Surplus Amounts Sample Clauses

Surplus Amounts. The Fiscal Agent shall transfer any amounts in the Bond Reserve Fund in excess of the Bond Reserve Requirement on March 1 and September 1 of each year, in accordance with instructions from the City, either to the City for deposit into the Community Facilities Fund or to the Rebate Fund; provided that such amounts shall be transferred only from the portion of the Bond Reserve Fund held in the form of cash or Investment Securities.
Sample 1
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Surplus Amounts. (a) Prior to the Completion Support Release Date, the Borrower shall ensure that all Surplus Amounts are paid into the Surplus Account promptly upon receipt by an Obligor or are otherwise applied for mandatory prepayment (as if those Surplus Amounts represented Claim Proceeds, Disposal Proceeds, Eminent Domain Proceeds, Insurance Proceeds or, as the case may be, Termination Proceeds required to be applied in mandatory prepayment pursuant to paragraph 2 above) in accordance with paragraphs 2 and 3 above. Subject to the terms of the Finance Documents, the Borrower shall be entitled to withdraw from the Surplus Account at any time such amounts as are standing to the credit of such account: (i) to pay Project Costs solely for any purpose (and in the order) specified in paragraphs 6.2(a) to 6.2(f) (inclusive) of Schedule 7 (Accounts) (save that no such amounts may be applied for the purposes specified in paragraphs 6.2(c)(i) to (iii) (inclusive) or paragraph 6.2(d) of Schedule 7 (Accounts)); (ii) to make prepayments and/or payments in respect of the Facilities; (iii) for reinvestment in the Project; (iv) for payment of preliminary project development, construction, design and similar costs in relation to the Phase II Project provided that the aggregate amount of all such costs permitted to be withdrawn pursuant to this paragraph (iv) shall not, without the prior written consent of the Agent (acting on the instructions of the Majority Lenders), exceed US$75,000,000 (or its equivalent); and (v) where such amounts are derived from or relate to the Phase II Project or any asset comprised therein, for payment of costs in respect of or other reinvestment in the Phase II Project. (b) Any Surplus Amounts received on or after the Completion Support Release Date and any amounts standing to the credit of the Surplus Account as at the Completion Support Release Date may, at the Borrower’s election, be applied towards the Phase II Project (in accordance with the Phase II Fully Funded Plan approved by the Majority Lenders) provided that the Phase II Conditions are satisfied or otherwise towards investment in the Project or the other purposes set out in paragraph (a) above. (c) Any Surplus Amount received after the Completion Support Release Date and any amounts standing to the credit of the Surplus Account at any time after the Completion Support Release Date (following any application contemplated by paragraph (b) above) shall be transferred and paid into the Revenue Accoun...
Sample 1
Surplus Amounts. 4.1 To the extent that there are any amounts standing to the credit of the Lisheen Escrow Account on 31 December 2013 (including, for the avoidance of doubt, any reimbursements from the relevant Irish authorities) (the “Lisheen Surplus Amount”) such amounts shall be for the benefit of the Lisheen Sale Group. 4.2 The Purchaser acknowledges and agrees that neither the Lisheen Seller nor any member of the Seller’s Group shall have any liability whatsoever in respect of any redundancy claims whether under the Lisheen Escrow Account or otherwise except as provided in this Agreement and, in any circumstances, (i) in excess of the Lisheen Escrow Amount or (ii) at any time following 31 December 2013. 4.3 The Purchaser hereby agrees that to the extent any amounts standing to the credit of the Lisheen Escrow Account are transferred to the Lisheen Group Entities, on or after 31 December 2013, it shall ensure that appropriate arrangements are agreed between it, the Lisheen Group Entities and representatives of the Lisheen Group Entities’ employees, to provide for the safeguarding of such amounts, by means of escrow or otherwise, prior to their release from the Lisheen Escrow Account. The Purchaser acknowledges that neither Anglo nor any of its subsidiaries, shall have any obligations or responsibilities to any party, in respect of any such arrangements entered into in this regard, after the closure of the Lisheen Escrow Account or 31 December 2013, whichever occurs first. The Purchaser hereby indemnifies the Lisheen Seller and the Sellers’ Group and agrees to hold the Lisheen Seller and the Sellers’ Group harmless against all claims made against the Lisheen Seller and the Sellers’ Group all costs and expenditure incurred by the Lisheen Seller and the Sellers’ Group, and all losses and damages suffered by the Lisheen Seller and the Sellers’ Group, to the extent arising out of any claim in respect of (i) any failure by the Purchaser to procure the Purchaser Lisheen Funding (to the extent required pursuant to paragraph 2 above) and (ii) any claims by current or former employees of the Lisheen Group Entities which are not provided for by, or are otherwise in excess of, the Lisheen Escrow Amount.
Sample 1

