We use cookies on our site to analyze traffic, enhance your experience, and provide you with tailored content.

For more information visit our privacy policy.

Assessment Amount Sample Clauses

Assessment Amount. The assessment amount shall be five (5) percent for common benefit attorneys’ fees and one (1) percent for costs. The assessment amount represents a hold back (In re Zyprexa Prods. Liab. Litig., 467 F.Supp.2d 256, 266 (2d. Cir. 2006)) and, with respect to Participating Counsel only, shall not be increased or altered in any way unless each of the following occurs: (1) significant common benefit work beyond the amount designated for the assessment has been completed, including the conclusion of an MDL or authorized state court trials; (2) the PSC approves the proposed change to assessment by a majority vote; and (3) noticed motion with an opportunity to be heard is granted by the Court.
Sample 1Sample 2
Assessment Amount. The City agrees that it will only certify/levy the Assessment Amount against the Property if the Owner does not pay the Assessment Amount when due and then, only up to the Assessment Amount for the Improvements pursuant to this Agreement.
Sample 1Sample 2
Assessment Amount. The Assessment Amount is the total value of the Improvements in the amount of $5,556.00, plus 2024 accrued interest of $275.97 if unpaid before the end of 2024, for a total Assessment Amount of $5,831.97. The Assessment Amount is equal to or exceeds the estimated special benefit of the Improvements to the Property.
Sample 1
Assessment Amount. The total project cost will vary depending on the number of participants in the Voluntary Assessment Program, the exact number of which is not known as of this time. The Seawall project costs will be paid with annual assessments over a fifteen (15) year period and are estimated and set as provided in Section 11.
Sample 1
Assessment Amount. As the size and complexity of this matter has yet to be determined, Plaintiffs’ Executive Committee will make a motion with the court, at a later time, for a determination of the assessment amount for both attorneys’ fees and expenses. The assessment shall represent a holdback ( See In re Zyprexa Prods. Liab. Litig., 267 F.Supp.2d 256 (E.D.N.Y. 2006)). By entering this Participation Agreement, the undersigned understands and avers to not move, join, or otherwise support a motion that seeks a common benefit fee assessment in excess of the Plaintiffs’ Executive Committee suggested amount, nor a motion that seeks common benefit costs in excess of the Plaintiffs’ Executive Committee suggested amount, unless it should become apparent that costs and expenses in excess of the Plaintiffs’ Executive Committee suggested amount, is required to reasonably and adequately advance the litigation. However, to obtain the benefit of this assessment amount, all plaintiffs’ counsel with a case pending in this MDL or in any state court shall execute this Participation Agreement within 45 days of the entry of the Common Benefit Order. Any plaintiffs’ attorney who does not yet have an Atrium Medical case filed in any state or federal court shall execute this Participation Agreement (a) within 45 days of the date their first case is filed in or otherwise docketed in this Court via transfer or removal, or (b) within 45 days of the date their first case is filed in any state court. Failure to execute the Participation Agreement within these time frames may result in an increased assessment as determined by Plaintiffs’ Executive Committee.
Sample 1
Assessment Amount. 10. Co-Lead Counsel are unable to estimate the assessment amount at this time given the stage of the litigation. Co-Lead Counsel, in consultation with PEC and all signors to this agreement, shall recommend an assessment amount to the Court at a later date when there is a full understanding of the amount of work and cost necessary to create the Common Benefit Work Product. 11. The proposed assessment amounts are subject to the right of Co-Lead Counsel or their PEC designee(s) to request reallocation of the total assessment between fees and expenses at the time the application for disbursement is made or for modifications of the assessment for good cause shown. 12. This assessment represents a hold back pursuant to In re Zyprexa Prods. Liab.
Sample 1
Assessment Amount. 15 The assessment amount shall be ten (10) percent of the Gross Monetary Recovery 16 in each case, with eight (8) percent for common-benefit attorneys’ fees and two (2) percent 17 for common-benefit expenses. This amount represents a “holdback.” See, e.g., In re 18 Zyprexa Prods. Liab. Litig., 467 F.Supp.2d 256, 266-67 (E.D.N.Y. 2006). By entering this 19 Participation Agreement, the undersigned understands and avers to not move, join, or 20 otherwise support a motion that seeks a common-benefit fee assessment in excess of 8%, 21 nor a motion that seeks common-benefit expenses in excess of 2%, unless it should 22 become apparent that fees in excess of 8% or expenses in excess of 2% are required to 23 reasonably and adequately advance the litigation.
Sample 1
Assessment Amount. The portion of the total project cost that Xxxxxxx will pay is agreed upon at a not to exceed amount of $831,613.00. This amount includes a portion of project costs and County debt issuance and financing costs such as interest, plus Tax Collector fees. This amount does not include any Assessment early payment discounts, as provided for by Florida Statutes. The Assessment amounts provided herein are those attributable to Hammock, and adjacent benefiting properties, for Dune on the Property and the role it plays interconnected with the Dune the County is constructing on other coastal properties within the County; Hammock will pay the costs with an initial non-assessment payment of $132,002.00 directly to the Board of County Commissioners for the Dune construction within LRA property, upon (i) creation and adoption of the Assessment district but in no case later than April 1, 2018, and thereafter, pay in five equal annual Assessments of $140,428.00 for five years prior to January 1 of each of the following years. The Assessment amount that LRA is responsible for paying set forth in this Section 8.c. is subject to reduction and the sharing of payment by other benefiting property owners as contemplated in Sections 8.e., 8.d., 8.f.
Sample 1
Assessment Amount 
Sample 1Sample 2Sample 3

