ACM Catch-Up Funding Sample Clauses

ACM Catch-Up Funding. Subject to the advance written consent of Fairfax and ACON after the date of this Agreement, which consent may be withheld in either of their sole discretion, ACM shall be entitled to subscribe for Ordinary Shares for an aggregate subscription price of $71,300,000 in order to meet the ACM Funding Threshold at any time prior to the termination of the Fairfax Co-Invest Period (the “ACM Catch-Up Funding”) at a price per Ordinary Share no less than the Subscription Price; provided, however, that (i) ACM has represented that it has funds available to subscribe for additional Shares in an amount equal to $8,500,000 (which amount shall only be funded in accordance with Section 2.7.2) and that the ACM Catch-Up Funding is funded in full, in each case prior to the termination of the Fairfax Co-Invest Period,(ii) the ACM Catch-Up Funding does not result in any incremental dilution to the Proportionate Interest of the ACON Group Shareholders or any incremental out-of-pocket costs, fees or other expenses to the ACON Group Shareholders, Fairfax Group Shareholders or the Corporation that, in either case, would not have occurred had ACM made a subscription of $79,800,000 on 21 December 2015, (iii) no 10% Preference Shares issued pursuant to Section 3.3 (or any PIK Preference Shares issued in respect thereof) shall remain issued and outstanding following the ACM Catch-Up Funding, and no unpaid dividends or other amounts in respect of Preference Shares shall remain unpaid or otherwise owing to the holders (or former holders) of the Preference Shares following the ACM Catch-Up Funding and (iv) unless otherwise agreed by ACON, in no event shall the source of funds used by ACM (or any of its Affiliates) to fund the ACM Catch-Up Funding be derived, whether directly or indirectly, from funds provided by Fairfax or any of its Affiliates through any equity, debt or other financing arrangements. In the event that ACM makes a subscription in furtherance of the ACM Funding Threshold, such subscription shall be set forth in writing and delivered to Fairfax, ACON and the Corporation, together with a certificate, signed by a duly authorized officer of ACM, certifying as to the matters in the foregoing clause (iv). For the avoidance of doubt, (x) ACM shall as a condition to the ACM Catch-Up Funding be solely responsible for all costs and expenses incurred by the Shareholders or the Corporation in connection with the issuance and redemption of any Preference Shares pursuant to Section 3.3...
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Related to ACM Catch-Up Funding

  • Formula Funding Funding equivalent to the level of funding which would be provided through the funding formula of the LA to a maintained school which had all of that Academy's relevant characteristics, including its number of pupils;

  • Per-pupil Funding The School's non-facility general fund per-pupil funding shall be as defined in Sec. 302D-28, HRS. The Commission shall distribute the School's per-pupil allocation each fiscal year pursuant to Sec. 302D-28(f), HRS, and shall provide the School with the calculations used to determine the per-pupil amount each year. All funds distributed to the School from the Commission shall be used solely for the School's educational purposes as appropriated by the Legislature, and the School shall have discretion to determine how such funding shall be allocated at the school level to serve those purposes subject to applicable laws and this Contract.

  • Program Funding Upon entry into force of this Compact, MCC will grant to the Government, under the terms of this Compact, an amount not to exceed Four Hundred Eight Million Eight Hundred Fifty Thousand United States Dollars (US$408,850,000) to support the Program (“Program Funding”). The allocation of Program Funding is generally described in Annex II to this Compact.

  • Supplemental Funding Unless otherwise defined by program rules, Supplemental Funding is the award of additional funds to provide for an increase in costs due to unforeseen circumstances. The State will comply with all Federal program agency policies and procedures for requesting supplemental grant funding. The State will comply with the following guidelines when requesting supplemental funding for the Medical Assistance Program and associated administrative payments (CFDA 93.778): The State must submit a revised Medicaid Program Budget Report (CMS-37) to request supplemental funding. The CMS guidelines and instructions for completing the CMS-37 are provided in Section 2600F of the State Medicaid Manual (SMM). The CMS/CO must receive the revised Form CMS-37 through the Medicaid Budget Expenditure System/Children's Budget Expenditure System (MBES/CBES) no later than 10 calendar days before the end of the quarter for which the supplemental grant award is being requested. Additional guidance on this policy is available from the respective CMS Regional Office, U.S. Department of Health & Human Services. The State will comply with the following guidelines when requesting supplemental funding for TANF (CFDA 93.558), CCDF (CFDA 93.575), CSE (93.563), and the FC/AA (CFDA 93.658 and CFDA 93.659) programs administered by the U.S. Department of Human Services, Administration for Children and Families (HHS/ACF):

  • STEP II 18.3.2.1 If the employee desires to appeal the grievance to Step II, the grievance shall be reduced to writing and presented to the Department Director or his/her designated representative, within five (5) working days following the receipt of the immediate supervisor's oral reply.

  • Fiscal Funding Notwithstanding any other provision of this agreement, the parties hereto agree that the charges hereunder are payable to the Contractor by the District solely from appropriations received by District. In the event such appropriations are determined by the Chief Financial Officer/Comptroller of the District to no longer exist or to be insufficient with respect to the charges payable hereunder, this Agreement shall immediately terminate without further obligation to the District upon notice that such appropriations no longer exist and are insufficient. If this Agreement is so terminated, then the District shall only pay Contractor for goods and/or services provided by Contractor and accepted by the District up to, through, and including the date of termination. Following the termination of this Agreement under this Section, the parties’ duties to one another shall cease except for those obligations that shall survive the termination of this Agreement, including, but not limited to, the District’s payment obligations for goods and/or services accepted by the District before the date of termination, and the Contractor’s duties to insure and/or indemnify the District and to cooperate with any audit. Termination of this Agreement pursuant to this Section shall not limit either of the parties’ remedies for any breach of this Agreement.

  • Negotiated Funding Amount, Board Contributions 4.1.1 Each Board shall pay an amount equal to 1/12th of the annual negotiated funding amount as described in 4.1.2 and 4.1.3 to the Trustees of the ETFO ELHT by the last day of each month from and after the Board’s Participation Date.

  • Step I 18.3.1.1 An employee may present the grievance orally either directly or through the Union representative to the immediate supervisor. The grievance must be presented within ten (10) working days following the event or events on which the grievance is based. The immediate supervisor shall make whatever investigation is necessary to obtain the facts pertaining to the grievance. Within ten (10) working days after receiving the oral grievance, the immediate supervisor shall give the employee an oral reply.

  • Catch-Up Contributions In the case of a Traditional IRA Owner who is age 50 or older by the close of the taxable year, the annual cash contribution limit is increased by $1,000 for any taxable year beginning in 2006 and years thereafter.

  • Step III 12.5.1 If the employee desires to appeal the grievance to Step III, the employee shall complete the appropriate appeal section of the grievance form, sign the appeal, and present the grievance to the Municipal Employee Relations Officer or designee within five (5) working days following receipt of the written decision at Step II.

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