Excess Amounts. On any Payment Date, to the extent the sum of the amount on deposit in the Reserve Account plus the amount available under any Letter of Credit exceeds the Required Reserve Amount on any Payment Date, the amount of such excess may be released from the Reserve Account and paid to the Class R Interest on such Payment Date.
Excess Amounts. Upon payment in full of any Tranche of CHASEseries Notes, any remaining amount on deposit in the applicable Principal Funding Sub-Account will be first, allocated among and deposited to the Interest Funding Sub-Account of the Tranches of CHASEseries Notes in the manner, order and priority set forth in subsection 3.04(b), second, allocated among and deposited to the Principal Funding Sub-Account of the Tranches of CHASEseries Notes in the manner, order and priority set forth in subsection 3.13(b), and third, paid to the Transferor. If the aggregate amount available for withdrawal from a Principal Funding Sub-Account for any Tranche of CHASEseries Notes is less than all withdrawals required to be made from that Principal Funding Sub-Account for that Tranche with respect to a Monthly Period, after giving effect to all deposits to be made with respect to such Monthly Period, then the amounts on deposit will be withdrawn and, if payable to more than one Person, applied pro rata based on the amounts of the withdrawals required to be made.
Excess Amounts. After payment in full of any tranche of Notes, any amount remaining on deposit in the applicable Interest Funding sub-Account will be first, allocated among and deposited to the Interest Funding sub-Account of the tranches of Notes in the manner, order and priority set forth in Section 3.03(b), second, allocated among and deposited to the Principal Funding sub-Account of the tranches of Notes in the manner, order and priority set forth in Section 3.11(b), and third, paid to the Issuer. If the aggregate amount available for withdrawal from an Interest Funding sub-Account for any tranche of Notes is less than all withdrawals required to be made from that Interest Funding sub-Account for that tranche in a month, then the amounts on deposit will be withdrawn and, if payable to more than one Person, applied pro rata based on the amounts of the withdrawals required to be made.
Excess Amounts. After all of the Benefits have been paid in full, the Trust shall terminate and, after the payment of any unpaid expenses, the assets of the Trust Fund (if any) shall be transferred to the Company.
Excess Amounts. If, by reason of any judgment or order as is referred to in Clause 18.2, the amount receivable by the Trustee, the ETP Securityholders any Secured Creditor or any other party entitled to the benefit of the obligations and duties of the Issuer under the Programme Documents, if converted on the date of payment into the Relevant Currency would yield a sum in excess of that due in the Relevant Currency, the Trustee shall hold such excess to the order of the Issuer or other person making payment.
Excess Amounts. Upon payment in full of any Tranche of Notes, any remaining amount on deposit in the applicable Principal Funding sub-Account will be first, allocated among and deposited to the Interest Funding sub-Account of the Tranches of Notes in the manner, order and priority set forth in Section 3.03(b), second, allocated among and deposited to the Principal Funding sub-Account of the Tranches of Notes in the manner, order and priority set forth in Section 3.11(b), and third, paid to the holder of the Asset Pool 1 Transferor Interest or, provided that the conditions set forth in Section 10.02 of the Trust Agreement with respect to transfers of a portion of the Beneficial Interest are met, to the designee of the holder of the Asset Pool 1 Transferor Interest as though such designee were a transferee of such portion. If the aggregate amount available for withdrawal from a Principal Funding sub-Account for any Tranche of Notes is less than all withdrawals required to be made from that Principal Funding sub-Account for that Tranche in a month, then the amounts on deposit will be withdrawn and, if payable to more than one Person, applied pro rata based on the amounts of the withdrawals required to be made.
Excess Amounts. After payment in full of any Tranche of Notes pursuant to clauses (1) through (4) of this Section 3.05, as applicable, any amounts remaining on deposit in the applicable Principal Funding Subaccount will be withdrawn from such Principal Funding Subaccount and the aggregate amount of such withdrawals shall be distributed to the Beneficiary (as defined in the Trust Agreement) in accordance with Section 4.01 of the Trust Agreement.
Excess Amounts. The balance in the re- volving fund in excess of an amount the Sec- retary of Transportation determines is nec- xxxxxx for the requirements of the fund and for reasonable reserves to maintain the solvency of the fund shall be deposited at least annually in the Treasury as miscellaneous receipts.
Excess Amounts. The Agent shall monitor the Outstanding Guarantee Amounts not less than monthly. If at any time and from time to time by reason of fluctuations in the currency conversion rates or interest rates the Agent reasonably considers that the aggregate of all Outstanding Guarantee Amounts of Bank Guarantees then in issue and the other Outstandings as at the date of determination exceed the Commitments, the Agent shall notify the Borrowers and require the Borrowers to pay an amount equal to the excess certified by the Agent to the Cash Collateral Accounts and/or prepay the Outstandings by an amount equal to the excess within two (2) Banking Days of the Agent's notice whereupon the Borrowers shall be liable to make such payment within such period. The Borrowers shall be entitled to the release of amounts paid to the Cash Collateral Accounts under this Clause from time to time provided no Event of Default has occurred and is continuing to the extent that the Commitments as reduced or suspended pursuant to Clause 9.3 and/or any other relevant provisions of this Agreement at the time of the Borrowers' request then exceed the Outstandings expressed in Dollars. In determining the Outstanding Guarantee Amounts for the purposes of this Clause the Agent shall in relation to interest by reference to which each Issuing Bank's liability under the outstanding Bank Guarantees may be calculated take into account only such amounts as have accrued to form part of such Issuing Bank's liability under the relevant Bank Guarantees at the time the Agent's determination is made.
Excess Amounts. If, as a result of the use of estimated Total Compensation, an allocation of forfeitures, a reasonable error in determining the amount of Section 401(k) Deferrals that may be made under this Article 7, or other reasonable error in applying the Annual Additions Limitation, a Participant's Annual Additions under this Plan and such other plans or funds would result in an Excess Amount for a Limitation Year, the Excess Amount will be deemed to consist of the Annual Additions last allocated, except that Annual Additions attributable to a SEP will be deemed to have been allocated first, followed by Annual Additions to a welfare benefit fund or individual medical account, regardless of the actual allocation date.
(1) Same allocation date. If an Excess Amount is allocated to a Participant on an allocation date of this Plan that coincides with an allocation date of another plan, such Excess Amount will be attributed to the following types of plan(s) in the order listed, until the entire Excess Amount is allocated.
(i) First, to any 401(k) plan(s) maintained by the Employer.
(ii) Then, to any profit sharing plan(s) maintained by the Employer.
(iii) Then, to any money purchase plan(s) maintained by the Employer.
(iv) Finally, to any target benefit plan(s) maintained by the Employer. If an amount is allocated to the same type of Plan on the same allocation date, the Excess Amount will be allocated to each plan in accordance with the pro rata allocation method outlined in the following paragraph.
(2) Alternative methods. The Employer may elect under Part 13, #54.c. of the Agreement [Part 13, #72.c. of the Profit Sharing/401(k) Agreement] to modify the default rules under this subsection (f). For example, the Employer may elect to attribute any Excess Amount which is allocated on the same date to this Plan and to another plan maintained by the Employer by designating the specific plan to which the Excess Amount is allocated or by using a pro rata allocation method. Under the pro rata allocation method, the Excess Amount attributed to this Plan is the product of:
(i) the total Excess Amount allocated as of such date, times
(ii) the ratio of (A) the Annual Additions allocated to the Participant for the Limitation Year as of such date under this Plan to (B) the total Annual Additions allocated to the Participant for the Limitation Year as of such date under this and all other Defined Contribution Plans.