Related to Assessment Amount

  • Payment Amount Payment for the Services shall be as follows: (choose one) ☐ - $______________________ for the Services (“Payment”). ☐ - At an hourly rate of $____ per hour (“Payment”). ☐ - Other. ______________________________________________ (“Payment”) If the Subcontractor asserts a claim which involves, in whole or in part, acts or omissions which are the responsibility of the Client or another person for whom a claim may be submitted, including but not limited to, claims for failure to pay, an extension of time, impacts, delay damages, or extra work, the Contractor shall present the Subcontractor's claim to the Client or other responsible party provided the Subcontractor presents to Contractor competent supporting evidence and in sufficient time for the Contractor to do so. The Subcontractor shall cooperate fully with the Contractor in any and all steps the Contractor takes in connection with prosecuting such a claim and shall hold harmless and reimburse the Contractor for all expenses, including legal expenses, incurred by the Contractor which arise out of the Contractor's submission of the Subcontractor's claims to the Client or other responsible party(ies). The Subcontractor shall be bound by any adjudication or award in any action or proceeding resolving such a claim.

  • Settlement Amount If the Non-Defaulting Party has declared an Early Termination Date pursuant to Section 7.2(b), the Non-Defaulting Party shall have the right to (i) accelerate all amounts owing between the Defaulting Party and the Non-Defaulting Party and to liquidate and terminate the undertakings set forth in this Agreement as between the Defaulting Party and the Non-Defaulting Party; and (ii) withhold any payments due to the Defaulting Party under this Agreement pending payment of the Termination Payment. The Non-Defaulting Party will calculate, in a commercially reasonable manner, the Settlement Amount with respect to the Defaulting Party’s obligations under the Agreement and shall net the Settlement Amount in the manner provided for in Section 7.3(c).

  • Minimum Interest Charge If the interest charge for all balances on your Credit Card account is less than $1.00, we will charge you the Minimum Interest Charge shown on page 1. This charge is in lieu of any interest charge.

  • Payment Amounts The aggregate Payments to be made in a fiscal year shall not exceed an amount equal to the corresponding Appropriated Amount (for example, for the Payments due on December 1, 2026 and on June 1, 2027, the aggregate maximum amount of such Payments would be determined by the Appropriated Amount determined for certification by December 1, 2025). Furthermore, the amount of each such Payment shall not exceed the Annual Percentage of Incremental Property Tax Revenues (excluding allocations of “back-fill” or “make-up” payments from the State of Iowa for property tax credits or roll-back) actually received by the City from the Marshall County Treasurer attributable to the taxable incremental valuation of the Property in the six (6) months immediately preceding such Payment due date.

