Residual Shortfall definition

Residual Shortfall means the difference, if any, between the Net Proceeds and the aggregate amount which would have been due under the Notes but for the operation of Condition 12.1 (Residual Shortfall);

Residual Shortfall. Section 6.01(f) "704(b) Regulations" Section 7.02(b)(i) "Standard Commercial Terms and Conditions" Section 3.01 "Tax Matters Partner" Section 8.05(b) SECTION 1.03.

Residual Shortfall means the excess, if any, of (i) the total expenses of the Partnership incurred in connection with its operations as contemplated by the Operative Documents including the Initial Business Plan and subsequent Business Plans over (ii) the sum of (A) the amounts payable therefor by CIRRUS and IBM pursuant to the CIRRUS Sales Agreement and the IBM Sales Agreement (after taking into account all adjustments and credits to payments provided for in the CIRRUS Sales Agreement and the IBM Sales Agreement) plus (B) amounts required to be contributed by the Partners pursuant to Sections 6.01(c), (d) and (e); provided, however, "Residual Shortfall" shall exclude obligations for extraordinary third-party liabilities arising from matters such an torts or environmental claims in an amount per occurrence in excess of [*] and provided, further, however, that the foregoing exclusion from "Residual Shortfall" shall not apply to claims against the Partnership by IBM for indemnification pursuant to Section 30 of the IBM Real Estate Lease. Residual Shortfall shall include the amount (if any) by which the balance referred to in Section 6.01(c)(i) exceeds [*]. (g) No further capital contributions shall be required, unless otherwise agreed upon by the Partners in writing, in which case such additional contributions shall be made in equal amounts. SECTION 6.02.

Examples of Residual Shortfall in a sentence

• Any failure by the Issuer to make any payment in respect of any Residual Shortfall shall in no circumstances constitute an Event of Default under Condition 11 ( Events of Default).

• In this Condition 12.1, " Residual Shortfall" means the difference, if any, between the Net Proceeds and the aggregate amount which would have been due under the Notes but for the operation of this Condition 12.1.

• Failure by the Issuer to make any payment in respect of any Residual Shortfall shall in no circumstances constitute an Event of Default under Condition 11 (Events of Default).

• In this Condition, "Residual Shortfall" means the difference, if any, between the Net Proceeds and the aggregate amount which would have been due under the Notes but for the operation of this Condition 8(i).

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• The dilutionary effect shown in this column of the table is the maximum dilution, assuming that all Entitlements are taken up by Eligible Shareholders pursuant to the Entitlement Offer or the Top Up Offer, or placed by the Company as Residual Shortfall Shares.

• The Entitlement Offer, the Top Up Offer and the placement of any Residual Shortfall Shares will not be underwritten.The Company attempted to secure underwriting from an unrelated third party underwriter, but was unsuccessful.

• If there remains any shortfall of Shares taken up by Eligible Shareholders (including after the application of the Top-Up Facility), the Directors of the Company reserve the right to issue all or any of the New Shares comprising the Shortfall Facility at their discretion (Shortfall Facility).The Directors’ allocation policy in respect of any Residual Shortfall is to encourage the introduction of new investors to the Company by placing the New Shares to professional and sophisticated investors.

• The Responsible Entity will fund costs associated with the Entitlement Offer, ensuring the NTA of the Fund is not diluted.If there remains any shortfall of New Units which are not taken up by Eligible Unitholders under the Entitlement Offer (including under an oversubscriptions facility as detailed in the Offer Booklet), then the Directors reserve the right to issue any such shortfall of New Units at their discretion to new institutional and sophisticated investors (Residual Shortfall Facility).

• Depending on the number of Entitlements taken up by other Eligible Shareholders under the Entitlement Offer or the Top Up Offer, and the extent to which the Directors place any Residual Shortfall Shares, Shandong Gold's shareholding in the Company could increase up to 66.25%.

More Definitions of Residual Shortfall

Residual Shortfall shall exclude obligations for extraordinary third-party liabilities arising from matters such an torts or environmental claims in an amount per occurrence in excess of [*] and provided, further, however, that the foregoing exclusion from "Residual Shortfall" shall not apply to claims against the Partnership by IBM for indemnification pursuant to Section 30 of the IBM Real Estate Lease. Residual Shortfall shall include the amount (if any) by which the balance referred to in Section 6.01(c)(i) exceeds [*]. (g) No further capital contributions shall be required, unless otherwise agreed upon by the Partners in writing, in which case such additional contributions shall be made in equal amounts. SECTION 6.02.

Residual Shortfall has the meaning ascribed to it in Section 11.01(a)(ii).

Residual Shortfall means the difference, if any, between the Net Proceeds and the Specified Denomination which would have been due under the Notes but for the operation of this § 6 (1) (d).