Priority Allocation. 2 of the Partnership Agreement is hereby amended to include Section 6.2.D as follows:
Priority Allocation. All or a portion of the Net Income of the Partnership for the Fiscal Year, if any, shall be specially allocated to the Partners holding Series A Preferred Mirror Units, Series B Preferred Units and Series D Preferred Mirror Units in proportion to the cumulative distributions each has received pursuant to Sections 6.1, 6.2, and 13.5 hereof and, with respect to the Partners holding Series A Preferred Mirror Units, Section 1(c) and 1(d) of the Fourth Amendment to this Agreement or, with respect to Partners holding Series B Preferred Units, Section 1.C and 1.D of the Fifth Amendment to this Agreement, or, with respect to the Partners holding Series D Preferred Mirror Unit, Section 1(c) and 1(d) of the Eleventh Amendment to this Agreement, from the commencement of the Partnership to the end of such Fiscal Year, in an amount equal to the excess, if any, of the sum of (i) the aggregate Net Loss allocated to such Partners pursuant to Section 7.1(b) hereof for all prior Fiscal Years, if any, and (ii) the aggregate distributions received by such Partners pursuant to Sections 6.1, 6.2, and 13.5 hereof and, with respect to Partners holding Series A Preferred Mirror Units, Section 1(c) and 1(d) of the Fourth Amendment to this Agreement or, with respect to Partners holding Series B Preferred Units, Section 1.C and 1.D of the Fifth Amendment to this Agreement, or, with respect to Partners holding Series D Preferred Mirror Units, Section 1(c) and 1(d) of the Eleventh Amendment to this Agreement from the commencement of the Partnership to the end of such Fiscal Year, over the aggregate items of Net Income allocated to such Partners pursuant to this Section 7.2(g) for all prior Fiscal Years.
3. Except as expressly set forth in this Amendment to the Partnership Agreement, the Partnership Agreement is hereby ratified and confirmed in each and every respect.
Priority Allocation. (i) Items of Company gross income and gain shall be allocated to the Class A Members in accordance with their Class A Percentage Interests, until the aggregate amounts of such items allocated to the Class A Members for such Fiscal Year equals the amount distributed to the Class A Members pursuant to Section 8.1(b)(i)(A) for all Fiscal Years that have not been previously reflected by an allocation pursuant to this Section 9.2(f).
(ii) After giving effect to all preceding allocations in Section 9.2(f)(i), all or a portion of the remaining items of Company income or gain for the Fiscal Year, if any, shall be allocated to MWE Liberty in an amount equal to the cumulative cash distributed to MWE Liberty pursuant to Sections 8.2(a), 8.2(b) or 8.2(c) (to the extent of such distributions in excess of MWE Liberty's Percentage Interest), less the cumulative amount of income and gain previously allocated to MWE Liberty pursuant to this Section 9.2(f)(ii).
Priority Allocation. After giving effect to the allocations set forth in Sections 6.4 hereof, but before giving effect to the allocations set forth in Section 6.2.A, Net Operating Income shall be allocated to the General Partner until the aggregate amount of Net Operating Income allocated to the General Partner under this Section 6.2.D for the current and all prior Partnership Years equals the aggregate amount of the Series A Preferred Return and Series B Preferred Return paid to or accrued by the General Partner for the current and all prior Partnership Years; provided, however, that the General Partner may, in its discretion, allocate Net Operating Income based on the accrued Series A Preferred Return and Series B Preferred Return with respect to the Series A Preferred Unit Distribution Payment Date and the Series B Preferred Unit Distribution Payment Date occurring in January if the General Partner sets the Distribution Record Dates for such Series A and Series B Preferred Unit Distribution Payment Dates on or prior to December 31 of the previous Partnership Year. For purposes of this Section 6.2.D, “Net Operating Income” means the excess, if any, of the Partnership’s gross income over its expenses (but not taking into account depreciation, amortization, or any other noncash expenses of the Partnership), calculated in accordance with the principles of the definition of “Net Income” herein.
Priority Allocation. Items of Partnership gross income or gain for the taxable period, if any, shall be allocated 99.99% to the Class B Limited Partners, Pro Rata, and .01% to the General Partner until the aggregate amount of such items allocated pursuant to this Section 5.2(d)(iii) for the current taxable year and all previous taxable years is equal to the cumulative IDR Distribution Amount from the Effective Date to a date 45 days after the end of the current taxable year.
