Allocation of Refunds Sample Clauses

Allocation of Refunds. (a) Except as provided in Section 2.02(b), GGP shall be entitled to all Refunds with respect to Taxes for which GGP is or may be liable pursuant to Article II, and Spinco shall be entitled to all Refunds of Taxes for which Spinco is or may be liable pursuant to Article II. A Party receiving a Refund to which the other Party is entitled pursuant to this Agreement shall pay the amount to which such other Party is entitled (less any costs or Taxes incurred with respect to the receipt thereof) within ten (10) days after the receipt of such Refund.
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Allocation of Refunds. The Company shall notify Pre-Sale Purchasers of their allocation no later than within 10 minutes of purchasing during the Pre-Sale. The Company does not make refunds on purchased tokens and all investors are free to sell their acquired tokens within 2-3 weeks of purchase on stock exchanges.
Allocation of Refunds. If an audit, amended Tax Return or other action results in a refund of Taxes, such refund (including any interest paid thereon) shall be paid: (i) to the Sellers if the deduction, loss, or other item that gives rise to the refund is attributable to Pre-Closing Operations and the refunded Tax was actually paid by the Sellers; and (ii) to Buyer in all other events. The parties shall lend mutual assistance to each other in taking such action as may be necessary to procure a refund, including the preparation, filing and processing of any requisite amended return or other documents.
Allocation of Refunds. Except as otherwise agreed upon in writing, in the event an audit, amended Tax Return or other action results in a refund of Taxes, such refund (including any interest paid thereon) shall be paid: (i) to ESI if the deduction, loss, or other item that gives rise to the refund is attributable to Pre-Closing Operations or Post-Closing Operations and the refunded Tax was actually paid by ESI; and (ii) to Starwood in all other circumstances. The parties shall lend mutual assistance to each other in taking such action as may be necessary to procure a refund, including the preparation, filing and processing of any requisite amended return or other documents.
Allocation of Refunds. Except as otherwise agreed upon in writing, in the event an audit, amended Tax Return or other action results in a refund of Taxes, whether related to the operations of the Companies or Subsidiaries before or after the Closing Date, such refund (including any interest paid thereon) shall be paid to Buyer, except to the extent such refund relates to any Tax Return of the Companies or Subsidiaries for any period ending on or before December 31, 2000; PROVIDED that Buyer, the Companies and their Subsidiaries shall be entitled to retain any such refund or credit to the extent it arises as a result of the use or application of any net operating loss, net capital loss or other item of the Companies or their Subsidiaries for any tax year ending on any date following December 31, 2000 in any period of the Companies or their Subsidiaries ending on or before December 31, 2000 (the "Buyer Generated Carrybacks"); PROVIDED that should a subsequent audit of the Companies or their Subsidiaries with respect to any periods ending on or before December 31, 2000 result in a net proposed reduction in taxable income for any reason that any of the Companies or their Subsidiaries are unable to use in part or in its entirety because of the previous use or application by Buyer of any such Buyer Generated Carrybacks, Buyer shall be required to pay an amount to Sellers (other than Guida) in accordance with their Pro-Rata Share equal to that amount which would have been generated in tax refunds usable by the Sellers (other than Guida) in relation to the Companies' and Subsidiaries' Tax Returns pursuant to the terms of this Agreement but for the prior use or application of the Buyer Generated Carrybacks.
Allocation of Refunds. Section 12.1. Although Losses and costs are based on the Applicable Participation Percentages in effect on the date of payment, any refund of net earned premiums (net premiums written adjusted for the change in the net unearned premium reserve for all Participants) required by any insurance regulatory authorities will be allocated to the various Participants based upon the Applicable Participation Percentages in effect in the month such premiums were earned. The same allocation method will be used for related commission refunds from agents, interest due to policyholders, end any other related items.
Allocation of Refunds. Except as otherwise agreed upon in --------------------- writing, in the event an audit, amended Tax Return or other action that results in a refund of Taxes, such refund (including any interest paid thereon) shall be paid: (i) to Seller if the deduction, loss, or other item that gives rise to the refund is attributable to Pre-Closing Operations and the refunded Tax was actually paid on or before the Closing Date unless the refund was reflected as an asset on the Final Working Capital Statement; and (ii) to Buyer if such item is attributable to Post-Closing Operations and the refunded Tax was actually paid by Buyer or any of the Companies. In all other events, such refund shall be paid to the Company. The parties shall lend mutual assistance to each other in taking such action as may be necessary to procure a refund, including the preparation, filing and processing of any requisite amended return or other documents.
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Related to Allocation of Refunds

