Contributions to Fund a Distribution Shortfall Sample Clauses

Contributions to Fund a Distribution Shortfall. (i) With respect to any Fiscal Period in respect of which one Partner has a Net Cash Flow Distribution Shortfall, provided that the other Partner has a Net Cash Flow Distribution Excess at such time, the Partner with the Net Cash Flow Distribution Excess shall be required to contribute cash to the Partnership in an amount equal to the lesser of (A) the amount of the Net Cash Flow Distribution Shortfall with respect to the other Partner, or (B) the amount of such Partner’s Net Cash Flow Distribution Excess, determined in each case without taking into account the amount required to be contributed pursuant to this Section 4.3(e)(i). Notwithstanding the foregoing, in the event of a Net Cash Flow Distribution Shortfall with respect to Intrawest in any Fiscal Period in which any interest is accrued but unpaid with respect to the Intrawest First Tier Mezzanine Debt or the Intrawest Second Tier Mezzanine Debt, and further provided that both a Net Cash Flow Distribution Excess exists at such time with respect to CNL and all interest accrued with respect to the CNL First Tier Mezzanine Debt and the CNL Second Tier Mezzanine Debt for the current and all prior Fiscal Periods has been paid, then in lieu of making all or a portion of the contribution required to be made by CNL pursuant to this Section 4.3(e)(i), CNL may fund or arrange the funding of such amount as (I) CNL Subordinated Junior Mezzanine Debt or (II) a contribution by one or more of the CNL Beneficiaries to the CNL VILLAGE RETAIL PARTNERSHIP, LP 36 Amended and Restated Limited Partnership Agreement v2 Trust, and the amount of any such loan or contribution shall be deemed contributed to the Partnership for purposes of thereafter determining if CNL has a Net Cash Flow Distribution Excess. Any amount actually contributed to the Partnership pursuant to the provisions of this Section 4.3(e)(i) shall thereafter be treated as Net Cash Flow available for distribution pursuant to Section 5.1(a) with respect to such Fiscal Period.
Sample 1
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Related to Contributions to Fund a Distribution Shortfall

  • Pro Rata Distributions During such time as this Warrant is outstanding, if the Company shall declare or make any dividend or other distribution of its assets (or rights to acquire its assets) to holders of shares of Common Stock, by way of return of capital or otherwise (including, without limitation, any distribution of cash, stock or other securities, property or options by way of a dividend, spin off, reclassification, corporate rearrangement, scheme of arrangement or other similar transaction) (a “Distribution”), at any time after the issuance of this Warrant, then, in each such case, the Holder shall be entitled to participate in such Distribution to the same extent that the Holder would have participated therein if the Holder had held the number of shares of Common Stock acquirable upon complete exercise of this Warrant (without regard to any limitations on exercise hereof, including without limitation, the Beneficial Ownership Limitation) immediately before the date of which a record is taken for such Distribution, or, if no such record is taken, the date as of which the record holders of shares of Common Stock are to be determined for the participation in such Distribution (provided, however, that, to the extent that the Holder’s right to participate in any such Distribution would result in the Holder exceeding the Beneficial Ownership Limitation, then the Holder shall not be entitled to participate in such Distribution to such extent (or in the beneficial ownership of any shares of Common Stock as a result of such Distribution to such extent) and the portion of such Distribution shall be held in abeyance for the benefit of the Holder until such time, if ever, as its right thereto would not result in the Holder exceeding the Beneficial Ownership Limitation).

  • ALLOCATION OF CONTRIBUTIONS If the application is in good order, the initial Contribution will be applied within two Business Days of receipt at the Retirement Resource Operations Center. During the right to cancel period, all Contributions will be allocated in one or more of the Sub-Account(s) as specified in the application. During the right to cancel period, the Owner may change the allocations to the Sub-Accounts. Subsequent Contributions will be allocated to the Annuity Account in the proportion Requested by the Owner. If there are no accompanying instructions, then allocations will be made in accordance with standing instructions. Allocations will be effective upon the Transaction Date.

  • Contribution Payment To the extent the indemnification provided for under any provision of this Agreement is determined (in the manner hereinabove provided) not to be permitted under applicable law, the Company, in lieu of indemnifying Indemnitee, shall, to the extent permitted by law, contribute to the amount of any and all Indemnifiable Liabilities incurred or paid by Indemnitee for which such indemnification is not permitted. The amount the Company contributes shall be in such proportion as is appropriate to reflect the relative fault of Indemnitee, on the one hand, and of the Company and any and all other parties (including officers and directors of the Company other than Indemnitee) who may be at fault (collectively, including the Company, the "Third Parties"), on the other hand.

  • Final Distributions Section 8.01. Sale of Receivables or Certificateholders' Interest pursuant to Section 2.06 or 10.01 of the Agreement and Section 7.01 or 7.02 of this Supplement.

  • Cash Flow Distributions The Cash Flow of the Company, if any, shall be distributed to the Member subject to any limitations on the Company’s ability to make distributions imposed by the Company’s lenders or by applicable law.

  • Distributions Payable in Cash; Redemption Payments In the event that the Board of the Investment Company shall declare a distribution payable in cash, the Investment Company shall deliver to FTIS written notice of such declaration signed on behalf of the Investment Company by an officer thereof, upon which FTIS shall be entitled to rely for all purposes, certifying (i) the amount per share to be distributed, (ii) the record and payment dates for the distribution, and (iii) that all appropriate action has been taken to effect such distribution. Once the amount and validity of any dividend or redemption payments to shareholders have been determined, the Investment Company shall transfer the payment amounts from the Investment Company's accounts to an account or accounts held in the name of FTIS, as paying agent for the shareholders, in accordance with any applicable laws or regulations, and FTIS shall promptly cause payments to be made to the shareholders.

  • Regular Distributions Subject to the rights of the holders of Preferred Units ranking senior to or on parity with the Series H Preferred Units, the holders of Series H Preferred Units shall be entitled to receive on each Distribution Payment Date, out of assets of the Partnership legally available for the payment of the distributions, monthly cumulative cash distributions at the following rates per annum on the $1,000 liquidation preference per Series H Preferred Unit:

  • Capital Contributions Distributions 10 SECTION 5.1

  • Residual Distributions If the Liquidation Preference has been paid in full to all holders of Designated Preferred Stock and the corresponding amounts payable with respect of any other stock of the Corporation ranking equally with Designated Preferred Stock as to such distribution has been paid in full, the holders of other stock of the Corporation shall be entitled to receive all remaining assets of the Corporation (or proceeds thereof) according to their respective rights and preferences.

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