Early Payment Amount. If the Retailer becomes legally obliged to pay a Remedy Cost to the Consumer before the Distributor's liability to pay to the Retailer an amount equal to that Remedy Cost being agreed or finally determined under clause 27.7(b), the Distributor must promptly pay to the Retailer an amount equal to that Remedy Cost even though the Distributor's liability to make such payment has not been agreed or finally determined ("Early Payment Amount"), provided that:
(a) the Retailer has used reasonable endeavours to avoid incurring such Remedy Cost and it would be unreasonable in the circumstances for the Retailer not to pay such Remedy Cost to the Consumer at that time;
(b) the Distributor is not required to pay an Early Payment Amount if and to the extent that, following such payment, the aggregate amount paid by the Distributor to the Retailer in respect of the Early Payment Amount and all Early Payment Amounts previously paid would exceed the lesser of $1,000,000 and the Distributor's reasonable estimate of the Distribution Services charges payable by the Retailer to the Distributor in respect of any period not more than 2 months. For the purpose of calculating the Early Payment Amount, any Early Payment Amount previously paid must be disregarded if, at the time of the calculation, the Distributor's liability to pay the Retailer for the Remedy Cost to which the Early Payment Amount relates has been agreed or finally determined as contemplated in clause 27.7(b) ($1,000,000 being the maximum amount that the Retailer is entitled to receive in respect of Early Payment Amounts if the liability of the Distributor to the Retailer to pay Remedy Costs to which such Early Payment Amounts relates is not at that time certain); and
(c) the Retailer must promptly repay amounts paid by the Distributor to the Retailer (including under clause 27.7(a)) in respect of any liability to or on behalf of the Retailer under clause 27.7(a) to the extent that:
(i) the Claim is or becomes a claim for which the Retailer is not entitled to be indemnified under clause 26.8;
(ii) a court of competent jurisdiction determines that the Retailer is not entitled to be indemnified by the Distributor for the Claim;
(iii) the Retailer receives payment under a contract of insurance in respect of the Claim, or the insurer pays, discharges or satisfies the Claim directly and the Retailer is not obliged to refund the payment to the insurer as a result of the payment by the Distributor under the Distributor's...
Early Payment Amount. Early Payment Amount(s) payable on an event of default (General Condition 15), termination for illegality (General Condition 16) or redemption for taxation reasons (General Condition 17) and/or the method of calculating the same (if required or if different from that set out in the General Conditions): As set out in General Condition 30 (Definitions)
Early Payment Amount. Subject to the adjustment set -------------------- forth herein, Alpharma shall pay to Industrier on the earlier of (a) November 30, 1997 or (b) the date that the Rights expire (the "Reimbursement Date"), the amount of $447,977 (the "Early Payment ------------------ ------------- Amount"). The Early Payment Amount shall be increased by $3,950 ------ for each day, if any, that the Payment Date precedes June 27, 1997. The Early Payment Amount shall be (i) decreased by $3,950 for each day, if any, that the Reimbursement Date precedes November 30, 1997. (For example, if the Payment Date is June 25, 1997 and the Reimbursement Date is November 25, 1997, the Early Payment Amount shall be $447,977 + (2 days x $3,950) - (5 days x $3,950) = $447,977 + $7,900 - $19,750 = $436,127); and (ii) increased by $3,950 for each day, if any, that the Reimbursement Date follows November 30, 1 997.
Early Payment Amount. Subject to the adjustment set forth herein, Alpharma shall pay to Industrier on the earlier of (a) November 30, 1997 or (b) the date that the Rights expire (the "Reimbursement Date"), the amount of $447,977 (the "Early Payment Amount"). The Early Payment Amount shall be increased by $3,950 for each day, if any, that the Payment Date precedes June 27, 1997. The Early Payment Amount shall be (i) decreased by $3,950 for each day, if any, that the Reimbursement Date precedes November 30, 1997. (For example, if the Payment Date is June 25, 1997 and the Reimbursement Date is November 25, 1997, the Early Payment Amount shall be $447,977 + (2 days x $3,950) - (5 days x $3,950) = $447,977 + $7,900 - $19,750 = $436,127); and (ii) increased by $3,950 for each day, if any, that the Reimbursement Date follows November 30, 1997.
5. The following section references are hereby deleted and replaced as follows:
a. The section heading "6" is hereby deleted and replaced by the heading "7."
b. The section heading "7" is hereby deleted and replaced by the heading "8."
