ADJUSTMENT OF THE DISTRIBUTOR’S ALLOCABLE PORTION AND EACH SUCCESSOR DISTRIBUTOR’S ALLOCABLE PORTION The parties to the Distribution Agreement recognize that, if the terms of any distributor’s contract, any distribution plan, any prospectus, the FINRA Conduct Rules or any other applicable law change so as to disproportionately reduce, in a manner inconsistent with the intent of this Distribution Agreement, the amount of the Distributor’s Allocable Portion or any Successor Distributor’s Allocable Portion had no such change occurred, the definitions of the Distributor’s Allocable Portion and/or the Successor Distributor’s Allocable Portion in respect of the Class C shares relating to a Fund shall be adjusted by agreement among the relevant parties; provided, however, if the Distributor, the Successor Distributor and the Fund cannot agree within thirty (30) days after the date of any such change in applicable laws or in any distributor’s contract, distribution plan, prospectus or the FINRA Conduct Rules, they shall submit the question to arbitration in accordance with the commercial arbitration rules of the American Arbitration Association and the decision reached by the arbitrator shall be final and binding on each of them. The following relates solely to Class 529-C shares. The Distributor’s Allocable Portion of Distribution Fees and CDSCs in respect of Class 529-C shares shall be 100% until such time as the Distributor shall cease to serve as exclusive distributor of Class 529-C shares; thereafter, collections that constitute CDSCs and Distribution Fees relating to Class 529-C shares shall be allocated among the Distributor and any successor distributor (“Successor Distributor”) in accordance with this Schedule. At such time as the Distributor’s Allocable Portion of the Distribution Fees equals zero, the Successor Distributor shall become the Distributor for purposes of this Allocation Schedule. Defined terms used in this Schedule and not otherwise defined herein shall have the meanings assigned to them in the Principal Underwriting Agreement (the “Distribution Agreement”), of which this Schedule is a part. As used herein the following terms shall have the meanings indicated:
Supplemental Funding Unless otherwise defined by program rules, Supplemental Funding is the award of additional funds to provide for an increase in costs due to unforeseen circumstances. The State will comply with all Federal program agency policies and procedures for requesting supplemental grant funding. The State will comply with the following guidelines when requesting supplemental funding for the Medical Assistance Program and associated administrative payments (CFDA 93.778): The State must submit a revised Medicaid Program Budget Report (CMS-37) to request supplemental funding. The CMS guidelines and instructions for completing the CMS-37 are provided in Section 2600F of the State Medicaid Manual (SMM). The CMS/CO must receive the revised Form CMS-37 through the Medicaid Budget Expenditure System/Children's Budget Expenditure System (MBES/CBES) no later than 10 calendar days before the end of the quarter for which the supplemental grant award is being requested. Additional guidance on this policy is available from the respective CMS Regional Office, U.S. Department of Health & Human Services. The State will comply with the following guidelines when requesting supplemental funding for TANF (CFDA 93.558), CCDF (CFDA 93.575), CSE (93.563), and the FC/AA (CFDA 93.658 and CFDA 93.659) programs administered by the U.S. Department of Human Services, Administration for Children and Families (HHS/ACF):
a. Timing of the Request A State should initiate its request for supplemental funding during a quarter as soon as it becomes aware of the fact that a shortfall does/will exist. For the TANF and CCDF grants, supplemental funding requests (estimates) may be submitted by a State, for consideration by ACF, up through and including the 15th day of the third month of the first, second or third quarter of any fiscal year. Since TANF and CCDF are block grant programs, all unawarded portions of the annual allotment will automatically be issued at the beginning of the fourth quarter. Therefore, supplemental funding requests will not be available during the fourth quarter for these programs. For the CSE and FC/AA programs, supplemental funding requests may be submitted by a state, for consideration by ACF, up through and including the 15th day of the third month of any quarter of a fiscal year.
Supplemental Services 4.1.1 The services listed below are not included in Basic Services but may be required for the Project. The Architect shall provide the listed Supplemental Services only if specifically designated in the table below as the Architect’s responsibility, and the Owner shall compensate the Architect as provided in Section 11.2. Unless otherwise specifically addressed in this Agreement, if neither the Owner nor the Architect is designated, the parties agree that the listed Supplemental Service is not being provided for the Project.
Supplemental Compensation Pursuant to Section 7 of the Agreement, Supplemental Compensation is payable as follows.