Related to Surplus Amounts

  • Distributions of Available Cash From Operating Surplus Available Cash that is deemed to be Operating Surplus pursuant to the provisions of Section 6.3 or Section 6.5 shall be distributed as follows, except as otherwise contemplated by Section 5.6(b) in respect of additional Partnership Interests issued pursuant thereto (including pursuant to Article V with respect to the Preferred Units): (a) First, 100% to the General Partner and the Unitholders, Pro Rata, until there has been distributed in respect of each Unit then Outstanding an amount equal to the Minimum Quarterly Distribution for such Quarter; (b) Second, 100% to the General Partner and the Unitholders, Pro Rata, until there has been distributed in respect of each Unit then Outstanding an amount equal to the excess of the First Target Distribution over the Minimum Quarterly Distribution for such Quarter; (c) Third, (i) to the General Partner in accordance with its Percentage Interest; (ii) 13% to the holders of the Incentive Distribution Rights, Pro Rata; and (iii) to all Unitholders, Pro Rata, a percentage equal to 100% less the sum of the percentages applicable to subclauses (i) and (ii) of this clause (c), until there has been distributed in respect of each Unit then Outstanding an amount equal to the excess of the Second Target Distribution over the First Target Distribution for such Quarter; (d) Fourth, (i) to the General Partner in accordance with its Percentage Interest; (ii) 23% to the holders of the Incentive Distribution Rights, Pro Rata; and (iii) to all Unitholders, Pro Rata, a percentage equal to 100% less the sum of the percentages applicable to subclauses (i) and (ii) of this clause (d), until there has been distributed in respect of each Unit then Outstanding an amount equal to the excess of the Third Target Distribution over the Second Target Distribution for such Quarter; and (e) Thereafter, (i) to the General Partner in accordance with its Percentage Interest; (ii) 48% to the holders of the Incentive Distribution Rights, Pro Rata; and (iii) to all Unitholders, Pro Rata, a percentage equal to 100% less the sum of the percentages applicable to subclauses (i) and (ii) of this clause (e); provided, however, if the Minimum Quarterly Distribution, the First Target Distribution, the Second Target Distribution and the Third Target Distribution have been reduced to zero pursuant to the second sentence of Section 6.6(a), the distribution of Available Cash that is deemed to be Operating Surplus with respect to any Quarter will be made solely in accordance with Section 6.4(e).

  • Severability; Maximum Payment Amounts If any provision of this Agreement is prohibited by law or otherwise determined to be invalid or unenforceable by a court of competent jurisdiction, the provision that would otherwise be prohibited, invalid or unenforceable shall be deemed amended to apply to the broadest extent that it would be valid and enforceable, and the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions of this Agreement so long as this Agreement as so modified continues to express, without material change, the original intentions of the parties as to the subject matter hereof and the prohibited nature, invalidity or unenforceability of the provision(s) in question does not substantially impair the respective expectations or reciprocal obligations of the parties or the practical realization of the benefits that would otherwise be conferred upon the parties. The parties will endeavor in good faith negotiations to replace the prohibited, invalid or unenforceable provision(s) with a valid provision(s), the effect of which comes as close as possible to that of the prohibited, invalid or unenforceable provision(s). Notwithstanding anything to the contrary contained in this Agreement or any other Transaction Document (and without implication that the following is required or applicable), it is the intention of the parties that in no event shall amounts and value paid by the Company and/or any of its Subsidiaries (as the case may be), or payable to or received by any of the Buyers, under the Transaction Documents (including without limitation, any amounts that would be characterized as “interest” under applicable law) exceed amounts permitted under any applicable law. Accordingly, if any obligation to pay, payment made to any Buyer, or collection by any Buyer pursuant the Transaction Documents is finally judicially determined to be contrary to any such applicable law, such obligation to pay, payment or collection shall be deemed to have been made by mutual mistake of such Buyer, the Company and its Subsidiaries and such amount shall be deemed to have been adjusted with retroactive effect to the maximum amount or rate of interest, as the case may be, as would not be so prohibited by the applicable law. Such adjustment shall be effected, to the extent necessary, by reducing or refunding, at the option of such Buyer, the amount of interest or any other amounts which would constitute unlawful amounts required to be paid or actually paid to such Buyer under the Transaction Documents. For greater certainty, to the extent that any interest, charges, fees, expenses or other amounts required to be paid to or received by such Buyer under any of the Transaction Documents or related thereto are held to be within the meaning of “interest” or another applicable term to otherwise be violative of applicable law, such amounts shall be pro-rated over the period of time to which they relate.

