Application of Income Sample Clauses

Application of Income. The Rents, payments, proceeds and income collected by Lender may be applied as follows, in whatever order Lender in its discretion may determine: (a) To the payment of the operating expenses of the Property, including costs of management (which shall include reasonable compensation to the Lender and its agent or agents, if management be delegated to an agent or agents); improvements, alterations, replacements and repairs to the Property; placing the Property in such condition as will, in the judgment of Lender, make it readily rentable; premiums on fire, flood, tornado, casualty, liability or other insurance if Lender deems such insurance necessary; and any claims for damages arising out of the ownership or management of the Property. (b) To the payment of the actual costs and expenses incurred by Lender in collecting such Rents, payments, proceeds and income, including commissions paid to secure tenants or lessees; reasonable attorneys’ fees incurred in recovering the Property or any personal property from any lessee or other contracting party for any cause whatsoever and in the collection of unpaid Rents, payments, income or proceeds; and attorneys’ fees incurred by Lender in connection with the enforcement of this Assignment or in protecting Lender or its interest in any of the collateral securing the Loan (including attorney’s fees and litigation expenses related to or arising out of any lawsuit or proceeding brought by or against Lender in any court or other forum, including actions or proceedings brought by or on behalf of Xxxxxxxx’s bankruptcy estate or any guarantor or indemnitor). (c) To the payment of taxes, special assessments and insurance premiums which become due and delinquent on the Property; all obligations contained in the Loan Documents; and any liens or encumbrances on the Property or any personal property of Borrower. (d) To the payment of bills for reasonable and necessary repairs and improvements on the Property. (e) To the payment of the Debt and any and all indebtedness, together with interest, evidenced by the Loan Documents, or any deficiency which may result from any foreclosure sale, in such amount and manner as Lender shall determine in its discretion.

Application of Income. The Management Company may either distribute the earnings generated by a Sub-Fund and/or a Class among the investors of such Sub-Fund and/or Class or reinvest said earnings in the relevant Sub-Fund and/or Class. Whether the relevant Sub-Fund or Class is a distributing or a reinvesting (accumulation) Sub-Fund or Class is set out in the respective Annex A. Further details in respect of reinvesting (accumulating) Sub-Funds / Classes and distributing Sub-Funds / Classes are set out in the Prospectus under the section headed “Application of Income” and Annex A.

Application of Income. The Classes of Units in each Sub-Fund may either distribute or reinvest the proportion of the Sub-Fund’s earnings to which these Classes are entitled. By convention, Class A is usually a distributing Class, while other Classes are usually reinvesting Classes. Whether the relevant Class is a distributing or a reinvesting Class is set out in the respective Annex A. With respect to the distributing Classes, the Management Company may, at such times as it thinks fit, declare such dividends as appear to the Management Company to be justified by the profits in respect of such Classes being all or some portion of the net income and/or all or some portion of the net realized gains. Additionally, the Management Company may, at such times as it thinks fit and in accordance with the requirements of the FMA, also declare such dividends on any distributing Class out of the capital of the relevant Sub-Fund to which such Class is entitled. Further information specific to distributing Classes is disclosed in Annex A. No interest will be paid on declared distributions after their due date.

Application of Income. The success of a UCITS results from the net income and the realised gains. The management company can distribute the profits from a UCITS or share class to the investors of this UCITS or share class, or reinvest it in the respective UCITS or share class.

Application of Income. Beneficiary shall, after payment of all proper charges and expenses, including reasonable compensation to any managing agent as it shall select and employ, and after the accumulation of a reserve to meet taxes, assessments and insurance as herein required in requisite amounts, credit the net amount of income received by it from the Trust Property by virtue of this absolute assignment to any amounts due and owing to it by Trustor under the terms hereof, but the manner of the application of such net income and what items shall be credited shall be determined pursuant to the Subordinated Loan Agreement, or otherwise in the sole discretion of Beneficiary. Without impairing its rights hereunder, Beneficiary may, at its option, at any time and from time to time, release to Trustor Rents, Issues and Profits received by Beneficiary, or any portion of such Rents, Issues and Profits. Beneficiary shall not be liable for its failure to collect, or its failure to exercise diligence in the collection of Rents, Issues and Profits, but shall be accountable only for Rents, Issues and Profits that Beneficiary shall actually receive.

Application of Income. The success of a UCITS results from the net income and the realised gains. The management company can distribute the profits from a UCITS or share class to the investors of this UCITS or share class, or reinvest it in the respective UCITS or share class (plough back). The profits of a UCITS or share class which, in accordance with Ap- pendix A "The Fund at a glance", shows profits utilisation of the “reinvested” type, are continuously reinvested, i.e. ploughed back. Realized capital gains from the disposal of goods and rights shall be retained by the management company for reinvestment. The generated coupons income of a UCITS or share class which, in accordance with Appendix A "The Fund at a glance", shows profits utilisation of the 'distributing' type, are available at maximum. For share classes which have an annual distribution, any distributions will be made within four months after end of the financial year. For share classes which have a quarterly distribution, any distribu- tions will be made within one month after end of respective quarter. The management company determines the final distribution amount per share. The distributions will be allocated to the respective share class. Dis- tributions shall be paid out on the shares issued on the distribution date. From the time of their maturity, no interest shall be paid on de- clared distributions. Realized capital gains from the disposal of goods and may be retained by the management company for reinvestment.

Application of Income. The success of a UCITS results from the net income and the realised gains. The management company can distribute the profits from a UCITS or share class to the investors of this UCITS or share class, or reinvest it in the respective UCITS or share class. The earned income of those funds and/or share class, which show an income application of type “reinvested” according to Appendix A " Funds at a glance", will be continuously reinvested. Realized capital gains from the disposal of goods and rights shall be retained by the management company for reinvestment. The profits of a UCITS or share class which, in accordance with Appendix A "The Fund at a glance", shows profits utilisation of the 'distributing' type, are distributed annually. If distributions are made, this shall occur within 4 months after the close of the financial year. Up to 10% of the net income of the UCITS can be brought forward to a new account. Distributions shall be paid out on the shares issued on the distribution date. From the time of their maturity, no interest shall be paid on declared distributions. Realized capital gains from the disposal of goods and rights shall be retained by the management company for reinvestment.

Application of Income. Section 5.01

Application of Income. Paragraph 5 of the Agreement is hereby amended by adding the following subparagraph at the end of such Paragraph:

Application of Income. Assignee shall, after payment of all --------------------- proper charges and expenses, including reasonable compensation to any managing agent as it shall select and employ, and after the accumulation of a reserve to meet taxes, assessments and insurance as herein required in requisite amounts, credit the net amount of income received by it from the Property by virtue of this absolute assignment to any amounts due and owing to it by Assignors under the terms hereof, but the manner of the application of said net income and what items shall be credited shall be determined pursuant to the Indenture, or otherwise in the sole discretion of Assignee. Without impairing its rights hereunder, Assignee may, at its option, at any time and from time to time, release to Assignors Rents, Issues and Profits received by Assignee, or any portion of such Rents, Issues and Profits. Assignee shall not be liable for its failure to collect, or its failure to exercise diligence in the collection of Rents, Issues and Profits, but shall be accountable only for Rents, Issues and Profits that Assignee shall actually receive. Assignee shall not be accountable for more monies than it actually receives from the Property nor shall it be liable for failure to collect Rents, Issues and Profits.