On May 3, 2016, the Ontario Court of Appeal released its decision (the «Leave Decision») denying parties leave to appeal from Justice Newbould's decision which held that global proceeds of sale in the amount of US$ 7.3 billion (the «Lockbox Funds») should be distributed to the worldwide Nortel debtor
estates on a pro rata basis (the «Allocation Decision»).
In the event that the value of propositions received exceeds the ON RRP's capacity, awards are made at the rate at which the capacity was achieved (the stop - out rate), with all propositions below this rate awarded in full and all propositions equal to this rate
awarded on a pro rata basis.
On May 12, 2015, Justice Newbould of the Ontario Court and Judge Gross of the Bankruptcy Court for the District of Delaware simultaneously released separate consistent decisions directing that the Lockbox Funds be allocated to each Nortel
debtor on a pro rata basis by reference to the aggregate amount of proven claims against such Nortel debtor.
To the extent the rights of first refusal are not exercised, the holders of Preferred will have the right to participate in the proposed
transfer on a pro rata basis (as among the transferee and the holders of Preferred).
NHF plans to effect the separation through a spin - off in which it will distribute all of the outstanding shares of NXRT common stock to NHF's
shareholders on a pro rata basis.
Most people would love to work part time, but would all of those people want to receive their
salary on a pro rata basis, or do the other job of being a parent?
However, if you have other IRA assets funded with deductible contributions, only a portion of the amount you convert will escape taxes, since all conversions must be
done on a pro rata basis based on the total balance in all of your IRAs.
In the unlikely event that the annual budget for LRAP is insufficient to provide full benefits to all eligible graduates, the Associate Dean for Admissions and Financial Aid will allocate
funds on a pro rata basis first to graduates in Tier 1 employment and then to graduates in Tier 2 employment.
The rule stipulates that corporate tax losses are
forfeit on a pro rata basis if between 25 % and 50 % of the company's shares have been transferred to a new shareholder.
Triple Net: All costs of operation including, but not limited to, real estate taxes, insurance and common area maintenance are borne by the
tenant on a pro rata basis.
Net of Electric: A popular form of Modified Gross, this is like a Full Service lease, but the tenant pays for his or her electric charges either to the utility company (according to a meter) or to the
landlord on a pro rata basis.
If the Company does not exercise its right of first refusal, holders of Preferred will have a right of first refusal (
on a pro rata basis among holders of Preferred) with respect to the proposed transfer.
It shall apply to the Policy Account Value every
day on a pro rata basis and shall accrue at every financial year end.
-LSB-(Version 2, which is not quite as aggressive): If any holder of Series A Preferred Stock fails to participate in the next Qualified Financing, (as defined below),
on a pro rata basis (according to its total equity ownership immediately before such financing) of their Series A Preferred investment, then such holder will have the Series A Preferred Stock it owns converted into Common Stock of the Company.
The wave of redemptions then leads to forced selling of equity positions, either en masse or
on a pro rata basis, which then triggers tax issues (hopefully gains but sometimes not).
If not all warrants are exercised, those warrant holders who exercise all of their warrants will be able to purchase additional common shares at the exercise price ($ 53)
on a pro rata basis.
Any remaining unitholders of the ETF as at the Termination Date will receive the net proceeds from the liquidation of the assets, less all liabilities and all expenses incurred in connection with the dissolution of the ETF,
on a pro rata basis.
However, it is unclear what that owner could recover against the other three as there is no authority that, for example, the recovery would be
on a pro rata basis.
In the first subcategory, if there are changes that are required by some but not all of the vendor's customers and that do not fit within the category of changes that the vendor is required to implement without charge to the customer, one way of allocating financial responsibility would be for the customer to be responsible for the charge, but
on a pro rata basis.
In such cases, some of the best travel insurance plans in the market provide a partial refund or a refund
on a pro rata basis, provided no claims have been made and the policy lies within the validity date.