Collection and Disbursement of Funds Sample Clauses

Collection and Disbursement of Funds. (a) Manager shall deposit all funds received by it from the operation of the Facilities and all working capital loans in a bank account or bank accounts bearing the name of NewCare (hereinafter the "Agency Accounts") with a bank or trust company. Such funds shall in no event be commingled with other funds. Manager shall have no liability or responsibility for any loss resulting from the insolvency, malfeasance or nonfeasance of the banks, banks, or trust companies with which such funds are deposited. (b) Subject to existing restrictions with Owner's receivables-based lender, Manager shall control the Agency Accounts and have the right and authority to make withdrawals from and to use the Agency Accounts for the purposes of operating the Facilities and performing its obligations hereunder or under the Corporate Management Agreement of even date herewith between the Parties, as well as paying the Management Fee herein or the Corporate Management Fee under said Corporate Management Agreement, until the expiration or sooner termination of this Agreement and the Corporate Management Agreement, at which time Manager shall resign as signatory on the account(s) and cooperate in making Owner's designees the signatories on the account(s). (c) Out of such Agency Accounts, Manager is authorized to pay all costs of operations, defined as all debt service payments, all operating expenses, all management fees, plus interest thereon at the same rate of interest as that described in Section 4 below for late payments past their due date. Manager may make all other payments which it deems necessary and appropriate for the operation of the Facilities. (d) Receivables collected by the Manager relating to the Facilities and all other revenues of Owner (collectively, the "Gross Revenue") will be used by the Manager to pay the operating expenses, fees, accrued liabilities and other expenditures of the Facilities in the following order: (I) Payroll of all Facilities employees, including the Administrator and any administrative staff. Payroll-related expenses, employee benefits and employment taxes. Manager's Management Fee, to be calculated in accordance with Section 3.3. Payment of Owner's corporate overhead, as follows: payments under individual executive employment contracts, as disclosed on Owner's most recent 10-K, for those employees remaining with Owner in their executive capacities on and after the effective date of this Agreement; and, all reasonable and necessary corpora...
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Collection and Disbursement of Funds. AD will collect the fees ------------------------------------ payable from Sponsors under clinical research trial contracts performed by Affiliate and will disburse such funds received to Affiliate, less the AD administrative fee set forth in Section 4.03 hereof.
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Collection and Disbursement of Funds. Manager shall deposit with one or more institutions, each of which shall be a member of the Federal Deposit Insurance Corporation, all monies arising from and received in connection with the operation of the Facilities and the conduct of the Business thereof or otherwise received by Manager for and on behalf of Owner (the "Facility Funds"). Manager shall have authority to access such accounts and shall disburse and pay from said accounts, on behalf of Owner, in the following order of priority, as and when required to be made in connection with: (A) Payment of all costs and expenses arising out of the administration, maintenance and operation of the Facilities, including, without limitation, payroll for all employees of the Business and related payroll taxes, fees or other charges required by a governmental body, costs of vendors, insurance, utilities, Taxes and the fees and expenses of outside consultants retained by Manager for the benefit of Owner in connection with the conduct of the Business; (B) Payment of Manager's Management Fee (including any accrued and unpaid Management Fees, plus all accrued and unpaid interest thereon, for prior periods), reimbursable expenses of Manager (including any accrued and unpaid interest thereon), and all items of corporate overhead not included in SG&A Expense (as defined below); (C) Payment of any Facility rent or debt service on a first mortgage (if any) on any Facility; and (D) Payment of any amounts due from Facility in regard of other outstanding indebtedness.
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Collection and Disbursement of Funds. Lessee shall diligently collect all Gross Receipts and promptly pay all Operating Expenses, as that term is defined in Article 2.B.4 of this Lease, from the operation and use of the VA Barrington Parking Lots. The Lessee will remit the Gross Receipts less Operating Expenses (“Net Parking Revenues”) to VA by no later than the 10th day of each month of the Initial Term and any Extension Term(s). Lessee shall advertise on the Property daily parking rates meeting VA’s prior written approval, and charge such rates and collect such amounts from third parties that park their vehicles at the VA Barrington Parking Lots. Except and to the extent that VA grants its prior written approval, the Lessee shall prohibit third parties from parking vehicles overnight on the Property.
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Related to Collection and Disbursement of Funds

