Supplemental Distribution Sample Clauses

Supplemental Distribution. 39 3.10 Monitor's Fees and Expenses ................................................................................................ 39 3.11 No Distribution of New ABH Common Stock to Unaffected Creditors......................... 39 3.12
Sample 1
AutoNDA by SimpleDocs
Supplemental Distribution. The Applicants shall, as soon as practicable on or after the Implementation Date, make a supplemental distribution in Cash in the(the "Supplemental Distribution") in a maximum individual amount of up to Cdn$ be determined by the Applicants, in consultation with the Monitor, to such present or former employees: (i) who were employed by the Applicants, other than the Cross-border Debtors, on or after the Date of Filing,; and (ii) who are holding an Affected Unsecured Claim that is a Proven Claim (the "Supplemental Distribution"),; provided, however, that the aggregate amount payable hereunder shall not exceed Cdn$ 5 million. No later than ten (10) days prior to the Implementation Date, the Applicants, other than the Cross-border Debtors, shall determine, in consultation with the Monitor, the employees who shall be entitled to receive such Supplemental Distribution (the "Eligible Employees") and the pro rata amount of the Supplemental Distribution to be allocated to each Eligible Employee, provided, however, that (i) no Eligible Employee shall have a right of review or appeal in respect of such allocation which shall, for all purposes, be final and binding upon the Eligible Employees, and (ii) theany Affected Claim of each Eligible Employee shall, for distribution purposes under this CCAA Plan, be reduced by the amount of such Eligible Employee's Supplemental Distribution.
Sample 1
Supplemental Distribution. Pursuant to the Asset Agreement, Seller transferred to Buyer certain assets associated with Seller's creosote marketing and distribution business, including registrations with the United States Environmental Protection Agency ("EPA"), pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act ("FIFRA"), of pesticide products that contain Creosote as a pesticide active ingredient. Promptly following execution of this Agreement, Buyer shall apply jointly with Seller to register such pesticide products for supplemental distribution ("distributor products") by Seller pursuant to EPA regulations and procedures. Seller shall not distribute or sell such distributor products except (1) while Buyer is in breach of any obligation, covenant, representation, or warranty under this Agreement after the time for cure as provided in Section 11 hereof, (2) during the period of any FORCE MAJEURE as defined in Section 10 hereof which prevents or delays the performance of Buyer's obligations under this Agreement (but only to the extent affected thereby), or (3) when there occurs the insolvency, bankruptcy, reorganization or liquidation of, or appointment of a receiver for, substantially all of the assets of Buyer. b.
Sample 1
Supplemental Distribution. On July 15, 2005, ANEXCO shall pay Sterling up to $1,500,000 in immediately available funds (the "Supplemental Distribution") to the extent that ANEXCO has not incurred a bad debt write-off (in accordance with generally accepted U.S. accounting principles consistently applied) of any accounts receivable due ANEXCO from "Customer A" (as such term is defined in a letter agreement by and between ANEXCO and Sterling dated as of the Effective Date (the "Customer Letter Agreement") as of the date of the Separation Agreement. The parties hereto acknowledge and agree that, for purposes of this Section 1.1.2, any funds received by ANEXCO from Customer A from and after the date of this Separation Agreement shall be applied to the outstanding balance due ANEXCO as of the date of this Separation Agreement, irrespective of any allocation of such funds by Customer A or ANEXCO to any other purpose. If ANEXCO incurs any such bad debt write-off on or before July 15, 2005, the amount of the Supplemental Distribution shall be reduced by an amount equal to the lesser of $1,500,000 and 10% of such bad debt write-off. Upon receipt of any Supplemental Distribution, Sterling will execute and deliver to ANEXCO a receipt for such Supplemental Distribution, substantially in the form of the receipt attached hereto as Exhibit A-2.
Sample 1

Related to Supplemental Distribution

  • Final Distribution The liquidator will distribute any assets remaining after the discharge or accommodation of the Company’s debts, obligations and liabilities to the Member.

  • Special Distribution If and whenever the Company shall issue or distribute to all or substantially all the holders of Common Stock:

  • Final Distributions Section 8.01. Sale of Receivables or Certificateholders' Interest pursuant to Section 2.06 or 10.01 of the Agreement and Section 7.01 or 7.02 of this Supplement.

