Capital Payments. (a) Subject to the terms of this Article 12, (i) Class B Preferred Securityholders shall receive periodic Capital Payments, if any, in accordance with Article 10 of this Agreement only when, as and if declared or deemed declared by the Board of Directors and (ii) Class A Preferred Securityholders and Common Securityholders shall receive periodic distributions, subject to Article 10 of this Agreement and to the provisions of the LLC Act, only when, as and if declared by the Board of Directors.
Capital Payments. 11.2.1 There shall be no federal, territorial or local govermnent tax or other similar charge exigible in respect of, or reduction to the cost or capital cost of, property acquired as a result of the receipt by a designated Gwich’in organization of, or the receipt by a settlement corporation that may reasonably be considered to be a receipt of, amounts that are:
Capital Payments. (a) Capital Payments on the Trust Preferred Securities shall be due and payable to the extent Capital Payments on the Class B Preferred Securities have been declared and paid (or have been deemed declared, even if the deemed declared Capital Payments on the Class B Preferred Securities were not authorized to be paid due to a lack of Operating Profits at the Company). Holders of the Trust Preferred Securities shall be entitled to receive due and payable Capital Payments in cash on the Trust Preferred Securities held by them, on a non-cumulative basis, payable quarterly in arrears on each Payment Date. Capital Payments on the Trust Preferred Securities payable on each Payment Date shall accrue for the related Payment Period.
Capital Payments. On the happening of an Accident giving rise to a claim under any of Items 1-7, this insurance will not cover any further Accidents to that Insured Person in the same Period of Insurance.
Capital Payments. 7.25 The annual payments from Québec constitute capital payments paid to the benefit of the Xxxxx Bay Xxxxx and Cree Bands pursuant to the JBNQA for community and economic development purposes. Chapter 8 -- CREE DEVELOPMENT CORPORATION CREATION OF CREE DEVELOPMENT CORPORATION
Capital Payments. Arrears of Payments and other distributions on the Upper Tier 2 Percentage of the Trust Preferred Securities shall be paid out of, and amounts available to the Trust for such payments shall be limited to, amounts received by the Trust from the Company with respect to the Upper Tier 2 Percentage of the Class B Preferred Securities pursuant to the provisions of the LLC Agreement and from the Guarantor pursuant to the Class B Preferred Guarantee or the Trust Preferred Guarantee (including payments by the Guarantor under the Trust Preferred Guarantee to fund Capital Payments on the Upper Tier 2 Percentage of the Trust Preferred Securities in the event of non-payment of deemed declared Capital Payments on the Upper Tier 2 Percentage of the Class B Preferred Securities due to a lack of Operating Profits at the Company). 37
Capital Payments. (A) On each of the Final Order Date and on the tenth (10th) anniversary of the Final Order Date, Licensee shall be credited with [***] to be used for capital purchases as described in this Section 5(a) (each a "CAPITAL PAYMENT"). Licensee may use each Capital Payment to order from Clearwire any hardware, software or consulting services for Licensee, [***] and Permitted End Users to design, implement, access and use any Clearwire Goods or Third Party Services ("CAPITAL GOODS"). For example, and for illustrative purposes only, Licensee may purchase networking equipment, end user equipment, wiring, routers, local distribution networks, hardware or software upgrades and consulting time for current or future technologies and services. Notwithstanding the foregoing, the Parties agree that up to [***] of each Capital Payment must be used, if at all, to purchase Capital Goods from Clearwire and [*** Confidential Treatment Requested] up to [***] may be used to purchase Capital Goods available from third parties to the extent Clearwire does not have such Capital Goods available; [***].
Capital Payments. (a) Capital Payments on the Trust Preferred Securities shall be due and payable to the extent Capital Payments on the Class B Preferred Securities have been declared (or have been deemed declared, even if the deemed declared Capital Payments on the Class B Preferred Securities were not authorized to be paid due to a lack of Operating Profits at the Company) and made by the Company and received by the Property Trustee as holder of the Class B Preferred Securities. Capital Payment on the Class B Preferred Securities will be made only when, as and if declared, or deemed declared, by the Company’s board of directors. Holders of the Trust Preferred Securities shall be entitled to receive due and payable Capital Payments in cash on the Trust Preferred Securities held by them, on a non-cumulative basis, payable quarterly in arrears on each Payment Date. Capital Payments on the Trust Preferred Securities payable on each Payment Date shall accrue for the related Payment Period.
Capital Payments. 2, (a), (1) SAWPA shall pay a sum equal to OCSD’s existing Treatment and Disposal Right charge for each 1 MGD Monthly Average Flow increment. N/A N/A N/A 2, (a), (1), (A) SAWPA shall acquire sufficient additional increments of the Treatment and Disposal Right so that its total Treatment and Disposal Right exceeds that Monthly Average Flow. N/A N/A N/A 2, (a), (2) SAWPA may elect to pay for an additional increment(s) of the Treatment and Disposal Right over a 10 year period. An interest rate would apply. N/A N/A N/A 2, (a), (2), (A) If SAWPA elects installment acquisition, OCSD shall recalculate monthly amount for each installment based on annual average BOD and SS loadings. N/A N/A N/A 2, (a), (2), (B) SAWPA may discontinue the acquisition of the increments of the Treatment and Disposal Right with a 15 day advance written notice. N/A N/A N/A 2, (a), (2), (C) If an additional increment is acquired following discontinuance of the acquisition of an increment, a credit equal to 75% (excluding N/A N/A N/A interest) is calculated as specified in Section 2(a)(2). 2, (a), (3) SAWPA is obligated to pay any amount owed to OCSD whether or not OCSD provides an invoice to SAWPA. N/A N/A N/A 3 Emergency Discharge SAWPA, in an operational emergency, may discharge in excess of its then-existing Treatment and Disposal Right for up to 90 days, provided that: SAWPA – Flow monitoring data. Policy, procedure or emergency plan. 3, (a) SAWPA provides written notice prior to or by the next business day identifying nature and duration of discharge and contact for further information. SAWPA – Records and correspondence with OCSD. 3, (b) OCSD may impose conditions on excess discharge to protect OCSD’s collection and treatment facilities. OCSD – Reports and flow monitoring data. 3, (c) Disposal costs and a surcharge may apply. N/A N/A N/A 3, (d) SAWPA shall immediately acquire additional increments after 90 days of exceeding its Treatment and Disposal Right. N/A N/A N/A
Capital Payments. Each Member Agency’s share of Net Capital Expenses will be allocated based upon such Member Agency’s percentage of Treatment Capacity as set forth in Exhibit A. For example, if a Member Agency owns 50% of Aggregate Treatment Capacity, then such Member Agency would be responsible for paying 50% of the Authority’s Net Capital Expenses.
