Distribution of Remaining Funds. 81. Within thirty (30) days after the latest issued check is no longer valid pursuant to Paragraph 80, the Settlement Administrator shall distribute any funds remaining in the Administration Account, at the election of Class Counsel, to either: (a) Settlement Class Members who received Settlement Payments on a pro rata basis, to the extent feasible and practical in light of the costs of administrating such payments; or (b) to Texas Jump$tart Coalition for Personal Financial Literacy as designated cy pres recipient. All costs associated with the disbursement of residual funds pursuant to this Paragraph shall be paid from the Settlement Amount. In the event no money remains in the Settlement Amount within thirty (30) days after the latest issued check is no longer valid pursuant to Paragraph 80, the Settlement Administrator shall have no obligation to make any residual distribution.
Distribution of Remaining Funds. (A) If the IPO closes prior to July 1, 2007 and no adjustment to the Share Price is triggered, the Investors and Sellers shall promptly authorize the Escrow Agent to release all funds in the Escrow Account (including all accrued interest) to the Sellers on a pro rata basis by executing an appropriate Escrow Release Notice. 13 Share Purchase Agreement
(B) If a compensation payment has been made to the Investors pursuant to Section 5.04 and funds remain in the Escrow Account, the Investors and Sellers shall promptly authorize the Escrow Agent to release all funds in the Escrow Account to the Sellers on a pro rata basis, by executing an appropriate Escrow Release Notice. However, in such case any remaining accrued interest shall be distributed on a pro-rata basis to the recipients of the Escrow Funds.
Distribution of Remaining Funds. (a) After all claims are paid in accordance with Section 3.2 and all appeals are resolved in accordance with Section 4.2(f), any funds remaining in the Benefit Fund shall be paid to Chattem.
(b) If, after all claims are paid in accordance with Section 3.3, any funds remain in the Extraordinary Damages Fund, Class Counsel shall propose an equitable distribution plan for approval by the Trial Court.
Distribution of Remaining Funds. 31 Section 11.7 Notice to Parties ......................................... 31 Section 11.8 Receipt of Documentation .................................. 32 Section 11.9 No Third Party Beneficiaries .............................. 32 Section 11.10 Entire Agreement ......................................... 32 Section 11.11 Governing Law ............................................ 32 Section 11.13
Distribution of Remaining Funds. Any amount remaining from the Settlement Fund described in Section
Distribution of Remaining Funds. Any cash remaining after satisfaction of the provisions of subsections (a) through (b) shall be distributed to the Members in proportion to the Members’ respective Units.
Distribution of Remaining Funds. If, upon the expiration of the Term or the termination of the Lease, Landlord has not obtained the necessary Approvals to operate the Gaming Operations, and there are funds remaining in any of the reserve funds established under this Lease or the Cash Management Agreement (the “Remaining Funds”), the Remaining Funds will be used to pay down any remaining balance of principal and interest on the Shortfall Note and the Working Capital Note, and if any Remaining Funds still remain following the pay-down of the principal and interest on the Shortfall Note and the Working Capital Note (such remaining Remaining Funds, the “Additional Remaining Funds”), any such Additional Remaining Funds will be transferred into a separate account controlled jointly by Landlord and Tenant (with neither Landlord nor Tenant having authority to withdraw funds absent the joint signatures of both Landlord and Tenant), which account will hold such Remaining Funds until either Landlord obtains the necessary Approvals to operate the Gaming Operations or a successor licensee to Tenant is designated and able to receive the Additional Remaining Funds, whereupon such Additional Remaining Funds must be released to Landlord or the successor licensee, as applicable. Any Additional Remaining Funds transferred to a successor licensee succeeding Tenant will be transferred, free and clear of all liens other than those permitted under the Cash Management Agreement or this Lease. If, within one (1) year after the expiration of the Term or the termination of the Lease other than pursuant to Section 3.3(a) or due to an Event of Default, Landlord has neither obtained the necessary Approvals to operate the Gaming Operation or designated a successor licensee, and there are Additional Remaining Funds, such Additional Remaining Funds shall be transferred to Tenant.
Distribution of Remaining Funds. In consideration of a request for dismissal pursuant to Cal. R. of Court 3.770 of the related civil action captioned UCAN et al. v. Cingular Wireless LLC etc., Case No. GIC793634, J.C.C.P. No. 4348 (Cal. Super. Ct. San Diego Cty.), within thirty (30) days after completion of the process set forth in paragraphs 4 and 5, the parties shall submit a report to the Commission detailing how much money in refund checks have been cashed, how much money remains outstanding in issued checks and how much money remains in Reparations Funds A and/or B. The parties anticipate that this report would be submitted to the Commission approximately six months from the Effective Date. If any funds remain in Reparations Funds A and/or B, the Commission shall subsequently determine in a separate decision how any remaining funds are to be distributed or otherwise utilized, but no funds remaining in Reparations Funds A and/or B shall be returned to Cingular. Consistent with prior Commission decisions, including TURN v. Pacific Xxxx, 54 Cal. PUC 2d 122 (1994), In Re GTE California, 1998 Cal. PUC LEXIS 910 (1998), and In Re CTS International, 2000 Cal. PUC LEXIS 202 (2000), where the Commission has ordered distribution for other equitable purposes in addition to escheatment pursuant to C.C.P. Section 1519.5, some or all of such amounts may be distributed to the Telecommunications Consumer Protection Fund administered by the California Consumer Protection Foundation.
Distribution of Remaining Funds. The Parties intend that the entire Settlement Class Escrow Account be distributed pursuant to the claims administration process, and the distribution plan is designed to avoid remaining funds. To the extent that any funds remain, no portion of the Settlement Class Escrow Account shall be returned to Target. Any such remaining funds will be distributed by the Settlement Administrator as directed by the Court or its designee, upon application of
Distribution of Remaining Funds. Within thirty (30) days after the latest issued check is no longer valid pursuant to Paragraph 80, the Settlement Administrator shall distribute any funds remaining in the Administration Account, at the election of Class Counsel, to either: (a) Settlement Class Members who received Settlement Payments on a pro rata basis, to the extent feasible and practical in light of the costs of administrating such payments; or (b) to Utah Jump$tart Coalition as designated cy pres recipient. All costs associated with the disbursement of residual funds pursuant to this Paragraph shall be paid from the Settlement Amount. In the event no money remains in the Settlement Amount within thirty (30) days after the latest issued check is no longer valid pursuant to Paragraph 80, the Settlement Administrator shall have no obligation to make any residual distribution.
