Treatment of Proceeds Sample Clauses
Treatment of Proceeds. If the proceeds actually received by the General Partner in connection with an issuance of Securities by the General Partner are less than the gross proceeds of such offering, grant, award or issuance as a result of any underwriter’s discounts, commissions or other fees or expenses paid or incurred in connection with such offering, grant, award or issuance, then the General Partner shall be deemed to have made a Capital Contribution to the Partnership in the amount of the gross proceeds of such offering, grant, award or issuance and the Partnership shall be deemed simultaneously to have paid pursuant to Section 7.3(c) for the amount of such expenses.
Treatment of Proceeds. Except as set forth in Sections 2.9 and 4.4 hereof, all dividends, interest, distributions and all other interest or other earnings (which for the avoidance of doubt shall include any interest earned on the funds in the deposit account and any earnings on any Permitted Investments) of the Indemnification Collateral shall be released from the security interest created pursuant to this Agreement and Securities Intermediary shall promptly upon receipt thereof (i) credit to the Collateral Agent for distribution to the Pledgor as provided in the Pledge Agreement all such proceeds relating to the Pledge Collateral and (ii) deliver to Pledgor all such proceeds not relating to the Pledge Collateral.
Treatment of Proceeds. Equity Contributions made pursuant to Section 2.01(a) shall be deposited or transferred by the Sponsor as follows:
(i) The proceeds of each Project Cost Funding Contribution and each SFF Funding Contribution shall be transferred directly to the TrAILCo Operating Account.
(ii) The proceeds of any Completion Date Funding Contribution and any Default Funding Contribution shall be transferred directly to the TrAILCo Operating Account, provided that, if for any reason (including due to any Legal Requirement), such amount cannot be transferred to such account, the Sponsor shall cause such amount to be transferred to the Administrative Agent to be applied in accordance with Section 2.09(b) of the TrAILCo Credit Agreement. Notwithstanding that the Equity Contributions of the Sponsor may be transferred directly to the Administrative Agent, any and all Equity Contributions made by the Sponsor in accordance with the terms hereof shall be deemed to be Equity Contributions by the Sponsor (or its direct or indirect subsidiary) to the Borrower. Within 15 days following the end of each calendar month, the Sponsor shall provide the Administrative Agent written notice of any Equity Contributions made during such calendar month, including the amounts of such Equity Contributions. Except as provided herein, all Equity Contributions shall be made without set-off or counterclaim.
Treatment of Proceeds. Except as set forth in Sections 2.9 and 4.4 hereof, all dividends, interest, distributions, amounts received in respect of redemption and all other proceeds of the Indemnification Collateral shall be released from the security interest created pursuant to this Agreement and Securities Intermediary shall promptly upon receipt thereof (i) credit to the Collateral Agent for distribution to the Pledgor as provided in the Pledge Agreement all such proceeds relating to the Pledge Collateral and (ii) deliver to Pledgor all such proceeds not relating to the Pledge Collateral.
Treatment of Proceeds. (i) (i) Not later than two (2) Business Days prior to each Equity Contribution Date, the Equity Investor shall notify the Collateral Agent whether it intends to fund all or any portion of its applicable Funding Contribution (such notice, a “Funding Notice”). If the Equity Investor elects to fund all or any portion of its Funding Contribution, it shall deposit such Funding Contribution in Dollars and immediately available funds directly into the relevant Project Account as set forth below in clause (ii) for application in accordance with such clause. If the Equity Investor funds a portion (but not all) of any Funding Contribution in Dollars, the Equity Investor shall notify the Collateral Agent which Equity Letters of Credit should be drawn on a Pro Rata Basis to fund the balance of such Funding Contribution (provided, however, that the Collateral Agent’s failure to draw in any particular manner or on any particular Equity Letter of Credit shall not limit or relieve the obligations of the Equity Investor hereunder or prevent the Collateral Agent from making any other drawing on any other Equity Letter of Credit in accordance with the terms hereof so long as the aggregate of all such drawings does not exceed the Drawing Amount). If the Equity Investor does not pay any of its Funding Contribution in accordance with this Section 2.1(b)(i), the Collateral Agent shall draw upon all Equity Letters of Credit on a Pro Rata Basis in the amount of such Funding Contribution, and, on the applicable Equity Contribution Date, the Collateral Agent shall deposit the proceeds of such draw (or draws) into the relevant Project Account as set forth below in clause (ii) for application in accordance with such clause (provided, however, that the Collateral Agent’s failure to draw in any particular manner or on any particular Equity Letter of Credit shall not limit or relieve the obligations of the Equity Investor hereunder or prevent the Collateral Agent from making any other drawing on any other Equity Letter of Credit in accordance with the terms hereof so long as the aggregate of all such drawings does not exceed the Drawing Amount).
