Remaining Amounts. 1. Concurrently, to the Senior Certificates in both Certificate Groups, the related Class Interest Distribution to the extent not paid pursuant to clauses A. and B. above on such Distribution Date;
2. Sequentially, to the Class M-1, Class M-2 and Class B Certificates, in that order, the related Class Monthly Interest Amounts for such Distribution Date;
3. To the Senior Certificates, (x) the Senior Principal Distribution Amount for such Distribution Date, excluding any Subordination Increase Amount included therein, allocated pursuant to Section 5.01(b) below and (y) the principal portion of any Insured Payments for such Distribution Date, allocated between Certificate Group F and Certificate Group A in proportion to the respective portions of the Senior Principal Distribution Amount to which each such Certificate Group is otherwise entitled and applied, in the case of Certificate Group F, in the order set forth in Section 5.01(b)(A)(i) below;
4. To the Certificate Insurer, any amount owing to it under the Insurance Agreement;
5. To the Class M-1 Certificates, the Class M-1 Principal Distribution Amount for such Distribution Date, excluding any Subordination Increase Amount included therein;
6. To the Class M-2 Certificates, the Class M-2 Principal Distribution Amount for such Distribution Date, excluding any Subordination Increase Amount included therein;
7. To the Class B Certificates, the Class B Principal Distribution Amount for such Distribution Date, excluding any Subordination Increase Amount included therein;
8. To the Offered Certificates, the Subordination Increase Amount for such Distribution Date, allocated pursuant to Section 5.01(b) below;
9. To the Class M-1 Certificates, any related (a) Class Interest Carryover Shortfall and then (b) Class Principal Carryover Shortfall;
10. To the Class M-2 Certificates, any related (a) Class Interest Carryover Shortfall and then (b) Class Principal Carryover Shortfall;
11. To the Class B Certificates, any related (a) Class Interest Carryover Shortfall and then (b) Class Principal Carryover Shortfall;
12. To the Class BIO Certificates for concurrent deposit in the LIBOR Carryover Fund and the Net Rate Cap Fund, the sum of the LIBOR Carryover Fund Deposit and the Net Rate Cap Fund Deposit;
13. To the Class A-1A Certificates, the lesser of the LIBOR Carryover and the Available LIBOR Carryover Amount, to be treated as paid from and to the extent of funds on deposit in the LIBOR Carryover Fund;
14. Sequentially,...
Remaining Amounts. Thereafter, proceeds shall be distributed to the Members in accordance with Section 5.01. Any reserves withheld pursuant to Section 9.02(b) shall be distributed as soon as practicable, as determined in the reasonable discretion of the Managing Member, in the order of priority set forth in Section 9.02(c). The Members believe and intend that the effect of making any and all liquidating distributions in accordance with the provisions of Section 9.02(c) shall result in such liquidating distributions being made to the Members in proportion to the positive balances standing in their respective Capital Accounts. If the immediately preceding sentence is for any reason inaccurate, then the Managing Member, upon the advice of tax counsel to the Company, is hereby authorized to make such amendments to the provisions of Article IV as may be reasonably necessary to cause such allocations to be in compliance with Code Section 704(b) and the Treasury Regulations promulgated thereunder.
Remaining Amounts. All remaining amounts shall be remitted to Borrower for Borrower's account on each Payment Date.
Remaining Amounts. Thereafter, to the Members in the order of priority set forth in Section 5.01. The Manager shall cause any liquidating proceeds received by the Company to be applied and distributed pursuant to this Section 12.02 as soon as practicable, as determined in the reasonable discretion of the Manager. Any reserves withheld pursuant to Section 12.02(b) shall be distributed as soon as practicable, as determined in the reasonable discretion of the Manager, to the Members pursuant to Section 12.02(c). The Members believe and intend that the effect of making any and all liquidating distributions in accordance with the provisions of Section 12.02(c) shall result in such liquidating distributions being made to the Members in proportion to the positive balances standing in their respective Capital Accounts. If this would not be the result, then the Manager, upon the advice of tax counsel to the Company, is hereby authorized to make such amendments to the provisions of Article IV as may be reasonably necessary to cause the Capital Accounts of the Members to be equal to the amount each Member is entitled to receive pursuant to Section 5.01 upon the liquidation of the Company.
