Class 4 Mezzanine Claims Sample Clauses

Class 4 Mezzanine Claims. Each Complying Holder of a Class 4 Allowed Mezzanine Claim shall receive an Equityco Class 4 Warrant representing its Pro Rata Share of the Equityco Class 4 Warrants, as set forth in the Equityco Class 4 Warrant Agreement. The Distributions pursuant to this Section 1.10 shall be calculated based solely upon the principal amount of the Claims held by a Holder. Notwithstanding anything herein or in the Final Plan Documents to the contrary, the Disbursing Agent shall not be required to make any Cash payment less than twenty-five dollars ($25.00) to any Holder unless a request thereof is made in writing to the Debtors or Disbursing Agent, as applicable. If the Distribution to any Holder of an Allowed Claim set forth on the Claims List is returned as undeliverable, the Debtors shall use commercially reasonable efforts to determine the current address of such Holder and provide such information to the Disbursing Agent. The Disbursing Agent shall make additional attempts to deliver such Distribution in accordance with any new contact details provided by the Debtors. If, notwithstanding such commercially reasonable efforts, the Debtors are unable to determine the correct contact details or the Distribution is otherwise returned as undeliverable, such Distribution will be treated as Unclaimed Property on the Forfeiture Date in accordance with Section 1.11 of this Agreement. Notwithstanding anything in this Agreement, including this Section 1.10, or the Final Plan Documents to the contrary, with respect to any Holder of an Allowed Senior Lender Claim that constitutes a Non-Restructured Lender Claim set forth on the Claims List that receives the Option A Consideration that is a “Fund” (as defined in the Senior Credit Agreement), such Holder may elect to have any Option A Cash Consideration that would otherwise be payable to it instead transferred to an escrow account with an escrow agent to be held in escrow in the name of and in trust for and on behalf of such Holder and such transfer shall satisfy any obligation on the part of the Debtors and the Disbursing Agent to pay that Option A Cash Consideration to such Holder. Any amount of such Option A Cash Consideration held by an escrow agent with respect to such escrow account may, at the written request of such Holder, be withdrawn at any time. Without limiting the right of such Holder to apply any withdrawal from such escrow account in any manner and for any purpose such Holder sees fit, any withdrawal from such escr...
AutoNDA by SimpleDocs

Related to Class 4 Mezzanine Claims

  • Class Size The School shall be in compliance with Florida Constitutional Class Size Requirements, as applicable to charter schools.

  • Class Sizes In the annual assignment of duties, the designated supervisor shall consult with the department in determining appropriate class sizes for individual courses. In making such a determination, the designated supervisor shall consider operational requirements, sound pedagogical principles, and the workload implication of teaching such courses (also see Letter of Understanding #3).

  • Increases in Class Principal Balances of the Notes On each Payment Date on or prior to the Termination Date, the Class Principal Balance of each Class of Original Notes will be increased (in each case without regard to any exchanges of Class M Notes for MAC Notes) by the amount of the increase, if any, in the Class Notional Amount of the Corresponding Class of Reference Tranche due to the allocation of Tranche Write-up Amounts to such Class of Reference Tranche on such Payment Date pursuant to Section 3.03(c) above. If on the Maturity Date or any Payment Date a Class of MAC Notes is outstanding, all Tranche Write-up Amounts that are allocable to Class M Notes that were exchanged for such MAC Notes will be allocated to increase the Class Principal Balances or Notional Principal Amounts, as applicable, of such MAC Notes in accordance with the exchange proportions applicable to the related Combination.

  • Reductions in Class Principal Balances of the Notes On each Payment Date on or prior to the Termination Date, the Class Principal Balance of each Class of Original Notes will be reduced (in each case without regard to any exchanges of Exchangeable Notes for MAC Notes), without any corresponding payment of principal, by the amount of the reduction, if any, in the Class Notional Amount of the Corresponding Class of Reference Tranche due to the allocation of Tranche Write-down Amounts to such Class of Reference Tranche on such Payment Date pursuant to Section 3.03(b) above. If on the Maturity Date or any Payment Date a Class of MAC Notes is outstanding, all Tranche Write-down Amounts that are allocable to Exchangeable Notes that were exchanged for such MAC Notes will be allocated to reduce the Class Principal Balances or Notional Principal Amounts, as applicable, of such MAC Notes in accordance with the exchange proportions applicable to the related Combination.

