Distributions to Members. Section 9.1
Distributions to Members. To the extent available after meeting the financial obligations of the Company, and after providing any necessary reserves as determined by the Manager, the Company shall distribute cash and other assets to the Member in a manner determined by the Manager, at such times and on such terms and conditions as deemed appropriate by the Manager.
Distributions to Members. On the date (as determined by the Managing Member) when the Credit Agreement has been finally terminated and repaid and any and all security interests of the Lender over the Preferred Equity Account and All Other Accounts have been released and all other obligations of the Company due or to become due thereafter have been paid or provided for, the Managing Member, after consulting with the Preferred Equity Member, may or may cause the Company, with respect to each Asset that is not cash (“Non-Cash Asset”) that is standing in the Preferred Equity Account and All Other Accounts, to, at the election of the Managing Member, either (1) in the event the Preferred Equity Member does not consent to a transfer in kind pursuant to clause (2), liquidate such Non-Cash Asset to cash, including where necessary to provide for the cash distribution to the Managing Member in respect of clause (b) below, or (2) with the consent of the Preferred Equity Member, transfer in kind such Non-Cash Asset to the Preferred Equity Member or any designee thereof (the total value of such Non-Cash Assets transferred in kind from All Other Accounts under this clause (2) the “Other Accounts In-Kind Value”). In the event of an in-kind transfer of a Non-Cash Asset pursuant to clause (2), the Preferred Equity Member shall cooperate with the Managing Member to promptly effectuate such transfer. Immediately following all such liquidations and transfers under this paragraph:
Distributions to Members. Except as otherwise provided in Section 5.3 and Article 14, the Board of Directors may, in its sole discretion and at any time, declare and pay distributions with respect to the LLC Interests to the Members, as of any record date established by the Board of Directors with respect to such distributions, from Cash Available for Distribution to all Members in proportion to their Percentage Interests.
Distributions to Members. On the date (as determined by the Managing Member) when the Credit Agreement has been finally terminated and repaid and any and all security interests of the Lender over the Preferred Equity Account and All Other Accounts have been released and all other obligations of the Company due or to become due thereafter have been paid or provided for, the Managing Member shall or shall cause the Company to effect a liquidation to cash of any non-cash Assets standing to the balance of the Preferred Equity Account and All Other Accounts , and immediately following such liquidation:
Distributions to Members. After determining that all known debts and liabilities of the Company in the process of winding-up, including, but not limited to, debts and liabilities to Members that are creditors of the Company, have been paid or adequately provided for, the remaining assets shall be distributed to the Members 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. Such liquidating distributions shall be made by the end of the Company's taxable year in which the Company is liquidated, or, if later, within ninety (90) days after the date of such liquidation.
Distributions to Members. Distributions (in cash or in kind) shall be made by the Company to the Members in such amounts and at such times as the Members shall determine. All distributions shall be made in accordance with the Percentage Interests of the Members (except for distributions upon the dissolution and winding up of the Company which shall be made in the manner hereinafter provided).
Distributions to Members. The Company shall not directly or indirectly declare or pay any dividend or make any payments, distributions or retirements of patronage capital to members (each a "Distribution") if, at the time thereof or after giving effect thereto, (i) an Event of Default shall exist, or (ii) the Company's patronage capital (determined in accordance with Accounting Requirements) as of the end of the Company's most recent fiscal quarter would be less than twenty percent (20%) of the Company's total long-term debt and patronage capital (determined in accordance with Accounting Requirements) at such time. Notwithstanding the foregoing and so long as no Event of Default shall exist, the Company may declare and make Distributions each fiscal year as long as the aggregate Distributions for such fiscal year is equal to or less than five percent (5%) of the Company's patronage capital (determined in accordance with Accounting Requirements) as of the end of the immediately preceding fiscal year. For purposes of this Section, determination of patronage capital and total long-term debt and patronage capital shall not include any amount on account of earnings retained in any Subsidiary or Affiliate of the Company and any such determination of total long-term debt and patronage capital shall exclude the debt of any Subsidiary or Affiliate.
Distributions to Members. Except upon liquidation, all distributions of cash or property of the Company to the Members shall be made in accordance with their Interests.
Distributions to Members. After paying liabilities owed to non-Member creditors and establishing reserves, the Manager shall satisfy any debts owed to the Members with any remaining net assets of the Company, and then distribute any remaining assets to the Members in proportion to their positive Capital Account balances.
