Company Distributions. In the event the Company has assets not associated with a Series that the Manager determines are not necessary to satisfy current or anticipated liabilities of the Company, the Manager may, in its sole discretion, distribute any or all such assets to the Member.
Company Distributions. The Company will not declare or pay any dividends or make any distributions on its Capital Stock (other than dividends payable in its own common stock) or redeem, repurchase or otherwise acquire or retire any of its Capital Stock at any time outstanding, except that the Company may declare and pay dividends on its Capital Stock provided that no Default or Event of Default shall exist before or after giving effect to such dividends or be created as a result thereof.
Company Distributions. The Company shall, with respect to each calendar month, distribute to the Members the Net Cash Flow for such month. Subject to the other provisions of this Section 4.8, and except as otherwise provided by Article XI, any such distributions shall be paid to the Members pro rata in accordance with their Proportionate Shares. To the extent that any taxes or withholding taxes are due on behalf of or with respect to any Member and the Company is required by law to withhold or to make such tax payments ("Tax Payments"), the Company shall withhold such amounts and make such Tax Payments as so required. Each Tax Payment made on behalf of or with respect to a Member (but not any Tax Payment made by or required to be withheld by a Subsidiary with respect to income allocable to or distributions to be made to the Company) shall be deemed a distribution of Net Cash Flow (and shall reduce distributions of Net Cash Flow that are made concurrently or thereafter to such Member), and any such deemed distribution shall be deemed to have been paid to the Member on the earlier of the date when the corresponding Tax Payment is made by the Company or the date that the distributions, if any, giving rise to the obligation to make such Tax Payment were made. The Company is hereby directed to deduct the amount of any Default Loans that are due and payable from any distributions to be made to a Defaulting Member pursuant to this Section 4.8 and pay such amounts to the appropriate Non-Defaulting Members (and such deducted amounts shall be deemed to be distributions made to such Defaulting Member). In the event that the Company pays any principal, interest or other amount in respect of the Retained Debt at the request of GGPLP (which the Company shall be obligated to do to the extent of GGPLP's share of Company distributions that are then due and payable), the Company shall deduct the amount of such principal, interest or other payment from any distributions to be made to GGPLP pursuant to this Section 4.8 (and such deducted amounts shall be deemed to be distributions made to GGPLP). Notwithstanding anything to the contrary contained herein, no distribution of Net Cash Flow shall be made hereunder if such distribution would cause the Company to breach any covenant contained in, or be in default under, any agreement binding upon the Company.
Company Distributions. With respect to Restricted Units, Executive shall not be entitled to, and shall not, receive any Company Distributions. With respect to Earned Units and Vested Units, Executive shall be entitled to receive a share of (i) Company Distributions, as provided in Section 4.1(b) of the LLC Agreement, and (ii) any “liquidating distributions,” as provided in Section 10.3(c) of the LLC Agreement. Company Distributions and any “liquidating distributions,” to the extent payable to Executive with respect to an Earned Unit or Vested Unit, shall be paid to Executive at the same time that such Company Distributions or “liquidating distributions” are paid to holders of Class A Units.
Company Distributions. Each of UTCG and Xxxxx acknowledges and agrees that, from and after the Closing Date, UTCG shall not be entitled to any further distributions or other amounts from the Company or otherwise in respect of its ownership interest therein. Each of IDT and the Company acknowledges and agrees that, from and after the Closing Date, the Company shall not be entitled to any further distributions or other amounts from UTA DR or EGB or otherwise in respect of its ownership interests therein (other than in respect of the EGB Retained Interest).
Company Distributions. Except as disclosed in the Registration Statement, the General Disclosure Package and the Prospectus, the Company is not a party to or otherwise bound by any instrument or agreements that limits or prohibits (whether with or without the giving of notice or the passage of time or both), directly or indirectly, the Company from paying any dividends or making other distributions on its capital stock.
Company Distributions. No distributions by the Company to the Managing Member of the Company in its capacity as a member of the Company shall in any way reduce the compensation or reimbursements to which Manager is entitled under this Agreement in its capacity as Manager of the Restaurant.
Company Distributions. If prior to the final distribution of the Escrow Property (as defined below) pursuant to Section 1.3 of this Agreement the Company effects any split, combination or reclassification of its Voting Common Stock or Non-Voting Common Stock, or declares or pays any dividend or other distribution payable to the holders of its Voting Common Stock or Non-Voting Common Stock in additional shares of Voting Common Stock, Non-Voting Common Stock, other securities or other property other than cash dividends ("Non-Cash Distributions"), or any cash dividends ("Cash Distributions" and, together with Non-Cash Distributions, "Distributions"), then the Escrow Agent shall hold, deliver and transfer any such Distributions in accordance with the terms of this Agreement. The Remaining Shares, the Private Purchase Shares (if any), the Open Market Shares (if any), the Tendered Shares (if any) and any such Distributions are hereinafter referred to as the "Escrow Property."
Company Distributions. All losses, credits, deductions and distributions (whether in cash or otherwise) of the Company.
Company Distributions. 5.1 The Company shall retain its operating profits to meet ongoing capital needs and to fund anticipated growth until such time or times as the Board of Directors or shareholders determine to make dividends or other distributions to ADFlex and Hana on account of their share ownership in the Company.
