Amendment Payment. Wyeth shall pay to EPDS Two Million Five Hundred Thousand Dollars ($2,500,000.00) within thirty (30) days after the effective date set forth below, which payment shall be non-refundable and non-creditable.
Amendment Payment. Counterparty shall pay (or cause to be paid) to Dealer an amount equal to USD 34,003,762 on or prior to November 29, 2016 (or, if later, the Amendment Effective Date (determined without taking into account the requirement to make such payment for this purpose)).
Amendment Payment. The Issuer agrees, if the Closing under the New Purchase Agreement occurs, to make an additional cash payment (the "Amendment Payment") on the Old Notes currently held by the Holders party hereto on a pro rata basis to the Holders thereof at Maturity in an aggregate amount equal to (i) $3,700,000 (such amount to be reduced by a percentage equal to the percentage of the aggregate principal amount of outstanding Old Notes held on the date hereof by Holders who are not parties to this Amendment) if the Maturity date is the Stated Maturity Date or (ii) if the Maturity date is earlier than the Stated Maturity Date, the present value of $3,700,000 (such amount to be reduced by a percentage equal to the percentage of the aggregate principal amount of outstanding Old Notes held on the date hereof by Holders who are not parties to this Amendment) on such Maturity date, discounted from the Stated Maturity Date using a rate of 16%, compounded quarterly. For purposes of the immediately preceding sentence, "Maturity" shall include with respect to any Old Note any issuance by the Issuer or any of its Subsidiaries of equity securities in exchange for such Old Note. Each Old Note held by a Holder party hereto will, following the Closing under the New Purchase Agreement, also represent the Issuer’s pro rata obligation with respect to the Amendment Payment. Promptly following the Closing under the New Purchase Agreement, each Old Note held by a Holder party hereto will be replaced by a replacement Old Note so reflecting. The Amendment Payment will be subordinated Indebtedness of the Issuer and the Guarantors, subject to all provisions of the Original Agreement to the same extent as the Old Notes, except as follows:
(a) for the avoidance of doubt, the amount of any Amendment Payment shall not be considered outstanding principal under the Original Agreement prior to Maturity except for purposes of Sections 2.1.2, 2.2(b), 2.2(c) and 2.5 thereof (each as described below);
(b) for the avoidance of doubt, the Amendment Payment will not accrue interest pursuant to the Original Agreement, except during the occurrence of an event described in Section 2.1.2 thereof, at which time the Amendment Payment will accrue interest at the Post-Default Rate then applicable to the Old Notes, as set forth in Section 2.1 of the Original Agreement; and
(c) any principal payments pursuant to Section 2.2(b) or (c) or Section 2.5 of the Original Agreement shall be applied first to the payment of the p...
Amendment Payment. In consideration of the amendment of the Transaction, Issuer agrees to pay to CS on the Payment Date an amount in USD (the “Amendment Payment”). Applicable Number of Warrants: 328,820 Amendment Payment Amount: USD 100,719,583.64 Payment Date: November 21, 2014
Amendment Payment. The Issuer shall have paid an amount to the Holders equal to 2.00% of the aggregate principal amount of the Securities outstanding as of the Second Supplemental Indenture Effective Date.
Amendment Payment. Within thirty (30) days from the First Amendment Effective Date, Licensee shall pay to RVL the following nonrefundable, noncreditable amounts:
a. An amount equal to $5,500,000 to expand the Territory as set forth in Section 5 (Territory Amendments);
b. An amount equal to $3,500,000 for deletion of the milestone payment due under the Original Agreement following receipt of the first Regulatory Approval for a Licensed Product by any of the EMA, a Regulatory Authority of a member of the European Union, or a Regulatory Authority of any country identified as “Other European Countries” on Schedule 1.108 in the Original Agreement;
c. An amount equal to $3,500,000 for deletion of the milestone payment due under the Original Agreement following receipt of the first Regulatory Approval by the MHLW for a Licensed Product in Japan; and
d. An amount equal to $3,000,000 for deletion of the milestone payment due under the Original Agreement following receipt of the first Regulatory Approval by the NMPA for a Licensed Product in the People’s Republic of China (the amounts set forth in the foregoing clauses (a) through (d), collectively, the “Amendment Payments”). For clarity, other than the Amendment Payments to be paid as set forth above in this Section 3, Licensee will not owe to RVL any payments due upon receipt of Regulatory Approval for a Licensed Product by any of the EMA, a Regulatory Authority of a member of the European Union, a Regulatory Authority of any country identified as “Other European Countries” on Schedule 1.108 in the Original Agreement, MHLW, or the NMPA.
Amendment Payment. In consideration for the amendments, waivers and other agreements consented to by the Lenders herein, Company, Singapore Borrower and all other Loan Parties agree that, as of the Effective Date, an amount equal to (i) the product of (x) 1.5%, multiplied by (y) the aggregate principal amount of all Term Loans outstanding as of the Effective Date, will be paid in kind by Singapore Borrower and capitalized and added to the outstanding principal amount of all Term A Loans and Term B Loans held by the Lenders party hereto as of such date, on a pro rata basis among all such Term Loans then outstanding (the “PIK Amendment Payment”). For the avoidance of doubt, the parties hereto agree that the Lenders party hereto are entitled to the benefit of Section 3.01 of the Credit Agreement with respect to the PIK Amendment Payment, and any withholding taxes associated with the PIK Amendment Payment will be deemed “Indemnified Taxes.”
Amendment Payment. Before December 31, 2002, in consideration for valuable employment services rendered by Executive and Executive’s execution of this Amendment, the Company shall pay to Executive the sum of $440,000 (the “Amendment Payment”). The Amendment Payment shall not be considered in determining any bonus under Section 4.3. In the event a Change of Control Payment is made under Section 7.5.2 or Severance Pay is paid under Section 7.2.1, the amount of the Change of Control Payment under Section 7.5.2 or the Severance Pay under Section 7.2.1, as applicable, will be reduced by the amount of the Amendment Payment.
6. New Section 7.5.6 of the Amended and Restated Agreement is added as follows:
Amendment Payment. GSK shall pay to Anacor a non-refundable, non-creditable payment of Five Million Dollars ($5,000,000) within ten (10) days after receipt of an invoice from Anacor, which invoice may be issued no earlier than the Amendment Effective Date.