ALLOCATION AND DISTRIBUTION. 6.1 In respect of each Financial Year, Recorded Music NZ will, in accordance with the Distribution Policy:
(i) determine the amount of Gross Receipts for the Financial Year; and
(ii) after deduction of the amounts referred to in clause 5.2, determine the total amount available for allocation among the Licensors (Distributable Sum); and
(iii) allocate a proportion of the Distributable Sum to you.
6.2 Subject to clause 6.4, at least once in each calendar year Recorded Music NZ will pay you the amount allocated to you under clause 6.1(iii) in respect of the immediately preceding Financial Year (Distribution).
6.3 If Recorded Music NZ notifies you in writing, at any time after payment of a Distribution under clause 6.2, that you were not entitled for any reason to receive some or all of the Distribution, you must repay the amount specified in Recorded Music NZ’s notice within 30 days of receiving the notice. If you fail to repay any amount to which this clause 6.3 applies, Recorded Music NZ may in its sole discretion choose to set off that amount against any future Distribution it pays to you, but for the avoidance of doubt Recorded Music NZ will have no obligation to do so, and may instead choose to recover the amount from you as a debt due to Recorded Music NZ.
6.4 Where Recorded Music NZ determines that you would be entitled to receive a Distribution in respect of any Controlled Content, and one or more persons is or are qualified to receive a payment in respect of that Controlled Content via the mechanism of a Direct-to-Artist Scheme, you authorise Recorded Music NZ to pay, in accordance with the Distribution Policy, a percentage of the relevant Distribution directly to such qualified person or persons.
6.5 Provided you give Recorded Music NZ at least 30 days prior written notice, you may at your own expense, and no more than once in respect of any Financial Year, appoint an independent auditor (who must be a chartered accountant) to examine the books of account and records of Recorded Music NZ to check that the amounts allocated or paid to you from time to time have been correctly calculated in accordance with the Distribution Policy and the provisions of this agreement. Recorded Music NZ will provide your auditor with reasonable access to Recorded Music NZ’s premises, and will make available all relevant books of account and records for inspection by your auditor, provided that your auditor first gives Recorded Music NZ a written and signed undertaking (...
ALLOCATION AND DISTRIBUTION. This Section shall become operative on a complete termination of the Plan. The provisions of this Section also shall become operative in the event of a partial termination of the Plan, as determined by a terminating Employer, but only with respect to that portion of the Plan attributable to the Participants to whom the partial termination is applicable. Upon the effective date of any such event, notwithstanding any other provisions of the Plan, no persons who were not theretofore Participants shall be eligible to become Participants, the value of the interest of all Participants and Beneficiaries shall be determined and, after deduction of estimated expenses in liquidating and, if applicable, paying Plan benefits, paid to them as soon as is practicable after such termination.
ALLOCATION AND DISTRIBUTION. To the extent practicable and consistent with the principle that only actual Class Members should be paid, the distribution of the Net Settlement Amount will be made in accordance with the procedures to be set forth in this Settlement Agreement and the Plan of Allocation, subject to approval by the First Judicial District Court. The Plan of Allocation, when approved by the First Judicial District Court, shall govern distribution of the Net Settlement Amount.
ALLOCATION AND DISTRIBUTION. Subject to the following provisions of this clause 7 and other terms of this Deed, the Trustee will determine the amount of each Distribution (whether capital or income).
ALLOCATION AND DISTRIBUTION a. Local Agency shall agree to provide monthly distributions to LDAs in those counties approved for CSFP. Local Agency further agrees to market potential LDAs to increase the allowable caseload to the maximum number assigned.
b. Local Agency shall strive to increase participation in CSFP when vacancies are available by conducting social marketing activities such as publishing announcements of times and locations of distribution.
c. Local Agency shall distribute CSFP food packages to local agencies based on the assigned caseload, both adult and child, using the following categorical eligibility priority system:
(1) Pregnant women, breastfeeding women and infants..
(2) Children ages 1 to 3.
(3) Children ages 4 to 5.
(4) Postpartum women.
ALLOCATION AND DISTRIBUTION. 272. Allocation and Distribution of Net Earnings. PART X -AUDIT, RECORDS §273. Books - Auditing.
ALLOCATION AND DISTRIBUTION. 7.1 In respect of each Financial Year, PPCA will, in accordance with the Distribution Policy:
(i) determine the amount of Gross Receipts for the Financial Year;
(ii) after deduction of the amounts referred to in clause 6.2, determine the total amount available for allocation among the Licensors (Distributable Sum); and
(iii) allocate a proportion of the Distributable Sum to you.
7.2 Subject to clause 7.4, at least once in each calendar year PPCA will pay you the amount allocated to you under clause 7.1(iii) in respect of the immediately preceding Financial Year (Distribution).
7.3 If PPCA notifies you in writing, at any time after payment of a Distribution under clause 7.2, that you were not entitled for any reason to receive some or all of the Distribution, you must repay the amount specified in PPCA’s notice within 30 days of receiving the notice. If you fail to repay any amount to which this clause 7.3 applies, PPCA may in its sole discretion choose to set off that amount against any future Distribution it pays to you, but for the avoidance of doubt PPCA will have no obligation to do so, and may instead choose to recover the amount from you as a debt due to PPCA.
7.4 Where PPCA determines that you would be entitled to receive a Distribution in respect of any Controlled Content, and one or more persons is or are qualified under the Direct Artist Distribution Scheme to receive a payment in respect of that Controlled Content, you authorise PPCA to pay, in accordance with the Distribution Policy, a percentage of the relevant Distribution directly to such qualified person or persons.
7.5 Provided you give PPCA at least 30 days’ prior written notice, you may at your own expense, and no more than once in respect of any Financial Year, appoint an independent auditor (who must be a chartered accountant) to examine the books of account and records of PPCA to check that the amounts allocated or paid to you from time to time have been correctly calculated in accordance with the Distribution Policy and the provisions of this agreement. PPCA will provide your auditor with reasonable access to PPCA’s premises, and will make available all relevant books of account and records for inspection by your auditor, provided that your auditor first gives PPCA a written and signed undertaking (in a form acceptable to PPCA) that he or she will report to you only in relation to the correctness or otherwise of the amounts allocated or paid to you, and that he or she will not refer ...
ALLOCATION AND DISTRIBUTION. Cash Flow of the Partnership shall be determined for each calendar quarter of each Fiscal Year. Cash Flow as so determined shall be distributed in cash to the Partners and Assignees, pro rata, in accordance with their respective Percentage Interests. The General Partners shall take such reasonable efforts, as determined by them in their sole and absolute discretion, to cause the Partnership to distribute sufficient amounts to enable any REIT Partner to pay stockholder dividends that will satisfy the requirements for qualifying as a real estate investment trust under the Code.
ALLOCATION AND DISTRIBUTION. In no event will Purchaser or the Company have any responsibility or liability for any allocation or distribution of the Purchase Price or any amounts (if any) released from the Sellers’ Representative Expense Account among Sellers or Sellers’ Representative by any Seller or Sellers’ Representative to any Seller, except to the extent Purchaser does not distribute the Purchase Price in accordance with the Allocation Schedule or wire transfer instructions provided pursuant to Section 8.1(b).
ALLOCATION AND DISTRIBUTION. AND SHALL BE
