Distribution of Earnings Sample Clauses

Distribution of Earnings. (a) Republic and the Republic Subsidiaries hereby acknowledge that, prior to the Closing Date, the Conveyed Entities declared and paid to the Shareholders dividends and/or distributions (the "Tax Dividends") to be used by the Shareholders exclusively to satisfy their respective Tax liabilities attributable to their status as shareholders or partners of the Conveyed Entities for the period beginning January 1, 1996 and ending on the Closing Date (the "1996 Pre-Closing Period"). To the extent the Income Taxes for the 1996 Pre- Closing Period, as estimated by the Shareholders and provided in writing to Republic one (1) day prior to the Closing Date, exceed the Tax Dividends paid (such excess, the "Estimated Excess Tax Amount"), Republic shall issue to the Shareholders, on the Closing Date, that number of shares (the "Tax Shares") of Republic Common Stock having a value (based on the per share price of Republic Common Stock utilized to determine the Aggregate Consideration) equal to the Estimated Excess Tax Amount; provided that the value (based on the per share price of Republic Common Stock utilized to determine the Aggregate Consideration) of the Tax Shares shall not exceed $15,000,000 in the aggregate.
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Distribution of Earnings. It will ensure that all gross Earnings and other payments to the Borrowers deriving from the Vessels (excluding any commissions under any Vessel Employment Contracts or management fees under Management Agreements and/or Pool Agreements approved by the Lenders) shall be paid directly from the relevant charterer or pool manager to the Borrowers' accounts with the Agent.
Distribution of Earnings. Except as hereinafter provided, the Shipowner shall not make any distribution of earnings, except as may be permitted by Subsections (1) or (2) below:
Distribution of Earnings. 6.1 Managers shall deduct from the Net Pool Earnings the following amounts prior to distribution to the Owners:
Distribution of Earnings. All amounts earned on the Escrowed Funds (by ------------------------ way of interest, dividends or otherwise) shall not be distributed except as provided in Section 6 and shall be held by the Escrow Agent under the terms of this Agreement and shall be considered as part of the Escrowed Funds.
Distribution of Earnings. Holders of Common Units shall be entitled to receive ratably on a per Unit basis a distribution of earnings as may be declared by the Managers.
Distribution of Earnings. Once the financial information has been approved by a shareholders' meeting, at least five percent shall be deducted from the net profits each year for the legal reserve until said reserve equals twenty percent of the capital stock. The remaining profits may be distributed as dividends to the shareholders, kept in the company as retained earnings or disposed of as determined by a vote of the shareholders. The shareholders' meeting or, failing that, the Board of Directors, shall set the date on which the declared dividends shall be paid out. The dividends shall be paid to the shareholders recorded in the book of registered shareholders on the date set for the dividend payment. Those dividends not collected within five years of the announced payment date shall be deemed to be waived and transferred to the company.
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Distribution of Earnings. If at the end of a financial year a net surplus remains after deduction of operating expenses and other charges, including depreciation and provisions and after deduction of losses that may have been recorded in previous financial years, such profit shall be credited to each member that belonged to the Group during such financial year, in proportion to the number of votes set forth in Article 7.1. The same shall apply in the event of any deficits.

Related to Distribution of Earnings

  • Application of Earnings The Borrower undertakes with the Lenders to procure that money from time to time credited to, or for the time being standing to the credit of, an Earnings Account shall, unless and until an Event of Default or Potential Event of Default shall have occurred (whereupon the provisions of Clause 17.1 shall be and become applicable), be available for application in the following manner:

  • Distribution of Excess Contributions If the Advisory Committee determines the Plan fails to satisfy the ADP test for a Plan Year, it must distribute the excess contributions, as adjusted for allocable income, during the next Plan Year. However, the Employer will incur an excise tax equal to 10% of the amount of excess contributions for a Plan Year not distributed to the appropriate Highly Compensated Employees during the first 2 1/2 months of that next Plan Year. The excess contributions are the amount of deferral contributions made by the Highly Compensated Employees which causes the Plan to fail to satisfy the ADP test. The Advisory Committee will distribute to each Highly Compensated Employee his respective share of the excess contributions. The Advisory Committee will determine the respective shares of excess contributions by starting with the Highly Compensated Employee(s) who has the greatest ADP, reducing his ADP (but not below the next highest ADP), then, if necessary, reducing the ADP of the Highly Compensated Employee(s) at the next highest ADP level (including the ADP of the Highly Compensated Employee(s) whose ADP the Advisory Committee already has reduced), and continuing in this manner until the average ADP for the Highly Compensated Group satisfies the ADP test. If the Highly Compensated Employee is part of an aggregated family group, the Advisory Committee, in accordance with the applicable Treasury regulations, will determine each aggregated family member's allocable share of the excess contributions assigned to the family unit.

