Cash Distribution. Upon the timely receipt by the Depositary of a notice from the Company that it intends to make a distribution of a cash dividend or other cash distribution, the Depositary shall establish an ADS Record Date upon the terms described in Section 4.9. Upon receipt of confirmation from the Custodian of receipt of any cash dividend or other cash distribution on any Deposited Securities, or upon receipt of proceeds from the sale of any Deposited Property held in respect of the ADSs under the terms of the Deposit Agreement, the Depositary will (i) if at the time of receipt thereof any amounts received in a Foreign Currency can, in the judgment of the Depositary (pursuant to Section 4.8 of the Deposit Agreement), be converted on a practicable basis into Dollars transferable to the United States, promptly convert or cause to be converted such cash dividend, distribution or proceeds into Dollars (on the terms described in Section 4.8 of the Deposit Agreement), (ii) if applicable and unless previously established, establish the ADS Record Date upon the terms described in Section 4.9 of the Deposit Agreement, and (iii) distribute promptly the amount thus received (net of (a) the applicable fees and charges of, and expenses incurred by, the Depositary and (b) taxes withheld) to the Holders entitled thereto as of the ADS Record Date in proportion to the number of ADSs held as of the ADS Record Date. The Depositary shall distribute only such amount, however, as can be distributed without attributing to any Holder a fraction of one cent, and any balance not so distributed shall be held by the Depositary (without liability for interest thereon) and shall be added to and become part of the next sum received by the Depositary for distribution to Holders of ADSs outstanding at the time of the next distribution. If the Company, the Custodian or the Depositary is required to withhold and does withhold from any cash dividend or other cash distribution in respect of any Deposited Securities, or from any cash proceeds from the sales of Deposited Property, an amount on account of taxes, duties or other governmental charges, the amount distributed to Holders on the ADSs shall be reduced accordingly. Such withheld amounts shall be forwarded by the Company, the Custodian or the Depositary to the relevant governmental authority. Evidence of payment thereof by the Company shall be forwarded by the Company to the Depositary upon request. The Depositary will hold any cash amounts it is una...
Cash Distribution. No Partner shall have any right to demand or receive property, other than cash upon dissolution and termination of the Partnership, or to demand the return of his original capital contribution to the Partnership, except in accordance with the terms of this Agreement.
Cash Distribution. Cash distributions shall be distributed to the Member of the Company at the times and in the aggregate amounts determined by the Member from time to time.
Cash Distribution. (a) The Company shall declare (subject to obtaining the Court Approval), and immediately prior to the Effective Time the Company shall pay, a cash distribution equal to $158,296,472 in the aggregate to all holders of record of Company Shares as of immediately prior to the Effective Time pro rata in accordance with their holdings of Company Shares (as the same may be adjusted pursuant to Section 5.12(c), the “Cash Distribution”, and the amount of such distribution payable in respect of each Company Share as of the record date shall be referred to as the “Per Share Cash Distribution Amount”). The Company shall apply to the Applicable Court to receive approval for a capital reduction in order to enable the Cash Distribution together with and as part of the application for the Court Approval, and the terms “Merger Proposal” and “
Cash Distribution. Immediately prior to the Closing, ABI shall cause Xxxxxx XX Partner to, and Buyer shall cause Buyer JV Partner to, cause the JV to distribute all Available Cash to Xxxxxx XX Partner and Buyer JV Partner. On the second Business Day prior to the Closing, Buyer shall cause Buyer JV Partner to provide to the parties hereto an estimate of the amount of such Available Cash that will be distributed pursuant to the immediately preceding sentence. If it is not reasonably practical to effect the distribution contemplated by the first sentence of this Section 5.06 in the manner contemplated thereby, then the parties hereto shall cooperate in good faith to implement a mutually agreeable alternative mechanism such that all Available Cash as of the Closing is distributed or otherwise paid to Buyer JV Partner and Xxxxxx XX Partner immediately prior to, at or as soon as practicable following the Closing.
Cash Distribution. Notwithstanding anything contained herein to the contrary, the Company may distribute cash to its shareholders on the Closing Date in the amount not to exceed the amount of the current assets less the current liabilities of the Company as of the Closing Date (the "Cash Distribution"); provided that such Cash Distribution shall not be made by the Company unless and until (a) the payment obligations for all purchase prices in relation to the Acquisitions and (b) the repayment obligations under the SII Loan Agreement, have been made or reserved in full.
Cash Distribution. (i) Upon the occurrence of a Harvest Event, each of the holders of the Series A 2016 Eco-Tree Units shall receive a cash sum, if any, equal to the pro rata share of 50% the Net Profits received by the Company as a result of the Harvest Event.
Cash Distribution. If the Company makes any cash distribution (excluding any cash distributions in connection with a Winding Up or a Cash Exit Transaction) during any quarterly fiscal period to all or substantially all holders of Common Units, the number of Warrant Units for which each Warrant is exercisable will be adjusted based on the following formula: SP0 NS' = NS0 x SP0 - C where, NS' = the number of Warrant Units for which each Warrant is exercisable in effect immediately after the record date for such distribution NS0 = the number of Warrant Units for which each Warrant is exercisable in effect immediately prior to the record date for such distribution SP0 = the Current Market Price per Common Unit ending on the last Trading Day immediately preceding the first date on which the Common Units trade regular way without the right to receive such distribution (or, if the Common Units are not then traded on a U.S. national securities exchange, the Current Market Price of the Common Units on the first Business Day after the record date for such distribution) C = the amount in cash per Common Unit the Company distributes to holders of Common Units. Such adjustment shall become effective immediately after the close of business, on the date for the determination of unit holders entitled to receive such cash distribution. No adjustment shall be made pursuant to this Section 5.1(e) which shall have the effect of decreasing the number of Warrant Units issuable upon exercise of the Warrants. To the extent such distribution is not so paid or made, the number of Warrant Units will automatically be readjusted to the number that would then be in effect had the adjustment been made on the basis of only the distribution, if any, actually made or paid.
Cash Distribution. (a) In accordance with the Global Transaction Structure, SpinCo shall distribute the Base Cash Distribution to Parent in connection with the Separation and the Distribution, and SpinCo shall retain the Minimum Cash Amount. This distribution shall be in partial consideration for the Contribution.
Cash Distribution. No adjustment of cash dividends on Common Stock or other Securities purchasable pursuant to the provisions of this Debenture will be made to the Conversion Price.
