RELEVANT RECEIPTS Clause Samples

RELEVANT RECEIPTS. 5.1. The following receipts are relevant receipts for the purposes of this agreement. 5.1.1. Receipts from the sale, leasing, hiring out of, or other dealing with goods. 5.1.2. Receipts from the provision of staff and other services. 5.1.3. Receipts from a person (whether employed by, appointed by, or performing services for, the Commonwealth) or agency as payment for any associated benefit provided (whether to that person or another person). 5.1.4. Receipts from the sale of minor assets that are departmental in nature such as furniture and fittings. 5.1.5. Receipts from the transfer of annual and long-service leave entitlements between agencies. 5.1.6. Subsidy and grant moneys received as a result of participation in employment subsidy schemes or programs. 5.1.7. Sponsorships, grants, subsidies and contributions received to fund departmental activities of the agency. 5.1.8. Amounts received from the Australian Taxation Office as interest on a late repayment. 5.1.9. Donations received, expressed to be for the performance of specific departmental activities of the agency. 5.1.10. Financial incentives to enter into leasing arrangements. 5.1.11. Amounts received in relation to the ADF Reserves Employer Support Payment Scheme. 5.1.12. Court awarded costs to the extent to which they reflect legal costs incurred in litigating the matter. 5.1.13. Receipts from the sub-leasing of real property. 5.1.14. Amounts paid to the agency from a Special Account, where this is consistent with the purposes of the Special Account. 5.2. For the avoidance of doubt, receipts under item 5.1 do not include: 5.2.1. court awarded fines and damages, etc [(other than to the extent covered by clause 5.1.12)]; and 5.2.2. receipts from taxes, levies or specific cost recovered activities where the receipts are raised under legislation and where the activities are budget funded. Note: User charging activities should comply with the Government’s cost recovery policy as set out in the Australian Government Cost Recovery Guidelines (July 2005) and the Australian Government Competitive Neutrality Guidelines for Managers (February 2004).

RELEVANT RECEIPTS. 8.5.1 The Borrowers shall following the receipt by any member of the Ringfenced Group of any amount (each such receipt being a "RELEVANT RECEIPT") in respect of claims under the Merger Agreement or in respect of Reports apply (without premium or penalty, but without prejudice to Clause 11.4) such amount in prepayment of such of the Series 1 Term Facilities (or if all such Facilities are repaid in full, Series 2 Term Facilities) as the Agent may direct on the next Interest Payment Date unless such amount is utilised: (a) to the extent the Relevant Receipt relates to a liability of, or a charge or claim upon, a member of the Group, in the discharge of that liability, charge or claim (or in reimbursement of monies disturbed in connection with such liability, charge or claim) provided that such monies shall be properly applied in such manner within three months of receipt by the relevant member of the Group; or (b) to the extent the Relevant Receipt relates to an asset reasonably required in the conduct of the Group's business or to compensate for any current asset which is missing or reduced in value, in the acquisition of that asset or in compensation for the loss represented by that missing current asset or reduction in value provided that such monies shall be properly applied in such manner within six months of receipt by the relevant member of the Group. 8.5.2 Where the Agent has served a notice under Clause 23, the Borrowers shall, following the receipt of any amounts in respect of insurance claims or any Relevant Receipt apply (without premium or penalty, but without prejudice to Clause 11.4) such amount in prepayment of such of the Series 1 Term Facilities (or if all such Facilities are repaid in full, Series 2 Term Facilities) as the Agent may direct. 8.5.3 Pending every such prepayment as is referred to above, or any permitted utilisation of Relevant Receipts as is referred to above, the Parent shall on the date of the Relevant Receipt procure that an amount, or amounts in aggregate, equal to the Relevant Receipt is placed in a Security Account with the Security Trustee.