  • Special Distributions In case the Company shall fix a record date for the making of a distribution to all holders of shares of Common Stock (including any such distribution made in connection with a consolidation or merger in which the Company is the surviving corporation) or evidences of indebtedness or assets (other than dividends and distributions referred to in Sections 4(c) and 4(d) above and other than cash dividends) or of subscription rights, options, warrants, or exchangeable or convertible securities containing the right to subscribe for or purchase shares of any class of equity securities of the Company (excluding those referred to in Section 4(e) above), the Warrant Price to be in effect on and after such record date shall be adjusted by multiplying the Warrant Price in effect immediately prior to such record date by a fraction (i) the numerator of which shall be the fair market value per share of Common Stock on such record date, less the fair value (as determined by the Board of Directors of the Company in good faith as set forth in a duly adopted board resolution certified by the Company's Secretary or Assistant Secretary) of the portion of the assets or evidences of indebtedness so to be distributed or of such subscription rights, options, warrants, or exchangeable or convertible securities applicable to one (1) share of the Common Stock outstanding as of such record date, and (ii) the denominator of which shall be such fair market value per share of Common Stock. Such adjustment shall be made successively whenever such a record date is fixed; and in the event that such distribution is not so made, the Warrant Price shall again be adjusted to be the Warrant Price which would then be in effect if such record date had not been fixed, but such subsequent adjustment shall not affect the number of Warrant Shares issued upon any exercise of this Warrant prior to the date such subsequent adjustment was made. h.

  • Residual Distributions If the Liquidation Preference has been paid in full to all holders of Designated Preferred Stock and the corresponding amounts payable with respect of any other stock of the Issuer ranking equally with Designated Preferred Stock as to such distribution has been paid in full, the holders of other stock of the Issuer shall be entitled to receive all remaining assets of the Issuer (or proceeds thereof) according to their respective rights and preferences.

  • 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.

  • 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.

  • REMIC Designations and REMIC Distributions (a) The Trustee shall elect that each of REMIC I, REMIC II, REMIC III, REMIC IV, REMIC V and REMIC VI shall be treated as a REMIC under Section 860D of the Code. Any inconsistencies or ambiguities in this Agreement or in the administration of this Agreement shall be resolved in a manner that preserves the validity of such REMIC elections. The assets of REMIC I shall include the Mortgage Loans and all interest owing in respect of and principal due thereon, the Distribution Account, the Protected Account, any REO Property, any proceeds of the foregoing and any other assets subject to this Agreement (other than the Reserve Fund, any Prepayment Charge Waiver Amounts and, for the avoidance of doubt, the Supplemental Interest Trust, the Swap Agreement, the Yield Maintenance Agreement, the Derivative Account and any rights or obligations in respect of the Derivative Administration Agreement). The REMIC I Regular Interests shall constitute the assets of REMIC II. The REMIC II Regular Interests shall constitute the assets of REMIC III. The Class CE Interest shall constitute the assets of REMIC IV. The Class P Interest shall constitute the assets of REMIC V. The Class IO Interest shall constitute the assets of REMIC VI.

  • Certificate Distribution Account The Certificate Distribution Account shall be established as a non-interest bearing trust account pursuant to Section 4.1 of the Sale and Servicing Agreement. Funds on deposit in the Certificate Distribution Account shall be held uninvested. The Certificateholders shall possess all beneficial right, title and interest in and to all funds on deposit from time to time in the Certificate Distribution Account and all proceeds thereof. Except as otherwise provided herein, in the Indenture or in the Sale and Servicing Agreement, the Certificate Distribution Account shall be under the sole dominion and control of the Certificate Paying Agent for the benefit of the Certificateholders. If, at any time, the Certificate Distribution Account ceases to be an Eligible Account, the Servicer on behalf of the Issuer, shall, within ten (10) Business Days (or such longer period) after becoming aware of the fact, establish a new Certificate Distribution Account as an Eligible Account and shall direct the Certificate Paying Agent to transfer any cash then on deposit in the Certificate Distribution Account to such new Certificate Distribution Account.

Time is Money Join Law Insider Premium to draft better contracts faster.