Scheduled Distributions Sample Clauses

Scheduled Distributions. To the extent that the right to receive Common Shares with respect to the RSUs has become nonforfeitable in accordance with Section 1 of this Award Agreement, distributions in respect of the Participant’s Account shall be made, subject to the terms and conditions of Section 5 hereof, in the form of Common Shares equivalent to the number of vested RSUs in the Participant’s Account, deliverable to the Participant on the earlier of ___________________ or __________________. Distributions for which an election hereunder is made by Participant pursuant to this Section to defer the distribution beyond March 15 of the year following the year in which the RSUs become nonforfeitable under the terms of Section 1 must be done in accordance with the rules and regulations established by §409A of the Internal Revenue Code. These include the required six (6) month delay in a distribution for a Specified Employee upon a “separation from service”. Further, any subsequent change to an election to delay the distribution date must be for at least five (5) years beyond the initial deferred distribution date and the modified election must be made at least twelve (12) months prior to the original distribution date. There can be no acceleration of a distribution date other than as described in Section 4(b).
Sample 1
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Scheduled Distributions. Except as otherwise provided in Sections 5.02, 5.03 and 5.04 hereof, on each Payment Date, the Manager shall direct in writing the Security Agent to, and the Security Agent shall, distribute amounts on deposit in the Collections Account in the following order of priority (for the avoidance of doubt, the proceeds of the Advances made under the Credit Agreement and the Related Equity Amounts shall not be subject to the order of priorities set forth in this Section 5.01 and Sections 5.02 and 5.03 hereof but shall be applied as provided in Section 4.10 of the Credit Agreement): First, so much of such amounts shall be distributed to the Security Agent and the Administrative Agent sufficient to pay in full fees, indemnities, costs and expenses (if any) due and owing to the Administrative Agent and the Security Agent on a pro rata basis on such Payment Date; Second, so much of such amounts remaining shall be deposited into the Expenses Account sufficient to pay in full (A) all other then due Administrative Expenses and the Operational Expenses (including any Reimbursable Expenses owing to the Manager but excluding any payments due to the Contractor under the Assigned Construction Contract), (B) the Senior Management Fees then due and owing to the Manager and (C) to the extent not paid under clause (A), any indemnification payments then due and owing to the Manager under the Management and Operating Agreement on a pro rata basis as of such Payment Date (or which are scheduled to become due and payable prior to the next succeeding Payment Date); Third, in no order of priority among each other but on a pro rata basis as to the amounts described in clauses (A), (B), (C) and (D) as follows: (A) so much of such amounts remaining as is required to pay in full the accrued and unpaid Unused Fees due and owing to the Lenders shall be distributed to the Lenders on a pro rata basis based upon the aggregate Unused Fees due to all Lenders; (B) so much of such amounts remaining as is required to pay in full the accrued but unpaid interest then due in respect of the outstanding Advances shall be distributed to the Lenders on a pro rata basis based upon the outstanding principal amount of Advances funded by such Lenders; (C) so much of such amounts remaining as is required to pay in full the aggregate LIBOR Break Costs, if any, and any other amounts (including any indemnity payments under Section 10.3.2 of the Credit Agreement) owing to the Lenders under the Operative Agreements ...
Sample 1
Scheduled Distributions. To the extent that the right to receive Common Shares with respect to the RSUs has become nonforfeitable in accordance with Section 1 of this Award Agreement, distributions in respect of the Participant’s Account shall be made, subject to the terms and conditions of Section 5 hereof, in the form of Common Shares equivalent to the number of vested RSUs in the Participant’s Account, deliverable to the Participant upon vesting, subject to the rules and regulations established by §409A of the Internal Revenue Code. Notwithstanding the foregoing, if the Participant is, on the date of his or her “separation from service,” one of the Company’s “specified employees” (as determined by the Company pursuant to §409A), then any portion of the Participant’s RSUs that constitutes deferred compensation within the meaning of §409A of the Internal Revenue Code and is distributable upon the Participant’s separation from service shall not be distributed until the earlier of (a) the first day of the seventh month after the date of the Participant’s separation from service or (b) the date of the Participant’s death.
Sample 1
Scheduled Distributions. In connection with the election to defer Restricted Stock Units, an Employee may irrevocably elect, by completing the Election Form pursuant to Section 2 of this Agreement, to receive a distribution (in the manner provided in Section 6(i)) of his or her Restricted Stock Units in a specified calendar year (a "Scheduled Distribution"). The Scheduled Distribution shall be made in a lump sum payment. Subject to the other terms and conditions of this Agreement, each Scheduled Distribution shall be paid during a sixty (60) day period commencing immediately after the first day of any calendar year designated by the Employee. The calendar year must be at least three (3) calendar years after the end of the calendar year to which the Employee's deferral election relates. By way of example, if Restricted Stock Units are deferred in 2006, the earliest that a Scheduled Distribution could become payable would be during the sixty (60) day period commencing January 1, 2011.
Sample 1
Scheduled Distributions. (i) One-fourth (1/4th) of the Vested Retention Award Account balance shall be distributed to the Participant in a single sum on the third anniversary of the Award Date. (ii) One-third (1/3rd) of the remaining Vested Retention Award Account balance shall be distributed to the Participant in a single sum on the fourth anniversary of the Award Date. (iii) The remaining Vested Retention Award Account balance shall be distributed to the Participant in accordance with the Retention Award Distribution Election Form (the “Election Form”) executed by the Participant. In accordance with the Election Form, the remaining Vested Retention Award Account balance shall be paid in a single sum on (A) the fifth anniversary of the Award Date or (B) upon the latest to occur of (x) the fifth anniversary of the Award Date, (y) the date on which the Participant has a Separation from Service, or (z) a specified date (which shall not be later than the date the Participant attains age sixty-five (65)). If a distribution is payable under this paragraph 4(a) on a specified date, the distribution shall be made on that date or within ninety (90) days after that date. If a distribution is payable under clause (iii)(B) of this paragraph 4(a) on account of the Participant’s Separation from Service, the payment shall be made within ninety (90) days after the date that is six months after the Separation from Service.
Sample 1
Scheduled Distributions 
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Related to Scheduled Distributions

