Buyout. If the remaining Partners choose to purchase the withdrawing, retiring or deceased Partner’s interest under the preceding paragraphs, that interest will be purchased in: (Check one) ☐ Equal amounts by all remaining Partners ☐ The amounts as decided by all remaining Partners ☐ The amounts as decided by the remaining Partners that wish to purchase Buyout Price Assessment (Check one) ☐ ☐ ☐ ☐ ☐ ☐ The value of the withdrawing, retiring or deceased Partner’s interest is the fair market value as determined by (Check one) the Partnership’s accountant an independent appraiser an independent certified public accountant other: . The purchase price will be equal to the amount in the withdrawing, retiring or deceased Partner’s capital account as of the date of his or her withdrawal, retirement or death, plus or minus the amount in the withdrawing, retiring or deceased Partner’s income account at the end of the month immediately preceding the withdrawal, retirement or death, and adjusted for the withdrawing, retiring, or deceased Partner’s share of the Partnership profits or losses, not previously credited or charged, through the end of the month in which the withdrawal, retirement or death occurred. The purchase price will not include any separate amounts for goodwill, tradename, patents, or other intangible assets. The remaining Partners may continue to use the Partnership tradename. The purchase price will be paid: (Check one) ☐ Without interest ☐ With interest, at the rate of % per annum within months after the date of the withdrawal, retirement or death
Buyout. Buyout price is US$5,000,000 (five million dollars) from which advance royalty payments, made up to the day of the buyout, may be subtracted from the Buyout price. Lessee will pay Lessor a perpetual one-half per cent (0.5%) royalty on Net Smelter Returns (as defined below in Section I. of this document) thereafter.
Buyout. 10.1 The Customer acknowledges that by entering in to the Contract and/or the Network Contract, the Customer may have to pay termination or other charges to a Network Provider or third party for cancelling or terminating a pre-existing contract with that Network Provider or third party.
Buyout. As soon as possible after the awarding of the Work to the primary Subcontractors, Contractor shall review projected costs and provide Owner with a buy-out status report showing any projected cost underruns, reconciling accepted Offers and other reasonably anticipated costs, to the cost estimate used by Contractor to establish the GMP. Contractor shall include with its report any underlying documentation requested by Owner and used to develop or support such report. Contractor shall also consider the reduced risk associated with known subcontracting costs, and the impact that reduced risk has on the amount of Contractor’s Contingency. The parties shall negotiate in good faith to execute a Change Order transferring an appropriate portion of any projected cost underruns to an Owner-controlled contingency fund to be held within the GMP to pay for additional costs arising from (a) any Owner-directed or approved change to the Work, (b) schedule changes that would otherwise entitle Contractor to an increase in the GMP, (c) Allowance items after exhaustion of all Allowances, (d) selection by Owner of more expensive alternates than those used for calculation of the GMP, (e) Owner selection of substitutions that increase the Cost of the Work, or (f) any other costs which otherwise would entitle Contractor to an increase in the GMP. Any transfer of projected cost underruns from Contractor’s contingency to the Owner-controlled contingency fund will not affect Contractor’s obligation to furnish Owner with a complete, fully functional Project ready for its intended use within the GMP, without use of the funds transferred to the Owner-controlled contingency fund, unless such funds are released by Owner for the purposes set forth in (a) through (f) of this Article 6.9. Any transfer of funds to the Owner- controlled contingency fund will not reduce the Contractor Fee, nor will any subsequent release and use of funds from the Owner-controlled contingency fund for the purposes set forth in (a) through (f) of this Article 6.9 increase the Contractor Fee.
Buyout. If a Trade Contract is over the amount stated in the GMP Cost Category or CCO Cost Category, then CM/GC can use Contingency Funds to pay the difference in cost. Other. CM/GC can use Contingency Funds to pay for any other cost approved in writing and in advance by Owner in Owner’s sole discretion.
Buyout. Tenant may terminate this Lease upon no less than sixty (60) days’ written notice and payment of a buyout fee that is equal to the discounted net present value of the remaining Base Rent due under the Lease and for purposes of this provision the discount rate shall be 10 percent (10%).
Buyout. The amount due in this calculation shall be reduced by the amount of the principal contributed to the teacher’s 403(b) account by the Board as determined on June 30, 2004, and deposited in the 401(a) Buyout account. Bargaining unit members will become vested in this program upon attaining the age of 55 and qualifying for retirement, including reduced benefits, under the rules of the Indiana State Teachers Retirement Fund. Until such time of becoming vested all monies contributed by the Board shall not be available to the employee and upon termination of employment for any reason, including death, other than total disability, the Board contributions shall be retained by the fund as provided for within the plan. In the event of termination due to total disability, the affected employee will be considered as vested. The reallocation will be done in the same manner in which the original deposit was made. Health Insurance Benefits: VEBA Buyout The amount due in this calculation shall be deposited in the Voluntary Employee Benefit Association (VEBA) Buyout. Bargaining unit members will become vested in this program upon attaining the age of 55 and qualifying for retirement, including reduced benefits, under the rules of the Indiana State Teachers Retirement Fund. Until such time of becoming vested all monies contributed by the Board shall not be available to the employee and upon termination of employment for any reason, including death, other than total disability, the Board contributions shall be retained by the fund as provided for within the plan. In the event of termination due to total disability, the affected employee will be considered as vested. The reallocation will be done in the same manner in which the original deposit was made.
Buyout. If either (a) HLTT gives notice of Abandonment to PTG that is not followed by a Reversion or (b) within three years after commencement of a Reversion, HWC has not achieved a Cash Flow Positive period at any time, then at any time thereafter (if but only if HWC has not at any time achieved a Cash Flow Positive period) either HLTT or PTG (the “Offeror”) may give written notice to the other (the “Recipient”) of a “Buyout”. The notice of Buyout shall state a per common share price (applicable to convertible securities on an as-converted basis) at which the Offeror offers to both (1) purchase the HWC securities owned by the Recipient, and (2) sell to the Recipient the HWC shares owned by the Offeror, at the option of the Recipient. Within forty days after receipt of the notice of Buyout, the Recipient will respond in writing stating its choice to purchase the Offeror’s shares or sell the Recipient’s shares at the price set forth in the notice of Buyout. If the Recipient fails to respond in writing within forty days, then the Recipient will be deemed to have agreed to sell its HWC shares to the Offeror. The closing of the purchase and sale will take place at the executive offices of HWC on the thirtieth day after Offeror receives Recipient’s notice (or seventy days after notice of Buyout was given, if the Recipient fails to respond) or the first business day thereafter. At the closing, the seller will deliver a stock power and certificate (if issued) transferring its HWC shares to the buyer, and the buyer will deliver the purchase price. Unless otherwise agreed by the parties, the purchase price may be paid in cash or in any combination of cash (not less than twenty percent of the purchase price) and promissory note. Unless otherwise agreed to by the parties, the promissory note shall:
Buyout. We may elect, at Our option, to buyout the Contract during the coverage term for the lesser of (I) current market value of the product with equivalent specifications or (II) retail price paid for Your product minus sales tax and claims paid. When determining the current market value of a Product of equivalent specifications a fair analysis is completed using current manufacturers’ and distributors’ pricing on comparable products. All contractual obligations are considered fulfilled upon buyout of the product.
Buyout. The Company may at any time offer to buy out, for a payment in cash or Common Stock (including restricted stock), Options previously granted, based on such terms and conditions as the Company shall establish and communicate to the Participant at the time that such offer is made.