Priority Allocation. The priority given to an incident is determined by a combination of its impact (on the business, department or individual), and urgency. The following definitions are used to establish priority: Impact Definition High • A Key Service* has failed or is degraded affecting all users • A service is at risk owing to a threat or potential event (e.g. critical footage upload failure) • Significant risk may result from the incident Medium • A Key Service* has failed or is degraded affecting a single user • A non-key service has failed or is degraded impacting multiple locations or users • Full system unable to playback footage Low • A non-key service has failed or is degraded affecting a single user Urgency Definition High Critical deadline(s) are at risk and no workaround is available to the customer(s) Medium No immediate deadline and no workaround is available to the customer(s) Low No immediate deadline or a workaround is readily available to the customer(s) Priority Allocated Impact High Medium Low Urgency High P1 P2 P3 All Priority 1 and 2 incidents must be reported by telephone initially and then confirmed by email. All other priorities can be reported by telephone or email. If a person believes that their call should receive a higher priority than allocated, they should raise the issue with the Service Desk Manager. Incident Response and Resolution Response and resolution times are listed below according to priority of the incident. It is important to note that these are maximum times rather than standard or normal times and that all incidents will be resolved as quickly as possible. The times relate to the normal service hours of the Service Desk, i.e. from 09.00 – 17.00hrs (UTC +00:00) Monday to Friday on business days. Priority Max Response Time Response Target Max Resolution Time Resolution Target P1 30 minutes 90% 4 hours 90% P2 1 Hour 90% 8 Hours 85% P3 4 Hours 80% End of next working day 75% P4 1 Day 80% 5 Days 75% P5 2 Days 80% 10 Days 75% Priority 1 and Major Incidents Priority 1 Incidents which have a business wide impact are treated as Major Incidents and are handled via the Major Incident Procedure, which includes a communication process to keep customers and senior B-Cam Ltd Managers informed. Priority 2 Incidents can also include where the impact is more contained, such as within a single department. In both cases resolution takes precedence over other activities where there is a requirement for the same resource. Escalation process Condition...
Priority Allocation. If the amount of cash distributed (except cash distributed pursuant to Section 15.3) with respect to a class or series of LP Units is disproportionately greater (on a per LP Unit basis) than the amount of cash distributed with respect to the Common Units (on a per LP Unit basis), then before the allocation of Net Income or Net Loss, as the case may be, between the Limited Partners and the General Partner pursuant to the other provisions of this Section 5.1, (a) first, each Limited Partner holding LP Units with respect to which such disproportionately greater cash distribution was made shall be allocated gross income in an amount equal to the product of (X) the amount by which the distribution with respect to such class or series of LP Units exceeds (on a per LP Unit basis) the distribution on the Common Units and (Y) the number of LP Units of such class or series held by such Limited Partner receiving the disproportionately greater distribution, (b) the General Partner shall be allocated gross income in an amount equal to 1.01% of the gross income allocated pursuant to the immediately preceding clause (a) and (c) the Net Income or Net Loss otherwise allocable to the Partners under the other provisions of this Agreement shall be recomputed by excluding the gross income allocated pursuant to the immediately preceding clauses (a) and (b);
Priority Allocation. The holder of a Class B Unit shall be allocated (i) gross income such that, over the life of the Partnership, the sum of all priority allocations pursuant to this Section 5.2(I) equals (or approaches as nearly as possible) the sum of all Priority Return Amounts distributed pursuant to Section 5.3(A), plus (ii) a further amount of gross income equal to any Priority Return Amount that is expected to be so distributed in the Fiscal Year succeeding the Fiscal Year in which the allocation is being made, to the extent allocable to a Distribution Period or portion thereof that falls within the Fiscal Year preceding the Fiscal Year in which such distribution is expected to occur.
Priority Allocation. During the term of the Agreement, and in accordance with Article 3, Biozyme shall provide ACS with a priority allocation of ovine raw materials used to manufacture the product and shall not allocate ovine raw materials to other manufacturing operations until ACS requirements pursuant to Article 3.3 are satisfied.
Priority Allocation. OIL reserves the right of fixing priority for one work over other and the CONTRACTOR shall be required to execute the work as per priority fixed by OIL or as per the instructions of Engineer-In Charge or his authorized representatives.