  • Class All REMIC I Regular Interests or the Class R-1 Residual Interest having the same priority and rights to payments on the Mortgage Loans from the REMIC I Available Distribution Amount, all REMIC II Regular Interests or the Class R-2 Residual Interest having the same priority and rights to payments on the REMIC I Regular Interests from the REMIC II Available Distribution Amount, and all REMIC III Regular Interests or the Class R-3 Residual Interest having the same priority and rights to payments on the REMIC II Regular Interests from the REMIC III Available Distribution Amount, as applicable, which REMIC I Regular Interests, REMIC II Regular Interests, REMIC III Regular Interests and Class R Residual Interests, as applicable, shall be designated as a separate Class, and which, in the case of the Certificates (including the Class R Certificates representing ownership of the Class R Residual Interests), shall be set forth in the applicable forms of Certificates attached hereto as Exhibits A and B. Each Class of REMIC I Regular Interests and the Class R-1 Residual Interest shall be entitled to receive the amounts allocated to such Class pursuant to the definition of "REMIC I Distribution Amount" only to the extent of the REMIC I Available Distribution Amount for such Distribution Date remaining after distributions in accordance with prior clauses of the definition of "REMIC I Distribution Amount," each Class of REMIC II Regular Interests and the Class R-2 Residual Interest shall be entitled to receive the amounts allocated to such Class pursuant to the definition of "REMIC II Distribution Amount" only to the extent of the REMIC II Available Distribution Amount for such Distribution Date remaining after distributions in accordance with prior clauses of the definition of "REMIC II Distribution Amount" and each Class of REMIC III Regular Interests and the Class R-3 Residual Interest shall be entitled to receive the amounts allocated to such Class pursuant to the definition of "REMIC III Distribution Amount" only to the extent of the REMIC III Available Distribution Amount for such Distribution Date remaining after distributions in accordance with prior clauses of the definition of "REMIC III Distribution Amount."

  • Class Load 1. The teaching load of a teacher of the secondary school (six through twelve) will be limited to not more than five (5) preparations of different subject areas and/or levels. R: 03

  • Class Actions The Custodian shall use its best efforts to identify and file claims for the Fund(s) involving any class action litigation that impacts any security the Fund(s) may have held during the class period. The Trust agrees that the Custodian may file such claims on its behalf and understands that it may be waiving and/or releasing certain rights to make claims or otherwise pursue class action defendants who settle their claims. Further, the Trust acknowledges that there is no guarantee these claims will result in any payment or partial payment of potential class action proceeds and that the timing of such payment, if any, is uncertain. However, the Trust may instruct the Custodian to distribute class action notices and other relevant documentation to the Fund(s) or its designee and, if it so elects, will relieve the Custodian from any and all liability and responsibility for filing class action claims on behalf of the Fund(s). In the event the Fund(s) are closed, the Custodian shall only file the class action claims upon written instructions by an authorized representative of the closed Fund(s). Any expenses associated with such filing will be assessed against the proceeds received of any class action settlement.

  • Class Grievances Class grievances involving one or more supervisors and grievances involving an administrator above the building level may be initially filed by the Association at Step Two.

  • Maximum Class Size A. By September 7 of each year, no regular classroom teacher in an elementary school shall be assigned more than the number of students for each grade listed except as provided in 22-2-B and 22-8 below. K = 26 1-3 = 29 4-6 = 30 Combination = 27 Multi-Age Classes = 27

  • CLASS SIZE/STAFFING LEVELS The board will make every effort to limit FDK/Grade 1 split grades where feasible. APPENDIX A – RETIREMENT GRATUITIES

Time is Money Join Law Insider Premium to draft better contracts faster.