Excess Distribution Clause Samples

Excess Distribution. Immediately upon the Excess Distribution Date, the GUC Trust shall be authorized to make the Excess Distribution as set forth in the GUC Trust Excess Distribution Motion in the reduced aggregate amount of Three Hundred Million U.S. Dollars ($300,000,000.00), pursuant to the terms of the GUC Trust Agreement; provided, that, such Excess Distribution will not be made to any Plaintiffs or Class Members except to the extent that any Plaintiff or Class Member is the registered or beneficial holders of GUC Trust Units as of the applicable record date of such Excess Distribution.
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Excess Distribution. (a) (Deposit with the Residual Unitholder): A payment to the Residual Unitholder of the Excess Distribution pursuant to clause 10.2B(o) will be held by the Residual Unitholder as a deposit by the Trustee with the Residual Unitholder and will be dealt with in accordance with this clause 11.2. (b) (Application towards Net Tax Income): At the end of each Financial Year, the Residual Unitholder will, and will be entitled to, deduct from so much of the deposit standing to the credit of the Trustee pursuant to clause 11.2(a): (i) first, the Net Tax Income of the Series Trust for that Financial Year absolutely vested in the Residual Unitholder for that Financial Year pursuant to clause 11.1 (ii) secondly, an amount not exceeding the then Subscription Amount notified by the Manager to the Trustee and the Residual Unitholder that the Residual Unitholder is entitled to deduct as a return of capital in the Series Trust represented by the Residual Unit. To the extent that there is any surplus in the amount so deposited over the aggregated Net Tax Income vested pursuant to clause 11.2(b)(i) or paid as a return of capital pursuant to clause 11.2(b)(ii), in a Financial Year, after the capital in the Series Trust has been reduced, the surplus will be dealt with in accordance with this clause 11.2(b) in the succeeding Financial Year. -------------------------------------------------------------------------------- 12. Early termination of Swaps
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Excess Distribution. The Issuer must at the written direction of the Manager pay any Excess Distribution for a Quarterly Collection Period to the Residual Income Beneficiary on the relevant Quarterly Payment Date. Once paid to the Residual Income Beneficiary, the Issuer may not recover any Excess Distributions from the Residual Income Beneficiary other than in the circumstances specified in clause 5.3 of the Supplementary Terms Notice.
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Excess Distribution. On the date of each Distribution by a Pool I Underlying Business, the Sponsor Subsidiaries shall prepay Advances in a principal amount equal to the Excess Distribution (if any) calculated as of such date, together with all other amounts required to be paid pursuant to Section 2.07(c) in connection with such prepayment.
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Excess Distribution. (a) The Trustee must at the written direction of the Manager pay any Excess Distribution for a Quarterly Collection Period to the Beneficiary on the relevant Quarterly Payment Date. (b) The Trustee may not recover any Excess Distributions from the Beneficiary once they are paid to the Beneficiary except: (i) where there has been a manifest error in the relevant calculation of the Excess Distributions; or (ii) an amount equal to payments made or required to be made by the Trustee under clause 5.1(c)(xii) , and the Beneficiary agrees to pay to the Trustee any such amount.
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Excess Distribution. (1) In general
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Excess Distribution. If and to the extent that IPT reasonably determines that the distributions required to be paid by IPT pursuant to the foregoing subsections (c) and (d) of this Section 6.1 are not sufficient for IPT to meet the distribution requirements applicable to REITs for IPT's taxable year ended on the date on which the Effective Time occurs, including as a result of the AMIT Merger, then IPT shall, prior to the date on which the Effective Time occurs, declare, with a record date prior to the Effective Time, one or more special distributions in respect of the IPT Common Shares in an aggregate amount equal to the amount of such shortfall (the aggregate of all such distributions per IPT Common Share, if any, is referred to herein as the "Excess Distribution Amount").
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Excess Distribution. (a) The Trustee must at the written direction of the Manager pay any Excess Distribution for a Quarterly Collection Period to the Beneficiary on the relevant Quarterly Payment Date. (b) The Trustee may not recover any Excess Distributions from the Beneficiary once they are paid to the Beneficiary except where there has been a manifest error in the relevant calculation of the Excess Distributions.
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Related to Excess Distribution

  • Multi-Class Distribution Arrangements You understand and acknowledge that the Funds may offer Shares in multiple classes, and you represent and warrant that you have established compliance procedures designed to ensure that your customers are made aware of the terms of each available class of Fund Shares, to ensure that each customer is offered only Shares that are suitable investments for him or her, to ensure that each customer is availed of the opportunity to obtain sales charge break points as detailed in the Prospectus, and to ensure proper supervision of your representatives in recommending and offering the Shares of multiple classes to your customers.

