Basis of allocation Clause Samples

Basis of allocation. The Bank agrees that the Joint Overall Coordinators (for themselves and on behalf of the Hong Kong Underwriters) shall, in its sole and absolute discretion, determine the manner and the basis of allocation of the Hong Kong Public Offer Shares. The Joint Overall Coordinators shall be entitled to exercise (and on behalf of the Bank to authorise the Receiving Banks to exercise) the sole and absolute discretion, on and subject to the terms and conditions set out in the Hong Kong Public Offering Documents and this Agreement, to reject or accept (in whole or in part) any Hong Kong Public Offering Application received by the Receiving Banks (on behalf of the Bank) which, in the Joint Overall Coordinators’ opinion, fails to fully comply with the terms and conditions of the Hong Kong Public Offering Documents and to return the same together with the remittance to the relevant applicant by ordinary post. The grounds for rejection (including, for example, multiple applications, suspected multiple applications and over- subscription) shall remain within the sole and absolute discretion of the Joint Overall Coordinators. The Bank shall, and shall procure that the Receiving Banks, the Hong Kong Share Registrar and the White Form HK eIPO Service Provider shall, as soon as practicable after the close of the Application Lists, provide the Joint Overall Coordinators with such information, calculations and assistance as the Joint Overall Coordinators may require for the purposes of determining, inter alia: (a) in the event of a Hong Kong Public Offering Under-Subscription, the number of Hong Kong Public Offer Shares which have not been applied for pursuant to Accepted Hong Kong Public Offering Applications; or (b) in the event of a Hong Kong Public Offering Over-Subscription, the number of times by which the number of Hong Kong Public Offer Shares which have been applied for pursuant to Accepted Hong Kong Public Offering Applications exceeds the total number of Hong Kong Public Offer Shares initially available under the Hong Kong Public Offering; and (c) the basis of allocation of the Hong Kong Public Offer Shares.

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 underlying basis of allocation is as follows:

Basis of allocation. The CMA and the ▇▇▇ 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. 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. 5.3.1 The Company agrees that the Overall Coordinators will have the exclusive right and power, acting reasonably, on and subject to the terms and conditions of the Hong Kong Public Offering Documents and this Agreement, to: (a) reject or accept in whole or in part any Hong Kong Public Offering Application; and (b) where the number of Hong Kong Offer Shares under Accepted Hong Kong Public Offering Applications exceeds the total number of Hong Kong Offer Shares, determine the basis of allocation of the Hong Kong Offer Shares. 5.3.2 The Company must, and will use its reasonable endeavours to procure the Receiving Bank and the Hong Kong Registrar to, provide, as soon as practicable after the close of the Application Lists, the Overall Coordinators with such information, calculations and assistance as the Overall Coordinators may reasonably require, including: (a) in the event of a Hong Kong Public Offering Under-Subscription, the number of Hong Kong Offer Shares which falls short of the total number of Hong Kong Offer Shares before adjustment and reallocation pursuant to this Agreement; (b) in the event of a Hong Kong Public Offering Over-Subscription, the number of Hong Kong Offer Shares under Accepted Hong Kong Public Offering Applications which exceeds the total number of Hong Kong Offer Shares before adjustment and reallocation in accordance with this Agreement; and (c) the level of acceptances and basis of allocation of the Hong Kong Offer Shares.

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. 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 ▇▇▇▇▇▇▇▇ 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 ▇▇▇▇▇▇▇▇ 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. 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 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 In respect of a Non-OBA Day: (a) the quantity to be allocated by GNI to each GNI Shipper in each Direction is determined by GNI in accordance with the allocation rules in GNI's Transportation Arrangements (and on NGG's request GNI will inform NGG of such allocation rules); (b) provided that GNI (UK) provides to NGG an allocation advice for the Gas Day in compliance with the requirements in paragraph 3, the quantity to be allocated by NGG to each NGG Shipper in each Direction is determined as the sum of the Counterparty Shipper Allocations for that NGG Shipper in that Direction; (c) if GNI (UK) does not provide to NGG such a statement for the Gas Day, the quantity to be allocated by NGG to each Shipper in each Direction is determined in accordance with the alternative allocation rules in NGG's Transportation Arrangements.