Buyer Payment. If Seller fails to pay when due any costs, expenses or other amounts payable by it under this Article 12, such amount may be paid on behalf of Seller by Buyer, in its discretion and Seller shall remain liable for any such payments by Buyer. No such payment by Buyer shall be deemed a waiver of any of Buyer’s rights under any of the Principal Agreements.
Buyer Payment. Buyer shall pay the undisputed amount of such invoices less the amount of any Forecasting Penalties (as applicable), on or before the later of the twenty-fifth (25th) day of each month and fifteen (15) days after receipt of the invoice. If either the invoice date or payment date is not a Business Day, then such invoice or payment shall be provided on the next following Business Day. Each Party will make payments by electronic funds transfer, or by other mutually agreeable method(s), to the account designated by the other Party. Any undisputed amounts not paid by the due date will be deemed delinquent and will accrue interest at the Interest Rate, such interest to be calculated from and including the due date to but excluding the date the delinquent amount is paid in full. Invoices may be sent by facsimile or e-mail.
Buyer Payment. At the Closing, Buyer will make a cash payment (the “Buyer Cash Payment”) to Seller in an aggregate amount equal to $13,869,949.34, consisting of $13,177,415.73 representing the aggregate purchase price for the Equipment and $692,533.61 representing sales tax payable with respect to the purchase by Buyer of the Equipment. Such payment will be made in immediately available funds in U.S. Dollars by wire transfer to Account #8188301629 of Seller at Bank of America, N.A., 99303 Xxxxxxxxxx Xxxxxx Xxxxx, Xxxxxxx, Xxxxxxxx 00000, ABA # 000000000. Seller will remit to the appropriate governmental authority the foregoing sales tax paid by Buyer.
Buyer Payment. Seller acknowledges that after the Closing, Buyer will generate accounts receivable from former customers of Seller, including, without limitation, customers under the Transferred Engagements. In the event that Seller receives a payment that is identified by Buyer's invoice number, or that is otherwise accompanied by information identifying it as a payment belonging to Buyer (a "Buyer Payment"), Seller shall turn such Buyer Payment over to Buyer. Such Buyer Payments shall be turned over to Buyer without representation, warranty or guaranty by, or recourse against, Seller.
Buyer Payment. Buyer shall pay to Parent in immediately available funds, within two (2) business days after demand by Parent, a termination fee in the amount of $600,000 if this Agreement is terminated by Seller pursuant to Section 11.1(h) at a time when this Agreement is not terminable by Buyer pursuant to any other clause of Section 11.1.
Buyer Payment. Buyer shall upon payment of $150,000 (the "Buyer Payment") to Seller earn the rights and interests set forth in Section 3.2. Seller acknowledges prior receipt of $35,000 from Buyer, such that the balance remaining of the Buyer Payment is $115,000 (the "Payment Balance"). Buyer shall pay this balance, by wire transfer or other means satisfactory to Seller in immediately available funds, to Seller or, if Section 3.3 is applicable, to the Trustee on or before the third calendar day following the date of this Agreement, failing which this Agreement and all rights of Buyer hereunder shall terminate.
Buyer Payment. If any Seller Party fails to pay when due any costs, expenses or other amounts payable by it under this Article 12, such amount may be paid on behalf of such Seller Party by Buyer, in its discretion and Seller Parties shall remain liable for any such payments by Buyer. No such payment by Buyer shall be deemed a waiver of any of Buyer’s rights under any of the Principal Agreements.
Buyer Payment. At the Closing, Buyer shall pay to Seller the Aggregate Consideration and the amounts under Sections 2.3, 2.4 and 2.5 in immediately available funds by wire transfer to Seller’s account.
Buyer Payment. The Selling Parties acknowledge that after the Closing Date, Buyer will generate accounts receivable from customers of the Business. In the event that any Selling Party receives a payment that is identified by Buyer's invoice number, or that is otherwise accompanied by information identifying it as a payment belonging to Buyer (a "Buyer Payment"), such Selling Party shall turn such Buyer Payment over to Buyer. Such Buyer Payments shall be turned over to Buyer without representation, warranty or guaranty by, or recourse against, the Selling Parties.
Buyer Payment. Statements will be delivered to Buyer each month by Seller or such other Seller Service Providers designated by Seller for Seller Services provided to the Buyer and the Company during the preceding month, and each such statement shall set forth a brief description of such Seller Services and the amounts charged therefor and such amounts shall be payable by Buyer net 30 days after the date of such statement. Statements not paid within such 30-day period shall be subject to late charges, calculated based on the then current prime or base rate of Chase Manhattan Bank plus one percentage point, for each month or portion thereof the statement is overdue. In addition to the charges for the Seller Services provided hereunder, Buyer will reimburse Seller and the other Seller Service Providers for any and all actual out-of-pocket ancillary fees, costs, or expenses incurred by Seller or such Seller Service Providers in connection with providing for the Seller Services hereunder, including shipping and transportation costs, duties, taxes and other fees or expenses, where such ancillary fees, costs or expenses are not specifically included, or exceed, the amounts provided for such items on Schedule 1.