Treatment of Proceeds. The Company intends to account for the gross proceeds raised from the transactions which is a subject of this Agreement as equity in its financial statements filed with the Commission so long as such treatment complies with with GAAP.
Treatment of Proceeds. If the proceeds actually received by Landwin REIT in connection with an issuance of Securities by Landwin REIT are less than the gross proceeds of such offering, grant, award or issuance as a result of any underwriter’s discounts, commissions or other fees or expenses paid or incurred in connection with such offering, grant, award or issuance, then Landwin REIT shall be deemed to have made a Capital Contribution to the Partnership in the amount of the gross proceeds of such offering, grant, award or issuance and the Partnership shall be deemed simultaneously to have paid pursuant to Section 7.3(c) for the amount of such expenses.
Treatment of Proceeds. (1) The Sec- retary of a military department shall deposit all amounts received pursuant to leases entered into by the Secretary under this section into a special account in the Treasury established for such military department.
(2) The proceeds deposited into the special ac- count of a military department pursuant to paragraph (1) shall be available to the Secretary of that military department, without further ap- propriation, for the maintenance, protection, al- teration, repair, improvement, or restoration of military housing on the military installation at which the housing leased pursuant to subsection (a) is located. (Added Pub. L. 110–417, div. B, title XXVIII, § 2804(a), Oct. 14, 2008, 122 Stat. 4720.) SUBCHAPTER III—ADMINISTRATION OF MILITARY CONSTRUCTION AND MILI- TARY FAMILY HOUSING Sec. 2851. Supervision of military construction projects. 2852. Military construction projects: waiver of cer- tain restrictions. 2853. Authorized cost and scope of work variations. 2854. Restoration or replacement of damaged or de- stroyed facilities.
Treatment of Proceeds. (a) All insurance proceeds payable with respect to a property loss on account of the Improvements or any casualty (excluding insurance proceeds from “contents” insurance policies carried by Tenant for personal property separate and apart from the policies required under this Lease and excluding all proceeds of subtenants’ polices), together with all interest earned thereon, if any, (i) if less than or equal to the Insurance Proceeds Threshold Amount, shall be paid to Tenant as a trust fund, to be deposited in a non-segregated bank account maintained by Xxxxxx and used, disbursed and paid solely for the cost of the Restoration in accordance with Article 11, and (ii) if in excess of the Insurance Proceeds Threshold Amount, shall be paid to Depositary to be held for the purpose of paying for the cost of the Restoration, and such proceeds shall be used, disbursed and paid solely for the cost of such Restoration in accordance with Article 11, and any such funds remaining after the completion of a Casualty Restoration in accordance with the terms of this Lease shall be distributed as provided in Section 11.03. Depositary shall disburse any casualty insurance proceeds so received in accordance with the provisions of this Lease. Depositary shall have no liability with regard to any proceeds received by it and retained in good faith and in accordance with the provisions of this Lease. If Xxxxxx believes that Depositary has not disbursed the insurance proceeds in accordance with this Lease, Xxxxxx’s sole remedy shall be to bring an action to have the proceeds disbursed in accordance with this Lease. Except as otherwise set forth in Article 11 and for losses payable as a result of Business Interruption, all proceeds of insurance payable with respect to Trade Fixtures or the Vessels shall be payable to Tenant solely for use in the restoration of same at the Premises. Proceeds payable with respect to Tenant in connection with Business Interruption shall be paid to Tenant for use in its discretion, subject to Section 8.01(i).
(b) Tenant and Landlord shall cooperate in connection with the collection of any insurance moneys that may be due in the event of any loss, and Tenant and Landlord shall execute and deliver such proofs of loss and other instruments as may be required of Tenant or Landlord, respectively, for the purpose of obtaining the recovery of any such insurance moneys.
(c) Tenant shall procure policies for all insurance required by this Lease for periods of no...
Treatment of Proceeds. (i) If for any reason (including due to any applicable legal requirement), any Equity Contribution cannot be transferred to the Construction Equity Account, the Sponsor shall cause such amount to be transferred to the Collateral Agent for application in accordance with the Loan Documents.
(ii) Notwithstanding that the Equity Contributions may be transferred directly to the Collateral Agent, any and all Equity Contributions made in accordance with the terms hereof, including any payments made pursuant to the Fund Guarantee, shall be deemed to be Equity Contributions by the Sponsor (or its direct or indirect subsidiary) to the Borrower. All Equity Contributions shall be made without set-off or counterclaim.