Priority Amount Sample Clauses

Priority Amount. If any Aggregate Buy-In Funds have not been paid to the Series 2 Holders specified in Section 3.05(a) (the “Specified Series 2 Holders”) or if any such Aggregate Buy-In Funds that have been paid to the Specified Series 2 Holders are recovered therefrom in connection with any bankruptcy or insolvency proceeding of the Company or any of its Subsidiaries, then notwithstanding anything herein to the contrary, the Holders agree, inter se, that prior to any other distributions under clause (b) of Section 6.06, an amount equal to the sum of such unpaid amounts and such recovered amounts (the “Specified Priority Amount”) shall be distributed pro rata among the Specified Series 2 Holders on the basis that is contemplated under Section 3.05(a) hereof; provided that any claims of such Specified Series 2 Holders that remain undischarged following such distribution shall share equally and ratably under Section 6.06(b) with all other claims of the Holders. This Section 6.16 shall constitute an intercreditor and subordination agreement among the Holders and is enforceable among the Holders regardless of any insolvency or bankruptcy proceeding of the Company or any of its Subsidiaries.
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Priority Amount. For the purpose of fixing priorities between this document and any subsequent charge registered under the Corporations Act and for no other purpose, this document secures a prospective liability up to a maximum amount of $16,000,000. This document may also secure prospective liabilities in excess of this maximum amount.
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Priority Amount. Sellers agree that the “Priority Amount” under the Eagle LLC Limited Liability Company Agreement shall be $1,250,000 and that, upon payment of the SBN Eagle Allocated Adjusted Purchase Price Closing Amount as provided in this Agreement, the Priority Amount will have been paid in full.
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Priority Amount. The Class A-6/A-7 Priority Amount for any Distribution Date is an amount equal to the least of (a) the Senior Principal Distribution Amount, (b) the aggregate Certificate Principal Balance of the Class A-6 and Class A-7 Certificates and (c) an amount equal to the product of (i) the Senior Principal Distribution Amount, (ii) the Class A-6/A-7 Priority Percentage for such Distribution Date and (iii) the Shift Percentage.
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Priority Amount. (a) The maximum prospective liability secured by this document for the purpose of fixing priorities under section 282 of the Corporations Law but for no other purpose is $9,000,000.
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Priority Amount. 5.1 The liabilities secured by this deed include, without limitation, all prospective liabilities denoted in the definition of ‘Secured Money’ and the maximum prospective liability secured by this deed is the Priority Amount.
Sample 1
Priority Amount. For the purpose only of fixing priorities in accordance with section 282 of the Corporations Act between this charge and any other charge given by the Chargor the maximum prospective liability secured by this charge is the amount set out in item 3 of schedule 1. This amount may be increased at any time by the Chargee lodging a notice to that effect in accordance with the Corporations Act.
Sample 1
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Related to Priority Amount

  • Priority Debt The Company will not permit Priority Debt to exceed 15% of Consolidated Total Assets (as of the end of the Company’s then most recently completed fiscal quarter) at any time.

  • Priority Allocations (A) If the amount of cash or the Net Agreed Value of any property distributed (except cash or property distributed pursuant to Section 12.4) with respect to a Unit for a taxable period exceeds the amount of cash or the Net Agreed Value of property distributed with respect to another Unit within the same taxable period (the amount of the excess, an “Excess Distribution” and the Unit with respect to which the greater distribution is paid, an “Excess Distribution Unit”), then there shall be allocated gross income and gain to each Unitholder receiving an Excess Distribution with respect to the Excess Distribution Unit until the aggregate amount of such items allocated with respect to such Excess Distribution Unit pursuant to this Section 6.1(d)(iii)(A) for the current taxable period and all previous taxable periods is equal to the amount of the Excess Distribution.

  • Priority Indebtedness The Company will not, and will not permit any Subsidiary to, create, incur, assume or permit to exist any Priority Indebtedness other than:

  • Excess Liquidation Proceeds 35 FDIC..........................................................................................35 FHA...........................................................................................35

  • Priority Tax Claims Except to the extent that a Holder of an Allowed Priority Tax Claim agrees to a less favorable treatment, in full and final satisfaction, settlement, release, and discharge of and in exchange for each Allowed Priority Tax Claim, each Holder of such Allowed Priority Tax Claim shall be treated in accordance with the terms set forth in section 1129(a)(9)(C) of the Bankruptcy Code.

  • Setoff Ratable Payments 11.1.... Setoff................................................................................................................................. 61

  • Priority as to Distributions (i) So long as any Series E Preferred Units are outstanding, no distribution of cash or other property shall be authorized, declared, paid or set apart for payment on or with respect to any class or series of Partnership Interest represented by Junior Units, nor shall any Junior Units or Parity Preferred Units be redeemed, purchased or otherwise acquired for any consideration (or any monies be paid to or made available for a sinking fund for the redemption of any such Junior Units or Parity Preferred Units) by the Partnership (except by conversion into or exchange for other Junior Units or Parity Preferred Units, as the case may be) unless, in each case, full cumulative distributions have been or contemporaneously are authorized and paid or authorized and a sum sufficient for the payment thereof set apart for such payment on the Series E Preferred Units and all classes and series of outstanding Parity Preferred Units for all distribution periods. The foregoing sentence will not prohibit (a) distributions payable solely in Junior Units, (b) the exchange of Junior Units or Parity Preferred Units into Partnership Interests of the Partnership ranking junior to the Series E Preferred Units as to distributions and upon voluntary and involuntary liquidation, dissolution or winding up of the Partnership, or (c) distributions necessary to enable the Operating Partnership to redeem partnership interests corresponding to Series E Preferred Shares and any Parity Preferred Stock with respect to distributions or Junior Stock to be purchased by AMB pursuant to the REIT Charter to preserve AMB's status as a REIT; provided that such redemption shall be upon the same terms as the corresponding stock purchase pursuant to the REIT Charter.

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