Supplemental Pay 1. Percent To Be of Individual Step
2. Supplemental pay shall be computed based on step less $2,000. Head Football, Sr. High 12% High School Band Director 9.5% Ass't Football, Sr. High 8% Play (maximum of 2 plays per year) 3% Head Basketball, Sr. High 12% Musical Vocal 3% Ass't Basketball, Sr. High 8% Musical Drama 3% Head Wrstling, Sr. High 12% Musical Instrumental 1% Ass't Wrestling, Sr. High 8% Intramural Dir. & Supervisor 4% Head Track, Sr. High 10% Head Sponsor Yearbook 4% Ass't Track, Sr. High 7% Head Sponsor STUCO 2.5% Head Volleyball, Sr. High 10% Head Sponsor Senior Class 2.5% Ass't Volleyball, Sr. High 7% Head Sponsor Junior Class 2.5% Head Baseball, Sr. High 10% Dept. Chairman 2.5% Ass't Baseball, Sr. High 7% Head Sponsor Grizzly Spirit 2.5% Head Softball, Sr. High 10% Head Sponsor FBLA 2.5% Ass't Softball, Sr. High 7% Head Sponsor FFA 2.5% Boys' Tennis, Sr. High 8% Head Sponsor HOSA 2.5% Ass't Boys' Tennis, Sr. High 3.5% Head Sponsor FHA 2.5% Girls' Tennis, Sr. High 8% Head Sponsor VICA 2.5% Ass't Girls' Tennis, Sr. High 3.5% Head Scholar's Bowl, Sr. High 5% Xxxx, Xx. High 6% Director of Summer Conditioning 6% Ass't Golf, Sr. High 2.5% Debate 5% Cross Country, Sr. High 8% Forensics 5% Ass't Cross Country, Sr. High 3.5% Swim Coach 6% Ass't Swim Coach 2.5% Varsity Cheerleader Coach 7% Freshmen Cheerleader Coach 5% Dance Team Sponsor 5% 7th & 8th Football 6% 7th & 8th Head Scholar's Bowl 3% 7th & 8th B. Basketball 6% Elementary Yearbook Sponsor 3% 7th & 8th G. Basketball 6% Elementary Music/Band 1.5% 7th & 8th Volleyball 6% 7th & 8th Track 6% 7th & 8th Wrestling 6% Jr. High Cheerleader Sponsor 7th & 8th Ass't Coach 5% Supplemental pay for travel relative to multiple school assignments on the same school day shall be the prevailing state rate per mile, on August 1 of the current school year, for the predetermined district calculation of distance traveled from an assigned school to the next assigned school in the same school day. Travel payments shall be paid monthly for actual predetermined total miles driven by the teacher assigned to multiple buildings in a single school day, for the time period beginning the 1st of each month and concluding the last day of the same month prior to each district monthly payroll date. Altamont to Xxxxxxxx 14.06 Xxxxxxxx to Xxxx 9.76 Altamont to Xxxx 13.02 Xxxxxxxx to Xxxxx Xxxxxx 00.00 Xxxxxxxx to Meadow View 7.96 Xxxx to Xxxxx Xxxxxx 00.00 Xxxxxxxx to Mound Valley 7.46 Xxxxxxxx to LCHS 13.98 Meadow View to Xxxxxxxx 20.92 Xxxx to LCHS 13.22 Meadow View to Xxxx 20.72 Meadow View to LCHS 7.87 Meadow View to Xxxxx Xxxxxx 00.00 Xxxxx Xxxxxx to LCHS 7.66 Supplemental Pay for building level technology support and committee meetings that meet beyond the duty day and are assigned or approved in advance by the superintendent shall be compensated at $10 per hour. Supplemental Pay Summer Trip Sponsors: Sponsors who sponsor approved summer state and national trips shall be paid at the rate of $72 per day except that if the sponsor is on an extended contract the trip days to be sponsored may, at the discretion of the superintendent, be traded for extended contract days. Supplemental Pay In-School Suspension Supervising: Teachers who supervise, at the request of the building administrator, the in-school suspension after the close of the school day shall be paid at the rate of $6 per hour for the time, they supervise the students being detained. Supplemental Pay Summer School: Supplemental pay for summer school shall be at the Board approved daily substitute teacher amount for a workday no less than five (5) hours. Supplemental Pay for Curriculum Development: Supplemental pay for approved curriculum development outside the contract day shall be eleven ($11) dollars per hour employed. Supplemental Pay for Summer Institute: As funds are available annually and approved by the Board of Education, the superintendent and/or his/her designee, in consultation with the Professional Development Committee, shall schedule an in-district professional learning opportunity designated “Summer Institute” for certified staff members. Participation shall be voluntary; however, those certified staff members choosing to voluntarily participate in Summer Institute, may be required by the superintendent to participate in all or a majority of the scheduled professional learning opportunities as a condition of being allowed to participate in Summer Institute. Certified staff members choosing to participate in Summer Institute shall be compensated at a rate of no less than eleven ($11) dollars per hour. Based upon an annual review of available funding, the superintendent may recommend to the Board, a Summer Institute hourly payment, which may exceed eleven ($11) dollars per hour. Said payment, as recommended by the superintendent and Board approved, shall not obligate the Board to similar payments in future years. The Board approved payment amount for Summer Institute shall be made only to those certified staff members participating in the designated Summer Institute professional learning opportunity. Certified staff members shall not substitute other professional learning opportunities for Summer Institute payment. Supplemental Pay for Summer Driver Education: Driver’s Education instructors will be paid $150.00 per student. Supplemental Pay for National Board-Certified Teachers: The Board shall pay a $1000 annual stipend for National Board for Professional Teaching Standards, National Board-Certified Teachers during the life of the NBPTS license. This stipend shall be in addition to any state stipend for same. Professional Learning Communities: The district will provide transportation to teachers required to attend Professional Learning Community meetings in any town that is not their home school.
