Basis of distribution. To enable it to make any distribution, the Security Agent may fix a date as at which the amount of the Liabilities is to be calculated and may require, and rely on, a certificate from any Finance Party giving details of:
(a) any sums due or owing to any Finance Party as at that date; and
(b) such other matters as it thinks fit.
Basis of distribution. 12.1 Distributions by the UK Security Trustee shall be made at such times as the UK Security Trustee in its absolute discretion determines.
12.2 To enable it to make any distribution, the UK Security Trustee may fix a date as at which the amount of the Secured Liabilities is to be calculated. Any such date must not be more than 30 days before the proposed date of the relevant distribution.
12.3 For the purpose of determining the amount of any payment to be made to any Finance Party, the UK Security Trustee shall be entitled to call for a certificate of the amount, currency and nature of the Secured Liabilities owing or incurred to the relevant Finance Party at the date fixed by the UK Security Trustee for such purpose and as to such other matters as the UK Security Trustee thinks fit. The UK Security Trustee shall be entitled to rely on any such certificate.
12.4 If any future or contingent liability included in the calculation of Secured Liabilities finally matures, or is settled, for less than the future or contingent amount provided for in that calculation, the relevant Finance Party shall notify the UK Security Trustee of that fact and such adjustment shall be made by payment by that Finance Party to the UK Security Trustee for distribution amongst the Finance Parties of such amount as may be necessary to put the Finance Parties into the position they would have been in (but taking no account of the time cost of money) had the original distribution been made on the basis of the actual as opposed to the future or contingent liability.
12.5 Any distribution by the UK Security Trustee which later transpires to have been, or is agreed by the UK Security Trustee to have been, invalid or which has to be refunded shall be refunded and shall be deemed never to have been made.
Basis of distribution. To enable it to make any distribution, the Security Agent may fix a date as at which the amount of the Liabilities is to be calculated and may require, and rely on, a certificate from any Secured Party giving details of:
(a) any sums due or owing to any Secured Party as at that date; and
(b) such other matters as it thinks fit.
Basis of distribution. For the purpose of any distribution by the Security Trustee, the Security Trustee may fix a date as at which the amount of the Secured Obligations is to be calculated. Any such date must not be more than 10 days before the proposed date of the relevant distribution. For the purposes of determining the amount of any payment to be made pursuant to Clause 5.1 (Order of Application) to any Secured Party, the Security Trustee shall be entitled to call for a certificate of the amount, currency and nature of any Secured Obligation due, owing or incurred to the relevant Secured Party at the date fixed by the Security Trustee for such purpose and as to such other matters as the Security Trustee may deem necessary or desirable to enable it to make a distribution. The Security Trustee shall be entitled to rely on any such certificate.
Basis of distribution. For the purpose of any distribution by the Security Trustee, it may:
(a) fix a date as at which the amount of the indebtedness under the Facilities is to be calculated; and
(b) call for, and rely on, a certificate giving details of any sums due or owing (including by way of Contingent Indebtedness) to any Creditor at the date fixed by the Security Trustee for that purpose and as to such other matters as the Security Trustee thinks fit to enable it to make that distribution.
Basis of distribution. To enable it to make any distribution, the Security Trustee may fix a date as at which the amount of the Secured Liabilities is to be calculated and may require, and rely on, a certificate from any Finance Party giving details of:
Basis of distribution. The apportionment and basis of distribution of the Notes and surplus of cash and assets will be approximately based on the original subscription amounts for each existing share in WaferGen Malaysia (at the prevailing or assumed USD exchange rate) held or to be held by each Shareholder as follows: MTDC (Series C RCPS) 3,233,734 5,000,000 MTDC (Series A RCPS) 888,888 2,000,000 WaferGen US (Series B RCPS) 854,723 1,923,128 WaferGen US (Ordinary shares) 300,000 100,000 # # assumed exchange rate of USD1:RM3.00 and further summarised as follows : MTDC 7,000,000 77.58 52 WaferGen US 2,023,128 22.42 14 Final distribution of surplus assets will also be based on the same percentages in Table 2 above.
Basis of distribution. To enable it to make a distribution, the Intercreditor Agent may fix a date as at which the amount of the Liabilities is to be calculated and may require, and rely on, a certificate from any Party giving details of:
Basis of distribution. Each Eligible Employee will receive a pro rata share of the lump sum based on the Eligible Employee’s Considered Earnings for the period specified below to the aggregate of all Considered Earnings for all Eligible Employees over the same period.
Basis of distribution. For the purpose of any distribution by the Security Trustee, the Security Trustee may fix a date as at which the amount of the Obligations is to be calculated and may call for, and rely on, a certificate giving details of any sums due or owing to any Secured Party at the date fixed by the Security Trustee for that purpose and as to such other matters as the Security Trustee thinks fit to enable it to make that distribution.
