Cap Amounts Sample Clauses

Cap Amounts. (i) Subject to Section 10.3(d), the maximum aggregate amount of Losses or other obligations for which an Indemnitor shall be liable pursuant to Section 10.2(a)(i) or Section 10.2(b)(i), as applicable, shall be thirty-six million dollars ($36,000,000) (the “Cap”).
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Cap Amounts. During the effective terms of the WAN Service Agreement and the South Information Center Lease Agreement and the maximum terms that may be extended automatically, totalling three years, the annual caps for the Fees calculated individually and calculated in aggregate with the annual caps for the rents paid by the Company to PICC Group are estimated as follows: Period Annual Cap for the Fees Annual Cap for the Fees and Rents (in aggregate) (RMB million) (RMB million) Year ending 31 December 2013 13 88 Year ending 31 December 2014 15 112 Year ending 31 December 2015 15 125 The Company determined the annual caps for the WAN Service Agreement mainly by reference to the WAN volume usage in the years 2011 and 2012, the standards of WAN equipments and technical services level provided by PICC Group, etc. The Company also takes into account the WAN bandwidth requirements of the business scales at provincial level and the business systems of the Company in the coming two years. GENERAL INFORMATION
Cap Amounts. Buyer and Seller shall promptly (and in any event within two Business Days) following any purchase price adjustment pursuant to Section 2.6(f) of the Purchase Agreement provide to the Escrow Agent a joint certification as to any adjustment to any Cap Amount, required under the Purchase Agreement.
Cap Amounts. Buyer and Seller shall promptly (and in any event with five Business Days) following any purchase price adjustment pursuant to Section 2.6(f) or 2.7(c) of the Purchase Agreement provide to the Escrow Agent a joint certification as to any adjustment to any Cap Amount, required under the Purchase
Cap Amounts. The Board expects that the aggregate rents, fees and other charges (exclusive of Government rates) payable by Well Dynamic to HPAL under the transactions contemplated under the Letter Agreement will be subject to the below cap amounts. The cap amounts are determined with reference to the aggregate amounts of rents, management fees, air-conditioning charges, the promotion contribution together with other charges payable under the Letter Agreement, which will be paid by the Group out of its internal resources:– Term Cap Amounts For the period from 5 August 2014 to 31 December 2014 HK$3,000,000.00 For the period from 1 January 2015 to 4 April 2015 HK$1,100,000.00
Cap Amounts. For the year 2013 and the term of the Agreement, the annual caps for the brokerage fees paid by the Company to ZSIB and its subsidiaries are estimated as follows: Period Annual Cap (RMB million) Year ending 31 December 2013 115 Year ending 31 December 2014 133 Year ending 31 December 2015 1 January 2016 to 16 June 2016 152 87 The Company determined the above annual caps mainly by reference to the brokerage fees that have been paid by the Company to ZSIB and its subsidiaries in 2013, the expected situation and development of the business cooperation between the Company and ZSIB and its subsidiaries during the term of the Agreement, the expected market rates of brokerage fees, etc.
Cap Amounts. For the period from October 1, 2007 through September 30, 2008, IICO agrees to reduce the management fees paid by the Fund to: Up to $500 Million .350% Over $500 Million up to $1 Billion .300% Over $1 Billion up to $1.5 Billion .250% Over $1.5 Billion .200% For the period from October 1, 2008 to July 31, 2009, IICO agrees to reduce the management fees paid by the Fund at 0.35% of net assets for any day that the Fund's net assets are below $500,000,000.
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Related to Cap Amounts

  • Cap Amount If the Company becomes listed on the Nasdaq Small Cap Market or the Nasdaq National Market, then, unless the Company has obtained Stockholder 20% Approval as set forth in Section 6.11 or unless otherwise permitted by Nasdaq, in no event shall the Aggregate Issued Shares exceed the maximum number of shares of Common Stock (the "Cap Amount") that the Company can, without stockholder approval, so issue pursuant to Nasdaq Rule 4460(i)(1)(d)(ii) (or any other applicable Nasdaq Rules or any successor rule) (the "Nasdaq 20% Rule").

  • Additional Escrow Amounts On the date of any Purchase Withdrawal, the Pass Through Trustee may re-deposit with the Depositary some or all of the amounts so withdrawn in accordance with Section 2.4 of the Deposit Agreement.

  • Indemnity for Returned Payments If, after receipt of any payment of, or proceeds applied to the payment of, all or any part of the Obligations, the Agent or any Lender is for any reason compelled to surrender such payment or proceeds to any Person, because such payment or application of proceeds is invalidated, declared fraudulent, set aside, determined to be void or voidable as a preference, impermissible setoff, or a diversion of trust funds, or for any other reason, then the Obligations or part thereof intended to be satisfied shall be revived and continue and this Agreement shall continue in full force as if such payment or proceeds had not been received by the Agent or such Lender, and the Borrower shall be liable to pay to the Agent, and hereby does indemnify the Agent and the Lenders and hold the Agent and the Lenders harmless for, the amount of such payment or proceeds surrendered. The provisions of this Section 4.9 shall be and remain effective notwithstanding any contrary action which may have been taken by the Agent or any Lender in reliance upon such payment or application of proceeds, and any such contrary action so taken shall be without prejudice to the Agent's and the Lenders' rights under this Agreement and shall be deemed to have been conditioned upon such payment or application of proceeds having become final and irrevocable. The provisions of this Section 4.9 shall survive the termination of this Agreement.