  • Required Distributions Except in the case of a special needs beneficiary, the assets of the Xxxxxxxxx ESA are required to be distributed to the designated beneficiary within 30 days of the designated beneficiary’s attainment of age 30. The designated beneficiary will be subject to both income tax and an additional 10 percent penalty tax on the portion of the distribution that represents earnings, if the designated beneficiary does not have any qualified education expenses in that year. Any balance remaining in the Xxxxxxxxx ESA upon the death of the designated beneficiary will be distributed within 30 days of the designated beneficiary’s death, unless a death beneficiary is named and the death beneficiary is a qualified family member under age 30. If the death beneficiary is a qualified family member under age 30, that individual will become the designated beneficiary as of the date of death. Qualified family members include the designated beneficiary’s child, grandchild, or xxxxxxxxx, brother, sister, stepbrother, or stepsister, nephew or niece, parents, stepparents, or grandparents, uncle or aunt, spouses of all the family members listed above, cousin, and the designated beneficiary’s spouse. If a qualified family member becomes the designated beneficiary, the custodian, if it so chooses for any reason (e.g., due to limitations of its charter or bylaws), may require a total distribution of the Xxxxxxxxx ESA by December 31 of the year following the year of the original designated beneficiary’s death.

  • Qualified Distributions Qualified distributions from your Xxxx XXX (both the contributions and earnings) are not included in your income. A qualified distribution is a distribution which is made after the expiration of the five-year period beginning January 1 of the first year for which you made a contribution to any Xxxx XXX (including a conversion from a Traditional IRA), and is made on account of one of the following events. • Attainment of age 59½ • Disability • First-time homebuyer purchase • Death For example, if you made a contribution to your Xxxx XXX for 2007, the five-year period for determining whether a distribution is a qualified distribution is satisfied as of January 1, 2012.

  • Interim Distributions At such times as may be determined by it in its sole discretion, the Trustee shall distribute, or cause to be distributed, to the Beneficiaries, in proportion to the number of Trust Units held by each Beneficiary relating to the Trust, such cash or other property comprising a portion of the Trust Assets as the Trustee may in its sole discretion determine may be distributed without detriment to the conservation and protection of the Trust Assets in the Trust.

