Net Capital Transaction Proceeds definition

Net Capital Transaction Proceeds means the cash, notes, equity interests and any other consideration derived from the sale or other disposition of all or a portion of the Partnership’s assets.

Net Capital Transaction Proceeds means the proceeds from (a) any financing or refinancing of the Property or any part thereof and (b) any sale, disposition, taking or loss of any direct or indirect interest in the Property or any part thereof, or all of the Membership Interests (but not part thereof) or any other interest therein, less payment of all costs and other expenses related thereto, any amounts expended to repair or replace any part of the Property taken or destroyed, all Company Costs and Expenses and all other obligations of the Company and/or the Operating Company then due. Without limiting the generality of the foregoing, proceeds shall include but not be limited to the proceeds from any eminent domain proceeding or conveyance in lieu thereof or from title insurance or casualty insurance, other than rental income insurance.

Net Capital Transaction Proceeds means the proceeds from any Capital Transaction less all Net Capital Transaction Costs paid in connection therewith.

Examples of Net Capital Transaction Proceeds in a sentence

• Available Cash and Net Capital Transaction Proceeds distributed in Dissolution of the LLC shall be distributed by the Administrative Member in accordance with Section 11.4 of this Agreement.

• The Members shall continue to allocate Profits and Losses and distribute Available Cash and Net Capital Transaction Proceeds during the winding-up period in the same manner and the same priorities as provided for in Articles 4 and 5 hereof.

• The Company shall distribute, when determined by the Manager in its sole and absolute discretion, the Net Capital Transaction Proceeds to the Members as follows: (a)First, 70% pro rata to the Class A Members in proportion to the Class A Percentage Interests and 30% to the Class B Member until each Class A Member’s Unrecovered Investment has been reduced to zero (-0); and (b)Second, 50% pro rata to the Class A Members in proportion to the Class A Percentage Interests and 50% to the Class B Member.

• Appraisals have been a key feature of discussion at Trust Management Executive and all Divisions have a planned trajectory to uplift to the target figure.

• Buyer and Seller expressly agree that the amount of the Agreed Fair Market Value to be used in calculating the Net Capital Transaction Proceeds to be distributed to Seller shall: (i) be reduced by amounts owed under the Mortgage Loans as of the Closing Date (i.e., outstanding principal plus accrued and unpaid interest through and including the day immediately preceding the Closing Date) and (ii) reduced or increased, as the case may be, by prorations made pursuant to Article 2(d).

More Definitions of Net Capital Transaction Proceeds

Net Capital Transaction Proceeds means any and all proceeds (whether in the form of cash or property) received by the Company from a Capital Transaction, reduced by expenses incurred by the Company in connection with such Capital Transaction, liabilities of the Company which are repaid out of the proceeds from such Capital Transaction, and such reserves as the Managing Member may determine to be necessary for the needs of the Company.

Net Capital Transaction Proceeds means the net cash proceeds resulting from the refinance, sale, disposition, exchange, transfer of all or any portion of Company Property, less any portion thereof used to establish reserves for all Company expenditures (including fees described herein, specifically those set forth in Section 4.8 below, due the Manager or Affiliates) and contingencies (which reserves and contingencies shall be determined in the sole and absolute discretion of the Manager), and less any non-cash proceeds that may not, for any reason, yet be distributable, all as determined by the Manager in its sole discretion.

Net Capital Transaction Proceeds mean the proceeds from (a) any financing or refinancing of the Properties or any part thereof (but not including the BOT Loan or the GMAC Loan), and (b) any sale or disposition not in the ordinary course, taking or loss (including, but not limited to, the proceeds from any eminent domain proceeding or conveyance in lieu thereof or from title insurance or casualty insurance, other than rental income insurance) of the Properties or any part thereof that in accordance with GAAP are considered capital in nature, less payment of all costs and other expenses related thereto, any amounts expended to repair or replace any part of the Properties taken or destroyed, any reserves required by the Loan Documents or approved by the Partners as a Major Decision pursuant to Section 7 and any loans, debts or other obligations of the Partnership.

Net Capital Transaction Proceeds means (a) the net proceeds from any Capital Transaction (including, but not limited to, the proceeds from any eminent domain proceeding or conveyance in lieu thereof or from title insurance or casualty insurance), less (b)(i) payment of all costs and other expenses of the Company or any Subsidiary related thereto (including, but not limited to, the satisfaction of any debt secured by the applicable Property) and (ii) the establishment of reasonable reserves by the Managing Member or the Executive Committee pertaining to the Capital Transaction. Without limited the foregoing, any distribution made by any Subsidiary directly to the Duke Member or the CBRE Member in connection with a Capital Transaction shall be deemed a distribution made by the Company.

Net Capital Transaction Proceeds as defined in Section 8.3.

Net Capital Transaction Proceeds means the proceeds from (a) any financing or refinancing of the Property or any part thereof and (b) any sale, disposition, taking or loss (including, but not limited to, the proceeds from any eminent domain proceeding or conveyance in lieu thereof or from title insurance or casualty insurance, other than rental income insurance) of the Property or any part thereof, less payment of all costs and other expenses related thereto, any amounts expended to repair or replace any part of the Property taken or destroyed, all Partnership Costs and Expenses and all other obligations of the Partnership then due.

Net Capital Transaction Proceeds mean the proceeds from (a) any financing or refinancing of the Properties or any part thereof, and (b) any sale or disposition not in the ordinary course, taking or loss (including, but not limited to the proceeds from any eminent domain proceeding or conveyance in lieu thereof or from title insurance or casualty insurance, other than rental income insurance) of the Properties or any part thereof that in accordance with generally accepted accounting principles are considered capital in nature, less payment of all costs and other expenses related thereto, any amounts expended to repair or replace any part of the Properties taken or destroyed, any reserves and any loans, debts or other obligations of the Partnership.