Subsequent Distributions. If the Escrow Agent is required to retain any portion of the Holdback Cash or Holdback Units after the Release Date in accordance with Section 1.10 e. above, then the duration of the Escrow shall be extended and, from time to time, upon receipt of Joint Instructions or a Final Award with respect to any Purchaser Claims that were not resolved on or prior to the Release Date, the Escrow Agent shall distribute to Purchaser such portion of the Holdback Cash and Holdback Units, if any, that is necessary to satisfy the Purchaser Claims in accordance with such Joint Instructions or Final Award, and thereafter distribute any remaining Holdback Cash and Holdback Units to the Shareholder Representative.
Subsequent Distributions. The Retained Escrow Amount shall only be distributed by the Escrow Agent pursuant to (b) Joint Instructions or (c) a final written non-appealable order issued by a court of competent jurisdiction with respect to any Continuing Claim. Upon the final resolution of any Continuing Claim, or if court proceedings shall not have been commenced with respect to such Continuing Claim within ninety (90) days after the date the Claim Notice in respect of such Claim was delivered to the Escrow Agent, Regency and Member shall promptly execute Joint Instructions instructing the Escrow Agent to release and disburse the portion of the Retained Escrow Amount applicable to such Continuing Claim in accordance with such final resolution or as if such Claim Notice had been withdrawn (in the case of a failure to commence proceedings). If the portion of the Retained Escrow Amount in respect of any Continuing Claim exceeds the Damages relating to such Continuing Claim, Regency and Member shall promptly execute Joint Instructions instructing the Escrow Agent to release and disburse the excess portion of the Retained Escrow Amount applicable to such Continuing Claim. At the end of each calendar quarter, during the pendency of any Continuing Claims, Regency shall provide Member with a written update in which Regency shall set forth (i) whether any Continuing Claim has been finally resolved, (ii) a brief description of the status of each Continuing Claim as of such date, (iii) the amount of Damages applicable to each Continuing Claim and (iv) whether the funds known by Regency to be remaining in the Escrow Account in respect of any Continuing Claim represent any amount in excess of the then currently anticipated Damages relating to such Continuing Claim. Upon the final resolution of all Continuing Claims, Regency and Member shall promptly execute Joint Instructions instructing the Escrow Agent to release and disburse any remaining Escrow Funds, in excess of the Damages relating to such Continuing Claim to which a Regency Indemnitee is entitled and which have been distributed or otherwise paid to such Regency Indemnitee, to Member.
Subsequent Distributions. Any amount of the Escrow Fund and any shares of Escrow Shares that remain in escrow following the Distribution Date shall be disbursed, respectively, to the Disbursement Accounts and to the Accredited Class B Shareholders as soon thereafter as all Claims are resolved and any transfers due to any Apple South Indemnitees as a result of such resolution have been made.
Subsequent Distributions. If at any time (whether before or after termination of the Partnership) any of the funds placed in reserve(s)under this Article are released because, in the opinion of the Liquidating Manager, the need for the reserve(s) has ended, the funds will be distributed in accordance with this Article.
Subsequent Distributions. On each Subsequent Distribution Date, after application of Section 2.2 and after reserving for any Proposed Reallocation pursuant to Section 2.1(d) that has not yet been finally approved or rejected, all Plan Consideration in the General Account shall be distributed to the holders of Allowed Claims against ACC or transferred to the ACC Disputed Claims Reserves as provided in the Plan. The Plan Administrator shall make additional distributions from the appropriate account or Reserve to holders of Allowed Claims on any Subsequent Distribution Date when and as required under the Plan and this Agreement.
Subsequent Distributions. The result of a full-time equivalent (FTE) student membership surveys in October and February will be used to adjust the amount of funds distributed monthly to the School.
