Distribution Payments definition
Distribution Payments means any cash distribution or dividend by the Borrower on, or in respect of any retirement, purchase, redemption, or other acquisition of, any Equity Interests.
Distribution Payments means any cash distribution or dividend by the Borrower to its partners on, or in respect of any retirement, purchase, redemption, or other acquisition of, any Equity Interests.
Distribution Payments means all amounts paid from revenues, income and other receipts of the Development, not including any amounts payable in respect of capital contributions paid by any members or partners of the Developer or any loan proceeds payable to the Developer (herein called “Development Revenues”) which are paid to any partner, manager, member or any other Related Person of the Developer (collectively, the “Developer Parties”) as profit, income, or fees or other expenses which are unrelated to the operation of the Development or which are in excess of fees and expenses which would be incurred from persons providing similar services who are not Developer Parties and provide such services on an arms-length basis.
Examples of Distribution Payments in a sentence
No Distribution Payments may be made if an Event of Default has occurred, which shall include but not be limited to failure to maintain the Development in good physical condition in accordance with Section 8 hereof.
More Definitions of Distribution Payments
Distribution Payments is defined in Section 8.2.6.
Distribution Payments shall have the meaning given such term in Section 7(a) hereof.
Distribution Payments means all amounts paid from Development Revenues (herein called “Development Revenues”) which are paid to any partner, manager, member or any other Related Person of the Developer (collectively, the “Developer Parties”) as profit, income, or fees or other expenses which are unrelated to the operation of the Development or which are in excess of fees and expenses which would be incurred from persons providing similar services who are not Developer Parties and who provide such services on an arms-length basis.
Distribution Payments is defined in SECTION 8.2.6.
Distribution Payments means, in respect of a Reference Obligation, (1) where Party A Hedging does not apply, the aggregate of all interest, delayed compensation, breakage costs, fees, economic benefit and any other payments on such Reference Obligation (other than principal repayments, indemnity amounts, Permanent Reductions, Conversion Proceeds, Realized Sales Proceeds and Commitment Fees) which would be, as determined by Party A by reference to the terms of the relevant Credit Documentation or Offer Documentation, paid to a Reference Obligation Holder net of any withholding or other taxes which Party A determines, in its reasonable discretion, would be deducted by the Reference Obligor or its payment agent for payments to the Reference Obligation Holder, or (2) where Party A Hedging applies, all interest, delayed compensation, breakage costs, fees, economic benefit and any other payments on such Reference Obligation (other than principal repayments, indemnity amounts, Permanent Reductions, Conversion Proceeds, Realized Sale Proceeds and Commitment Fees) that are received by a Party A Entity on the relevant Determination Date net of any withholding or other taxes deducted by the Reference Obligor or its payment agent. For purposes of Section 8 hereof, the Distribution Payments pertaining to a Reference Obligation shall be deemed to have been paid on, where Party A Hedging does not apply, the date specified in (1) above, and where Party A Hedging applies, the date of the relevant Party A Entity’s receipt of such Distribution Payments. Notwithstanding anything to the contrary herein, Distribution Payments will not include any (x) withholding taxes (i) that result from the gross negligence of the Reference Obligation Holder or (ii) that could have been reduced or eliminated had the Reference Obligation Holder provided to the Reference Entity such properly completed and executed documentation prescribed by applicable laws or by the taxing authorities to establish an exemption or reduction in the rate of such withholding taxes or (y) FATCA Withholding Taxes. For this purpose, “FATCA Withholding Taxes” means any U.S. federal withholding tax imposed or collected pursuant to Sections 1471 through 1474 of the U.S. Internal Revenue Code of 1986, as amended (the “Code”), any current or future regulations or official interpretations thereof, any agreement entered into pursuant to Section 1471(b) of the Code, or any fiscal or regulatory legislation, rules or practices adopted pursuant to a...
Distribution Payments shall have the meaning given such term in Section 7(b) hereof. Event of Default shall mean a default in the observance of any covenant under this Agreement existing after the expiration of any applicable notice and cure periods.
Distribution Payments means, in respect of a Reference Obligation, the aggregate of all interest and any other payments on such Reference Obligation (other than principal repayments and indemnity amounts) which would be, as determined by the Calculation Agent by reference to the terms of the relevant Credit Documentation, due to a Reference Obligation Holder holding a principal amount of the relevant Reference Obligation equal to the Face Amount applicable to such Reference Obligation on the relevant Determination Date net of any withholding or other taxes which the Calculation Agent determines, in its reasonable discretion, would be deducted by the Reference Obligor or its payment agent).