DISPOSITION OF Sample Clauses

DISPOSITION OF. SURFACE The right to lease, grant right-of-way, sell or otherwise dispose of the surface of the land embraced within this lease under existing laws or laws hereafter enacted, or in accordance with the Rules of the Board of Land commissioners, insofar as the surface is not necessary for the use of the lessee in the extraction and removal of the coal therein, except where such surface rights have been sold or otherwise disposed of by the State of Wyoming.

DISPOSITION OF. A MATERIAL PORTION OF ITS ASSETS. Sell, lease, transfer or otherwise dispose of any material portion of its assets, unless any such disposition is of property other than the Collateral and is in the ordinary course of business for a full and fair consideration, which in no event shall include a transfer for full or partial satisfaction of a preexisting debt.

DISPOSITION OF. QRS Deposit after September 30, 2006. In addition to serving as an assurance of QRS performance under the Master Lease prior to the Commencement Date, it is intended that the QRS Deposit be paid to Master Landlord towards the monthly Fixed Rent obligation under the Master Lease for the period commencing on October 1, 2006 and expiring on September 30, 2008. Accordingly, commencing on October 1, 2006 and on the first day of each month thereafter until but including September 1, 2008, Escrow Holder shall pay to Master Landlord the sum of One Hundred Forty Eight Thousand Three Hundred Forty One and 45/100 Dollars ($148,341.45) from the QRS Deposit, and each such monthly payment shall satisfy the Fixed Rent payable by QRS under the Master Lease. If on September 30, 2008 any sums remain in the QRS Escrow Account, the QRS Deposit in the amount then existing in the QRS Escrow Account shall be disbursed to QRS at QRS’ direction.

DISPOSITION OF. PROJECT FUND MONEYS AFTER PROJECT IS IN SERVICE OR UPON DETERMINATION NOT TO COMPLETE THE PROJECT. Any moneys ("EXCESS FUNDS") (including investment proceeds) remaining in the Project Fund on the earlier of the following dates (the "REMEDIAL ACTION DATE") (i) the date on which the Company determines that the Project will not be completed; or (ii) the date on which the entire Project is placed in service (I.E., the date the Project is operating at substantially the level for which it is designed), shall be used at the direction of the Company Representative in accordance with Treasury Regulation 1.142-2 (the "PLACED IN SERVICE DATE") for one or more of the following purposes: (1) for the payment, in accordance with the provisions of this Indenture, of any Project Costs not theretofore paid; (2) for the payment of costs of any additional improvements to be installed or constructed on the Project Site upon compliance with Section 3.2 of the Loan Agreement; (3) to pay principal or interest on the Bonds when due; or (a) to pay, on or before 90 days following the Remedial Action Date, all or part of the price of purchasing a portion of the Series 1997 Bonds on tender, in the open market or at private sale, at a purchase price not in excess of 100 percent of the principal amount of such Series 1997 Bonds plus accrued interest to the date of such purchase for the purpose of cancellation; (b) if the Series 1997 Bonds are callable within 90 days following the Remedial Action Date, to pay, on or before 90 days following the Remedial Action Date, all or part of the redemption price of a portion of the Series 1997 Bonds; or (c) if the Series 1997 Bonds are not callable within 90 days following the Remedial Action Date, for transfer into an escrow account established with the Trustee, upon filing required notice to the Internal Revenue Service, such transfer and notice to be on or before 90 days following the Remedial Action Date, to be used to pay, on the first date on which Series 1997 Bonds may be redeemed, but in any event within ten and one-half years from the date of issuance of the Series 1997 Bonds, all or part of the redemption price of a portion of the Series 1997 Bonds; PROVIDED, that, except for the purpose described in subparagraph (1) above, no money, including earnings on the investment on such moneys, may be so used unless and until the Trustee has been furnished with a Favorable Opinion of Tax Counsel; PROVIDED FURTHER that the earnings on the investmen...

DISPOSITION OF. PROCEEDS ON EXERCISE OF WARRANTS; INSPECTION OF WARRANT AGREEMENT. The Warrant Agent shall account promptly to the Bank with respect to Warrants exercised and concurrently pay to the Bank all monies received by the Warrant Agent for the purchase of the Warrant, Shares through the exercise of such Warrants. The Warrant Agent shall keep copies of this Agreement and any notices given or received hereunder available for inspection by the Holders during normal business hours at its principal office. The Bank shall supply the Warrant Agent from time to time with such numbers of copies of this Agreement as the Warrant Agent may request.

DISPOSITION OF. ALL OR SUBSTANTIALLY ALL". The disposition by the Corporation of all or substantially all of the assets of the Corporation, as contemplated herein, notwithstanding that the Executive's services were or were not principally performed for such business.

DISPOSITION OF. Common Stock Prior to the Cover Date and Not ----------------------------------------------------------- Governed by Section 5.2(a). If the disposition is of Common Stock prior to the -------------------------- Cover Date and is not otherwise governed by Section 5.2(a), then the proceeds of such disposition shall be distributed to the Class B Members as a group; provided, however, that if such disposition of Common Stock occurs within 90 days of the date of a Preferred Stock Disposition unless all Class A Members are Delinquent, the proceeds of such disposition of Common Stock shall first be distributed to the Class A Members as a group to the extent that any Basic Threshold Return and any of the Class A Members' Capital Contributions as of the date of the Preferred Stock Disposition remains unpaid and unreturned, as the case may be, after the proceeds of the Preferred Stock Disposition have been distributed in accordance with Sections 5.2(b)(i) and (ii). The distribution of proceeds to the Class A Members as a group hereunder shall be made in accordance with the Distribution Hierarchy set forth in Section 5.2(b).

DISPOSITION OF. PRODUCTION 37 ARTICLE 16. CONSIDERATION 38

DISPOSITION OF. PROCEEDS ON EXERCISE OF CLASS A WARRANT CERTIFICATES, ETC. The Warrant Agent shall account promptly to the Company with respect to Class A Warrants exercised and concurrently pay to the Company all moneys received by the Warrant Agent for the purchase of securities or other property through the exercise of such Class A Warrants. The Warrant Agent shall keep copies of this Agreement available for inspection by Class A Warrantholders during normal business hours at its stock transfer office. Copies of this Agreement may be obtained upon written request addressed to the Warrant Agent at its stock transfer office in Freeport, New York.

DISPOSITION OF. FRACTIONS In computing a rate based on a percentage of another rate, the following rule shall be observed in the disposition of fractions.