Payment and Year-End Adjustment Amounts accrued pursuant to this Agreement shall be payable to the Adviser as of the last day of each month. If necessary, on or before the last day of the first month of each fiscal year, an adjustment payment shall be made by the appropriate party in order that the actual Fund Operating Expenses of a Fund for the prior fiscal year (including any reimbursement payments hereunder with respect to such fiscal year) do not exceed the Maximum Annual Operating Expense Limit.
COSTS DISTRIBUTED THROUGH COUNTYWIDE COST ALLOCATIONS The indirect overhead and support service costs listed in the Summary Schedule (attached) are formally approved as actual costs for fiscal year 2022-23, and as estimated costs for fiscal year 2024-25 on a “fixed with carry-forward” basis. These costs may be included as part of the county departments’ costs indicated effective July 1, 2024, for further allocation to federal grants and contracts performed by the respective county departments.
Supplemental Life Insurance In addition to the life insurance benefits provided by this agreement, employees may subscribe voluntarily and at their own expense for supplemental life insurance. Employees may subscribe for an amount not to exceed five hundred thousand dollars ($500,000), of which one hundred thousand ($100,000) is a guaranteed issue, provided the election is made within the required enrollment periods.
Supplemental Retirement Plan During the Contract Period, if the Executive was entitled to benefits under any supplemental retirement plan prior to the Change in Control, the Executive shall be entitled to continued benefits under such plan after the Change in Control and such plan may not be modified to reduce or eliminate such benefits during the Contract Period.
Incremental Term Loans (a) The Borrower shall have the right from time to time during the term of this Agreement, and subject to the terms and conditions set forth in this Section 2.17, to request in writing incremental term loans (the “Incremental Term Loans”) be made under this Agreement by Incremental Term Lenders pursuant to one or more Incremental Term Loan Agreements. Such notice to the Administrative Agent shall set forth the date on which such Incremental Term Loans are requested to be made (which shall not be less than three (3) Business Days nor more than 60 days after the date of such notice (which time periods may be modified or waived at the discretion of the Administrative Agent)) and include the applicable completed Incremental Term Loan Agreement for such Incremental Term Loans as an attachment thereto; provided that, notwithstanding anything to the contrary contained herein or in any Incremental Term Loan Agreement, such Incremental Term Loans shall mature on the Maturity Date, shall not require any mandatory prepayments thereof and shall not amortize. In connection with any such request, the consent of the Administrative Agent shall be required (such consent not to be unreasonably withheld, conditioned or delayed), but no consent of any Lender (other than any Lender providing an Incremental Term Loan pursuant to such request) is required to be obtained.
(b) Any such Incremental Term Loans shall be made, at the option of the Borrower, by (x) one or more existing Lenders and/or (y) one or more financial institutions that is not an existing Lender (any such Lender or financial institution referred to in this Section 2.17(b) being called an “Incremental Term Lender”); provided that any such non-existing Lender or financial institution (A) must be an Eligible Assignee, (B) must have an Incremental Term Loan of at least $5,000,000 unless otherwise agreed to by the Administrative Agent and the Borrower and (C) must become an Incremental Term Lender under this Agreement by execution and delivery of an Incremental Term Loan Agreement; provided, further, that no Lender shall be required to become an Incremental Term Lender and any Lender or financial institution approached to provide an Incremental Term Loan may elect or decline, in its sole discretion, to provide such Incremental Term Loan.
(c) The Borrower and each Incremental Term Lender that has agreed to provide an Incremental Term Loan pursuant to such request shall execute and deliver to the Administrative Agent an Incremental Term Loan Agreement and such other documentation as the Administrative Agent shall reasonably specify to provide for the requested Incremental Term Loans.
(d) Notwithstanding the foregoing, no Incremental Term Loan Agreement shall become effective and no Incremental Term Loans shall be provided under this Section 2.17 unless:
(i) no Default or Event of Default shall exist at the time of the request or at the time of the making of the proposed Incremental Term Loans;
(ii) all conditions precedent for a Borrowing set forth in Section 4.02 have been satisfied;
(iii) the Borrower shall have provided Incremental Term Loan Cash Collateral as required pursuant to Section 6.10 hereof and the Administrative Agent shall have received copies of the Collateral Documents or any amendments thereto that the Administrative Agent shall deem reasonably necessary, signed, to the extent applicable, by each of the parties thereto (or, in the case of any party as to which an executed counterpart shall not have been received, receipt by the Administrative Agent of telegraphic, telecopy, electronic communication or other written confirmation from such party of execution of a counterpart thereof by such party), in each case in form and substance reasonably satisfactory to the Administrative Agent;
(iv) the Administrative Agent shall have received customary legal opinions, resolutions and closing certificates and other documentation as it shall reasonably request, in each case in form and substance reasonably satisfactory to the Administrative Agent; and
(v) to the extent requested by any Incremental Term Lender making an Incremental Term Loan, the Borrower shall have executed and delivered Incremental Term Notes in favor of such Incremental Term Lenders evidencing such Incremental Term Loans.