  • Adjustment Amount (a) Schedule 2.16 sets forth a sample calculation of the Adjustment Amount and the Target Adjustment Amount as of the Balance Sheet Date (the “Sample Closing Statement”), including the asset, liability and other line items and accounting principles used in such calculation, and assuming that all of such asset and liability line items that constitute Mallinckrodt Assets or Mallinckrodt Liabilities under this Agreement will be transferred to Mallinckrodt as of the Distribution. (b) Within sixty (60) days after the Distribution Date, Mallinckrodt shall cause to be prepared and delivered to Covidien a statement (the “Closing Statement”) setting forth (i) the Adjustment Amount and the calculation of the Adjustment Amount and (ii) the Target Adjustment Amount and the calculation of the Target Adjustment Amount. The Closing Statement shall be prepared in accordance with the Transaction Accounting Principles, including the use of the same line items and line item entries, set forth on and used in the preparation of the Sample Closing Statement; provided, however, that assets newly acquired and liabilities newly incurred following the date of the Sample Closing Statement which cannot be appropriately placed in line items previously used by Mallinckrodt, but that constitute Mallinckrodt Assets or Mallinckrodt Liabilities, will also be included to the extent consistent with the Transaction Accounting Principles. (c) Within thirty (30) days following receipt by Covidien of the Closing Statement, Covidien shall deliver written notice to Mallinckrodt of any dispute Covidien has with respect to the preparation or content of the Closing Statement (the “Dispute Notice”); provided, however, that if Covidien does not deliver any Dispute Notice to Mallinckrodt within such thirty (30)-day period, the Closing Statement will be final, conclusive and binding on the Parties. Any Dispute Notice shall (i) set forth in reasonable detail the basis for any dispute included therein, the amounts involved and Covidien’s determination of the Adjustment Amount and/or the Target Adjustment Amount (as applicable) and (ii) include only disagreements based on the Adjustment Amount and/or the Target Adjustment Amount (as applicable) not being calculated properly in accordance with this Agreement or containing mathematical errors. Upon receipt by Mallinckrodt of a Dispute Notice, Mallinckrodt and Covidien shall negotiate in good faith to resolve any dispute set forth therein. If Mallinckrodt and Covidien, such good faith effort notwithstanding, fail to resolve any such dispute within fifteen (15) Business Days following receipt by Mallinckrodt of the Dispute Notice (the “Dispute Resolution Period”), then Mallinckrodt and Covidien jointly shall engage, within ten (10) Business Days following the expiration of the Dispute Resolution Period, Ernst & Young LLP or, if Ernst & Young LLP is unavailable or conflicted, another nationally recognized major accounting firm selected jointly by Covidien and Mallinckrodt (the “Independent Accounting Firm”) to resolve any such dispute. If Ernst & Young LLP is unavailable or conflicted and Covidien and Mallinckrodt are unable to agree on the Independent Accounting Firm, then each of Covidien and Mallinckrodt shall select a nationally recognized major accounting firm, and the two (2) firms will mutually select a third nationally recognized major accounting firm to serve as the Independent Accounting Firm. As promptly as practicable, and in any event not more than fifteen (15) days following the engagement of the Independent Accounting Firm, Mallinckrodt and Covidien shall each prepare and submit a presentation detailing each Party’s complete statement of proposed resolution of each issue still in dispute to the Independent Accounting Firm. Mallinckrodt and Covidien shall cause the Independent Accounting Firm to, as soon as practicable after the submission of the presentations described in the immediately preceding sentence and in any event not more than thirty (30) days following such presentations, make a final determination, binding on the Parties, of the appropriate amount of each of the line items that remain in dispute as indicated in the Dispute Notice. With respect to each disputed line item, such determination, if not in accordance with the position of either Covidien or Mallinckrodt, shall not be in excess of the higher, nor less than the lower, of the amounts set forth by Mallinckrodt in the Closing Statement or by Covidien in the Dispute Notice, as applicable. Notwithstanding the foregoing, the scope of the disputes to be resolved by the Independent Accounting Firm shall be limited to whether any determination of the Adjustment Amount and/or the Target Adjustment Amount (as applicable) was properly calculated in accordance with the Transaction Accounting Principles, and the Independent Accounting Firm is not to make any other determination, including any determination as to whether GAAP was followed, to the extent GAAP is inconsistent with the Transaction Accounting Principles. All fees and expenses relating to the work, if any, to be performed by the Independent Accounting Firm shall be borne equally by Covidien and Mallinckrodt. All determinations made by the Independent Accounting Firm, and the Closing Statement, as modified by the Independent Accounting Firm, will be final, conclusive and binding on the Parties, absent fraud or manifest error. (d) For purposes of complying with the terms set forth in this Section 2.16, Mallinckrodt and Covidien shall cooperate with and make available to each other and their respective Representatives all information, records, data and working papers, in each case, to the extent related to the Mallinckrodt Assets, Mallinckrodt Liabilities or Mallinckrodt Business, and shall permit access to its facilities and personnel, as may be reasonably required in connection with the preparation and analysis of the Closing Statement and the resolution of any disputes thereunder. (e) If the Adjustment Amount, as finally determined pursuant to Section 2.16(c), is greater than the Target Adjustment Amount, as finally determined pursuant to Section 2.16(c), by at least $20 million, then Mallinckrodt shall pay or cause to be paid an amount in cash equal to the difference from the first dollar (i.e., without regard to the $20 million threshold) to Covidien by wire transfer of immediately available funds to an account or accounts designated in writing by Covidien to Mallinckrodt. If the Adjustment Amount, as finally determined pursuant to Section 2.16(c), is less than the Target Adjustment Amount, as finally determined pursuant to Section 2.16(c), by at least $20 million, then Covidien shall pay or cause to be paid an amount in cash equal to the difference from the first dollar (i.e., without regard to the $20 million threshold) to Mallinckrodt by wire transfer of immediately available funds to an account or accounts designated in writing by Mallinckrodt to Covidien. Any such payment pursuant to this Section 2.16(e) is to be made within five (5) Business Days of the date on which the Adjustment Amount and the Target Adjustment Amount have been finally determined pursuant to this Section 2.16.