  • Distributions of Available Cash from Capital Surplus Available Cash that is deemed to be Capital Surplus pursuant to the provisions of Section 6.3(a) shall be distributed, unless the provisions of Section 6.3 require otherwise, to the General Partner and the Unitholders, Pro Rata, until a hypothetical holder of a Common Unit acquired on the Closing Date has received with respect to such Common Unit distributions of Available Cash that are deemed to be Capital Surplus in an aggregate amount equal to the Initial Unit Price. Available Cash that is deemed to be Capital Surplus shall then be distributed (A) to the General Partner in accordance with its Percentage Interest and (B) to all Unitholders holding Common Units, Pro Rata, a percentage equal to 100% less the General Partner’s Percentage Interest, until there has been distributed in respect of each Common Unit then Outstanding an amount equal to the Cumulative Common Unit Arrearage. Thereafter, all Available Cash shall be distributed as if it were Operating Surplus and shall be distributed in accordance with Section 6.4.

  • Payments from Available Funds Only All payments to be made by the Borrower under this Agreement shall be made only from the amounts that constitute Scheduled Payments, Special Payments and other payments under the Operative Agreements, including payment under Section 4.02 of the Participation Agreements and payments under Section 2.14 of the Indentures, and only to the extent that the Borrower shall have sufficient income or proceeds therefrom to enable the Borrower to make payments in accordance with the terms hereof after giving effect to the priority of payments provisions set forth in the Intercreditor Agreement. The Liquidity Provider agrees that it will look solely to such amounts to the extent available for distribution to it as provided in the Intercreditor Agreement and this Agreement and that the Borrower, in its individual capacity, is not personally liable to it for any amounts payable or liability under this Agreement except as expressly provided in this Agreement, the Intercreditor Agreement or any Participation Agreement. Amounts on deposit in the Class A Cash Collateral Account shall be available to the Borrower to make payments under this Agreement only to the extent and for the purposes expressly contemplated in Section 3.05(f) of the Intercreditor Agreement.

  • Available Funds $ 2,191,971.28 ---------------

  • Distributions of Available Cash An amount equal to 100% of Available Cash with respect to each fiscal quarter of the Partnership shall be distributed simultaneously to the Members in proportion to their relative Percentage Interests within forty-five days after the end of such quarter.

  • Allocation of Applied Realized Loss Amounts Any Applied Realized Loss Amounts shall be allocated by the Trustee to the most junior Class of Subordinated Certificates then Outstanding in reduction of the Class Certificate Balance thereof.

  • CP Costs Payments On each Settlement Date, Seller shall pay to Agent (for the benefit of the Conduits) an aggregate amount equal to all accrued and unpaid CP Costs in respect of the outstanding Capital of each of the Conduits for the related Settlement Period in accordance with Article II.

  • Payment Amounts The aggregate Payments to be made in any fiscal year shall not exceed an amount that is equal to the corresponding Appropriated Amount. (For example, for the Payments due on December 1, 2022 and on June 1, 2023, the aggregate maximum amount of such Payments would be determined by the Appropriated Amount determined for certification by December 1, 2021.) Furthermore, the amount of each such Payment shall not exceed the amount of Incremental Property Tax Revenues (excluding allocations of “back-fill” or “make-up” (payments from the State of Iowa for property tax credits or roll-back) actually received by the City from the Dubuque County Treasurer attributable to the taxable incremental valuation of the Property in the six (6) months immediately preceding the extant Payment due date.

  • Distributions Payable in Cash; Redemption Payments In the event that the Board of the Investment Company shall declare a distribution payable in cash, the Investment Company shall deliver to FTIS written notice of such declaration signed on behalf of the Investment Company by an officer thereof, upon which FTIS shall be entitled to rely for all purposes, certifying (i) the amount per share to be distributed, (ii) the record and payment dates for the distribution, and (iii) that all appropriate action has been taken to effect such distribution. Once the amount and validity of any dividend or redemption payments to shareholders have been determined, the Investment Company shall transfer the payment amounts from the Investment Company's accounts to an account or accounts held in the name of FTIS, as paying agent for the shareholders, in accordance with any applicable laws or regulations, and FTIS shall promptly cause payments to be made to the shareholders.

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