  • Payment of Distributions Subject to the preferential rights of Holders of any class or series of Partnership Interests of the Partnership now or hereafter issued and outstanding, ranking senior to the Series B Preferred Units with respect to the payment of distributions, pursuant to Section 5.1, the General Partner, as holder of the Series B Preferred Units, shall be entitled to receive, when, as and if authorized by the General Partner, out of Available Cash, cumulative cash distributions in an amount equal to the aggregate Series B Priority Return attributable to such Series B Preferred Units in accordance with this Article 19. Such distributions shall accrue and be cumulative from and including the first date on which any Series B Preferred Units are issued or, if later, the most recent Series B Preferred Unit Distribution Payment Date (as defined below) to which distributions have been paid in full (or declared and the corresponding Series B Distribution Record Date has passed), and shall be payable (i) quarterly in arrears, on the last calendar day of March, June, September and December, of each year commencing on or about March 30, 2018, and, (ii), in the event of a redemption of Series B Preferred Units, on the redemption date (each a “Series B Preferred Unit Distribution Payment Date”); provided, however, if any Series B Preferred Unit Distribution Payment Date is not a Business Day, then the distribution which would otherwise have been payable on such Series B Preferred Unit Distribution Payment Date may be paid, at the General Partner’s option, on either the immediately preceding Business Day or the next succeeding Business Day, except that, if such Business Day is in the next succeeding calendar year, such payment shall be made on the immediately preceding Business Day, in each case with the same force and effect as if paid on such Series B Preferred Unit Distribution Payment Date, and no interest or additional dividends or other sums shall accrue on the amount so payable from such Series B Preferred Unit Distribution Payment Date to such next succeeding Business Day.

  • Nonqualified Distributions If you do not meet the requirements for a qualified distribution, any earnings you withdraw from your Xxxx XXX will be included in your gross income and, if you are under age 59½, may be subject to an early distribution penalty tax. However, when you take a distribution, the amounts you contributed annually to any Xxxx XXX and any military death gratuity or Servicemembers’ Group Life Insurance (SGLI) payments that you rolled over to a Xxxx XXX, will be deemed to be removed first, followed by conversion and employer-sponsored retirement plan rollover contributions made to any Xxxx XXX on a first-in, first-out basis. Therefore, your nonqualified distributions will not be taxable to you until your withdrawals exceed the amount of your annual contributions, military death gratuity or SGLI payments and your conversions and employer-sponsored retirement plan rollovers.

  • Cash Distributions Whenever the Depositary receives confirmation from the Custodian of the receipt of any cash dividend or other cash distribution on any Deposited Securities, or receives proceeds from the sale of any Deposited Securities or any other entitlements held in respect of Deposited Securities under the terms hereof, the Depositary will (i) if at the time of receipt thereof any amounts received in a Foreign Currency can in the judgment of the Depositary (pursuant to Section 4.8) be converted on a practicable basis into Dollars transferable to the United States, promptly convert or cause to be converted such cash dividend, distribution or proceeds into Dollars (on the terms described in Section 4.8), (ii) if applicable, establish the ADS Record Date upon the terms described in Section 4.9, and (iii) distribute promptly the amount thus received (net of (a) the applicable fees and charges of, and expenses incurred by, the Depositary and (b) taxes withheld) to the Holders entitled thereto as of the ADS Record Date in proportion to the number of ADSs held as of the ADS Record Date. The Depositary shall distribute only such amount, however, as can be distributed without attributing to any Holder a fraction of one cent, and any balance not so distributed shall be held by the Depositary (without liability for interest thereon) and shall be added to and become part of the next sum received by the Depositary for distribution to Holders of ADSs outstanding at the time of the next distribution. If the Company, the Custodian or the Depositary is required to withhold and does withhold from any cash dividend or other cash distribution in respect of any Deposited Securities an amount on account of taxes, duties or other governmental charges, the amount distributed to Holders on the ADSs representing such Deposited Securities shall be reduced accordingly. Such withheld amounts shall be forwarded by the Company, the Custodian or the Depositary to the relevant governmental authority. Evidence of payment thereof by the Company shall be forwarded by the Company to the Depositary upon request.

  • Restricted Distributions Notwithstanding any provision to the contrary contained in this Agreement, neither the Partnership nor the General Partner, on behalf of the Partnership, shall make a distribution to any Holder if such distribution would violate the Act or other applicable law.

  • Change in Form or Timing of Distributions All changes in the form or timing of distributions hereunder must comply with the following requirements. The changes: (a) may not accelerate the time or schedule of any distribution, except as provided in Section 409A of the Code and the regulations thereunder; (b) must, for benefits distributable under Sections 2.1, 2.2, 2.3 and 2.4, delay the commencement of distributions for a minimum of five (5) years from the date the first distribution was originally scheduled to be made; and (c) must take effect not less than twelve (12) months after the election is made.

  • REMIC Distributions On each Distribution Date the Trustee shall be deemed to have allocated distributions to the REMIC I Regular Interests, REMIC II Regular Interests, Class CE Interest, Class P Interest and Class IO Interest in accordance with Section 5.07 hereof.

  • Final Distributions Upon the winding up of the LLC, the assets must be distributed as follows: (a) to the LLC creditors; (b) to Members in satisfaction of liabilities for distributions; and (c) to Members first for the return of their contributions and secondly respecting their LLC interest, in the proportions in which the Members share in profits and losses.

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