  • Payment Calculation District shall pay Contractor at a rate of $ per . District shall pay Contractor as described in attached Exhibit A

  • Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges Borrower will pay each Periodic Payment when due. Borrower will also pay any prepayment charges and late charges due under the Note, and any other amounts due under this Security Instrument. Payments due under the Note and this Security Instrument must be made in U.S. currency. If any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer’s check, or cashier’s check, provided any such check is drawn upon an institution whose deposits are insured by a U.S. federal agency, instrumentality, or entity; or (d) Electronic Fund Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 16. Lender may accept or return any Partial Payments in its sole discretion pursuant to Section 2. Any offset or claim that Borrower may have now or in the future against Lender will not relieve Borrower from making the full amount of all payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument.

  • Interest Charges You agree to pay interest at the rate(s) disclosed to you at the time you open your account and as may be changed from time to time in accordance with applicable law. Average Daily Balance including new transactions: Interest Charges will accrue on your average daily balance outstanding during the month. To get the average daily balance, we take the beginning balance each day, add any new purchases, cash advances, balance transfers or other advances, and subtract any payments, unpaid interest charges, and unpaid late charges. This gives us the daily balance. Then, we add up all the daily balances for the billing cycle and divide that by the number of days in the billing cycle. We then multiply that by the periodic rate corresponding to the Annual Percentage Rate on your account. If you have different rates for purchases, cash advances or balance transfers, separate average daily balances for each will be calculated and the appropriate periodic rate is then applied to each.

  • Agreement Amount The District shall pay ESD112 an amount not to exceed two thousand four hundred dollars ($2,400.00) for up to twenty (20) hours of services provided under this Agreement as described in Section 1.1 above and Section 4 below.

  • Gross Settlement Amount Except as otherwise provided by Paragraph 9 below, Defendant promises to pay $500,000.00 and no more as the Gross Settlement Amount and to separately pay any and all employer payroll taxes owed on the Wage Portions of the Individual Class Payments. Defendant has no obligation to pay the Gross Settlement Amount (or any payroll taxes) prior to the deadline stated in Paragraph 6.1 of this Agreement. The Administrator will disburse the entire Gross Settlement Amount without asking or requiring Participating Class Members or Aggrieved Employees to submit any claim as a condition of payment. None of the Gross Settlement Amount will revert to Defendant.

Most Referenced Clauses

Most Referenced Definitions