Adjustment to Test Fee Schedule Sample Clauses

Adjustment to Test Fee Schedule. Illumina shall have the right to adjust the Test Fee Schedule […***…] on a market segment (including geographic or product segment) basis to reflect such market changes, upon written notice to and consent of Sequenom. Upon receipt of such notice […***…], Sequenom shall consider in good faith whether or not to consent, such consent not to be unreasonably withheld, delayed or conditioned. As promptly as practicable, […***…], Sequenom shall notify Illumina of its decision to consent or to withhold consent and its reasons therefor. If Sequenom has not responded in writing within the specified time, then it shall be deemed to have consented and Illumina may proceed with such reduced Test Fee structure for that market segment. In the event of a dispute between the Parties regarding adjustment of amounts in this clause (1), the procedures set forth on Schedule 2 shall govern the resolution of such Dispute.
Sample 1Sample 2Sample 3See All (5)
AutoNDA by SimpleDocs

Related to Adjustment to Test Fee Schedule

  • Fee Schedule For the performance by the Transfer Agent pursuant to this Agreement, the Fund agrees to pay the Transfer Agent an annual maintenance fee for each Shareholder account as set forth in the attached fee schedule (“Schedule 5.1”). Such fees and out-of-pocket expenses and advances identified under Section 5.2 below may be changed from time to time subject to mutual written agreement between the Fund and the Transfer Agent.

  • SERVICE LEVEL DESCRIPTION The Fund Accounting Agreement is hereby amended by deleting the Service Level Description attached thereto and replacing it in its entirety with the Service Level Description attached hereto.

  • Adjustment, etc Any adjustment, indulgence, forbearance or compromise that might be granted or given by any of the Lenders to Borrower or Guarantor or any Person liable on the Liabilities;

  • Payment Schedule All payments under this paragraph 7 shall be made to Employee at the same interval as payments of salary were made to Employee immediately prior to termination.

  • ADJUSTMENT OF CONTRACT PRICE The Contract Price shall be subject to adjustment, as hereinafter set forth, in the event of the following contingencies (it being understood by both parties that any reduction of the Contract Price is by way of liquidated damages and not by way of penalty):

  • Service Level Agreement Subject to the terms and conditions of this Agreement, Bank agrees to perform the custody services provided for under this Agreement in a manner that meets or exceeds any service levels as may be agreed upon by the parties from time to time in a written document that is executed by both parties on or after the date of this Agreement, unless that written document specifically states that it is not contractually binding. For the avoidance of doubt, Bank’s Service Directory shall not be deemed to be such a written document.

  • Pricing Schedule The Applicable Margin with respect to Commitment Fees and Advances (including, if applicable, Swingline Advances) shall be determined in accordance with the following Table based on the US Borrower’s Leverage Ratio as reflected in the Compliance Certificate delivered in connection with the financial statements most recently delivered pursuant to Section 5.2. Adjustments, if any, to such Applicable Margin shall be effective on the date the US Administrative Agent receives the applicable financial statements and corresponding Compliance Certificate as required by the terms of this Agreement. If the US Borrower fails to deliver the financial statements and corresponding Compliance Certificate to the US Administrative Agent at the time required pursuant to Section 5.2, then effective as of the date such financial statements and Compliance Certificate were required to be delivered pursuant to Section 5.2, the Applicable Xxxxxx with respect to Commitment Fees and Advances shall be determined at Level VI and shall remain at such level until the date such financial statements and corresponding Compliance Certificate are so delivered by the US Borrower. Initial pricing will be set at the level based on the US Borrower’s actual Leverage Ratio based on the pro forma compliance certificate delivered on the Closing Date (which is expected to be at Level III until the delivery of the compliance certificate and accompanying financial statements for the fiscal quarter ending September 30, 2014). Notwithstanding anything to the contrary contained herein, the determination of the Applicable Margin for any period shall be subject to the provisions of Section 2.10(f). For the voidance of doubt, the levels on the pricing grid set forth below are set forth from lowest (Level I) to the highest (Level VI). Leverage Ratio LIBOR or B/A Margin Base Rate or Canadian Prime Rate Margin Commitment Fee Level I <1.00x 175.0 bps 75.0 bps 37.5 bps Level II >1.00x; <1.50x 200.0 bps 100.0 bps 37.5 bps Level III >1.50x; <2.00x 225.0 bps 125.0 bps 50.0 bps Level IV >2.00x; <2.50x 250.0 bps 150.0 bps 50.0 bps Level V >2.50x; <3.00x 275.0 bps 175.0 bps 50.0 bps Level VI >3.00x 300.0 bps 200.0 bps 50.0 bps Schedule I-1 SCHEDULE II COMMITMENTS, CONTACT INFORMATION US ADMINISTRATIVE AGENT, US ISSUING BANK AND US LENDER, Notices: Principal/Interest/Fees HSBC Bank USA NA Corporate Trust & Loan Agency 0 Xxxx 00xx Xxxxxx, 0xx Xxxxx Xxx Xxxx, XX 00000 Attn: Agency Services Phone: 0-000-000-0000 Fax: 0-000-000-0000 Email: XXXXXX.XxxxXxxxxx@xx.xxxx.xxx Documentation Contact: HSBC Bank USA NA Corporate Trust & Loan Agency 0 Xxxx 00xx Xxxxxx, 0xx Xxxxx Xxx Xxxx, XX 00000 Attn: Transaction Management Phone: 0-000-000-0000 Fax: 0-000-000-0000 Email: XXXXXX.XxxxxxxxxxxXxxxxxxxxx@xx.xxxx.xxx CANADIAN ADMINISTRATIVE AGENT, CANADIAN ISSUING LENDER AND CANADIAN LENDER Credit Contact: HSBC Bank Canada 000 - 0xx Xxxxxx X.X. Xxxxxxx, Xxxxxxx X0X 0XX Xxxxxx Attn: Xxxxxxxx Xxxxx, Sr. Account Manager, Commercial Banking - Energy Phone: 0-000-000-0000 Fax: 0-000-000-0000 Email: Xxxxxxxx_xxxxx@xxxx.xx Administration Contact: HSBC Bank Canada 00xx Xxxxx, 00 Xxxx Xxxxxx Xxxxxxx, Xxxxxxx X0X 0X0 Xxxxxx Attn: Xxxxxx Xxxxxxxx, Agency Administrator Phone: 0-000-000-0000 Fax: 0-000-000-0000 Email: xxxxxxxxxxx0@xxxx.xx SYNDICATION AGENT, US SWINGLINE LENDER AND US LENDER Credit Contact: Xxxxx Fargo Bank, N.A. 0000 Xxxxxxxxx Xx., 0xx Xxxxx Xxxxxxx, Xxxxx 00000 Attn: Xxxx Xxxxxxxx Phone: 0-000-000-0000 Fax: 0-000-000-0000 Email: xxxxxxxx@xxxxxxxxxx.xxx Administration Contact: Xxxxx Fargo Bank, N.A. 0000 Xxxxxxxxx Xx., 0xx Xxxxx Xxxxxxx, Xxxxx 00000 Attn: Xxxxx Xxxx Phone: 0-000-000-0000 Fax: 0-000-000-0000 Email: xxxxx@xxxxxxxxxx.xxx CREDIT PARTIES Borrowers/Guarantors Address: c/o Nine Energy Service, Inc. Greenspoint Plaza 4 00000 Xxxxxxxxxx Xxxxx, Xxxxx 0000 Xxxxxxx, Xxxxx 00000 Attn: Xxx Xxx Fax: 000-000-0000 Schedule II-1 LENDERS TERM COMMITMENT REVOLVING COMMITMENT HSBC Bank Canada $ 1,250,000.00 $ 30,000,000 (Canadian) HSBC Bank USA, N.A. $ 8,981,481.48 $ 22,268,518.52 Xxxxx Fargo Bank, National Association $ 19,675,925.93 $ 42,824,074.07 Amegy Bank, N.A. $ 12,592,592.59 $ 27,407,407.41 JPMorgan Chase Bank, N.A. $ 12,592,592.59 $ 27,407,407.41 Bank of America, N.A. $ 12,592,592.59 $ 27,407,407.41 IberiaBank $ 6,296,296.30 $ 13,703,703.70 The Bank of Nova Scotia $ 6,296,296.30 $ 13,703,703.70 Regions Bank $ 4,722,222.22 $ 10,277,777.78 TOTAL: $ 85,000,000 $ 215,000,000 SCHEDULE 4.1 ORGANIZATIONAL INFORMATION US Credit Parties # Entity Name Type of Organization State of Formation 1. Nine Energy Service, Inc. Corporation Delaware

  • Fixed Fee Regardless of asset size, each Fund shall pay an annual fee to the Administrator in the amount of $17,500. If during the Contract Period a Fund either joins the Agreement pursuant to Section 9(d) or terminates pursuant to Section 8, a pro rata fixed fee will be charged for the portion of the calendar year that the Fund is a party to this Agreement.

  • Contract Schedule The information set forth in the Contract Schedule is true and correct.

  • Delivery Schedule The scheduled months of delivery of the Aircraft are listed in the attached Table 1. Exhibit B describes certain responsibilities for both Customer and Boeing in order to accomplish the delivery of the Aircraft.

Time is Money Join Law Insider Premium to draft better contracts faster.