Basis of allocation. The Company agrees that the Sole Global Coordinator shall have the exclusive right, in its sole and absolute discretion, upon and subject to the terms and conditions of the Hong Kong Public Offering Documents, the Receiving Bank Agreement and this Agreement, and in compliance with applicable Laws, to reject or accept in whole or in part any Hong Kong Public Offering Application and, where the number of Hong Kong Offer Shares being applied for exceeds the total number of the Hong Kong Offer Shares, to determine the basis of allocation of the Hong Kong Offer Shares. The Company acknowledges and agrees that under the respective terms and conditions of the Receiving Bank Agreement and the Registrar Agreement, the Receiving Bank and the Hong Kong H Share Registrar shall, as soon as practicable after the close of the Application Lists, provide the Sole Global Coordinator with such information, calculations and assistance as the Sole Global Coordinator may require for the purposes of determining, inter alia:
4.5.1 in the event of a Hong Kong Public Offering Under-Subscription, the number of Hong Kong Offer Shares which have not been applied for pursuant to Accepted Hong Kong Public Offering Applications; or
4.5.2 in the event of a Hong Kong Public Offering Over-Subscription, the number of times by which the number of Hong Kong Offer Shares which have been applied for pursuant to Accepted Hong Kong Public Offering Applications exceeds the total number of Hong Kong Offer Shares initially available under the Hong Kong Public Offering; and
4.5.3 the basis of allocation of the Hong Kong Offer Shares.
Basis of allocation. The Company agrees that the Overall Coordinators shall have the exclusive right, in their sole and absolute discretion, upon and subject to the terms and conditions of the Hong Kong Public Offering Documents and this Agreement, to reject or accept in whole or in part any Hong Kong Public Offering Application and, where the number of the Hong Kong Offer Shares being applied for exceeds the total number of the Hong Kong Offer Shares, to determine the basis of allocation of the Hong Kong Offer Shares. The Overall Coordinators reserve the right to reject (in whole or in part) any Hong Kong Public Offering Application or allocation or clawback when the relevant applications or allocation does not comply with any applicable Listing Rules or guidance issued by the Stock Exchange. The Company shall, and shall use its best endeavours to procure that the Receiving Bank and the Hong Kong Registrar and the HK eIPO White Form Service Provider shall, as soon as practicable after the close of the Application Lists, provide the Overall Coordinators with such information, calculations and assistance as the Overall Coordinators (for themselves and on behalf of the Hong Kong Underwriters) may require for the purposes of determining, inter alia:
4.7.1 in the event of a Hong Kong Public Offering Under-Subscription, the number of the Hong Kong Offer Shares which have not been applied for pursuant to Accepted Hong Kong Public Offering Applications; or
4.7.2 in the event of a Hong Kong Public Offering Over-Subscription, the number of times by which the number of the Hong Kong Offer Shares which have been applied for pursuant to Accepted Hong Kong Public Offering Applications exceeds the total number of the Hong Kong Offer Shares initially available under the Hong Kong Public Offering; and
4.7.3 the basis of allocation of the Hong Kong Offer Shares, in each case as soon as practicable. Each Hong Kong Underwriter understands that the Hong Kong Offer Shares (i) have not been and will not be registered under the Securities Act and (ii) may only be offered or sold to persons outside the United States in offshore transactions in reliance on Regulation S. Each Hong Kong Underwriter severally and not jointly represents and warrants to, and agrees with, the Company that: (i) it has not solicited offers for, or offered or sold, and will not solicit offers for the Offer Shares except in offshore transactions as defined in, and in accordance with, Regulation S; and (ii) such Hong Kong Underw...
Basis of allocation. Amounts distributed to members shall be based upon the net capital accounts and profit shares of the Members from business transactions completed by the Cooperative, reduced only by amounts which are allowable under federal tax laws and by such reasonable reserves for necessary business and charitable purposes as determined by the Board. In determining and allocating such adjusted net capital accounts and profit membership interest, the Cooperative shall use a single allocation unit except to the extent that it shall engage in any new and distinct line of business subsequent to the adoption of this Agreement. Such adjusted net capital shares and profit membership interest shall be allocated to each member who has satisfied the member requirements and are holders of capital interest during the calendar year.
Basis of allocation. The CMA and the XXX will endeavour to reach agreement on which authority will exercise its concurrent competition powers in respect of any particular case, under regulation 4(2) of the concurrency regulations. They will do so in a spirit of constructiveness and cooperation, while acknowledging the CMA’s ultimate powers under regulations 5 and 8 of the concurrency regulations.
