Allocable Portion definition
Allocable Portion for purposes of this Plan, means (1) if there is one Distributor, all Earned Distribution and Earned Servicing Fees; or (2) if there are two or more Distributors, the portion of the Earned Distribution Fee and Earned Servicing Fee allocated to a Distributor in accordance with any allocation procedures to which each Distributor shall agree and which accurately allocates the Earned Distribution and Earned Servicing Fees among all Distributors in proportion to the outstanding New Class X Shares attributable to their respective efforts.
Allocable Portion means, for purposes of any calculation as of any date, the weighted average of the Reference Obligation Payment Allocation Factors with respect to those Reference Obligations that are included in the applicable calculation.
Allocable Portion means the a fraction, the numerator of which is the Average Accounts (as defined below) of the Funds involved in the early Termination and the denominator of which is the Average Accounts of all Funds; and
Examples of Allocable Portion in a sentence
For example, should the amount of the Disputed Items submitted total $1,000 and the Independent Accountant awards $600 in favor of Sellers’ position, 60% of the costs of the Independent Accountant’s review would be borne by Purchaser and 40% of the costs would be borne by Sellers, in accordance with each Seller’s Allocable Portion.
Notwithstanding the foregoing or anything to the contrary in this Agreement, (A) nothing in this Agreement shall limit, subject to subclause (B) of this sentence, any claim for Actual Fraud, (B) no Seller shall be liable for the Actual Fraud of any other Seller and (C) the liability of any Seller for Actual Fraud shall not be limited to such Seller’s Allocable Portion of the Final Purchase Price and shall be determined without regard to such Allocable Portion.
More Definitions of Allocable Portion
Allocable Portion means with respect to the share of any Seller in a particular amount that fraction equal to the number of Target Shares the Seller holds as set forth in §4(b) of the Disclosure Schedule over the total number of outstanding Target Shares.
Allocable Portion means the portion of a Shared Liability for which RemainCo or SpinCo shall be responsible under Article VII hereof, which shall be allocated between such entities equally.
Allocable Portion shall have the meaning set forth in Section 2.03.
Allocable Portion means, in respect of Distribution Fees payable in respect of the Class B Shares of any series as applied to any Principal Distributor, the portion of such Distribution Fees and CDSCs allocated to such Principal Distributor in accordance with the Allocation Schedule (as hereinafter defined). For purposes of this Plan, the term “Complete Termination” of this Plan means, in respect of any series, a termination of this Plan involving the cessation of payments of Distribution Fees hereunder in respect of Class B Shares of such series and the cessation of payments of distribution fees pursuant to every other rule 12b-1 plan of the Fund in respect of such series for every future class of shares which, in the
Allocable Portion means, in respect of Distribution Fees payable in respect of the Class B shares of any series as applied to any Distributor, the portion of such Distribution Fees and CDSCs allocated to such Distributor in accordance with the Allocation Schedule (as hereinafter defined). For purposes of this Plan, the term "Complete Termination" of this Plan means, in respect of any series, a termination of this Plan involving the cessation of payments of Distribution Fees hereunder in respect of Class B shares of such series and the cessation of payments of distribution fees pursuant to every other rule 12b-1 plan of the Trust in respect of such series for every future class of shares which, in the good faith determination of the Board of Trustees of the Trust, has substantially similar economic characteristics to the Class B shares taking into account the total sales charge, contingent deferred sales charge and other similar charges, it being understood that the existing Class A shares and existing Class C shares do not have substantially similar economic characteristics to the Class B shares. For purposes of this Plan, the term "Allocation Schedule" means, in respect of the Class B shares of any series, a schedule which shall be approved in the same manner as this Plan as contemplated by Section 4 hereof for assigning to each Distributor of Class B shares of such series the portion of the total Distribution Fees payable by the Trust in respect of the Class B shares of such series which has been earned by such Distributor, which shall be attached to and become a part of any Distribution Agreement in respect of Class B shares provided that where there is only one Distributor at any given time, the Allocation Schedule shall mean all of the total Distribution Fees payable by the Trust in respect of the Class B shares of such series which has been earned by such Distributor. For purposes of clause (I) of the first sentence of this Section 2, the term "Initial Issue Commission Share" shall mean, in respect of any series, a Class B share which is a Commission Share issued by such series under circumstances other than in connection with a permitted free exchange with another fund. For purposes of the foregoing definition, a "Commission Share" shall mean, in respect of any series, each Class B share of such series which is issued under circumstances which would normally give rise to an obligation of the holder of such Class B share to pay a CDSC upon redemption of such share, in...
Allocable Portion means, in respect of Distribution Fees and CDSCs payable in respect of the Class B Shares of any series as applied to you, the portion of such Distribution Fees allocated to you in accordance with the Allocation Schedule attached hereto as Exhibit A.
Allocable Portion means a percentage based upon the portion of ownership interest in the Companies allocable to each Seller as set forth on the Sellers’ Schedule.