Distribution Assets and Distribution Liabilities Sample Clauses

Distribution Assets and Distribution Liabilities. The assets available for Appropriation are called Distribution Assets, comprising the relevant Allocation together with a number of other assets or claims for which the Company may be accountable to the TA Signatory. The liabilities that can be reduced by Appropriation are called Distribution Liabilities, comprising that TA Signatory’s Net Financial Liability (if any) together with any amount which the Company is required to withhold in respect of Retention Claims relating to such TA Signatory, such TA Signatory’s liability for costs and any other Ascertained Non-Financial Contract Liabilities. The reduction of Distribution Liabilities has specific legal effects, namely that it discharges the obligation of the TA Signatory to pay or account to the Company for such amount of liability that has been reduced. TA Signatories may also discharge their Distribution Liabilities by payment in cash to the Company at any time or by instructing the Company to apply its Collateral Amount in discharge of its Net Financial Liability (if it has made a Collateralisation Election). Distribution Liabilities may also be discharged by way of an Intermediary Retention.
Sample 1
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Distribution Assets and Distribution Liabilities. The Company will Appropriate Distribution Assets available to a Signatory to reduce the Distribution Liabilities applicable to such Signatory, subject to the general rules set out below and the specific circumstance (each specific circumstance is illustrated by a waterfall in paragraph 3 below). Certain Distribution Assets cannot be used to reduce certain Distribution Liabilities. Whether a certain Distribution Asset can be used to reduce a certain Distribution Liability will depend on the specific circumstance, including whether certain elections are made by the Signatory. Distribution Assets Distribution Liabilities Type A Type B Type A Type B ● Allocations of Assets (“Asset Allocation”)1 ● Collateral Allocations* ● Collateral Amount* ● Net Financial Claim ● Asset Shortfall Claim ● Any shortfall claim for Pre- Administration Client Money (“Pre- Administration Client Money Shortfall Claim”)* ● Shortfall For Appropriation* ● Costs Amount ● Ascertained Non- Financial Contract Liabilities ● Limited Ascertained Non-Financial Contract Liabilities ● Unfunded Retention Amount ● Affected Intermediary Derived Asset Liability* ● Uncollateralised Net Financial Liability ● Collateralised Net Financial Liability*
Sample 1

Related to Distribution Assets and Distribution Liabilities

  • Allocations and Distributions The LLC's profits and losses shall be allocated to the Member. At the time determined by a majority of the Managers, the Managers may cause the LLC to distribute to the Member any cash held by it which is neither reasonably necessary for the operation of the LLC nor the performance of its contractual obligations, nor which is in violation of Sections 18-607 or 18-804 of the Act or any contractual agreement binding on the LLC.

  • Unbundled Sub-Loop Distribution Intrabuilding Network Cable (USLD-INC) is the distribution facility owned or controlled by BellSouth inside a building or between buildings on the same property that is not separated by a public street or road. USLD-INC includes the facility from the cross connect device in the building equipment room up to and including the point of demarcation at the End User’s premises.

  • Capital Contributions and Distributions The Member may make such capital contributions (each a “Capital Contribution”) in such amounts and at such times as the Member shall determine. The Member shall not be obligated to make any Capital Contributions. The Member may take distributions of the capital from time to time in accordance with the limitations imposed by the Statutes.

  • IN-KIND DISTRIBUTIONS Subject to Section 00-00-000 of the Act, the Company may make in-kind distributions of the Company assets, provided the Members unanimously agree and such agreement is in writing. The fair market value of the property must be determined and agreed upon by the Members before the distribution is made. The receiving Member’s capital account shall be adjusted to reflect the value of the in-kind distribution.

  • Archival Back-Up and Disaster Recovery Licensee may use and copy the Product and related Documentation in connection with: i) reproducing a reasonable number of copies of the Product for archival backup and disaster recovery procedures in the event of destruction or corruption of the Product or disasters or emergencies which require Licensee to restore backup(s) or to initiate disaster recovery procedures for its platform or operating systems; ii) reproducing a reasonable number of copies of the Product and related Documentation for cold site storage. “Cold Site” storage shall be defined as a restorable back-up copy of the Product not to be installed until and after the declaration by the Licensee of a disaster; iii) reproducing a back-up copy of the Product to run for a reasonable period of time in conjunction with a documented consolidation or transfer otherwise allowed herein. “Disaster Recovery” shall be defined as the installation and storage of Product in ready-to-execute, back-up computer systems prior to disaster or breakdown which is not used for active production or development.

  • Unbundled Subloop Distribution (USLD) 2.8.2.1 The USLD facility is a dedicated transmission facility that BellSouth provides from an End User’s point of demarcation to a BellSouth cross-connect device. The BellSouth cross-connect device may be located within a remote terminal (RT) or a stand-alone cross-box in the field or in the equipment room of a building. The USLD media is a copper twisted pair that can be provisioned as a 2-wire or 4-wire facility. BellSouth will make available the following subloop distribution offerings where facilities exist: USLD – Voice Grade (USLD-VG) Unbundled Copper Subloop (UCSL) USLD – Intrabuilding Network Cable (USLD-INC (aka riser cable))

  • Claims Allocation and Handling Agreement General Clauses 16 and 17 of the Claims Allocation and Handling Agreement provide that claims between parties to it are limited to specified amounts unless the parties expressly contract otherwise.

  • Contribution Amounts The Sellers and the Underwriters agree that it would not be just or equitable if contribution pursuant to this Section 8 were determined by pro rata allocation (even if the Underwriters were treated as one entity for such purpose) or by any other method of allocation that does not take account of the equitable considerations referred to in Section 8(h). The amount paid or payable by an indemnified party as a result of the losses, claims, damages and liabilities referred to in the immediately preceding paragraph shall be deemed to include, subject to the limitations set forth above, any legal or other expenses reasonably incurred by such indemnified party in connection with investigating or defending any such action or claim. Notwithstanding the provisions of this Section 8, no Underwriter shall be required to contribute any amount in excess of the amount by which the total price at which the Shares underwritten by it and distributed to the public were offered to the public exceeds the amount of any damages that such Underwriter has otherwise been required to pay by reason of such untrue or alleged untrue statement or omission or alleged omission. No person guilty of fraudulent misrepresentation (within the meaning of Section 11(f) of the Securities Act) shall be entitled to contribution from any person who was not guilty of such fraudulent misrepresentation. The remedies provided for in this Section 8 are not exclusive and shall not limit any rights or remedies which may otherwise be available to any indemnified party at law or in equity.

  • Listing Inclusion and Distribution Verizon shall include each CBB Customer’s primary listing in the appropriate alphabetical directory and, for business Customers, in the appropriate classified (Yellow Pages) directory in accordance with the directory configuration, scope and schedules determined by Verizon in its sole discretion, and shall provide initial distribution of such directories to such CBB Customers in the same manner it provides initial distribution of such directories to its own Customers. “

  • Distribution of Assets In case the Company shall declare or make any distribution of its assets (including cash) to holders of Common Stock as a partial liquidating dividend, by way of return of capital or otherwise, then, after the date of record for determining shareholders entitled to such distribution, but prior to the date of distribution, the holder of this Warrant shall be entitled upon exercise of this Warrant for the purchase of any or all of the shares of Common Stock subject hereto, to receive the amount of such assets which would have been payable to the holder had such holder been the holder of such shares of Common Stock on the record date for the determination of shareholders entitled to such distribution.

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