  • Voting Rights; Distributions; etc (a) So long as no Event of Default shall have occurred and be continuing: (i) Each Pledgor shall be entitled to exercise any and all voting and other consensual rights pertaining to the Securities Collateral or any part thereof for any purpose not inconsistent with the terms or purposes hereof, the Credit Agreement or any other document evidencing the Secured Obligations; provided, however, that no Pledgor shall in any event exercise such rights in any manner which could reasonably be expected to have a Material Adverse Effect. (ii) Each Pledgor shall be entitled to receive and retain, and to utilize free and clear of the Lien hereof, any and all Distributions, but only if and to the extent not prohibited by the Credit Agreement; provided, however, that any and all such Distributions consisting of rights or interests in the form of securities shall be forthwith delivered to the Collateral Agent to hold as Pledged Collateral and shall, if received by any Pledgor, be received in trust for the benefit of the Collateral Agent, be segregated from the other property or funds of such Pledgor and be promptly (but in any event within five days (or such longer period as may be determined by the Collateral Agent in its sole discretion) after receipt thereof) delivered to the Collateral Agent as Pledged Collateral in the same form as so received (with any necessary endorsement). (b) So long as no Event of Default shall have occurred and be continuing, the Collateral Agent shall be deemed without further action or formality to have granted to each Pledgor all necessary consents relating to voting rights and shall, if necessary, upon written request of any Pledgor and at the sole cost and expense of the Pledgors, from time to time execute and deliver (or cause to be executed and delivered) to such Pledgor all such instruments as such Pledgor may reasonably request in order to permit such Pledgor to exercise the voting and other rights which it is entitled to exercise pursuant to Section 5.2(a)(i) hereof and to receive the Distributions which it is authorized to receive and retain pursuant to Section 5.2(a)(ii) hereof. (c) Upon the occurrence and during the continuance of any Event of Default and notice by the Collateral Agent: (i) All rights of each Pledgor to exercise the voting and other consensual rights it would otherwise be entitled to exercise pursuant to Section 5.2(a)(i) hereof shall immediately cease, and all such rights shall thereupon become vested in the Collateral Agent, which shall thereupon have the sole right to exercise such voting and other consensual rights. (ii) All rights of each Pledgor to receive Distributions which it would otherwise be authorized to receive and retain pursuant to Section 5.2(a)(ii) hereof shall immediately cease and all such rights shall thereupon become vested in the Collateral Agent, which shall thereupon have the sole right to receive and hold as Pledged Collateral such Distributions. (d) Each Pledgor shall, at its sole cost and expense, from time to time execute and deliver to the Collateral Agent appropriate instruments as the Collateral Agent may request in order to permit the Collateral Agent to exercise the voting and other rights which it may be entitled to exercise pursuant to Section 5.2(c)(i) hereof and to receive all Distributions which it may be entitled to receive under Section 5.2(c)(ii) hereof. (e) All Distributions which are received by any Pledgor contrary to the provisions of Section 5.2(c)(ii) hereof shall be received in trust for the benefit of the Collateral Agent, shall be segregated from other funds of such Pledgor and shall immediately be paid over to the Collateral Agent as Pledged Collateral in the same form as so received (with any necessary endorsement).

  • REMIC Distributions On each Distribution Date the Trustee shall be deemed to have allocated distributions to the REMIC I Regular Interests, REMIC II Regular Interests, Class CE Interest, Class P Interest and Class IO Interest in accordance with Section 5.07 hereof.

  • Accounts Distributions (a) On or prior to the Closing Date, the Issuer shall cause the Servicer to establish and maintain, in the name of the Indenture Trustee for the benefit of the Owners and the Note Insurer, the Accounts as provided in the Sale and Servicing Agreement. The Indenture Trustee shall deposit amounts into the Accounts in accordance with the terms hereof and the Sale and Servicing Agreement. (b) On or before the Monthly Remittance Date prior to each Payment Date, the Servicer shall withdraw from the Principal and Interest Account the amounts specified in Section 3.03(a) of the Sale and Servicing Agreement and will deliver such amount to the Indenture Trustee for deposit into the Pool I Note Account. No later than the Business Day prior to each Payment Date, to the extent funds are available in the Pool I Note Account, the Indenture Trustee shall either retain funds in the Pool I Note Account or make the withdrawals from the Pool I Note Account and deposits into the other Accounts for distribution on such Payment Date as required pursuant to Section 3.03(b) of the Sale and Servicing Agreement. (c) On each Payment Date and the Redemption Date, to the extent funds are available in the Pool I Note Account, the Indenture Trustee shall make the following distributions from the amounts on deposit in the Pool I Note Account in the following order of priority (except as otherwise provided in Section 5.4(b)): (i) to the Owners of the Notes, the Current Interest for such Payment Date; provided, that if there are not sufficient funds in the Pool I Note Account to pay the entire amount of accrued and unpaid interest then due on the Notes, the amount in the Pool I Note Account shall be applied to the payment of such interest on the Notes pro rata on the basis of the total such interest due on the Notes; and (ii) to the Owners of the Notes, the Pool I Principal Payment Amount for such Payment Date until the Pool I Note Principal Balance is reduced to zero. (d) The Indenture Trustee shall make claims in respect of the Home Equity Loans under the Note Insurance Policy pursuant to Section 7.02 of the Sale and Servicing Agreement and in accordance with the Note Insurance Policy. The Indenture Trustee shall deposit any Insured Payment received from the Note Insurer in respect of the Notes in the Pool I Note Account. All amounts received under the Note Insurance Policy in respect of the Notes shall be used solely for the payment to Owners of principal and interest on the Notes.

  • Residual Distributions If the Liquidation Preference has been paid in full to all holders of Designated Preferred Stock and the corresponding amounts payable with respect of any other stock of the Issuer ranking equally with Designated Preferred Stock as to such distribution has been paid in full, the holders of other stock of the Issuer shall be entitled to receive all remaining assets of the Issuer (or proceeds thereof) according to their respective rights and preferences.