Subject to Article XVI, The General Partner, in its sole discretion, may authorize distributions in cash or in kind by the Partnership to the Partners, which distributions shall be made in accordance with Article XVI and, in respect of any series of Units, Pro Rata in accordance with the Partners’ respective Percentage Interests.
Requirement and Characterization of Distributions; Distributions to Record Holders. (a) The General Partner, in its sole discretion, may authorize distributions by the Partnership to the Partners, which distributions shall be made Pro Rata in accordance with the Partners’ respective Percentage Interests.
Requirement and Characterization of Distributions; Distributions to Record Holders. (a) Within 45 days following the end of each Quarter, an amount equal to 100% of Available Cash with respect to such Quarter shall, subject to Section 51 of the Xxxxxxxx Islands Act, be distributed in accordance with this Article VI by the Partnership to the Partners as of the Record Date selected by the Board of Directors, except the holders of Class B Units shall not be entitled to distributions of Available Cash with respect to such Class B Units prior to the conversion of such Class B Units into Common Units pursuant Section 5.9(c). Notwithstanding any provision to the contrary contained in this Agreement, the Partnership shall not make a distribution to any Partner on account of its interest in the Partnership if such distribution would violate the Xxxxxxxx Islands Act or any other applicable law. This Section 6.2(a) shall not apply to Preference Units.
Requirement and Characterization of Distributions; Distributions to Record Holders. (a) Subject to Section 5.11(b)(i), within 45 days following the end of each Quarter, an amount equal to 100% of Available Cash with respect to such Quarter shall be distributed in accordance with this Article VI by the Partnership to the Partners Pro Rata as of the Record Date selected by the General Partner, except (i) the holders of Class B-1 Units shall not be entitled to distributions of Available Cash prior to the earlier to occur of the Class B-1 Conversion Date or a Change of Control, (ii) the holders of Class B-2 Units shall not be entitled to distributions of Available Cash prior to the earlier to occur of the Class B-2 Conversion Date or a Change of Control and (iii) the holders of Class B-3 Units shall not be entitled to distributions of Available Cash prior to the earlier to occur of the Class B-3 Conversion Date or a Change of Control. For the avoidance of doubt, (A) the Class B-1 Units will be entitled to distributions of Available Cash with respect to the Quarter ending Xxxxx 00, 0000, (X) the Class B-2 Units will be entitled to distributions of Available Cash with respect to the Quarter ending March 31, 2022 and (C) the Class B-3 Units will be entitled to distributions of Available Cash with respect to the quarter ending March 31, 2023. All distributions required to be made under this Agreement shall be made subject to Sections 17-607 and 17-804 of the Delaware Act.
Requirement and Characterization of Distributions; Distributions to Record Holders. (a) Subject to Section 5.11(c)(i), within 45 days following the end of each Quarter, an amount equal to 100% of Available Cash with respect to such Quarter shall, subject to Section 51 of the Mxxxxxxx Islands Act, be distributed in accordance with this Article VI by the Partnership as follows (with all Percentage Interests determined as of the Record Date selected by the Board of Directors):
Requirement and Characterization of Distributions; Distributions to Record Holders. 62 Section 6.4 Reserved 62 Section 6.5 Reserved 62 Section 6.6 Reserved 62 Section 6.7 Reserved 62 Section 6.8 Reserved 62 Section 6.9 Reserved 62 Section 6.10 Reserved 62 Section 6.11 Special Distributions in Consideration of Contributions by Partners 62 Article VII MANAGEMENT AND OPERATION OF BUSINESS Section 7.1 Management 63 Section 7.2 Certificate of Limited Partnership 65 Section 7.3 Restrictions on the General Partner’s Authority to Sell Assets of the Partnership Group 65 Section 7.4 Reimbursement of and Other Payments to the General Partner 66 Section 7.5 Outside Activities 67 Section 7.6 Loans from the General Partner; Loans or Contributions from the Partnership or Group Members 68 Section 7.7 Indemnification 69 Section 7.8 Liability of Indemnitees 70 Section 7.9 Resolution of Conflicts of Interest; Standards of Conduct and Modification of Duties 71 Section 7.10 Other Matters Concerning the General Partner and Other Indemnitees 73 Section 7.11 Purchase or Sale of Partnership Interests 74 Section 7.12 Registration Rights of the General Partner and its Affiliates 74 Section 7.13 Reliance by Third Parties 78 Article VIII BOOKS, RECORDS, ACCOUNTING AND REPORTS Section 8.1 Records and Accounting 79 Section 8.2 Fiscal Year 79 Section 8.3 Reports 79 Article IX TAX MATTERS Section 9.1 Tax Returns and Information 80 Section 9.2 Tax Elections 80 Section 9.3 Tax Controversies 81
Requirement and Characterization of Distributions; Distributions to Record Holders. Notwithstanding Section 6.3(b) of the Partnership Agreement, but subject to Sections 17-607 and 17-804 of the Delaware Act, the General Partner may cause the Partnership to make special distributions of cash or cash equivalents in connection with contributions of assets by Partners or by Persons who shall become Partners by virtue of such contribution if such special distributions and contributions are the result of an arm’s length transaction between the parties. Such distributions shall not be subject to, or considered as distributions under, (a) Paragraph 6(b) of this Supplemental Terms Annex and (b) Section 6.1(d)(iii) and the third and fourth sentences of Section 6.3(a), Section 6.4 or Section 6.5 of the Partnership Agreement. Notwithstanding anything to the contrary set forth in this Agreement (including Section 6.1(d)(iii)), no Partner shall receive an allocation of income (including gross income) or gain as a result of receiving a distribution provided for in this Paragraph 21.