  • Allocation of Revenues All revenues relating to the Designated Property shall be allocated as follows: (i) 100% to CWEI before Payout and (ii) 1% to CWEI and 99% to the Participants after Payout, apportioned among the Participants in proportion to the percentages listed on Exhibit A attached hereto.

  • Allocation of Realized Losses Prior to each Distribution Date, the Master Servicer shall determine the total amount of Realized Losses, if any, that resulted from any Cash Liquidation, Servicing Modification, Debt Service Reduction, Deficient Valuation or REO Disposition that occurred during the related Prepayment Period or, in the case of a Servicing Modification that constitutes a reduction of the interest rate on a Mortgage Loan, the amount of the reduction in the interest portion of the Monthly Payment due during the related Due Period. The amount of each Realized Loss shall be evidenced by an Officers' Certificate. All Realized Losses, other than Excess Special Hazard Losses, Extraordinary Losses, Excess Bankruptcy Losses or Excess Fraud Losses, shall be allocated as follows: first, to the Class B-3 Certificates until the Certificate Principal Balance thereof has been reduced to zero; second, to the Class B-2 Certificates until the Certificate Principal Balance thereof has been reduced to zero; third, to the Class B-1 Certificates until the Certificate Principal Balance thereof has been reduced to zero; fourth, to the Class M-3 Certificates until the Certificate Principal Balance thereof has been reduced to zero; fifth, to the Class M-2 Certificates until the Certificate Principal Balance thereof has been reduced to zero; sixth, to the Class M-1 Certificates until the Certificate Principal Balance thereof has been reduced to zero; and, thereafter, if any such Realized Losses are on a Discount Mortgage Loan, to the Class A-P Certificates in an amount equal to the Discount Fraction of the principal portion thereof, and the remainder of such Realized Losses on the Discount Mortgage Loans and the entire amount of such Realized Losses on Non-Discount Mortgage Loans will be allocated among all the Senior Certificates (other than the Class A-V Certificates and Class A-P Certificates) in the case of the principal portion of such loss on a pro rata basis and among all of the Senior Certificates (other than the Class A-P Certificates) in the case of the interest portion of such loss on a pro rata basis, as described below. Any Excess Special Hazard Losses, Excess Bankruptcy Losses, Excess Fraud Losses, Extraordinary Losses on Non-Discount Mortgage Loans will be allocated among the Senior Certificates (other than the Class A-P Certificates) and Subordinate Certificates, on a pro rata basis, as described below. The principal portion of such Realized Losses on the Discount Mortgage Loans will be allocated to the Class A-P Certificates in an amount equal to the Discount Fraction thereof and the remainder of such Realized Losses on the Discount Mortgage Loans and the entire amount of such Realized Losses on Non- Discount Mortgage Loans will be allocated among the Senior Certificates (other than the Class A-P Certificates) and Subordinate Certificates, on a pro rata basis, as described below. As used herein, an allocation of a Realized Loss on a "pro rata basis" among two or more specified Classes of Certificates means an allocation on a pro rata basis, among the various Classes so specified, to each such Class of Certificates on the basis of their then outstanding Certificate Principal Balances prior to giving effect to distributions to be made on such Distribution Date in the case of the principal portion of a Realized Loss or based on the Accrued Certificate Interest thereon payable on such Distribution Date (without regard to any Compensating Interest for such Distribution Date) in the case of an interest portion of a Realized Loss. Except as provided in the following sentence, any allocation of the principal portion of Realized Losses (other than Debt Service Reductions) to a Class of Certificates shall be made by reducing the Certificate Principal Balance thereof by the amount so allocated, which allocation shall be deemed to have occurred on such Distribution Date; provided that no such reduction shall reduce the aggregate Certificate Principal Balance of the Certificates below the aggregate Stated Principal Balance of the Mortgage Loans. Any allocation of the principal portion of Realized Losses (other than Debt Service Reductions) to the Subordinate Certificates then outstanding with the Lowest Priority shall be made by operation of the definition of "Certificate Principal Balance" and by operation of the provisions of Section 4.02(a). Allocations of the interest portions of Realized Losses (other than any interest rate reduction resulting from a Servicing Modification) shall be made in proportion to the amount of Accrued Certificate Interest and by operation of the definition of "Accrued Certificate Interest" and by operation of the provisions of Section 4.02(a). Allocations of the interest portion of a Realized Loss resulting from an interest rate reduction in connection with a Servicing Modification shall be made by operation of the provisions of Section 4.02(a). Allocations of the principal portion of Debt Service Reductions shall be made by operation of the provisions of Section 4.02(a). All Realized Losses and all other losses allocated to a Class of Certificates hereunder will be allocated among the Certificates of such Class in proportion to the Percentage Interests evidenced thereby; provided that if any Subclasses of the Class A-V Certificates have been issued pursuant to Section 5.01(c), such Realized Losses and other losses allocated to the Class A-V Certificates shall be allocated among such Subclasses in proportion to the respective amounts of Accrued Certificate Interest payable on such Distribution Date that would have resulted absent such reductions.

