Effect of Exclusion. Any person or entity who is a member of the Settlement Class and who validly and timely requests exclusion from the Settlement shall not be a Settlement Class Member; shall not be bound by the Settlement Agreement; shall not be eligible to apply for or receive any benefit under the terms of the Settlement Agreement; and shall not be entitled to submit an Objection to the Settlement.
Effect of Exclusion. If a Care Partner or Downstream Care Partner is excluded from participation in Medicare, Medicaid, or any federal health care program, the Care Partner or Downstream Care Partner is removed from the Care Partner List effective no later than the effective date of exclusion.
Effect of Exclusion. Upon the exclusion of an Excluded Participant pursuant to the foregoing provisions, the Excluded Participant shall thereafter be released from further liability to the other parties to this Agreement, except (i) as provided in Section 21.1 and (ii) that the Excluded Participant shall, nevertheless, remain liable for its agreed upon contribution to Rocky Mountain Group's Transaction Expense Share with respect to Transaction Expenses which have been incurred through the date of the exclusion of the Excluded Participant from further participation in the transactions contemplated hereby.
Effect of Exclusion. Any person or entity who falls within the definition of the Subscriber Class and who validly and timely requests exclusion from the Settlement shall not be a Subscriber Class Member; shall not be bound by the Agreement; shall not be eligible to apply for any benefit under the terms of the Agreement; and shall not be entitled to submit an Objection to the Settlement. In the event that a Subscriber Class Member timely submits both an Objection and an Opt-Out Form, the Opt-Out Form shall prevail.
Effect of Exclusion. Cross-References. .. Signature Pages of Limited Partners Appendix I Definitions Schedule A Names, Addresses, Telefax Numbers and Subscriptions of Partners Schedule B Subscription Schedule Schedule C Escrow Agent Instructions Schedule D Tender-Related Documents Published by the Government in connection with the Tender for management of the Manof I Funds. THE LIMITED PARTNERSHIP INTERESTS REPRESENTED BY THIS LIMITED PARTNERSHIP AGREEMENT ARE SUBJECT TO RESTRICTIONS ON TRANSFERABILITY AND RESALE AND MAY NOT BE TRANSFERRED OR RESOLD EXCEPT AS PERMITTED UNDER APPLICABLE ISRAELI SECURITIES LAWS AND WITH THE APPROVAL OF THE GENERAL PARTNER (AS DEFINED HEREIN). INVESTORS SHOULD BE AWARE THAT THEY MAY BE REQUIRED TO BEAR THE RISKS OF THIS INVESTMENT FOR AN INDEFINITE PERIOD OF TIME. EXCEPT AS OTHERWISE PROVIDED IN THIS LIMITED PARTNERSHIP AGREEMENT, A LIMITED PARTNER MAY NOT SELL, ASSIGN, TRANSFER, PLEDGE OR OTHERWISE DISPOSE OF ALL OR ANY PART OF ITS INTEREST IN THE PARTNERSHIP UNLESS THE GENERAL PARTNER HAS CONSENTED THERETO.
