Pro Rata Payment means, as to any amount, an aggregate amount of cash and Purchase Shares (where each Purchase Share is valued at the Per Share Value of the Purchase Shares) equal to such amount and allocated as between cash and Purchase Shares such that 35.14% of such amount shall be in the form of Purchase Shares and 64.86% of such amount shall be in cash; provided, however, that (i) the cash portion of such amount shall be increased by (A) any Interim Dividend paid in cash on the Purchase Shares included in such Pro Rata Payment and (B) in respect of the portion of any cash payment by Buyer pursuant to (x) Section 2.6(f), interest on such portion (without giving effect to the foregoing clause (A)) from the date of the Closing, as applicable, to the date of payment at LIBOR calculated on a 365-day basis and (y) Section 7.2, interest on such portion (without giving effect to the foregoing clause (A)) at LIBOR calculated on a 365-day basis from the date notice of the Losses for which indemnification is sought was delivered until the date of payment of indemnification by the Buyer Indemnifying Party and (ii) the stock portion of such amount shall be increased by Interim Dividends paid in stock on the Purchase Shares included in such Pro Rata Payment.
Pro Rata Payment a payment to a Senior Facility Lender on any date on which a payment of Senior Loan Obligation is paid in which (i) interest paid to such Senior Facility Lender on such date bears the same proportion to the total interest payments made or to be made to all Senior Facility Lenders on such date as (x) the total Senior Loan Obligations for interest due to such Senior Facility Lender on such date bears to (y) the total Senior Loan Obligations for interest due to all Senior Facility Lenders on such date, (ii) principal paid or prepaid to such Senior Facility Lender on such date bears the same proportion to the total principal payments or prepayments made to all Senior Facility Lenders on such date as (x) the total Senior Loan Obligations for principal due to such Senior Facility Lender on such Payment Date bears to (y) the total Senior Loan Obligations for principal due to all Senior Facility Lenders on such date, in each case not including any principal payable by way of an acceleration of principal payable unless each Senior Loan has been accelerated (unless a Borrower Enforcement Direction has been given, in which case all Senior Loans will be deemed for purposes of this definition to have been accelerated) and (iii) fees, commission, indemnities and all amounts other than interest and principal paid to such Senior Facility Lender on such date bears the same proportion to the total fees, commissions, indemnities and such other amounts paid to all Senior Facility Lenders on such date as (x) the total Senior Loan Obligations for fees, commissions, indemnities and such other amounts due to such Senior Lender on such date bears to (y) the total Senior Loan Obligations for fees, commission, indemnities and such other amounts due to all Senior Facility Lenders on such date. If payments cannot be made exactly in such proportion due to minimum required payment amounts and required integral multiples of payments under Senior Loan Documents, payments made in amounts as near as such exactly proportionate amounts as possible shall be deemed to be Pro Rata Payments.
Pro Rata Payment means a payment to a Secured Party (other than the Collateral Agent, the Administrative Agent, the Tranche A Trustee and the Tranche B Trustee in their respective individual and trust capacities) on any date on which a payment of Secured Obligations is made in which (a) interest paid to such Secured Party on such date bears the same proportion to the total interest payments made to all Secured Parties on such date as (i) the total Secured Obligations for interest due to such Secured Party on such date bears to (ii) the total Secured Obligations for interest due to such Secured Parties on such date, (b) principal paid or prepaid to such Secured Party on such date bears the same proportion to the total principal payments or prepayments made to all Secured Parties on such date as (i) the total Secured Obligations for principal due to such Secured Party on such date bears to (ii) the total Secured Obligations for principal due to all Secured Parties on such date, in each case not including any principal payable by way of an acceleration of principal payable unless the Tranche A Obligations or the Tranche B Obligations, as the case may be, in respect of which principal is payable by way of acceleration, have been accelerated in whole or in part, as the case may be, and (c) fees, commissions, indemnities and all amounts other than interest and principal paid to such Secured Party on such date bears the same proportion to the total fees, commissions, indemnities and such other amounts paid to all Secured Parties on such date as (i) the total Secured Obligations for fees, commissions, indemnities and such other amounts due to such Secured Party on such date bears to (ii) the total Secured Obligations for fees, commissions, indemnities and such other amounts due to all Secured Parties on such date.
Examples of Pro Rata Payment in a sentence
To the extent permitted by law, enforcement matters relating in any way to a Pro Rata Payment, or recovery or reimbursement of any Costs of Construction, shall be the sole responsibility of the private developer.
The City assumes no liability or responsibility regarding the enforceability of any Reimbursement Agreement, or the developer’s ability to seek a Pro Rata Payment.
Pro Rata Payment On Issuance of Permit: Each owner of a building that is issued a Permit shall pay the applicable Service Fee beginning with the day after the Permit is issued.
No Benefitted Property is permitted to connect to or use the Municipal Improvement without first making the Pro Rata Payment.
The Pro Rata Payment is in addition to any connection fees, service fees, or other fees that may be charged for connection and/or use of the Municipal Improvement, or any other fees chargeable by the City under the Code for the construction of a particular Municipal Improvement.
More Definitions of Pro Rata Payment
Pro Rata Payment means a payment to a Senior Lender on any date on which a payment on or in respect of Senior Debt Obligations is made in which:
Pro Rata Payment has the meaning specified in Section 1305.
Pro Rata Payment means (a) if the payment to such Subscriber is made in cash, the amount of cash that such Subscriber would have received had such Subscriber invested an amount equal to its Purchase Price in such Subsequent Financing (the “Payment Amount”) or (b) if the payment to such Subscriber is made in restricted shares of the Company’s common stock, then an amount determined by dividing the Payment Amount by the Fair Market Value, provided that if there is any decrease in the Cash Payment to the Subsequent Financing investors then the Pro Rata Payment shall be decreased in the same proportion; and
Pro Rata Payment or ‘full pro rata’ means the set rate subsidy of $4 400 for a full-time position and $2 200 for a part-time position;
Pro Rata Payment means, with respect to any Group Senior Subordinated Note, any payment (whether principal, interest or otherwise) made in respect of such Group Senior Subordinated Note that is: (i) made substantially simultaneously with a payment on each other Group Senior Subordinated Note and (ii) is in an amount that represents such Group Senior Subordinated Note’s Pro Rata Share of the aggregate of such payment and all such substantially simultaneous payments.
Pro Rata Payment means the portion, if any, of the Tiered Reimbursement Settlement Fund to be paid to each eligible Settlement Class Member, as calculated below.
Pro Rata Payment has the meaning given to such term in the Intercreditor Agreement.