  • Excess Amounts On any Payment Date, to the extent the sum of the amount on deposit in the Reserve Account plus the amount available under any Letter of Credit exceeds the Required Reserve Amount on any Payment Date, the amount of such excess may be released from the Reserve Account and paid to the Class R Interest on such Payment Date.

  • Severability; Maximum Payment Amounts If any provision of this Agreement is prohibited by law or otherwise determined to be invalid or unenforceable by a court of competent jurisdiction, the provision that would otherwise be prohibited, invalid or unenforceable shall be deemed amended to apply to the broadest extent that it would be valid and enforceable, and the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions of this Agreement so long as this Agreement as so modified continues to express, without material change, the original intentions of the parties as to the subject matter hereof and the prohibited nature, invalidity or unenforceability of the provision(s) in question does not substantially impair the respective expectations or reciprocal obligations of the parties or the practical realization of the benefits that would otherwise be conferred upon the parties. The parties will endeavor in good faith negotiations to replace the prohibited, invalid or unenforceable provision(s) with a valid provision(s), the effect of which comes as close as possible to that of the prohibited, invalid or unenforceable provision(s). Notwithstanding anything to the contrary contained in this Agreement or any other Transaction Document (and without implication that the following is required or applicable), it is the intention of the parties that in no event shall amounts and value paid by the Company and/or any of its Subsidiaries (as the case may be), or payable to or received by any of the Buyers, under the Transaction Documents (including without limitation, any amounts that would be characterized as “interest” under applicable law) exceed amounts permitted under any applicable law. Accordingly, if any obligation to pay, payment made to any Buyer, or collection by any Buyer pursuant the Transaction Documents is finally judicially determined to be contrary to any such applicable law, such obligation to pay, payment or collection shall be deemed to have been made by mutual mistake of such Buyer, the Company and its Subsidiaries and such amount shall be deemed to have been adjusted with retroactive effect to the maximum amount or rate of interest, as the case may be, as would not be so prohibited by the applicable law. Such adjustment shall be effected, to the extent necessary, by reducing or refunding, at the option of such Buyer, the amount of interest or any other amounts which would constitute unlawful amounts required to be paid or actually paid to such Buyer under the Transaction Documents. For greater certainty, to the extent that any interest, charges, fees, expenses or other amounts required to be paid to or received by such Buyer under any of the Transaction Documents or related thereto are held to be within the meaning of “interest” or another applicable term to otherwise be violative of applicable law, such amounts shall be pro-rated over the period of time to which they relate.

  • Indemnification Payments Not Distributions If and to the extent any payments to the General Partner pursuant to this Section 7.7 constitute gross income to the General Partner (as opposed to the repayment of advances made on behalf of the Partnership), such amounts shall constitute guaranteed payments within the meaning of Section 707(c) of the Code, shall be treated consistently therewith by the Partnership and all Partners, and shall not be treated as distributions for purposes of computing the Partners’ Capital Accounts.

  • Purchase Amounts 28 SECTION 9.04.

  • Excess Payments If Tenant shall assign this Lease or sublet any part of the Premises for consideration in excess of the pro-rata portion of Rent applicable to the space subject to the assignment or sublet, then Tenant shall pay to Landlord as Additional Rent 50% of any such excess immediately upon receipt.

  • Carryover Reserve Fund (a) On the Closing Date, the Trustee shall establish and maintain in its name, in trust for the benefit of the Holders of the Certificates, the Carryover Reserve Fund and shall deposit $1,000 therein. The Carryover Reserve Fund shall be an Eligible Account, and funds on deposit therein shall be held separate and apart from, and shall not be commingled with, any other moneys, including without limitation, other moneys held by the Trustee pursuant to this Agreement.

  • Payment of Repurchase Prices and Substitution Shortfall Amounts The Issuer hereby directs and the Depositor hereby agrees to remit or cause to be remitted all amounts in respect of Repurchase Prices and Substitution Shortfall Amounts payable during the related Due Period in immediately available funds to the Indenture Trustee to be deposited in the Collection Account on the Business Day immediately preceding the related Payment Date for such Due Period in accordance with the provisions of the Indenture. In the event that more than one Timeshare Loan is replaced pursuant to Sections 6(a), (b) or (c) hereof on any Transfer Date, the Substitution Shortfall Amounts and the Loan Balances of Qualified Substitute Timeshare Loans shall be calculated on an aggregate basis for all substitutions made on such Transfer Date.

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