Excess Distribution. Immediately upon the Excess Distribution Date, the GUC Trust shall be authorized to make the Excess Distribution as set forth in the GUC Trust Excess Distribution Motion in the reduced aggregate amount of Three Hundred Million U.S. Dollars ($300,000,000.00), pursuant to the terms of the GUC Trust Agreement; provided, that, such Excess Distribution will not be made to any Plaintiffs or Class Members except to the extent that any Plaintiff or Class Member is the registered or beneficial holders of GUC Trust Units as of the applicable record date of such Excess Distribution.
Excess Distribution. (a) (Deposit with the Residual Unitholder): A payment to the Residual Unitholder of the Excess Distribution pursuant to clause 10.2B(o) will be held by the Residual Unitholder as a deposit by the Trustee with the Residual Unitholder and will be dealt with in accordance with this clause 11.2.
(b) (Application towards Net Tax Income): At the end of each Financial Year, the Residual Unitholder will, and will be entitled to, deduct from so much of the deposit standing to the credit of the Trustee pursuant to clause 11.2(a):
(i) first, the Net Tax Income of the Series Trust for that Financial Year absolutely vested in the Residual Unitholder for that Financial Year pursuant to clause 11.1
(ii) secondly, an amount not exceeding the then Subscription Amount notified by the Manager to the Trustee and the Residual Unitholder that the Residual Unitholder is entitled to deduct as a return of capital in the Series Trust represented by the Residual Unit. To the extent that there is any surplus in the amount so deposited over the aggregated Net Tax Income vested pursuant to clause 11.2(b)(i) or paid as a return of capital pursuant to clause 11.2(b)(ii), in a Financial Year, after the capital in the Series Trust has been reduced, the surplus will be dealt with in accordance with this clause 11.2(b) in the succeeding Financial Year. -------------------------------------------------------------------------------- 12. Early termination of Swaps
Excess Distribution. The Issuer must at the written direction of the Manager pay any Excess Distribution for a Quarterly Collection Period to the Residual Income Beneficiary on the relevant Quarterly Payment Date. Once paid to the Residual Income Beneficiary, the Issuer may not recover any Excess Distributions from the Residual Income Beneficiary other than in the circumstances specified in clause 5.3 of the Supplementary Terms Notice.
Excess Distribution. (a) The Trustee must at the written direction of the Manager pay any Excess Distribution for a Quarterly Collection Period to the Beneficiary on the relevant Quarterly Payment Date.
(b) The Trustee may not recover any Excess Distributions from the Beneficiary once they are paid to the Beneficiary except where there has been a manifest error in the relevant calculation of the Excess Distributions.
Excess Distribution. (a) The Trustee must at the written direction of the Manager pay any Excess Distribution for a Quarterly Collection Period to the Beneficiary on the relevant Quarterly Payment Date.
(b) The Trustee may not recover any Excess Distributions from the Beneficiary once they are paid to the Beneficiary except:
(i) where there has been a manifest error in the relevant calculation of the Excess Distributions; or
(ii) an amount equal to payments made or required to be made by the Trustee under clause 5.1(c)(xii) , and the Beneficiary agrees to pay to the Trustee any such amount.
Excess Distribution. (1) In general
Excess Distribution. On the date of each Distribution by a Pool I Underlying Business, the Sponsor Subsidiaries shall prepay Advances in a principal amount equal to the Excess Distribution (if any) calculated as of such date, together with all other amounts required to be paid pursuant to Section 2.07(c) in connection with such prepayment.
Excess Distribution. If and to the extent that IPT reasonably determines that the distributions required to be paid by IPT pursuant to the foregoing subsections (c) and (d) of this Section 6.1 are not sufficient for IPT to meet the distribution requirements applicable to REITs for IPT's taxable year ended on the date on which the Effective Time occurs, including as a result of the AMIT Merger, then IPT shall, prior to the date on which the Effective Time occurs, declare, with a record date prior to the Effective Time, one or more special distributions in respect of the IPT Common Shares in an aggregate amount equal to the amount of such shortfall (the aggregate of all such distributions per IPT Common Share, if any, is referred to herein as the "Excess Distribution Amount").
