Remaining distributions Clause Samples

Remaining distributions. 6.1 The Parties shall procure that the remainder of the Settlement Amount, not distributed pursuant to Paragraph 5, shall be distributed as soon as practicably possible after the respective early distributions pursuant to such Paragraph. In furtherance thereof they shall agree with the Claims Administrator on a distribution process, based on the following principles: (a) There shall be a distinction between the distribution of the remainder of the Settlement Amount attributable to Active Claimants (the "Active Claimants Remaining Distribution Amount") and Non-Active Claimants (the "Non-Active Claimants Remaining Distribution Amount"). (b) The calculation of the Active Claimants Remaining Distribution Amount and the Non-Active Claimants Remaining Distribution Amount respectively shall reflect any possible adjustments pursuant to Paragraph 4.2 to the Provisional Claim Amount in respect of an Eligible Shareholder to determine the final claim amount in respect of such Eligible Shareholder (the "Final Claim Amount"). (c) In furtherance of (b), the Active Claimants Remaining Distribution Amount and the Non-Active Claimants Remaining Distribution Amount shall be paid at the earliest six (6) months after the Claims Submission Deadline. (d) Distribution of the Active Claimants Remaining Distribution Amount and the Non-Active Claimants Remaining Distribution Amount shall in principle only take place after the Claim Forms in respect of all Active Claimants and Non-Active Claimants respectively have been processed, including the resolution and cure of any deficiencies in Claim Forms submitted, in order to ensure that the Final Claim Amount in respect of all Active Claimants and Non-Active Claimants shall be correct, within a limited margin of error. (e) The Active Claimants Remaining Distribution Amount and the Non-Active Claimants Remaining Distribution Amount shall be distributed as soon as possible. However, in view of the possibility of error referred to under (d) (e.g. because there may subsequently turn out to be unprocessed Claim Forms or unresolved deficiencies), the Active Claimants Remaining Distribution Amount and the Non-Active Claimants Remaining Distribution Amount shall only be distributed up to a maximum of 95% of the Settlement Amount after the processing as referred to under (d). The remainder shall be distributed at the earliest one (1) year thereafter.

Remaining distributions. For the avoidance of doubt, on each Chapter 11 Plan Distribution Date referred to in sections 1.1, and 3.1, the Plan Administrator shall distribute to LBT in accordance with the Chapter Plan, the total LBT Chapter Distribution payable by LBHI to LBT on such Chapter Plan Distribution Date less the sum of the Withheld LBSF Distribution, the Withheld LBCS Distribution and, upon the implementation of section 3.1 of this Agreement by the Plan Administrator, the Withheld LBHI Distribution.

Remaining distributions. Third, (a) cash representing Preference Amounts shall be distributed 75% to the General Partner and 25% to the Limited Partners in proportion to their Sharing Percentages; and (b) cash other than Preference Amounts shall be distributed among the Partners in proportion to their Sharing Percentages.

Remaining distributions. Fifth, any remaining Distributable Cash shall initially be apportioned between the Limited Partner and the General Partner in proportion to their Sharing Percentages, and then distributed as follows: (i) amounts apportioned to the General Partner shall be distributed to the General Partner; and (ii) amounts apportioned to the Limited Partner shall be distributed (A) l00% to the General Partner, until the General Partner has received cumulative distributions pursuant to this clause (e)(ii)(A) equal to 20% of the sum of (1) the distributions made to the Limited Partner pursuant to Section 6.3(c) and (2) the distributions made to the General Partner pursuant to this clause (e)(ii)(A), and (B) thereafter, 80% to the Limited Partner and 20% to the General Partner. Notwithstanding the foregoing, the Fund may (in the sole discretion of the General Partner) make a distribution of Distributable Cash at any time prior to or together with the CDO Closing.