  • DISTRIBUTION OF EXCESS AGGREGATE CONTRIBUTIONS The Advisory Committee will determine excess aggregate contributions after determining excess deferrals under Section 14.07 and excess contributions under Section 14.08. If the Advisory Committee determines the Plan fails to satisfy the ACP test for a Plan Year, it must distribute the excess aggregate contributions, as adjusted for allocable income, during the next Plan Year. However, the Employer will incur an excise tax equal to 10% of the amount of excess aggregate contributions for a Plan Year not distributed to the appropriate Highly Compensated Employees during the first 2 1/2 months of that next Plan Year. The excess aggregate contributions are the amount of aggregate contributions allocated on behalf of the Highly Compensated Employees which causes the Plan to fail to satisfy the ACP test. The Advisory Committee will distribute to each Highly Compensated Employee his respective share of the excess aggregate contributions. The Advisory Committee will determine the respective shares of excess aggregate contributions by starting with the Highly Compensated Employee(s) who has the greatest contribution percentage, reducing his contribution percentage (but not below the next highest contribution percentage), then, if necessary, reducing the contribution percentage of the Highly Compensated Employee(s) at the next highest contribution percentage level (including the contribution percentage of the Highly Compensated Employee(s) whose contribution percentage the Advisory Committee already has reduced), and continuing in this manner until the ACP for the Highly Compensated Group satisfies the ACP test. If the Highly Compensated Employee is part of an aggregated family group, the Advisory Committee, in accordance with the applicable Treasury regulations, will determine each aggregated family member's allocable share of the excess aggregate contributions assigned to the family unit.

  • Payment of Earnings The Borrower undertakes with each Creditor Party to ensure that throughout the Security Period (subject only to provisions of the relevant General Assignment), all the Earnings of each Ship are paid to the Earnings Account for that Ship.

  • Sharing of Earnings The Borrower shall procure that no Owner shall:

  • Distribution Limitation Notwithstanding any other provision in this Article 5, the General Partner shall have the power, in its reasonable discretion, to adjust the distributions to the Special Limited Partner to the extent necessary to avoid violations of the “2%/25% Guidelines” as described in the Advisory Agreement.

  • Cash Flow Distributions The Cash Flow of the Company, if any, shall be distributed to the Member subject to any limitations on the Company’s ability to make distributions imposed by the Company’s lenders or by applicable law.

  • Distribution of Net Cash Flow Net Cash Flow shall be distributed among the Partners in accordance with their Partnership Percentages at such times and in such amounts as shall be determined by the General Partner.

  • Distributions, Etc Upon the dissolution, winding up, liquidation or reorganization of the Tenant, whether in bankruptcy, insolvency or receivership proceedings or upon an assignment for the benefit of creditors or any other marshalling of the assets and liabilities of the Tenant, if any sum shall be paid or any property shall be distributed upon or with respect to any of the Pledged Collateral, such sum shall be paid over to the Secured Parties, to be held as collateral security for the Secured Obligations. If any dividend shall be declared on any of the Pledged Collateral (excluding cash dividends), or any share of beneficial interest or fraction thereof shall be issued pursuant to any split of beneficial interests involving any of the Pledged Collateral, or any distribution of capital shall be made on any of the Pledged Collateral, or any property shall be distributed upon or with respect to the Pledged Collateral pursuant to recapitalization or reclassification of the capital of the Tenant, the shares or other property so distributed shall be delivered to the Secured Parties to be held as collateral security for the Secured Obligations.

  • Distributions on Account of Separation from Service If and to the extent required to comply with Section 409A, no payment or benefit required to be paid under this Agreement on account of termination of the Executive’s employment shall be made unless and until the Executive incurs a “separation from service” within the meaning of Section 409A.

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