Amounts and Timing. In addition to the foregoing and subject to the provisions of Section 2(e) below, beginning on the third (3rd) anniversary of the Royalty Date, Owner shall pay Royalty Holder annual advance minimum royalties ("Annual Advance Royalties") of CDN$25,000. The amount of the Annual Advanced Royalty payment shall increase by ten thousand dollars (CDN$10,000) each year and shall be payable on or before each anniversary of the Royalty Date, provided that such Annual Advanced Royalty payments will not exceed CDN$75,000 per year. Annual Advance Royalties shall be the minimum amount payable each year of this Instrument. In the event the Royalty paid in any year is less than the Annual Advance Royalties for that year, the Owner shall pay the Royalty Holder the difference by wire transfer to an account designated by Royalty Holder. All Annual Advance Royalties paid by Owner to Royalty Holder shall constitute prepayment of and advance against Royalty payments thereafter accruing to Royalty Holder during the term of this Instrument, to be set off as provided in Section 2(c).
Amounts and Timing. Subject to Section 9.7(c), all distributions to Members made in accordance with this Article IX shall be reasonably determined by the Managers taking into account the working capital needs of the Company and other current or projected uses of funds, after a reasonable reserve has been established. Subject to Section 9.7(c), distributions of Net Cash Flow shall be made to the Members as follows and in the following order of priority:
(i) first, to repay the Newmark Loans and Xxxx-Xxxx Loans (and any and all accrued but unpaid interest and return thereon), pari passu in proportion to their respective unpaid principal balances of the Newmark Loans and Xxxx-Xxxx Loans, with any amounts so distributed being applied first to reduce any and all of the accrued but unpaid interest thereon to the extent thereof and then to reduce any outstanding principal;
(ii) second, to the Members in proportion to their respective Capital Contributions, until the aggregate amount distributed to each Member under this clause (ii) shall equal such Member’s aggregate Capital Contributions; and
(iii) third, to the Members, in proportion to their respective Sharing Ratios; provided, however, other than Tax Distributions, distributions of Net Cash Flow under this Section 9.7(a) shall not be made to the Members until, at the earliest, the second anniversary from the Effective Date. In the event that the Managers do not determine when distributions are to be made for the then Fiscal Year, such distributions, shall be made within 90 days of the end of each Fiscal Year to those Persons recognized on the books of the Company as Members or as Assignees on the last day of such Fiscal Year.
Amounts and Timing. All Net Cash Flow will be distributed to the Members pro rata, based on their respective Membership Percentages (“Distributions”). The Managing Member shall cause the Company Trust to distribute cash to the Company for purposes of the foregoing, as frequently as the Managing Member shall reasonably determine, subject to adjustment for corrections (if any). The Reserves may include expenses incurred as of the date hereof and reasonably foreseeable expenses. The Reserves shall not include amounts for transactions unrelated to the Portfolio unless otherwise agreed to by unanimous consent of the Members.
Amounts and Timing. Net Cash Flow shall be distributed to the Members in proportion to their respective shares of Profits allocated to each of them for such period (and prior periods) under Section 9.2, to the extent that such amounts have not been distributed previously under this Section 9.4. Such distributions, shall be made within 90 days of the end of each Fiscal Year to those persons recognized on the books of the Company as Members or as Assignees on the last day of such Fiscal Year.
Amounts and Timing. If decided by the Members in accordance with
Amounts and Timing. If decided by the Members in accordance with Section 5.3, Distributions will be made to the Members in proportion to their respective Sharing Ratios. Such Distributions will be made from time to time to those Persons recognized on the books of the Company as Members as of the applicable record date.