  • Disbursement of Funds (a) No later than 2:00 p.m. (New York City time) on the date specified in each Notice of Borrowing (including Mandatory Borrowings), each Lender made available its pro rata portion, if any, of each Borrowing requested to be made on such date in the manner provided below; provided that on the Original Closing Date, such funds were made available at such earlier time as may be agreed among the Lenders, the Borrower and the Administrative Agent for the purpose of consummating the Transactions; provided further that all Swingline Loans shall be made available to the Borrower in the full amount thereof by the Swingline Lender no later than 4:00 p.m. (New York City time) on the date requested. (b) Each Lender shall make available all amounts it is to fund to the Borrower under any Borrowing for its applicable Commitments, and in immediately available funds to the Administrative Agent at the Administrative Agent’s Office and the Administrative Agent will (except in the case of Mandatory Borrowings and Borrowings to repay Unpaid Drawings) make available to the Borrower, by depositing to an account designated by the Borrower to the Administrative Agent the aggregate of the amounts so made available in the applicable currency. Unless the Administrative Agent shall have been notified by any Lender prior to the date of any such Borrowing that such Lender does not intend to make available to the Administrative Agent its portion of the Borrowing or Borrowings to be made on such date, the Administrative Agent may assume that such Lender has made such amount available to the Administrative Agent on such date of Borrowing, and the Administrative Agent, in reliance upon such assumption, may (in its sole discretion and without any obligation to do so) make available to the Borrower a corresponding amount. If such corresponding amount is not in fact made available to the Administrative Agent by such Lender and the Administrative Agent has made available such amount to the Borrower, the Administrative Agent shall be entitled to recover such corresponding amount from such Lender. If such Lender does not pay such corresponding amount forthwith upon the Administrative Agent’s demand therefor the Administrative Agent shall promptly notify the Borrower and the Borrower shall immediately pay such corresponding amount to the Administrative Agent in the applicable currency. The Administrative Agent shall also be entitled to recover from such Lender or the Borrower interest on such corresponding amount in respect of each day from the date such corresponding amount was made available by the Administrative Agent to the Borrower to the date such corresponding amount is recovered by the Administrative Agent, at a rate per annum equal to (i) if paid by such Lender, the Overnight Rate or (ii) if paid by the Borrower, the then-applicable rate of interest or fees, calculated in accordance with Section 2.8, for the respective Loans. (c) Nothing in this Section 2.4 shall be deemed to relieve any Lender from its obligation to, fulfill its commitments hereunder or to prejudice any rights that the Borrower may have against any Lender as a result of any default by such Lender hereunder (it being understood, however, that no Lender shall be responsible for the failure of any other Lender to fulfill its commitments hereunder).

  • Deposit and Disbursement Accounts Disclosure Schedule (3.19) lists all banks and other financial institutions at which any Credit Party maintains deposit or other accounts as of the Closing Date, including any Disbursement Accounts, and such Schedule correctly identifies the name, address and telephone number of each depository, the name in which the account is held, a description of the purpose of the account, and the complete account number therefor.

  • Accounts and Disbursements The Custodian shall establish and maintain a separate account for each Portfolio and shall credit to the separate account all moneys received by it or a Sub-Custodian for the account of such Portfolio and shall disburse, or cause a Sub-Custodian to disburse, the same only: 1. In payment for Securities purchased for the Portfolio, as provided in Section 7 hereof; 2. In payment of dividends or distributions with respect to the Shares of such Portfolio, as provided in Section 11 hereof; 3. In payment of original issue or other taxes with respect to the Shares of such Portfolio, as provided in Section 12(c) hereof; 4. In payment for Shares which have been redeemed by such Portfolio, as provided in Section 12 hereof; 5. In payment of fees and in reimbursement of the expenses and liabilities of the Custodian attributable to the Fund, as provided in Sections 5 and 16(h) hereof; 6. Pursuant to Instructions setting forth the name of the Portfolio and the name and address of the person to whom the payment is to be made, the amount to be paid and the purpose for which payment is to be made.

  • Collection of Funds Except as permitted under this Indenture, the Indenture Trustee may demand payment or delivery of, and will receive and collect, directly the funds and other property payable to or to be received by the Indenture Trustee under this Indenture and the Sale and Servicing Agreement. The Indenture Trustee will apply the funds and other property received by it, and will make deposits to, and distributions from, the Bank Accounts, under this Indenture and the Sale and Servicing Agreement.

  • Costs and Disbursements (a) Except as otherwise provided in this Agreement or in the Schedules to this Agreement, a Recipient of Services shall pay to the Provider of such Services a monthly fee for the Services (or category of Services, as applicable) (each fee constituting a “Service Charge” and, collectively, “Service Charges”), which Service Charges shall be agreed to by the Parties from time to time and generally determined in a manner consistent with the methodology used by HBIO for assessing fees with respect to the HXXX Business; provided further that to the extent the Service Charge for a particular Service is accrued on an hourly basis, such Service Charge shall be paid monthly by the Recipient and include the aggregate amount of the hourly charges for the immediate preceding month. During the term of this Agreement, the amount of a Service Charge for any Services (or category of Services, as applicable) may increase to the extent of: (i) any increases mutually agreed to by the Parties, (ii) any Service Charges applicable to any Additional Services or New Services, and (iii) any increase in the rates or charges imposed by any third-party provider that is providing Services. Together with any monthly invoice for Service Charges, the Provider shall provide the Recipient with documentation to support the calculation of such Service Charges. (b) Recipient shall reimburse Provider for all reasonable out-of-pocket costs and expenses incurred by Provider or its Affiliates in connection with providing the Services to the extent that such costs and expenses are not reflected in the Service Charge for such Services; provided, however, that any such cost or expense not consistent with historical practice between the Parties and exceeding $2,500 per month, for any Service (including business travel and related expenses) shall require advance approval of the Recipient. Any authorized travel-related expenses incurred in performing the Services shall be incurred and charged to Recipient in accordance with Provider’s then applicable business travel policies. (c) The Recipient shall pay the amount of each such invoice by wire transfer (or such other method of payment as may be agreed between the Parties) to the Provider within thirty (30) days of the receipt of each such invoice, including appropriate documentation as described herein, as instructed by the Provider. In the absence of a timely notice of billing dispute in accordance with the provisions of Article IX of this Agreement, if the Recipient fails to pay such amount by the due date, the Recipient shall be obligated to pay to the Provider, in addition to the amount due, interest at an annual default interest rate of three percent (3%), or the maximum legal rate whichever is lower (the “Interest Payment”), accruing from the date the payment was due through the date of actual payment. (d) Subject to the confidentiality provisions set forth in Section 11.03, each Party shall, and shall cause their respective Affiliates to, provide, upon ten (10) days’ prior written notice from the other Party, any information within such Party’s or its Affiliates’ possession that the requesting Party reasonably requests in connection with any Services being provided to such requesting Party by an unaffiliated third-party provider, including any applicable invoices, agreements documenting the arrangements between such third-party provider and the Provider and other supporting documentation; provided, however, that each Party shall make no more than one such request during any fiscal quarter.

  • FEES AND DISBURSEMENTS The fees for Services shall be in accordance with the fee schedule as agreed upon between the Client and the Customs Broker, as amended from time to time (the “Fees”). (a) Disbursements incurred by the Customs Broker on behalf of the Client shall be reimbursed to the Customs Broker by the Client.

  • Additional Advances and Disbursements; Costs of Enforcement If any Event of Default exists, Mortgagee and each of the Lenders shall have the right, but not the obligation, to cure such Event of Default in the name and on behalf of Mortgagor in accordance with the Credit Agreement. All sums advanced and expenses incurred at any time by Mortgagee or any Lender under this Section, or otherwise under this Mortgage or any of the other Credit Documents or applicable law, shall bear interest from the date that such sum is advanced or expense incurred if not repaid within five (5) days after demand therefor, to and including the date of reimbursement, computed at the rate or rates at which interest is then computed on the Indebtedness, and all such sums, together with interest thereon, shall be secured by this Mortgage. Mortgagor shall pay all expenses (including reasonable attorneys’ fees and expenses) of or incidental to the perfection and enforcement of this Mortgage and the other Credit Documents, or the enforcement, compromise or settlement of the Indebtedness or any claim under this Mortgage and the other Credit Documents, and for the curing thereof, or for defending or asserting the rights and claims of Mortgagee or the Lenders in respect thereof, by litigation or otherwise.

  • Payment of Funds No federal appropriated funds have been paid or will be paid by or on behalf of the parties to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.

  • Notice of Borrowing and Disbursement The Swingline Lender will make Swingline Loans available to the Borrower on any Business Day upon request made by the Borrower not later than 2:00 P.M. (Charlotte, North Carolina time) on such Business Day. A notice of request for Swingline Loan borrowing shall be made in the form of Schedule 2.1(b)(i) with appropriate modifications. Swingline Loan borrowings hereunder shall be made in minimum amounts of $100,000 and in integral amounts of $100,000 in excess thereof.

  • Repayment of Funds If AMO declares that an Event of Default has not been cured to its exclusive satisfaction, AMO reserves the right to declare that prior payments of Funds become a debt to Canada which the Recipient will reimburse forthwith on demand to AMO for transmission to Canada.

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