Distribution of Assets by the Company. Subject to applicable law and any limitations contained elsewhere in this Agreement, Members holding a majority of the Membership Interests may elect from time to time to cause the Company to make distributions. Distributions shall be made to the Members in proportion to their Membership Interests.
Distribution of Assets by the Company. Subject to applicable law and any limitations contained elsewhere in this Agreement, the Manager may elect from time to time to distribute Distributable Cash to the Members, which distributions shall be in the following order of priority:
Distribution of Assets by the Company. Subject to applicable law and any limitations contained elsewhere in this Agreement, the Board (and only the Board) may elect from time to time to cause the Company to distribute Distributable Cash to the Members, which Distributions shall be in the following order of priority:
Distribution of Assets by the Company. Subject to applicable law ------------------------------------- and any limitations contained elsewhere in this Agreement, no distribution shall be made if, after giving effect to the distribution, (a) the Company would not be able to pay its debts as they become due in the usual course of business, or (b) the Company's total assets would be less than the sum of its total liabilities.
Distribution of Assets by the Company. In case the Company shall, at any time during the Exchange Period, declare or make any cash or other distribution to all holders of Common Stock (each, a "Company Distribution"), then, upon the exchange of each Share, the Buyer shall be required to also transfer back to the Company the amount of such cash or other assets as Buyer receives in the Company Distribution with respect to such Share.
Distribution of Assets by the Company. Subject to applicable law and any limitations contained elsewhere in this Agreement, in such amount and at such times as the Members shall determine by Super Majority Interest, the Members shall distribute from time to time Distributable Cash to the Members, which distributions will be in the following order of priority:
Distribution of Assets by the Company. The Managers will make distributions at such times as the Managers agree to the Members in such amounts as the Members from time to time agree. Subject to applicable law and any limitations contained elsewhere in this Agreement, the Managers may elect, from time to time, to distribute distributable cash to the Members, which distributions shall be made concurrently to the Members in proportion to their percentage interests. All distributions to the Members of their pro rata share of distributable cash or other property shall be made to the Members at the same time in proportion to their percentage interests. All such distributions shall be made only to the persons who, according to the books and records of the Company, are the holders of record of the membership interests in respect of which such distributions are made on the actual date of distribution. Neither the Company nor any Manager shall incur any liability for making distributions in accordance with this Section 6.02.
Distribution of Assets by the Company. (a) The Managing Member shall make distributions of Distributable Cash as soon as reasonably practicable after distributions in respect of the Bruin Purchaser Units that are received by the Company from Bruin Purchaser, and the Managing Member may make all other distributions of Distributable Cash at its discretion; provided, however, that the Managing Member shall not be entitled to any distributions with respect to its Class B Unit.
Distribution of Assets by the Company. Subject to applicable law and any limitations contained elsewhere in this Agreement, the Managers may elect in their discretion from time to time to distribute cash or property to the Members, except that no distribution shall be made if, after giving effect to the distribution: (a) the Company would not be able to pay its debts as they become due in the usual course of business; or (b) the Company's total assets would be less than the sum of its total liabilities plus, unless this Agreement provides otherwise, the amount that would be needed, if the Company were to be dissolved at the time of the distribution, to satisfy the preferential rights of other Members, if any, upon dissolution that are superior to the rights of the Member receiving the distribution.
Distribution of Assets by the Company. (a) Subject to any restrictions under applicable law, as promptly as practical after the end of each mid-year closing and fiscal year of the Company, but in any event within sixty (60) days after the end of each such period, the Company shall estimate the Company's Net Profits for such period and shall distribute to the Members 100% of the Company's estimated Net Profits for such period less the Net Profits for such period previously distributed by the Company. Other distributions, whether in cash or in kind, shall be made to the Members at such times and in such amounts as shall be determined by the Members Committee. The amount of any in-kind distribution shall be distributed on the basis of the property's then Fair Market Value (determined in accordance with Section 8.9 hereof).