Basis of allocation. The underlying basis of allocation is as follows:
Basis of allocation. It is acknowledged by the Company, the Founder Entity, the Directors and the Founder Non-Directors that the Placing Banks have (to the extent permitted by law and subject to confidentiality restrictions) discussed with them the principles for allocation, the identity of potential subscribers in the Offer, the factors all parties believe to be relevant to the allocation of the New Ordinary Shares (with Matching Warrants) and have agreed the objectives and process for the allocation.
Basis of allocation. The Company agrees that the Sole Sponsor (together with the Sole Representative) shall have the exclusive right, in their sole and absolute discretion and after prior consultation with the Company, upon and subject to the terms and conditions of the Hong Kong Public Offering Documents and this Agreement, reject or accept in whole or in part any Hong Kong Public Offering Application and, where the number of Hong Kong Offer Shares being applied for exceeds the total number of the Hong Kong Offer Shares, determine the basis of allocation of the Hong Kong Offer Shares. The Company shall, and shall procure that the Receiving Bank and the Hong Kong Share Registrar shall, as soon as practicable after the close of the Application Lists, provide the Sole Sponsor and the Sole Representative with such information, calculations and assistance as the Sole Sponsor and the Sole Representative may require for the purposes of determining, inter alia:
4.5.1 in the event of a Hong Kong Public Offering Under-Subscription, the number of Hong Kong Offer Shares which have not been applied for pursuant to Accepted Hong Kong Public Offering Applications; or
4.5.2 in the event of a Hong Kong Public Offering Over-Subscription, the number of times by which the number of Hong Kong Offer Shares which have been applied for pursuant to Accepted Hong Kong Public Offering Applications exceeds the total number of Hong Kong Offer Shares initially available under the Hong Kong Public Offering; and
4.5.3 the level of acceptances and the basis of allocation of the Hong Kong Offer Shares.
Basis of allocation. The underlying basis of allocation is first to ensure that no member is worse off than they would have been outside the Pool. This is achieved in the calculation of the Net Retained Levy, which comprises: the sum of levies to be paid by authorities if they had been outside the Pool; the total levy to be paid by the Pool; less any safety net payments due to members that would have been paid if they were outside the Pool; less administrative costs charged to the Pool. The Net Retained Levy is then allocated: 20% to the Top-up Authority (Hertfordshire County Council); 80% to be allocated to Tariff authorities (Broxbourne, Stevenage and Welwyn Xxxxxxxx Borough Councils and North Herts and Three Rivers District Councils), pro rata to their levy that would have been paid outside the Pool
i. e. proportionate to the extent to which their business rate income exceeds their NDR Baseline. In the event that Net Retained Levy is negative, the shortfall will be borne 20% to the Top-up Authority (Hertfordshire County Council); 80% to be allocated to Tariff authorities (Broxbourne, Welwyn Xxxxxxxx and Stevenage Borough Councils and North Herts and Three Rivers District Councils), pro rata to the cash amount that would have been received from central government as part of the annual settlement , if the Pool arrangement was not in operation.
Basis of allocation. The underlying basis of allocation is half to the authority that would otherwise be paying a Levy and half to be shared across all Pool Members pro rata to their BRRS Baseline Funding. The detailed process through which this will operate comprises three elements: The allocation of any Gross Retained Levy and Net Retained Levy - this will be calculated in accordance with the Financial Protocol. See Schedule 1 to this Agreement The assessment of when an allocation from the Local Volatility Fund is due and how much any allocation will be. Allocations from the Local Volatility Fund will be made in accordance with the Financial Protocol which is attached as Schedule 1 to this Agreement ; and How the Local Volatility Fund will be shared should any authority decide to leave the Pool or the Pool is dissolved. When a Pool member leaves or the Pool is dissolved each authority will refund the Pool or receive from the Pool the balance in their Memorandum Local Volatility Fund which will be calculated in accordance with the Financial Protocol which is attached as Schedule 1 of this Agreement.
Basis of allocation. 2.1 2.1 The Linked Transporters’ respective Transportation Arrangements provide for quantities delivered and offtaken at the Interconnection Point to be allocated among each Party's respective Shippers in respect of each Gas Day, based on the Confirmed Nomination Quantities, as set out in this paragraph 2.
2.2 2.2 In respect of an OBA Day, the quantity allocated to each Shipper in each Direction is equal to the sum of the Confirmed Nomination Quantities for that Shipper in that Direction.
2.3 2.3 In respect of a Non-OBA Day:
