Subsequent Distributions Clause Samples
The "Subsequent Distributions" clause defines how additional payments or distributions of funds will be handled after an initial distribution has occurred. Typically, this clause outlines the timing, method, and order of any further distributions to parties, such as shareholders or partners, often specifying that these will be made in accordance with previously agreed priorities or proportions. Its core practical function is to ensure transparency and fairness in the allocation of future funds, preventing disputes by clearly setting out the process for handling subsequent payments.
Subsequent Distributions. If the Escrow Agent is required to retain any portion of the Holdback Cash or Holdback Units after the Release Date in accordance with Section 1.10 e. above, then the duration of the Escrow shall be extended and, from time to time, upon receipt of Joint Instructions or a Final Award with respect to any Purchaser Claims that were not resolved on or prior to the Release Date, the Escrow Agent shall distribute to Purchaser such portion of the Holdback Cash and Holdback Units, if any, that is necessary to satisfy the Purchaser Claims in accordance with such Joint Instructions or Final Award, and thereafter distribute any remaining Holdback Cash and Holdback Units to the Shareholder Representative.
Subsequent Distributions. If, after the expiration date of the checks distributed pursuant to Section XI.2 above, there remains money in the Settlement Fund sufficient to pay for the cost to send subsequent checks to each Settlement Class Member who cashed his or her initial Settlement Award check, such remaining monies will be distributed on a pro rata basis to those Settlement Class Members who cashed his or her initial Settlement Award check (the “Subsequent Distribution”). The Subsequent Distribution shall be made within ninety (90) days after the expiration date of the checks distributed pursuant to Section XI.2 above, and shall be paid in the same manner as the original Settlement Award. Checks issued pursuant to the Subsequent Distribution will be valid for one-hundred twenty (120) days from the date on the check. This process shall be repeated to the extent feasible and practical in light of the costs of administering such subsequent payments based on the judgment of Class Counsel and counsel for Walmart, unless other specific reasons exist that would make such further distribution impossible or unfair. In the event the costs of preparing, transmitting and administering such subsequent payments are not feasible and practical to make individual distributions or other specific reasons exist that would make such further distributions impossible or unfair, Class Counsel and counsel for Walmart shall file recommendations with the Court for distribution of the residual funds. The Court shall have the discretion to approve, deny, amend or modify, in whole or in part, the proposed recommendations for distribution of the residual funds. The Parties agree that any residual funds shall not be used for any litigation purpose or to disparage any Party. The Parties further agree that the Court’s approval, denial, amendment, or modification, in whole or in part, of the recommendations for distribution of the residual funds pursuant to this paragraph shall not constitute grounds for termination of the Settlement pursuant to this Agreement. All costs associated with the disposition of residual funds – whether through additional distributions to Claimants and/or through an alternative plan approved by the Court – shall be borne solely by the Settlement Fund. Under no circumstances shall Walmart be responsible for any costs associated with the disposition of residual funds, whether through additional distributions to Claimants or through an alternative plan approved by the Court.
Subsequent Distributions. (a) WDC shall (i) be entitled to retain the Retained Stock until the time of a Subsequent Distribution, and (ii) dispose of the Retained Stock pursuant to one or more Subsequent Distributions within twelve (12) months of the Distribution Date. WDC shall, in its sole and absolute discretion, determine whether to effectuate a Subsequent Distribution through one or more Clean-Up Distributions, Debt Exchanges or combination thereof.
(b) To the extent WDC determines to effectuate a Subsequent Distribution as a Debt Exchange, such Debt Exchange shall be effected by means of an intermediated exchange with the Debt Exchange Parties based on arm’s-length terms and conditions, which terms and conditions shall allocate to the Debt Exchange Parties any risk of loss with respect to any Exchange Debt subject to such Debt Exchange and the Retained Stock transferred to any such Debt Exchange Parties pursuant to such Debt Exchange. All profit gained by any Debt Exchange Party shall solely be for such Debt Exchange Party’s account and no such profit shall inure to the benefit of WDC, Spinco or their respective Affiliates.
(c) Spinco shall cooperate with WDC in all respects to accomplish any Subsequent Distribution and shall, at WDC’s direction, promptly take any and all reasonable actions necessary or desirable to effect any Subsequent Distribution, including the registration under the Securities Act of the offering of the Retained Stock on an appropriate registration form or forms to be designated by WDC and the filing of any necessary documents pursuant to the Exchange Act and the prompt provision of such financial and other information that may be requested by WDC pursuant to Section 5 of this Agreement.
(d) WDC shall manage the negotiations in connection with any Subsequent Distribution and shall select any investment bank(s), manager(s), underwriter(s) or dealer-manager(s) in connection with any Subsequent Distribution, as well as any financial printer, solicitation and/or exchange agent and financial, legal, accounting, tax and other advisors and service providers in connection with any Subsequent Distribution. Spinco and WDC, as the case may be, shall provide to the exchange or distribution agent all share certificates (to the extent certificated) or book-entry authorizations (to the extent not certificated) and Spinco shall provide to WDC and the exchange or distribution agent (as directed by WDC) any information required in order to complete any Subsequent Distribu...
Subsequent Distributions. On each Subsequent Distribution Date, after application of Section 2.2 and after reserving for any Proposed Reallocation pursuant to Section 2.1(d) that has not yet been finally approved or rejected, all Plan Consideration in the General Account shall be distributed to the holders of Allowed Claims against ACC or transferred to the ACC Disputed Claims Reserves as provided in the Plan. The Plan Administrator shall make additional distributions from the appropriate account or Reserve to holders of Allowed Claims on any Subsequent Distribution Date when and as required under the Plan and this Agreement.
Subsequent Distributions. If at any time (whether before or after termination of the Partnership) any of the funds placed in reserve(s)under this Article are released because, in the opinion of the Liquidating Manager, the need for the reserve(s) has ended, the funds will be distributed in accordance with this Article.
Subsequent Distributions. The result of a full-time equivalent (FTE) student membership surveys in October and February will be used to adjust the amount of funds distributed monthly to the School.
Subsequent Distributions. Any amount of the Escrow Fund and any shares of Escrow Shares that remain in escrow following the Distribution Date shall be disbursed, respectively, to the Disbursement Accounts and to the Accredited Class B Shareholders as soon thereafter as all Claims are resolved and any transfers due to any Apple South Indemnitees as a result of such resolution have been made.
Subsequent Distributions. Any per capita dis- tribution of tribal revenues of the Band made after the date of enactment of this Act [Oct. 30, 1998] shall be made to all members of the Band in equal amounts.’’ Any member of the Agua Caliente Band (here- inafter called the ‘‘band’’) who is living on Sep- tember 21, 1959, and who has not received an al- lotment of land shall be given an allotment in accordance with the provisions of law existing prior to this Act. No further allotments of land shall thereafter be made to any other or future born members of the band, or to their heirs or devisees, except for the purpose of equalization. This prohibition against further allotments shall not be construed as a closing of the band’s membership rolls. (Pub. L. 86–339, § 2, Sept. 21, 1959, 73 Stat. 602.) REFERENCES IN TEXT The words ‘‘prior to this Act’’, referred to in text, mean prior to enactment of Act Sept. 21, 1959, Pub. L. 86–339.
(a) Determination of value of unallotted and al- lotted lands; exclusion of deceased allottees’ allotments
(b) Lands not subject to allotment
(c) Equalization for living members by allotment without regard to acreage limitations; cre- ation of right by selection and approval; al- lotments made subject to laws and regula- tions
Subsequent Distributions. The results of full-time equivalent student membership surveys will be used in adjusting the amount of funds distributed monthly to the School.
Subsequent Distributions. Subsequent distributions may be made from time to time in the sole discretion of Creditor Trustee (upon consultation with the Advisory Committee).