Subsequent Distributions. Any per capita dis- tribution of tribal revenues of the Band made after the date of enactment of this Act [Oct. 30, 1998] shall be made to all members of the Band in equal amounts.’’ Any member of the Agua Caliente Band (here- inafter called the ‘‘band’’) who is living on Sep- tember 21, 1959, and who has not received an al- lotment of land shall be given an allotment in accordance with the provisions of law existing prior to this Act. No further allotments of land shall thereafter be made to any other or future born members of the band, or to their heirs or devisees, except for the purpose of equalization. This prohibition against further allotments shall not be construed as a closing of the band’s membership rolls. (Pub. L. 86–339, § 2, Sept. 21, 1959, 73 Stat. 602.) References in Text The words ‘‘prior to this Act’’, referred to in text, mean prior to enactment of Act Sept. 21, 1959, Pub. L. 86–339.
(a) Determination of value of unallotted and al- lotted lands; exclusion of deceased allottees’ allotments
(b) Lands not subject to allotment
Subsequent Distributions. (a) WDC shall (i) be entitled to retain the Retained Stock until the time of a Subsequent Distribution, and (ii) dispose of the Retained Stock pursuant to one or more Subsequent Distributions within twelve (12) months of the Distribution Date. WDC shall, in its sole and absolute discretion, determine whether to effectuate a Subsequent Distribution through one or more Clean-Up Distributions, Debt Exchanges or combination thereof.
(b) To the extent WDC determines to effectuate a Subsequent Distribution as a Debt Exchange, such Debt Exchange shall be effected by means of an intermediated exchange with the Debt Exchange Parties based on arm’s-length terms and conditions, which terms and conditions shall allocate to the Debt Exchange Parties any risk of loss with respect to any Exchange Debt subject to such Debt Exchange and the Retained Stock transferred to any such Debt Exchange Parties pursuant to such Debt Exchange. All profit gained by any Debt Exchange Party shall solely be for such Debt Exchange Party’s account and no such profit shall inure to the benefit of WDC, Spinco or their respective Affiliates.
(c) Spinco shall cooperate with WDC in all respects to accomplish any Subsequent Distribution and shall, at WDC’s direction, promptly take any and all reasonable actions necessary or desirable to effect any Subsequent Distribution, including the registration under the Securities Act of the offering of the Retained Stock on an appropriate registration form or forms to be designated by WDC and the filing of any necessary documents pursuant to the Exchange Act and the prompt provision of such financial and other information that may be requested by WDC pursuant to Section 5 of this Agreement.
(d) WDC shall manage the negotiations in connection with any Subsequent Distribution and shall select any investment bank(s), manager(s), underwriter(s) or dealer-manager(s) in connection with any Subsequent Distribution, as well as any financial printer, solicitation and/or exchange agent and financial, legal, accounting, tax and other advisors and service providers in connection with any Subsequent Distribution. Spinco and WDC, as the case may be, shall provide to the exchange or distribution agent all share certificates (to the extent certificated) or book-entry authorizations (to the extent not certificated) and Spinco shall provide to WDC and the exchange or distribution agent (as directed by WDC) any information required in order to complete any Subsequent Distribu...
Subsequent Distributions. 8.5.1. All subsequent Cash Distributions after the First Cash Distribution Date shall be made in accordance with all the provisions contained in this Clause 8 every six months following the First Cash Distribution Date, subject to the Scheme Supervisors’ right to defer a Cash Distribution if the total amount of any such Cash Distribution would in the sole discretion of the Scheme Supervisors acting reasonably be so small as to be disproportionate to the cost of effecting such Cash Distribution.
8.5.2. Any Reservations no longer required and any Released Funds may be distributed in subsequent Cash Distributions.
Subsequent Distributions. As and to the extent that Distributable Creditor Trust RCS Assets become available for distribution, as determined by the Creditor Trust Board, the Creditor Trust Board shall establish a Distribution Record Date and a Distribution Date for the distribution of such assets, and the Creditor Trust shall make distribution of such assets on such Distribution Date (including the Disputed Claims Reserve) to the holders of Series A-1 Units of record on such Distribution Record Date, Pro Rata. Distributions of Distributable Creditor Trust RCS Assets shall be made at least annually; provided, however, that annual distributions are not required to be made if the Creditor Trust Board determines that the aggregate amount of Distributable Creditor Trust RCS Assets at the time is such as would make the distribution impracticable, in which case such Distributable Creditor Trust RCS Assets will be included in Distributable Creditor Trust RCS Assets on a subsequent Distribution Date.