  • Allocation of Recovery In the event an actual pecuniary loss is suffered by any two or more of the Insureds under circumstances covered by the terms of the Bond, any recovery under the Bond shall be allocated among such Insureds as follows:

  • Allocation of Recoveries (a) If more than one of the parties hereto is damaged in a single loss for which recovery is received under the policy, each such party shall receive that portion of the recovery which represents the loss sustained by that party, unless the recovery is inadequate to fully indemnify such party sustaining loss.

  • Allocation of Relative Fault Solely for purposes of determining relative fault pursuant to this Section 4.7: (i) any fault associated with the business conducted with the Delayed SpinCo Assets or Delayed SpinCo Liabilities (except for the gross negligence or intentional misconduct of a member of the Parent Group) or with the ownership, operation or activities of the SpinCo Business prior to the Effective Time shall be deemed to be the fault of SpinCo and the other members of the SpinCo Group, and no such fault shall be deemed to be the fault of Parent or any other member of the Parent Group; (ii) any fault associated with the business conducted with Delayed Parent Assets or Delayed Parent Liabilities (except for the gross negligence or intentional misconduct of a member of the SpinCo Group) shall be deemed to be the fault of Parent and the other members of the Parent Group, and no such fault shall be deemed to be the fault of SpinCo or any other member of the SpinCo Group; and (iii) any fault associated with the ownership, operation or activities of the Parent Business prior to the Effective Time shall be deemed to be the fault of Parent and the other members of the Parent Group, and no such fault shall be deemed to be the fault of SpinCo or any other member of the SpinCo Group.

  • Allocation of Resources So that the mutually agreed­upon objectives of the agreement can be adequately met, resources from the School Board and the DJJ will be allocated based on the previously identified roles and responsibilities of each agency. XXX agrees to the following:

  • Allocation of Overhead To the extent that Borrower, on the one hand, and the Servicer, the Parent, the Performance Guarantor, any Originator or any Affiliate thereof, on the other hand, have offices in the same location, there shall be a fair and appropriate allocation of overhead costs between them, and the Borrower shall bear its fair share of such expenses, which may be paid through the Servicing Fee or otherwise.

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