Remaining Amounts. Thereafter, to the Members in the order of priority set forth in Section 5.01. Any reserves withheld pursuant to Section 12.02(b) shall be distributed as soon as practicable, as determined in the reasonable discretion of the Administrative Member, in the order of priority set forth in Section 12.02(c). The Members believe and intend that the effect of making any and all liquidating distributions in accordance with the provisions of Section 12.02(c) shall result in such liquidating distributions being made to the Members in proportion to the positive balances standing in their respective Capital Accounts. If this is not the result, then the Administrative Member, upon the advice of tax counsel to the Company, is hereby authorized to make such amendments to the
Remaining Amounts. 20. If the Escrow Account is in a positive balance (whether by reason of tax refunds, un-cashed cheques or otherwise) after one hundred and eighty (180) days from the date of distribution of the Net Settlement Amount to Claimants, the Claims Administrator shall, if feasible, allocate the remaining funds on a pro rata basis among the Claimants, and shall cause any remaining funds to be distributed cy près to the Osgoode Investor Protection Clinic.
21. Any matter not referred to above shall be determined by analogy by the Claims Administrator in consultation with Class Counsel. Schedule “I” – Notice Plan
(a) Class Counsel or Claims Administrator shall issue a press release containing the content of the Phase I Notice over Canada Newswire;
(b) Class Counsel or Claims Administrator shall post the Phase I Notice in English and French on their website;
(c) Class Counsel or Claims Administrator shall e-mail the Phase I Notice to Class Members for whom they have current e-mail addresses; and
(d) Class Counsel or Claims Administrator shall mail the Phase I Notice to Class Members for whom they have current mailing addresses but no e-mail addresses.
(a) Class Counsel or Claims Administrator shall issue a press release containing the content of the Phase II Notice over Canada Newswire;
(b) Class Counsel or Claims Administrator shall provide the Class Counsel or Claims Administrator to all brokerage firms in its proprietary database;
(c) Class Counsel or Claims Administrator shall post the Phase II Notice in English and French on their website;
(d) Class Counsel or Claims Administrator shall e-mail the Phase II Notice to Class Members for whom they have current e-mail addresses; and
(e) Class Counsel or Claims Administrator shall mail the Phase II Notice to Class Members for whom they have current mailing addresses but no e-mail addresses.
Remaining Amounts. If amounts are remaining in the Compensation Fund because of an Approved Claimant not cashing a compensation cheque for 6 months or longer after the date of issuance of the cheque, or in the Appeal Reserve Fund following completion of all appeals, and all other financial commitments have been met to implement the settlement, the remaining amounts will be distributed Pro Rata to all Approved Claimants. If the Claims Administrator is of the view that the amounts remaining in the Compensation Fund and/or Appeal Reserve Fund are insufficient to warrant a Pro Rata distribution, then the Claims Administrator will, in its sole discretion, donate the remaining amounts to an appropriate charity or charities in British Columbia related to the research, prevention and treatment of breast cancer.
Remaining Amounts. Distribution, if any, shall next be made to all Members of the Company, pro rata, in proportion to their respective Membership Interests in the Company.
Remaining Amounts. To the extent available, proceeds shall then be distributed to the Members in the following order of priority:
(i) First, one hundred percent (100%) to the Preferred Members, pro rata in accordance with, as to each Preferred Member, the amount of such Preferred Member’s aggregate accrued and unpaid Preferred Return, until all accrued Preferred Return has been distributed;
(ii) Thereafter, one hundred percent (100%) to the Preferred Members, pro rata in accordance with, as to each Preferred Member, the amount of such Preferred Member’s Unreturned Capital Contributions, until all Unreturned Capital Contributions of the Preferred Members have been distributed to the Preferred Members; and
(iii) one hundred percent to the Common Members, pro rata in accordance with their relative Percentage Interests.
Remaining Amounts. If Claimants do not cash cheques within 180 days after the date of distribution or funds otherwise remain after the Claimants are paid, the aggregate amount of such uncashed cheques will be allocated among all other Claimants, if feasible. If not feasible, such balance shall be allocated to one or more recipients to be approved by the Court.
