FIFTH definition

FIFTH. The Corporation is to have perpetual existence.

FIFTH. The following provisions are inserted for the management of the business and the conduct of the affairs of the Corporation, and for further definition, limitation and regulation of the powers of the Corporation and of its directors and stockholders:

FIFTH. The Funds shall bear:

Examples of FIFTH in a sentence

• Investors are advised to exercise extreme caution in dealing in the Shares as each of the Sale and Purchase Agreements, other than the Fourth Agreement and the Fifth Agreement, is subject to various conditions and the Offer will only be made upon completion of the Sale and Purchase Agreements.

• In other words, that the conduct of the First, Fourth and Fifth Respondents has been oppressive and prejudicial to ALL the minority shareholders.

• These Ancillary Claims are largely the same, namely an Order directing the First, Fourth and Fifth Respondents to purchase their shares at a price to be agreed or set by the Court, or by an independent valuer to be agreed between the parties, or in default of agreement a panel of three arbitrators to be appointed; and for such further and/or other relief as the Court may deem necessary and just.

• Table 2, below, compares the compliance ratings from the Monitors’ Fifth and Sixth Reports.

• Fifth, to prospective students residing outside of the Heritage Academy Primary Attendance Area.

More Definitions of FIFTH

FIFTH. The name and address of the Corporation's current resident agent is as set forth in Article IV of the foregoing amendment and restatement of the charter.

FIFTH. The Distributor shall act as an agent of the Fund in connection with the sale and redemption of Shares. Except with respect to such sales and redemptions, the Distributor shall act as principal in all matters relating to the promotion of the sale of Shares and shall enter into all of its own engagements, agreements and contracts as principal on its own account. The Distributor shall enter into agreements with investment dealers and financial institutions selected by the Distributor, authorizing such investment dealers and financial institutions to offer and sell the Shares to the public upon the terms and conditions set forth therein, which shall not be inconsistent with the provisions of this Agreement. Each agreement shall provide that the investment dealer or financial institution shall act as a principal, and not as an agent, of the Fund.

FIFTH of Section 3.3 hereof; and

FIFTH. The Distributor shall act as agent of the Company on behalf of the Portfolios in connection with the sale and repurchase of shares of the Portfolios. Except with respect to such sales and repurchases, the Distributor shall act as principal in all matters relating to the promotion of the sale of shares of the Portfolios and shall enter into all of its own engagements, agreements and contracts as principal on its own account. The Distributor shall enter into agreements with investment dealers and financial institutions selected by the Distributor, authorizing such investment dealers and financial institutions to offer and sell shares of the Portfolios to the public upon the terms and conditions set forth therein, which shall not be inconsistent with the provisions of this Agreement. Each agreement shall provide that the investment dealer and financial institution shall act as a principal, and not as an agent, of the Company on behalf of the Portfolios.

FIFTH. Upon a receipt by the Fund at its principal place of business or other place designated by the Fund of an order from the Distributor, together with delivery instructions, the Fund shall, as promptly as practicable, cause the shareholder's account or certificates for the shares called for in such order to be credited or delivered in such amount and in such names as shall be specified by the Distributor, against payment therefor in such manner as may be acceptable to the Fund.

FIFTH. To pay Second Party or Surety as collateral upon demand, the penal amount of Bail Bond whenever Second Party or Surety, as a result of Information concealed or misrepresented by the First Party or Principal or other reasonable cause, any one of which was material to hazard assumed, deems payment necessary to protect the Second Party or Surety hereunder. Where, as a result of judicial action, bail has been increased, and no collateral or insufficient collateral, in the sole discretion of Second Party or Surety, is furnished to indemnify against such increase in the bail. Second Party or Surety may demand such collateral as will indemnify them against such increased bail.

FIFTH. Any remaining net proceeds shall be distributed Pro Rata among the Partners.