Certain Allocations. If shares of Additional Stock are issued or sold together with other securities or other assets of the Company for a consideration which covers more than one of the foregoing categories of securities and assets, the consideration received or receivable (computed as provided in Sections 3(f)(i) and 3(f)(ii)) shall be allocable to such shares of Additional Stock as reasonably determined in good faith by the board of directors of the Company (provided such allocation is set forth in a written resolution and a certified copy thereof is furnished to the Holder of this Warrant promptly (but in any event within thirty (30) days following its adoption).
Certain Allocations. Each Originator, as Local Servicer, hereby agrees that if it can attribute a Collection to a specific Obligor and a specific Receivable, then such Collection shall be applied to pay such Receivable of such Obligor, provided, however, that if it cannot attribute a Collection to a specific Receivable, then such Collection shall be applied to pay the Receivables of such Obligor in the order of maturity of such Receivables, beginning with the Receivable that has been outstanding the shortest and ending with the Receivable that has been outstanding the longest.
Certain Allocations. Each Seller and the Buyer hereby agree that, unless otherwise required by applicable Law or unless an Obligor designates that a payment be applied to a specific Receivable, all Collections from an Obligor shall be applied to the oldest Receivables (whether or not such Receivables are Purchased Receivables) of such Obligor.
Certain Allocations. The Contributor, as Local Servicer, hereby ------------------- agrees that if the Contributor can attribute a Collection to a specific Obligor and a specific Receivable, then such Collection shall be applied to pay such Receivable of such Obligor; provided, however, that if the Contributor cannot -------- ------- attribute a Collection to a specific Receivable, then such Collection shall be applied to pay the Receivables of such Obligor in the order of maturity of such Receivables, beginning with the Receivable that has been outstanding the longest and ending with the Receivable that has been outstanding the shortest.
Certain Allocations. For purposes of this Article III, items financed through indebtedness of, or from revenues of, the Company shall be treated as funded from contributions made by the Members to the Company in accordance with their Percentage Interests. “Nonrecourse deductions,” as defined by Treasury Regulations Section 1.704-2(b)(1) shall be allocated among the Members in proportion to their respective Percentage Interests.
Certain Allocations. The Transferor and the Transferee hereby agree that, unless otherwise required by applicable Law or unless an Obligor designates that a payment be applied to a specific Receivable, all Collections from an Obligor shall be applied to the oldest Receivables (whether or not such Receivables are Transferred Receivables) of such Obligor.
Certain Allocations. Section 2.1 General Rule 9 Section 2.2 Federal Income Tax Relating to Joint Returns 10
Certain Allocations. For purposes of Regulation Section 1.752-3(a)(3), the Partners agree that Nonrecourse Liabilities of the Partnership in excess of the sum of the amount of Partnership Minimum Gain and the total amount of Nonrecourse Built-In Gain shall be allocated first to account for any income or gain to be allocated to the Additional Limited Partners pursuant to Sections 2.B and 2.D of Exhibit C and the allocations herein, and then among the Partners in accordance with their respective Percentage Interests, or as is otherwise permissible in accordance with Regulation Section 1.752-3(a)(3). For the avoidance of doubt, this Section and any other applicable provision of this Agreement, including any Exhibits hereof or thereof, shall be interpreted as specifying the allocations of excess Nonrecourse Liabilities, as determined by the General Partner from time to time, that are intended to reflect the Partners’ respective shares of Partnership profits for purposes of Regulation Section 1.752-3(a)(3).
Certain Allocations. The Seller hereby agrees that, following the occurrence of an Early Termination, all Collections and other proceeds received in respect of Receivables generated by the Seller shall be applied, first, to pay the out standing Principal Amount of Purchased Receivables (as of the date of such Early Termination) of the Obligor to whom such Collections are attributable until such Purchased Receivables are paid in full and, second, to the Seller to pay Receivables of such Obligor not sold to the Company; provided, however, that notwithstanding the foregoing, if the Seller can attribute a Collection to a specific Obligor and a specific Receivable, then such Collection shall be applied to pay such Receivable of such Obligor; and the Company and the Servicer shall take such action as the Seller may reasonably request, at the expense of the Seller, to assure that any Receivable not sold to the Company, the Related Property and Collections with respect thereto do not remain commingled with other Collections hereunder and are immediately paid to the Seller.
Certain Allocations. It is agreed between the Members that Bayer ------------------- is funding, to the extent of Bayer's Capital Contributions under Section 4.2 hereof and to the extent of its milestone payments under the LLC Collaboration Agreement, all expenditures for research and experimentation of the LLC, whether directly or as paid by the LLC to Exelixis under the LLC Collaboration Agreement, and that Bayer will be allocated all deductions for expenditures under Code Section 174 (and all associated credits under Section 41 of the Code) to the extent of the deductions funded through such Capital Contributions and milestone payments. All other expenditures under Code Section 174 (and associated credits) will be allocated in proportion to Percentage Interests of the Members.