Amounts and Timing. If decided by the Members in accordance with Section 5.3, Distributions will be made to the Members in such amounts and at such times as the Class A Members shall determine from time to time. Each Distribution shall be made to the Members as follows:
(i) the amount to be distributed shall be allocated and paid to the different Classes pro rata in accordance with the relative Distribution Interests (as defined below) of each Class;
(ii) except as otherwise provided in this Section 9.7, all Distributions allocated and paid to a Class shall be distributed pro rata to the Members of such Class in accordance with the relative Sharing Ratios of such Members;
(iii) the Class A Members, Class B Members and Class C Members shall each be treated as one Class for purposes of Sections 9.7(a)(i) and (ii) and all Distributions allocable to such Classes pursuant to Section 9.7(a)(i) shall be distributed as follows:
(A) first, one hundred percent (100%) to the Class A Members pro rata in accordance with the Sharing Ratio of each Class A Member, until the Class A Members have received aggregate Distributions pursuant to Section 9.7(a) in an amount equal to $400,000,000 (it being understood that distributions pursuant to Section 9.7(c) shall not be included in calculating such $400,000,000 threshold); and
(B) second, to the Class A Members, Class B Members and the Class C Members pro rata in accordance with their respective Sharing Ratios;
(iv) The "Distribution Interest" of a Class (or Classes in the case of the Class A Members, the Class B Members and the Class C Members) is the relative interest of such Class in Distributions made by the Company, as established at the time of the initial issuance of the Membership Interests of such Class (except that in the case of Class C Members, the Distribution Interest shall be adjusted in connection with new issuances of Class C Membership Interests, subject to compliance with Section 2.11(c)(y)(iii)). The Class A/Class B/Class C Distribution Interest equals 100% as of the date hereof. Upon the issuance of new Classes of Membership Interests by the Company to existing Members or to other Persons pursuant to Section 2.12, the Distribution Interest of the Class A/Class B/Class C Members shall be reduced proportionately by the amount of the Distribution Interest assigned to the new Class pursuant to Section 2.12.
Amounts and Timing. In addition to the Royalty and subject to the provisions of Section 2(c), beginning on the third (3rd) anniversary of the Effective Date, Owner shall pay Royalty Holder annual advance minimum royalties ("Annual Advance Royalties") of CDN$25,000. The amount of the Annual Advanced Royalty payment shall increase by ten thousand dollars (CDN$10,000) each year and shall be payable on or before each anniversary of the Effective Date, provided that such Annual Advanced Royalty payments will not exceed CDN$75,000 per year.
Amounts and Timing a. For each Vivint Smart Home account resulting from the provision of Lead Generation Services or Dealer Services by a Vivint Solar Representative hereunder, ________________% of the Lead Generation Fee or Dealer Services Fee, as applicable, will be paid directly to Vivint Solar no later than the first Friday on or after the tenth (10th) day of the month following the month in which installation of the Smart Home System tied to such account was completed.
b. For each Vivint Solar account resulting from the provision of Lead Generation Services by a Vivint Representative hereunder, _____________% of the Lead Generation Fee will be paid directly to Vivint Smart Home no later than the first Friday on or after the tenth (10th) day of the month following the month in which installation of the Solar System tied to such account was completed.
c. For each Vivint Solar account resulting from the provision of Dealer Services rendered by a Vivint Representative hereunder: (a) _______% of the applicable Dealer Fee will be paid directly to Vivint Smart Home as an advance on the first Friday following the week in which the applicable Solar System is “Permit Submitted”; (b) the remaining amount of the applicable Dealer Fee will be paid directly to Vivint Smart Home the first Friday following Confidential A&R Sales Dealer Agreement (Vivint Solar Developer, LLC – Vivint, Inc.) the week in which installation of the applicable Solar System is completed. Notwithstanding the foregoing, the amount paid pursuant to subpart (a) above shall not exceed $________________.
Amounts and Timing. All Net Cash Flow will be distributed to the Members pro rata, based on their respective Membership Percentages (“Distributions”). The Managing Member shall cause the Company Trust to distribute cash to the Company for purposes of the foregoing, as frequently as the Managing Member shall reasonably determine (provided that the Managing Member shall cause distributions to be made at least monthly, except, upon consultation with Blackstone, where circumstances reasonably require that a monthly distribution not be made), subject to adjustment for corrections (if any). The Reserves may include expenses incurred as of the date hereof and reasonably foreseeable expenses. The Reserves shall not include amounts for transactions unrelated to the Portfolio unless otherwise agreed to by unanimous consent of the Members.