Allocation of Assets. All consideration received by the Trust for the issue or sale of Shares of a particular Series or Class, together with all assets in which such consideration is invested or reinvested, all income, earnings, profits, and proceeds thereof, including any proceeds derived from the sale, exchange or liquidation of such assets, and any funds or payment derived from any reinvestment of such proceeds in whatever form the same may be, together with such Series' or Class' share of any assets of the Trust not otherwise allocated to any particular Series or Class, shall be held by the Trustees and Trust for the benefit of the Shareholders of such Series and, subject to the rights of creditors of such Series only, shall irrevocably belong to that Series for all purposes, and shall be so recorded upon the books of account of the Trust. In the event that there are any assets, income, earnings, profits, and proceeds thereof, funds or payments which are not readily identifiable as belonging to any particular Series, the Trustees shall allocate them among any one or more of the Series established and designated from time to time in such manner and on such basis as they, in their sole discretion, deem fair and equitable, and anything so allocated to a Series shall belong to such Series. Each such allocation by the Trustees shall be conclusive and binding upon the Shareholders of all Series for all purposes.
Allocation of Assets. (a) For purposes of this Agreement, “
Allocation of Assets. At the Effective Time, by virtue of the Merger and without any action on the part of any party:
Allocation of Assets. (i) Starting promptly after January 1, 2010, the CVC Actuary shall determine:
Allocation of Assets. All Assets shall be sold, conveyed, assigned, transferred and delivered to, and purchased by, Xxxxx Tulsa except that the Assets identified on Schedule 2.1.18 (the “HEP Tulsa Assets”) shall be sold, conveyed, assigned, transferred and delivered to, and purchased by HEP Tulsa; provided, however, Assets may be sold, conveyed, assigned, transferred and delivered to Affiliates of Buyers if requested by the applicable Buyer. For avoidance of doubt, Xxxxx Tulsa shall have no obligation to purchase the HEP Tulsa Assets and HEP Tulsa shall have no obligation to purchase any Assets other than the HEP Tulsa Assets. Notwithstanding the foregoing, Xxxxx Tulsa and HEP Tulsa may in their discretion mutually agree to modify the allocation of Assets between them from time to time and at any time prior to the Closing upon written notice to the Seller so long as such reallocation does not adversely affect the Global CAA Consent Decree Modification.
Allocation of Assets. The portion of the Company’s total fair market value that is attributable to the fair market value of USA (the “USA Percentage”), and the portion of the Company’s total fair market value that is attributable to the fair market value of LAI (the “LAI Percentage”), will each be expressed as a percentage, with the sum of the two adding to 100%. As soon as reasonably practicable after the execution of this Agreement, the Company will allocate the relative contribution to the Company’s total fair market value by USA and LAI. Any determination of such allocation will be made by the Board, in its discretion, in consultation with and on information provided by, the Company’s employees and advisors. The parties hereto agree that this Section 1.5 does not impose any obligation on the Company, USA or LAI to obtain a valuation report with respect to the Company or any of its subsidiaries or either of the LIPO Entities.
Allocation of Assets. (i) The CVC Actuary shall determine:
Allocation of Assets. Without limiting the rights or obligations of any Party to this Agreement or any other agreement contemplated hereby, the Parties agree and acknowledge that on the Closing the Assets will be allocated to Buyer.
Allocation of Assets. The Purchased Assets purchased and acquired hereunder shall be sold and assigned to Purchaser and, at its option, one or more subsidiaries of Purchaser and such assets and the consideration therefor shall be allocated between Purchaser and such subsidiaries as determined by Purchaser in its sole discretion and as reflected in an agreement or memorandum executed by them.
Allocation of Assets. 13.1 On and with effect from the Effective Date, the following shall be allocated to the RL Main Fund:
