Distribution to August Sample Clauses

Distribution to August. In the event ASTIHL fails to comply with Sections 5.13 and 8.5 of the Purchase Agreement regarding the delivery of financial statements, August shall be deemed to have suffered Indemnifiable Losses equal to the value of thirty-five Thousand (35,000) of the Escrow Shares and the Escrow Agent shall return or make a distribution to August of all thirty-five thousand (35,000) of the First Pool Escrow Shares in satisfaction of ASTIHL’s indemnification obligations to August Affiliates for breach of Section 5.13 or Section 8.5 or both. In the event ASTIHL fails to comply with either or both of Sections 5.21 and 5.22 of the Purchase Agreement, the Escrow Agent shall return or make a distribution to August of that number of Escrow Shares which is equal to the value of the Indemnifiable Losses suffered by August Affiliates as a result of such lack of compliance, valuing the Escrow Shares at a value of $6.50 per share, in satisfaction of ASTIHL’s indemnification obligations to August Affiliates. Notwithstanding the foregoing, not more than thirty-five thousand (35,000) Escrow Shares in the aggregate shall be distributed pursuant to this Section 2.3(a). The Escrow Agent shall make all distributions pursuant to this Section 2.3(a) within seven days of receipt of joint written instructions executed by August and ASTIHL in form substantially similar to Exhibit A attached hereto, setting forth the number of shares to be distributed.
Sample 1
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Distribution to August. In the event August Affiliates incur Xxxxxxx/ISOA Losses, the Escrow Agent shall return or make a distribution to August of that number of Escrow Shares (but not exceeding 180,000 shares) which is equal to the value of the Xxxxxxx/ISOA Losses suffered by August Affiliates, valuing the Escrow Shares at the closing price per share reported by Nasdaq on either the day of Final Resolution or Final Settlement, in satisfaction of ASTIHL’s indemnification obligations to August Affiliates. The Escrow Agent shall make all distributions pursuant to this Section 2.4(a) within seven days of receipt of joint written instructions executed by August and ASTIHL in form substantially similar to Exhibit A attached hereto, setting forth the number of shares to be distributed.
Sample 1

Related to Distribution to August

  • Distribution to ADS Holders Whenever the Company intends to distribute to the holders of the Deposited Securities rights to subscribe for additional Shares, the Company shall give notice thereof to the Depositary at least 60 days prior to the proposed distribution stating whether or not it wishes such rights to be made available to Holders of ADSs. Upon timely receipt of a notice indicating that the Company wishes such rights to be made available to Holders of ADSs, the Depositary shall consult with the Company to determine, and the Company shall determine, whether it is lawful and reasonably practicable to make such rights available to the Holders. The Depositary shall make such rights available to Holders only if (i) the Company shall have timely requested that such rights be made available to Holders, (ii) the Depositary shall have received satisfactory documentation within the terms of Section 5.7 hereof and (iii) the Depositary shall have determined that such distribution of rights is lawful and reasonably practicable. In the event any of the conditions set forth above are not satisfied, the Depositary shall proceed with the sale of the rights as contemplated in Section 4.4(b) below or, if timing or market conditions may not permit, do nothing thereby allowing such rights to lapse. In the event all conditions set forth above are satisfied, the Depositary shall establish an ADS Record Date (upon the terms described in Section 4.7 hereof) and establish procedures to distribute such rights (by means of warrants or otherwise) and to enable the Holders to exercise the rights (upon payment of applicable fees and charges of, and expenses incurred by, the Depositary and taxes and/or other governmental charges). Nothing herein shall obligate the Depositary to make available to the Holders a method to exercise such rights to subscribe for Shares (rather than ADSs).

  • What Forms of Distribution Are Available from a Xxxxxxxxx Education Savings Account Distributions may be made as a lump sum of the entire account, or distributions of a portion of the account may be made as requested.

  • Distribution of Reports to the Trustee and the Company; Advances by the Master Servicer. (See Section 4.04 of the Standard Terms)

  • Distribution of UDP and TCP queries DNS probes will send UDP or TCP “DNS test” approximating the distribution of these queries.

  • When Must Distributions from a Xxxx XXX Begin Unlike Traditional IRAs, there is no requirement that you begin distribution of your account during your lifetime at any particular age.

  • Distribution Compliance Period The Purchaser agrees not to resell, pledge or transfer any Purchased Shares within the United States or to any U.S. Person, as each of those terms is defined in Regulation S, during the 40 days following the Closing Date.

  • Distribution of Overtime Overtime shall be distributed as equally as feasible among qualified employees customarily performing the kind of work required, and currently assigned to the work unit in which the overtime is to be worked. When the assignment of overtime work causes an unusual burden upon the employee, the employee shall not be required to work overtime unless the absence would cause the Agency to be unable to meet its responsibilities.

  • Distributions Statements to Certificateholders Certificate Account and Special Payments Account................28 Section 4.02. Distributions from Certificate Account and Special Payments Account.........................................................28 Section 4.03. Statements to Certificateholders................................30 Section 4.04. Investment of Special Payment Moneys............................31 ARTICLE V THE COMPANY

  • Distribution of Agreement The Employer agrees to make available to each employee a copy of this Agreement and to provide a copy of the same Agreement to all new employees entering the employment of the Employer.

  • Notification to Union The Hospital will provide the union with a list, monthly of all hirings, lay-offs, recalls and terminations within the bargaining unit where such information is available or becomes readily available through the Hospital's payroll system."

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