Effect of Exclusion. If a Bank Regulated Partner is an Excused Partner with respect to any Portfolio Investment, then, notwithstanding any other provision of this Agreement, the following provisions shall be applied:
(i) The Capital Commitment of the Excused Partner shall not be reduced by such Excused Partner's share of any Capital Contributions called for by the Partnership to make such Excluded Investment;
(ii) Such Excused Partner shall receive no allocations of items of income, gain, loss, deduction or expense attributable to that Excluded Investment and no Distributions attributable to that Excluded Investment (i.e., it shall be entitled to no economic returns from, and to the maximum extent feasible shall suffer no economic detriment attributable to, the Partnership's participation in that Excluded Investment);
(iii) For purposes of determining the General Partner's "carried interest" attributable to Portfolio Investments made (in part) with such Excused Partner's paid-in Capital Contributions, and the General Partner's obligation to return Excess Distributions to such Excused Partner: (A) such Excused Partner and the General Partner shall be treated as partners in a separate "sub-partnership" with aggregate Capital Commitment and Capital Contributions equal to the Excused Partner's revised Capital Commitment and Capital Contributions plus a proportionate share of the General Partner's actual Capital Commitment and Capital Contributions, and (B) all calculations of the General Partner's carried interest shall be made separately, in accordance with the relevant provisions of the Agreement, with respect to this sub-partnership;
(iv) The amount of Expenses attributable to this sub-partnership shall be equal to the Expenses attributable to the Portfolio Investments held by that sub-partnership, determined as follows: (A) all Expenses incurred solely as a result of making, holding or disposing of a particular Portfolio Investment (e.g., indemnification expenses for claims arising out of that Portfolio Investment) shall be deemed to be attributable to that Portfolio Investment; (B) all other Expenses (excluding Expenses attributable to the Management Fee) shall be apportioned 34 -31- among (and shall be deemed to be attributable to) all Portfolio Investments in proportion to the Capital Contributions used to acquire such Portfolio Investments; and (C) the General Partner shall determine the amount of Capital Contributions used to acquire each Portfolio Investment, and shall r...
Effect of Exclusion. If a Care Partner or Downstream Care Partner is excluded from participation in Medicare, Medicaid, or any other federal health care program, the Care Partner or Downstream Care Partner is removed from the Care Partner List effective no later than the effective date of exclusion. CMS shall maintain all Care Partner Lists in a manner that permits the State and the Hospital to review and access the lists during the Agreement Term. The Hospital shall maintain copies of its current and historical Care Partner Lists in accordance with section 11.4.
Effect of Exclusion. If a Limited Partner is so excluded from participating in an Excluded Investment then, notwithstanding any other provision of this Agreement:
15.1.2.1 The Subscription (and therefore the Remaining Commitment) of the Excused Partner shall be reduced by such Excused Partner’s share of any Drawdowns called for by the Partnership to make such Excluded Investment (or to zero if such Person became an Excused Partner pursuant to 6.5.1);
15.1.2.2 Such Excused Partner shall receive no allocations of items of income, gain, loss, deduction or expense attributable to that Excluded Investment and no distributions of Distributable Proceeds attributable to that Excluded Investment (i.e., it shall be entitled to no economic returns from, and to the maximum extent feasible shall suffer no economic detriment attributable to, the Partnership’s participation in that Excluded Investment);
15.1.2.3 For purposes of determining the General Partner’s “carried interest” attributable to Financing Investments made (in part) with such Excused Partner’s paid-in capital contributions, and the General Partner’s obligation to return distributions to such Excused Partner pursuant to 7.4, (1) such Excused Partner and the General Partner shall be treated as partners in a separate “sub-partnership” with aggregate Subscriptions and Contributions equal to the Excused Partner’s revised Subscription and Contribution plus a proportionate share of the General Partner’s actual Subscription and Contribution, and
Effect of Exclusion. Such exclusion shall have national effect and shall also apply to all other federal procurement and nonprocurement programs. Federal health care programs shall not pay anyone for items or services, including administrative and management services, furnished, ordered, or prescribed by the Tenet Entities in any capacity while Tenet are excluded. This payment prohibition applies to Tenet and all other individuals and entities (including, for example, anyone who employs or contracts with Tenet, and any hospital or other provider where Tenet provides services). The exclusion applies regardless of who submits the claim or other request for payment. Tenet shall not submit or cause to be submitted to any Federal health care program any claim or request for payment for items or services, including administrative and management services, furnished, ordered, or prescribed by Tenet during the exclusion. Violation of the conditions of the exclusion may result in criminal prosecution, the imposition of civil monetary penalties and assessments, and an additional period of exclusion. Tenet further agrees to hold the Federal health care programs, and all Federal beneficiaries and/or sponsors, harmless from any financial responsibility for items or services furnished, ordered, or prescribed to such beneficiaries or sponsors after the effective date of the exclusion.
