Complete Distribution Sample Clauses

Complete Distribution. The distribution to a Member in accordance with the provisions of Section 10.2 constitutes a complete return to the Member of its Capital Contributions and a complete distribution to the Member of its interest in the Company and all the Company’s property and constitutes a compromise to which all Members have consented within the meaning of the Act. If a Member returns funds to the Company and such funds exceed such Member’s pro rata share of all funds required to be returned to the Company, then such Member shall have a claim against the other Members for an amount equal to such excess. Each other Member shall be liable for a pro rata portion of such excess equal to the amount such Member would have paid had the amount paid by the Member seeking recovery been recovered from all Members pro rata based on the relative amount of funds to be returned by each such Member.
AutoNDA by SimpleDocs
Complete Distribution. The distribution to a Unitholder in accordance with the provisions of Section 10.2 constitutes a complete return to the Unitholder of its Capital Contributions and a complete distribution to the Unitholder of its interest in the Company and all the Company’s property and constitutes a compromise to which all Unitholders have consented within the meaning of the Act.
Complete Distribution. The distribution of cash and/or property to a Member in accordance with the provisions of this Section 10.2 constitutes a complete distribution to the Member with respect to the Member’s Membership Interest and the Member’s interest in the Company’s property.
Complete Distribution. The distribution to a Member in accordance with the provisions of Section 11.2 constitutes a complete return to the Member of its Capital Contributions and a complete distribution to the Member of its interest in the Company and all the Company’s property.
Complete Distribution. Subject to compliance with Section 4.6, the distribution to a Limited Partner in accordance with the provisions of Section 10.2 constitutes a complete return to the Limited Partner of its Capital Contributions and a complete distribution to the Limited Partner of its interest in the Partnership and all the Partnership’s property and constitutes a compromise to which all Limited Partners have consented within the meaning of the Delaware Act. If a Limited Partner returns funds to the Partnership pursuant to any provision of this Agreement or the Delaware Act and such funds exceed such Limited Partner’s pro rata share of all funds required to be returned to the Partnership (an “Over-Returning Limited Partner”), then the Partnership and the Over-Returning Limited Partner shall have a claim against each Limited Partner that has received and retained Distributions from the Partnership in excess of the amounts to which such Limited Partner is entitled pursuant to this Agreement or the Delaware Act (each, an “Over-Distributed Limited Partner,” with any excess retained thereby being such Limited Partner’s “Excess Retained Funds”) for the return to the Partnership, and the application thereby in settlement among all Over-Returning Limited Partners, of an amount equal to the Over-Distributed Limited Partner’s Excess Retained Funds. For the avoidance of doubt, the liability of each Over-Distributed Limited Partner with respect to any such claim shall be several and not joint and shall be limited to the Excess Retained Funds of such Over-Distributed Limited Partner.
Complete Distribution. The distribution of cash or property to a Member in accordance with the provisions of this Section 10.2 constitutes a complete return to the Member of its Capital Contributions and a complete distribution to the Member of its Membership Interest and all the Company's property and constitutes a compromise to which all Members have consented pursuant to Section 18-502(b) of the Act. To the extent that a Member returns funds to the Company, it has no claim against any other Member for those funds.
Complete Distribution. Distribution of the Company Property to the --------------------- Members in accordance with the provisions of Section 13.3 shall constitute a complete return to the Members of their respective Capital Contributions. If such distributions are insufficient to return to any Member the full amount of its Capital Contribution, such Member shall have no recourse against the Company or any other Member.
AutoNDA by SimpleDocs
Complete Distribution. Distribution of the Partnership Property to the Partners in accordance with the provisions of section 13.5 shall constitute a complete return to the Partners of their respective capital contributions. If such distributions are insufficient to return to a Partner the full amount of it's capital contribution, it shall have no recourse against the Partnership or the other Partners, except as otherwise provided in section 4.7.
Complete Distribution. Distribution of the Joint Venture properties to the Venturers in accordance with the provisions of this Article XI shall constitute a complete return to the Venturers of their respective Capital Contributions. If such distributions are insufficient to return to any Venturer the full amount of its Capital Contribution, it shall have no recourse against the Joint Venture or any other Venturer.
Complete Distribution. The distribution to a Member in accordance with the provisions of Section 9.2 constitutes a complete return to the Member of its Capital Contributions and a complete distribution to the Member of its interest in the Company and all the Company’s property and constitutes a compromise to which all Members have consented within the meaning of the Delaware Act. If a Member returns funds to the Company pursuant to any provision of this Agreement or the Delaware Act and such funds exceed such Member’s pro rata share of all funds required to be returned to the Company (an “Over-Returning Member”), then the Company and the Over-Returning Member shall have a claim against each Member that has received and retained Distributions from the Company in excess of the amounts to which such Member is entitled pursuant to this Agreement or the Delaware Act (each, an “Over-Distributed Member” with any excess retained thereby being such Member’s “Excess Retained Funds”) for the return to the Company, and the application thereby in settlement among all Over-Returning Members, of an amount equal to the Over-Distributed Member’s Excess Retained Funds. For the avoidance of doubt, the liability of each Over-Distributed Member with respect to any such claim shall be several and not joint and shall be limited to the Excess Retained Funds of such Over-Distributed Member.
Time is Money Join Law Insider Premium to draft better contracts faster.