Available Excess definition
Examples of Available Excess in a sentence
At the end of each calendar quarter, subject only to the qualifications and limitations set forth below, the Company shall, unless provided otherwise in accordance with Section 8.9(b) or Section 8.9(c), distribute its Available Excess Earnings (as hereinafter defined) to its members, to be divided among them in accordance with their Membership Interests as set forth on Exhibit A hereto.
The determination of "Available Excess Earnings"; provided, that this will not prevent the accumulation and non-distribution by the Company of six (6) times the average monthly Available Excess Earnings (averaged using the preceding six (6) months) after satisfying any obligation to distribute Available Excess Earnings pursuant to Section 5.2 hereof.
On or before the date on which an Available Excess Profit Statement is due for any monthly or annual period, Guarantor shall pay to HPT the Available Excess Profit for such period that to the extent there are any accrued but unpaid Guaranteed Obligations as of the last day of the previous month.
CAL FIRE shall have no right of recovery for the CAL FIRE Fire Claims against the Fire Victim Trust Corpus, the Debtors, the Reorganized Debtors, the Assigned Rights and Causes of Action, the Excess Monetization, the Available Excess Monetization, or any source other than the Earned Interest and the Available Interest, as set forth above.
Following the determination of the Excess Requirements for each Series, the remaining collections of Principal Receivables, Purchase Proceeds and amounts deposited to the Collection Account in respect of Credit Adjustments shall be allocated to the Co-Owners of each Series in an amount equal to the remaining Available Excess Collections.
The Guarantor shall pay the cost of any audit revealing an understatement of Available Excess Profits by more than three percent (3%) in the aggregate.
If the amount of Available Excess Profits for any Fiscal Year (as finally determined) is less than the amount paid by the Guarantor to HPT in respect of Guaranteed Obligations during the applicable Fiscal Year, HPT shall promptly remit the amount of such deficiency to Guarantor.
At the end of each calendar month, subject only to the qualifications and limitations set forth below, the Company shall, unless provided otherwise in accordance with Section 8.9(b) or Section 8.9(c), distribute its Available Excess Earnings (as hereinafter defined) to its members, to be divided among them in accordance with their Membership Interests.
Each Owner may request the Operator at any time to determine the amount of Available Excess Tonnage.
If any Owner fails to give such notice or commits for less than all of its proportionate share of such Available Excess Tonnage the other Owner shall have the option to convert all or any part of the remaining portion of the Available Excess Tonnage.