ALLOCATION AND DISTRIBUTION Clause Samples

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ALLOCATION AND DISTRIBUTION. This Section shall become operative on a complete termination of the Plan. The provisions of this Section also shall become operative in the event of a partial termination of the Plan, as determined by a terminating Employer, but only with respect to that portion of the Plan attributable to the Participants to whom the partial termination is applicable. Upon the effective date of any such event, notwithstanding any other provisions of the Plan, no persons who were not theretofore Participants shall be eligible to become Participants, the value of the interest of all Participants and Beneficiaries shall be determined and, after deduction of estimated expenses in liquidating and, if applicable, paying Plan benefits, paid to them as soon as is practicable after such termination.
ALLOCATION AND DISTRIBUTION. 6.1 In respect of each Financial Year, Recorded Music NZ will, in accordance with the Distribution Policy: (i) determine the amount of Gross Receipts for the Financial Year; and (ii) after deduction of the amounts referred to in clause 5.2, determine the total amount available for allocation among the Licensors (Distributable Sum); and (iii) allocate a proportion of the Distributable Sum to you. 6.2 Subject to clause 6.4, at least once in each calendar year Recorded Music NZ will pay you the amount allocated to you under clause 6.1(iii) in respect of the immediately preceding Financial Year (Distribution). 6.3 If Recorded Music NZ notifies you in writing, at any time after payment of a Distribution under clause 6.2, that you were not entitled for any reason to receive some or all of the Distribution, you must repay the amount specified in Recorded Music NZ’s notice within 30 days of receiving the notice. If you fail to repay any amount to which this clause 6.3 applies, Recorded Music NZ may in its sole discretion choose to set off that amount against any future Distribution it pays to you, but for the avoidance of doubt Recorded Music NZ will have no obligation to do so, and may instead choose to recover the amount from you as a debt due to Recorded Music NZ. 6.4 Where Recorded Music NZ determines that you would be entitled to receive a Distribution in respect of any Controlled Content, and one or more persons is or are qualified to receive a payment in respect of that Controlled Content via the mechanism of a Direct-to-Artist Scheme, you authorise Recorded Music NZ to pay, in accordance with the Distribution Policy, a percentage of the relevant Distribution directly to such qualified person or persons. 6.5 Provided you give Recorded Music NZ at least 30 days prior written notice, you may at your own expense, and no more than once in respect of any Financial Year, appoint an independent auditor (who must be a chartered accountant) to examine the books of account and records of Recorded Music NZ to check that the amounts allocated or paid to you from time to time have been correctly calculated in accordance with the Distribution Policy and the provisions of this agreement. Recorded Music NZ will provide your auditor with reasonable access to Recorded Music NZ’s premises, and will make available all relevant books of account and records for inspection by your auditor, provided that your auditor first gives Recorded Music NZ a written and signed undertaking (...
ALLOCATION AND DISTRIBUTION. To the extent practicable and consistent with the principle that only actual Settlement Class Members should be paid, the distribution of the Net Settlement Amount will be made in accordance with the procedures to be set forth in this Settlement Agreement and the Plan of Allocation, subject to approval by the District Court. The Plan of Allocation, when approved by the District Court, shall govern distribution of the Net Settlement Amount.
ALLOCATION AND DISTRIBUTION. (a) Subject to the following provisions of this clause 7 and other terms of this Deed, the Trustee will determine the amount of each Distribution (whether capital or income). (b) Distributions may be made in cash or by the transfer of an Asset.
ALLOCATION AND DISTRIBUTION a. Local Agency shall agree to provide monthly distributions to LDAs in those counties approved for CSFP. Local Agency further agrees to market potential LDAs to increase the allowable caseload to the maximum number assigned. b. Local Agency shall strive to increase participation in CSFP when vacancies are available by conducting social marketing activities such as publishing announcements of times and locations of distribution. c. Local Agency shall distribute CSFP food packages to local agencies based on the assigned caseload, both adult and child, using the following categorical eligibility priority system: (1) Pregnant women, breastfeeding women and infants.. (2) Children ages 1 to 3. (3) Children ages 4 to 5. (4) Postpartum women.
ALLOCATION AND DISTRIBUTION. In no event will Purchaser or the Company have any responsibility or liability for any allocation or distribution of the Purchase Price or any amounts (if any) released from the SellersRepresentative Expense Account among Sellers or Sellers’ Representative by any Seller or Sellers’ Representative to any Seller, except to the extent Purchaser does not distribute the Purchase Price in accordance with the Allocation Schedule or wire transfer instructions provided pursuant to Section 8.1(b).
ALLOCATION AND DISTRIBUTION. 272. Allocation and Distribution of Net Earnings. PART X -AUDIT, RECORDS §273. Books - Auditing.
ALLOCATION AND DISTRIBUTION a. Each union will provide the Met with an allocation schedule. b. AGMA and Local 802 will have the right to review any information, calculation or other matter concerning the
ALLOCATION AND DISTRIBUTION. Cash Flow of the Partnership shall be determined for each calendar quarter of each Fiscal Year. Cash Flow as so determined shall be distributed in cash to the Partners and Assignees as follows and in the following order of priority: (i) FIRST: to the Partners and Assignees, pro rata, in accordance with their respective Percentage Interests, until the Limited Partners and Assignees collectively shall have received in the aggregate with respect to such Fiscal Year an amount of Cash Flow equal to the product of (x) twelve percent (12%) multiplied by (y) the outstanding balance of the Unrecovered Capital as of the first day of such Fiscal Year; (ii) SECOND: to the Partners and Assignees, pro rata, in accordance with their respective First-Tier Residual Interests, until the Limited Partners and Assignees collectively shall have received, in the aggregate pursuant to Section 6.5(a)(i) and this Section 6.5(a)(ii) with respect to such Fiscal Year, an amount of Cash Flow equal to the product of (x) seventeen and one-half percent (17 1/2%) multiplied by (y) the outstanding balance of the Unrecovered Capital as of the first day of such Fiscal Year; and (iii) THIRD: to the Partners and Assignees, pro rata, in accordance with their respective Second-Tier Residual Interests. Distributions of Cash Flow within the first ninety (90) days of a subsequent Fiscal Year designated by the Managing General Partner as made with respect to the last quarter of the immediately prior Fiscal Year shall be considered made with respect to such prior Fiscal Year for purposes of this Section 6.5(a).
ALLOCATION AND DISTRIBUTION a. Each union will provide the Met with an allocation schedule. b. AGMA and Local 802 will have the right to review any information, calculation or other matter concerning the Investment Return Bonus, including whether the conditions for payment of such bonus have been met. In the event of a dispute between the parties, the parties will jointly meet with ▇▇▇▇▇▇ ▇▇▇▇▇▇ or his successor in an attempt to reach a resolution. In the event the parties cannot reach a resolution, any party may submit such dispute to final and binding arbitration under the grievance procedure of their respective collective bargaining agreement.