ALLOCATION OF INCOME AND EXPENSES. This is an absolute, pure net lease; and, except as otherwise expressly provided in this Lease, LESSEE shall have and hereby assumes all duties and obligations with relation to the repair, maintenance, existence and operation of the Leased Premises and all other improvements or fixtures now or hereafter located during the Term of this Lease, irrespective of law or custom.
ALLOCATION OF INCOME AND EXPENSES. Except as expressly provided herein, all income and expenses attributable to the operation of the Purchased Assets (measured on an accrual basis) prior to the Closing Date shall be for the account of the Sellers. Except as expressly provided herein, commencing at 12:01 a.m. (Eastern Standard Time) on the Closing Date, such income and expense shall be for the account of Purchaser.
ALLOCATION OF INCOME AND EXPENSES. All revenue from loads delivered prior to 11:59 p.m. CST on the Effective Date shall belong to Seller, and all revenue from loads delivered after 11:59 p.m. CST on the Effective Date (the “Post-closing Loads”) shall belong to Purchaser. As soon as reasonably practicable after the Effective Date, but in any event within thirty (30) days following the Effective Date, representatives of Seller and Purchaser shall examine all relevant books and records of the Business as of the Effective Date to determine (i) the time and date of delivery and the division of revenue from loads in transit immediately prior to and/or immediately after the Effective Date and (ii) the amount of direct expenses incurred by Seller for Post-closing Loads (the “Direct Expenses”). Direct Expenses shall be calculated at seventy-two cents ($0.72) per mile for the billed miles of the Post-closing Load. Purchaser shall promptly reimburse Seller for the Direct Expenses within ten (10) business days after determination. If the parties are unable to agree on the amount of the reimbursement for Direct Expenses, the dispute resolution provisions of Section 7.7 shall apply.
ALLOCATION OF INCOME AND EXPENSES. The Trustee shall have the power to determine what is the corpus and what is the gross net income of the estate and to allocate between principal and income any loss or expenditure in connection with the trust, and if deemed advisable to amortize any loss out of the income. DISTRIBUTION IN KIND. The Trustee shall have the power to make any and all distribution hereunder in cash or in kind, or partly in cash and partly in kind, and the values it assigns to such distribution shall not be subject to question.
ALLOCATION OF INCOME AND EXPENSES. For accounting purposes, the income and expenses arising out of or resulting from the operation of the Stations through 12:01 AM on April 1, 2002, shall be for the account of Lessors and thereafter for the account of Licensee, provided that any Cash received by Licensee in respect of the Stations' operations shall be applied toward rent pursuant to Section 2.3 hereof.
ALLOCATION OF INCOME AND EXPENSES. (a) Distribution Fees and Service Fees - Each Class shall bear directly any and all Distribution Fees and/or Service Fees payable by such Class pursuant to a Plan of Distribution adopted by the Fund with respect to such Class.
(b) Transfer Agency and Shareholder Recordkeeping Fees - Each Class shall bear directly the transfer agency fees and expenses and other shareholder recordkeeping fees and expenses specifically attributable to that Class; provided, however, that where two or more Classes of a Portfolio pay such fees and/or expenses at the same rate or in the same amount, those Classes shall bear proportionately such fees and expenses based on the relative net assets attributable to each such Class.
(c) Allocation of Other Expenses - Each Class shall bear proportionately all other expenses incurred by a Fund based on the relative net assets attributable to each such Class.
ALLOCATION OF INCOME AND EXPENSES. 13 23. UTILITIES...................................................................................... 13 24. LIENS.......................................................................................... 14 25.
ALLOCATION OF INCOME AND EXPENSES. (a) This is an absolute, pure net lease; and, except as otherwise expressly provided in this Lease, Lessee shall have and hereby assumes all duties and obligations with relation to the repair, maintenance, existence and operation of the Line and all other improvements or fixtures now or hereafter located during the Term of this Lease, irrespective of law or custom.
(b) Except as otherwise expressly provided in this Lease, Lessee shall reimburse and defend, indemnify and hold Lessor harmless for/from any expense, cost, liability or obligation whatsoever which arises out of the use of the Line and any other improvements or fixtures hereafter located by Lessee during the Term of this Lease.
ALLOCATION OF INCOME AND EXPENSES. As of each Revaluation Date, -- --------------------------------- all income of the Trust for the period since the preceding Revaluation Date shall be credited to, and all losses and expenses of the Trust for such period shall be charged to, the various Accounts maintained by the Trustee for the Participating Employees and Beneficiaries. Such credits and charges shall be made in proportion to the value of the respective Participating Employee and Beneficiary Accounts as of the preceding Revaluation Date (after recording all credits and charges which would otherwise be made based on Account balances as of the preceding Revaluation Date). Further, the Trustee may adjust in a nondiscriminatory and consistent manner the credits and charges which would otherwise be made based on Account balances as of the preceding Revaluation Date to take into account inter-Fund transfers, periodic contributions made on behalf of Participants, repayments of Participant loans or borrowing by Participants, Rollover contributions, or any other transactions occurring since the preceding Revaluation Date. Any loan extended by the Trustee to a Participant pursuant to Paragraph 11. hereinbelow shall be deemed, for purposes of allocation of --- income, as an earmarked investment made for such Participant's benefit. Accordingly, all interest or other earnings attributable to such loan shall be allocated and credited exclusively to the account of the Participant to whom such loan was made.
ALLOCATION OF INCOME AND EXPENSES. All revenue from loads delivered prior to the Effective Date (the “Pre-Closing Loads”) shall belong to the Sellers. All revenue from loads delivered on and after the Effective Date (the “Post-Closing Loads”) shall belong to Purchaser; provided, however, that any loads completed in transit and awaiting delivery in local area (within 50 miles of delivery) shall be paid to Sellers, net of any cost incurred by Purchaser and upon payment by customer. As soon as reasonably practicable after the Effective Date, but in any event within thirty (30) days following the Effective Date, representatives of Sellers and Purchaser shall examine all relevant books and records of the Business as of the Effective Date and Sellers shall assist Purchaser with collection efforts on all such Post-Closing Loads, as needed.
