Class B. In consideration of the Distributor's services as distributor for the Class B Shares of a Fund, each Fund shall pay to the Distributor (or its designee or transferee) the Distributor's Allocable Portion of the Distribution Fee; (as set forth in Schedule II to this Agreement) that is payable pursuant to the Fund's Distribution Plan in respect of the Class B Shares of a Fund. For purposes of this Agreement, the Distributor's "Allocable Portion" of the Distribution Fee shall be 100% of such Distribution Fee unless or until the Fund uses a principal underwriter other than the Distributor and thereafter the Allocable Portion shall be the portion of the Distribution Fee attributable to (i) Class B Shares of a Fund sold by the Distributor ("Commission Shares"), (ii) Class B Shares of the Fund issued in connection with the exchange of Commission Shares of another Fund, and (iii) Class B Shares of the Fund issued in connection with the reinvestment of dividends and capital gains. The Distributor's Allocable Portion of the Distribution Fee and the contingent deferred sales charges arising in respect of Class B Shares taken into account in computing the Distributor's Allocable Portion shall be limited under Rule 2830 of the Conduct Rules or other applicable regulations of the NASD as if the Class B Shares taken into account in computing the Distributor's Allocable Portion themselves constituted a separate class of shares of a Fund. The services rendered by the Distributor for which the Distributor is entitled to receive the Distributor's Allocable Portion of the Distribution Fee shall be deemed to have been completed at the time of the initial purchase of the Commission Shares (whether of the Fund or another Fund in the Xxxxxxx Group of Funds) taken into account in computing the Distributor's Allocable Portion. Notwithstanding anything to the contrary in this Agreement, the Distributor shall be paid its Allocable Portion of the Distribution Fee notwithstanding the Distributor's termination as principal underwriter of the Class B Shares of a Fund, or any termination of this Agreement other than in connection with a Complete Termination (as defined in the Distribution Plan) of the Class B Distribution Plan as in effect on the date of this Agreement. Except as provided in the preceding sentence, a Fund's obligation to pay the Distribution Fee to the Distributor shall be absolute and unconditional and shall not be subject to any dispute, offset, counterclaim or defense w...
Class B. The Class B voting members shall be the Declarants. The Class B voting members shall be entitled to three (3) votes for each forty thousand (40,000) square feet of Property (Land Area) that the Declarants own within Lincoln Commerce Center. Fractional votes for the Class B voting member shall be computed in the same manner as provided hereinabove for the Class A members. Notwithstanding anything to the contrary in this Declaration, amendments to this Section VIII A. 6. Shall only be effective upon the unanimous written consent of all Class A voting members and all Class B voting members.
Class B. Vehicles not designed to carry standing passengers; a vehicle of this class has no provisions for standing passengers.
Class B. A teacher who has accepted a Class B extracurricular assignment shall continue in such assignment subject to the School District's annual renewal, for at least two (2) consecutive school years. The teacher may, however, request a release from the Class B assignment effective at the end of the second school year and the School District shall honor and grant the request, provided that the written request is received by the teacher's supervising administrator by April 1 for this subsequent school year. If a Class B extra-curricular assignment is not renewed by the School District, no hearing is required, but the teacher will be given the reasons in writing for the non-renewal.
Class B. Any child of the deceased employee, who at the time a Transition Survivor Income Benefit first becomes payable to such child is both unmarried and either (i) under 21 years of age, or (ii) at least age 21 but under age 25 or (iii) totally and permanently disabled at any age over 21; provided, however, that a child under (ii) or (iii) must have been legally residing with and dependent upon the employee at the time of the employee's death. A child shall cease to be a Class B eligible survivor upon marrying or if not totally and permanently disabled, upon reaching the 25th birthday of such child.
Class B. On the Restatement Effective Date, each Lender holds Class B Loans in the amount set forth in column G of Schedule 2.1. Each of Borrower and Detroit acknowledges that, pursuant to the Amendment No. 9 and Restatement Agreement, it has irrevocably surrendered its right to re-borrow any portion of the Class B Loans which is repaid or prepaid. Subject to the limitations set forth herein, the Class B Loans may be prepaid without premium or penalty.
Class B. Each of the product categories listed on Schedule 2 shall conditionally constitute “Class B” categories, provided that if SPE omits to enter into any Co-Promotion(s) with respect to any one or more of such product categories listed on Schedule 2 during any Exclusive Co-Promotion Window, then such omitted category(ies) shall be treated as Class C products during the following Non-Exclusive Co-Promotion Window. (For example, if during a particular Exclusive Co-Promotion Window, SPE enters into a Co-Promotion with respect to salty snack foods but does not enter into a Co-Promotion with respect to airlines, hotels or travel services, then during the following Non-Exclusive Co-Promotion Window, salty snacks shall continue to be treated as a Class B category, whereas airlines, hotels and travel services shall be treated as Class C category . If, however, during the next Exclusive Co-Promotion Window, SPE enters into a Co-Promotion with respect to airlines, hotels or travel services, then during the following Non-Exclusive Co-Promotion Window airlines, hotels or travel services shall again be treated as a Class B category.) SPE and Marvel shall each have the right to conduct Co-Promotions in which the Tie-In Item is in Class B; however, Marvel’s right to conduct such Co-Promotions shall be subject to SPE’s Pre-Emption Right under Section 11A.d(vi)(B) hereof.
Class B. The Class B Voting Members shall be the Developer, any successor Developer, and UM, provided, however, that any assignment of the Developer's rights or responsibilities as a Class B Voting Member must be in writing and expressly provide for the assignment of Class B Voting Member status. The Class B Voting Member shall be entitled to one (1) vote, plus two (2) votes for each vote which each Class A Voting Member is entitled to cast. The Class B membership shall terminate as to each Developer and to UM, at such time as the Developer, or any successor Developer, or UM no longer have an ownership interest, possessory interest, leasehold rights or lien rights in or to any portion of the Property, or twenty (20) years from the date of recording this instrument, whichever first occurs.
Class B. Any Person or Entity admitted by the Company as a Class B Member shall be shown on Exhibit A, as supplemented in accordance with Section 9.3 below, under the heading “Class B Members” and as a prerequisite thereto, shall have executed a copy of this Agreement and any Amendment to this Agreement which provides for any additional particular agreements related to the terms of the Class B Interest.
Class B. Class B members shall be First or its assigns and shall be entitled to three votes for each lot owned. The Class B membership shall cease and be converted to Class A membership on the happening of either of the following events, whichever occurs earlier: