4Payments Sample Clauses

4Payments. All payments and prepayments to be made with respect to principal, interest or otherwise on the Loans and other charges hereunder are due at 3:00 p.m., Delaware time. Borrower shall make all payments payable to each Lender hereunder, directly to such Lender, at such Lender’s account (which must be a U.S. account) designated by it to Borrower in writing, on the day when due, in lawful money of the United States of America, by wire transfer in funds immediately available at such payment office, or by electronic funds transfer received by such Lender on the day when due. In the event payment is inadvertently made to Agent, Agent shall promptly remit to each Lender to an account designated in writing by such Lender its share of all such payments received in collected funds by Agent for the account of such Lender. The Lender or any other holder of a Note is hereby authorized to endorse on such Note an appropriate notation evidencing each scheduled payment and each prepayment of principal and each payment of interest.

4Payments. Payment of any amounts due and owing under this Agreement shall be due and payable by ESCO on the dates specified for payment of Power and Gas Transactions in the ISDA Agreement and otherwise accomplished in accordance with the payment provisions of this Agreement.

4Payments. During the period of the Service Provider’s inability to perform the Services as a result of an event of Force Majeure, the LHIN shall continue to pay the Service Provider under the terms of this Agreement for any of the Services that it completes pursuant to this Agreement and in accordance with this Agreement and, except if the Force Majeure event is a strike, lockout or similar labour action, shall reimburse the Service Provider for additional costs that the LHIN agrees have been reasonably and necessarily incurred by the Service Provider during such period for the purpose of carrying out the Services. The LHIN shall not be obliged to meet the Required Market Share of the Service Provider or make Low Volume Payments in respect of the period of the Service Provider’s inability to carry out the Services, or part thereof, as a result of an event of Force Majeure.

4Payments. For purposes of Code Section 409A, the Executive’s right to receive any installment payments shall be treated as a right to receive a series of separate and distinct payments. Whenever a payment under this Agreement specifies a payment period with reference to a number of days (for example, “payment shall be made within thirty (30) days following the date of termination), the actual date of payment within the specified period shall be within the sole discretion of the Company. In no event may the Executive, directly or indirectly, designate the calendar year of any payment to be made under this Agreement, to the extent that such payment is subject to Code Section 409A.

4Payments. If the Borrower is required to make a deduction, withholding and/or payment in respect of Taxes, the Borrower will make that withholding and the payment required in connection with that withholding within the time allowed and in the minimum amount required by law. The Borrower will deliver to the Agent within 30 days of making payment, evidence reasonably satisfactory to the Agent and the relevant Finance Party that the deduction, withholding and/or payment has been made.

4Payments. The Agent may set up standards and procedures to determine or redetermine the equivalent in Dollars of any amount expressed in any currency other than Dollars and otherwise may, but shall not be obligated to, rely on any determination made by the Borrower. Any such determination or redetermination by the Agent shall be conclusive and binding for all purposes, absent manifest error. No determination or redetermination by any Lender or the Borrower and no other currency conversion shall change or release any obligation of the Borrower or of any Lender (other than the Agent and its Related Persons) under any Loan Document, each of which agrees to pay separately for any shortfall remaining after any conversion and payment of the amount as converted. The Agent may round up or down, and may set up appropriate mechanisms to round up or down, any amount hereunder to nearest higher or lower amounts and may determine reasonable de minimis payment thresholds.

4Payments. 3.4.1 The District shall pay GLSC a monthly fee of $8,000.00 (the "Monthly Fee"), which payment shall be due the first School Day of each calendar month during the term of this Agreement. It is understood that the Monthly Fees include rent for the Lease Premises, utilities for the School and the custodial services described herein. The Monthly Fees do not include any additional hard costs incurred by GLSC for required furnishings, equipment, facility enhancements, computer network upgrades or other costs associated with the School. Additional costs will be billed monthly and must be paid by the District to GLSC within ten days.

4Payments. The Audit Team shall disclose only whether the reports are correct or not, and the specific details concerning any discrepancies. No other information shall be shared. The cost of each audit shall be borne by the auditing Party unless an audit reveals an underpayment, if Century is the auditing Party, or overpayment, if BMS is the auditing Party, of more than the greater of [***] percent ([***]%) from the reported amounts or [***] Dollars ($[***]), in which case the audited Party shall bear the cost of such audit. Unless disputed pursuant to Section 7.10.5, if such audit concludes that (x) additional amounts were owed by one Party to the other Party, the owing Party shall pay the additional amounts (and, if such additional amounts are owed due to an error in an invoice or report provided by such owing Party, with interest thereon as provided in Section 7.8) or (y) excess payments were made by one Party to the other Party, the overpaid Party shall reimburse such excess payments (and, if such excess payments were made due to an error in an invoice or report provided by such overpaid Party, with interest thereon as provided in Section 7.8), in either case ((x) or (y)), within [***] after the date on which such audit is completed by the auditing Party.

4Payments. All payments by the Borrower or any other Loan Party Obligor hereunder and under any of the Loan Documents shall be made without setoff or counterclaim. Payments of any amounts due or payable to the Lenders, the other Secured Parties and other Persons under this Agreement shall be made in Dollars in immediately available funds prior to 1:00 p.m. New York City time on such date that any such payment is due or payable, at such bank or places as the Lenders shall from time to time designate in writing at least 5 Business Days prior to the date such payment is due. The Borrower and the other Loan Party Obligors shall pay all and any costs (administrative or otherwise) imposed by banks, clearing houses, or any other financial institution, in connection with making any payments under any of the Loan Documents. Section 2.5

4Payments. Provided that Tenant shall not be in an Event of Default at the time of any Requisition, Landlord shall pay each Requisition within thirty (30) days after receiving all the materials enumerated in Section 4.3 above. All Requisitions shall incorporate a retainage equal to the greater of (1) the retainage set forth in the construction contract or (2) five percent (5%) of the amount due under the construction contract. Any retainage amounts withheld from any Requisitions shall be paid by Landlord to Tenant at the same time Landlord disburses payment for the final Requisition.