Examples of Maximum Distribution Amount in a sentence
Except as contemplated by this Agreement, as of the date hereof, Purchaser is not, and as of the Closing Date Purchaser will not be, subject to any Contract or other obligation with any Person that in any way prevents, prohibits, or otherwise restricts or conditions Purchaser's ability to make or pay the First Distribution Amount, Second Distribution Amount or the Maximum Distribution Amount, as the case may be, under Section IV.B of the Fourth Amended and Restated Certificate of Incorporation.
The Maximum Distribution Amount Notice will specify that the date on which BMS will cause up to the Maximum Distribution Amount to be distributed by BMS Subsidiary to BMS Subsidiary Shareholder if MJN so instructs BMS (the “Initial Distribution Date”) will be ten Business Days after the Maximum Distribution Amount Notice Date.
The holder of an Allowed General Unsecured Claim shall, in full and complete settlement, satisfaction and discharge of such Allowed General Unsecured Claim, receive (i) one or more distributions from the Distribution Fund in an amount equal to its Pro Rata Share of the Allowed General Unsecured Claims Fund but in no event greater than the Maximum Distribution Amount, or (ii) such other treatment as may be consensually agreed to by the Debtor and the holder of the Allowed Unsecured Claim.
MJN will have up to five Business Days following the Maximum Distribution Amount Notice Date to instruct BMS to cause BMS Subsidiary to distribute to BMS Subsidiary Shareholder an amount of BMS Subsidiary Cash that on an after-tax (including withholding tax) basis will not exceed the Maximum Distribution Amount (such amount being the “Actual Distribution Amount” and such instruction being the “Actual Distribution Amount Instruction”).
The Maximum Distribution Amount will be proportional to the maximum amount BMS can cause BMS Subsidiary Shareholder to distribute to its direct parent in respect of the BMS Business.