Basis of distribution. To enable it to make any distribution, the Security Agent may fix a date as at which the amount of the Liabilities is to be calculated and may require, and rely on, a certificate from any Finance Party giving details of:
Basis of distribution. 12.1 Distributions by the UK Security Trustee shall be made at such times as the UK Security Trustee in its absolute discretion determines.
Basis of distribution. For the purpose of any distribution by the Security Trustee, it may:
Basis of distribution. For the purpose of any distribution by the Security Trustee, the Security Trustee may fix a date as at which the amount of the Secured Obligations is to be calculated. Any such date must not be more than 10 days before the proposed date of the relevant distribution. For the purposes of determining the amount of any payment to be made pursuant to Clause 5.1 (Order of Application) to any Secured Party, the Security Trustee shall be entitled to call for a certificate of the amount, currency and nature of any Secured Obligation due, owing or incurred to the relevant Secured Party at the date fixed by the Security Trustee for such purpose and as to such other matters as the Security Trustee may deem necessary or desirable to enable it to make a distribution. The Security Trustee shall be entitled to rely on any such certificate.
Basis of distribution. 19.4.1 To enable it to make any distribution, the Security Agent may fix a date as at which the amount of any Liabilities is to be calculated and may require, and rely on, a certificate from any Party giving details of:
Basis of distribution. For the purpose of any distribution by the Security Trustee, the Security Trustee may fix a date as at which the amount of the Obligations is to be calculated and may call for, and rely on, a certificate giving details of any sums due or owing to any Secured Party at the date fixed by the Security Trustee for that purpose and as to such other matters as the Security Trustee thinks fit to enable it to make that distribution.
Basis of distribution. Each Eligible Employee will receive a pro rata share of the lump sum based on the Eligible Employee’s Considered Earnings for the period specified below to the aggregate of all Considered Earnings for all Eligible Employees over the same period.
Basis of distribution. The Distribution of the FFS GEI Amount for each Contract Year to the budgeted amounts for FFS payments pursuant to particular items of the Tariff and to other programs and expenses funded by the Minister under this Part B will be as mutually agreed by the Parties or as otherwise determined pursuant to this Section 4.0.
Basis of distribution. The apportionment and basis of distribution of the Notes and surplus of cash and assets will be approximately based on the original subscription amounts for each existing share in WaferGen Malaysia (at the prevailing or assumed USD exchange rate) held or to be held by each Shareholder as follows: Table 1 Shareholder Ordinary Preference Subscription Amount (USD) MTDC (Series C RCPS) 3,233,734 5,000,000 MTDC (Series A RCPS) 888,888 2,000,000 WaferGen US (Series B RCPS) 854,723 1,923,128 WaferGen US (Ordinary shares) 300,000 100,000 # TOTAL 300,000 4,977,345 9,023,128 # assumed exchange rate of USD1:RM3.00 and further summarised as follows : Table 2 Shareholder Total Subscription Amount (USD) Percentage (%) Amount of Notes (USD100,000) MTDC 7,000,000 77.58 52 WaferGen US 2,023,128 22.42 14 TOTAL 9,023,128 100 66 Final distribution of surplus assets will also be based on the same percentages in Table 2 above.
Basis of distribution. 2.7 To enable it to make a distribution, the Intercreditor Agent may fix a date as at which the amount of the Liabilities is to be calculated and may require, and rely on, a certificate from any Party giving details of:
