Common use of Early Payment Clause in Contracts

Early Payment. 13.1 Provided that you are not in default of your obligations under this Agreement you may at your option pay us an amount equal to the GST exclusive Purchase Price paid by us for part or all of the Stock pursuant to a Supplementary Agreement upon providing 3 days notice to us. At the time of payment you must also pay all accrued Finance Costs and any other costs and fees payable under that Supplementary Agreement in respect of that Stock (“Outstanding Balance”). 13.2 Upon receipt of the Outstanding Balance we will provide you with an authority to sell the relevant Stock (“Retained Stock”) on our behalf and, subject to; (a) you not being in default of your obligations under this Agreement at the time the Retained Stock are sold; and, (b) us not requiring you at the time the Retained Stock are sold to apply the proceeds of sale of the Retained Stock towards payment of an Outstanding Balance in accordance with clause 13.1 in respect of other Stock as nominated by us, You may retain all proceeds of sale of the Retained Stock. 13.3 Upon receipt of the Outstanding Balance, any reference to “Stock” in this Agreement will no longer include the Retained Stock, to the extent only that there is an obligation on you to pay us an amount relating to the Purchase Price, Finance Costs and any other costs and fees payable by you under the Supplementary Agreement in respect of the Retained Stock. 13.4 You will be responsible for remittance of any GST applicable to any sale of stock made in accordance with this clause and you indemnify us in respect of any GST (including any fines, penalties or interest) that we must pay in relation to the payment of the Outstanding Balance or the sale of the relevant Stock except to the extent that the liability of any fines, penalties or interest were caused by our negligence, wilful misconduct or fraud. 13.5 If all of the Stock have become Retained Stock and you have otherwise paid all monies that are due by you or that will become due by you under this Agreement, then all StockCo Progeny will also be Retained Stock. 13.6 Despite clause 1.1 of these Terms any amendment of this clause 13 will not be effective until the later of; (a) the date on which it is to become effective in accordance with clause 1.1 of these Terms; (b) the date on which you make a funding request for us to purchase livestock from a third party or for a cash flow advance under the Master Livestock Agreement; or (c) the date on which you accept the amendment to this clause 13.

Appears in 3 contracts

Samples: Master Livestock Agreement, Master Livestock Agreement, Master Livestock Agreement

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Early Payment. 13.1 12.1 Provided that you are not in default of your obligations under this Agreement you may at your option pay us an amount equal to the GST exclusive Purchase Price paid by us for part or all of the Stock pursuant to a Supplementary Agreement upon providing 3 7 days notice to us. At the time of payment you You must also pay all accrued Finance Costs and any other costs and fees payable under that Supplementary Agreement in respect of that Stock (“Outstanding BalanceEarly Payment Amount”). 13.2 12.2 Upon receipt of the Outstanding Balance Early Payment Amount we will provide you with an authority to sell the relevant Stock (“Retained Released Stock”) on our behalf and, subject to; (a) you not being in default of your obligations under this Agreement at the time the Retained Released Stock are sold; and, (b) us not requiring you at the time the Retained Stock are sold to apply the proceeds of sale of the Retained Released Stock towards payment of an Outstanding Balance in accordance with clause 13.1 Early Payment Amount in respect of other Stock as nominated by usat the time the Released Stock are sold, You may retain all proceeds of sale of the Retained Released Stock. 13.3 12.3 Upon receipt of the Outstanding BalanceEarly Payment Amount, any reference to “Stock” in this Agreement will no longer include the Retained Released Stock, to the extent only that there is an obligation on you to pay us an amount relating to the Purchase Price, Finance Costs and any other costs and fees payable by you under the Supplementary Agreement in respect of the Retained Released Stock. 13.4 12.4 You will be responsible for remittance of any GST applicable to any sale of stock made in accordance with this clause and you indemnify us in respect of any GST (including any fines, penalties or interest) that we must pay in relation to the payment of the Outstanding Balance Early Payment Amount or the sale of the relevant Stock except to the extent that the liability of any fines, penalties or interest were caused by our negligence, wilful misconduct or fraud. 13.5 If all of the Stock have become Retained Stock and you have otherwise paid all monies that are due by you or that will become due by you under this Agreement, then all StockCo Progeny will also be Retained Stock. 13.6 12.5 Despite clause 1.1 of these Terms any amendment of this clause 13 12 will not be effective until the later of; (a) the date on which it is to become effective in accordance with clause 1.1 of these Terms; (b) the date on which you make a funding request for us to purchase livestock from a third party or for a cash flow advance under the Master Livestock Agreement; (c) the date on which you make a request under the Master Livestock Agreement for us to purchase livestock from a third party; or (cd) the date on which you accept the amendment to this clause 1312.

Appears in 2 contracts

Samples: Master Livestock Agreement, Master Livestock Agreement

Early Payment. 13.1 ‌ 12.1 Provided that you are not in default of your obligations under this Agreement you may at your option pay us an amount equal to the GST exclusive Purchase Price paid by us for part or all of the Stock pursuant to a Supplementary Agreement upon providing 3 7 days notice to us. At the time of payment you You must also pay all accrued Finance Costs and any other costs and fees payable under that Supplementary Agreement in respect of that Stock (“Outstanding BalanceEarly Payment Amount”). 13.2 12.2 Upon receipt of the Outstanding Balance Early Payment Amount we will provide you with an authority to sell the relevant Stock (“Retained Released Stock”) on our behalf and, subject to; (a) you not being in default of your obligations under this Agreement at the time the Retained Released Stock are sold; and, (b) us not requiring you at the time the Retained Stock are sold to apply the proceeds of sale of the Retained Released Stock towards payment of an Outstanding Balance in accordance with clause 13.1 Early Payment Amount in respect of other Stock as nominated by usat the time the Released Stock are sold, You may retain all proceeds of sale of the Retained Released Stock. 13.3 12.3 Upon receipt of the Outstanding BalanceEarly Payment Amount, any reference to “Stock” in this Agreement will no longer include the Retained Released Stock, to the extent only that there is an obligation on you to pay us an amount relating to the Purchase Price, Finance Costs and any other costs and fees payable by you under the Supplementary Agreement in respect of the Retained Released Stock. 13.4 12.4 You will be responsible for remittance of any GST applicable to any sale of stock made in accordance with this clause and you indemnify us in respect of any GST (including any fines, penalties or interest) that we must pay in relation to the payment of the Outstanding Balance Early Payment Amount or the sale of the relevant Stock except to the extent that the liability of any fines, penalties or interest were caused by our negligence, wilful misconduct or fraud. 13.5 If all of the Stock have become Retained Stock and you have otherwise paid all monies that are due by you or that will become due by you under this Agreement, then all StockCo Progeny will also be Retained Stock. 13.6 12.5 Despite clause 1.1 of these Terms any amendment of this clause 13 12 will not be effective until the later of;of;‌ (a) the date on which it is to become effective in accordance with clause 1.1 of these Terms; (b) the date on which you make a funding request for us to purchase livestock from a third party or for a cash flow advance under the Master Livestock Agreement; (c) the date on which you make a request under the Master Livestock Agreement for us to purchase livestock from a third party; or (cd) the date on which you accept the amendment to this clause 1312.

Appears in 1 contract

Samples: Master Livestock Agreement

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Early Payment. 13.1 12.1 Provided that you are not in default of your obligations under this Agreement you may at your option pay us an amount equal to the GST exclusive Purchase Price paid by us for part or all of the Stock pursuant to a Supplementary Agreement upon providing 3 7 days notice to us. At the time of payment you must also pay all accrued Finance Costs and any other costs and fees payable under that Supplementary Agreement in respect of that Stock (“Outstanding BalanceEarly Payment Amount”). 13.2 12.2 Upon receipt of the Outstanding Balance Early Payment Amount we will provide you with an authority to sell the relevant Stock (“Retained Released Stock”) on our behalf and, subject to; (a) you not being in default of your obligations under this Agreement at the time the Retained Released Stock are sold; and, (b) us not requiring you at the time the Retained Stock are sold to apply the proceeds of sale of the Retained Released Stock towards payment of an Outstanding Balance in accordance with clause 13.1 Early Payment Amount in respect of other Stock as nominated by usat the time the Released Stock are sold, You may retain all proceeds of sale of the Retained Released Stock. 13.3 12.3 Upon receipt of the Outstanding BalanceEarly Payment Amount, any reference to “Stock” in this Agreement will no longer include the Retained Released Stock, to the extent only that there is an obligation on you to pay us an amount relating to the Purchase Price, Finance Costs and any other costs and fees payable by you under the Supplementary Agreement in respect of the Retained Released Stock. 13.4 12.4 You will be responsible for remittance of any GST applicable to any sale of stock made in accordance with this clause and you indemnify us in respect of any GST (including any fines, penalties or interest) that we must pay in relation to the payment of the Outstanding Balance Early Payment Amount or the sale of the relevant Stock except to the extent that the liability of any fines, penalties or interest were caused by our negligence, wilful misconduct or fraud. 13.5 If all of the Stock have become Retained Stock and you have otherwise paid all monies that are due by you or that will become due by you under this Agreement, then all StockCo Progeny will also be Retained Stock. 13.6 12.5 Despite clause 1.1 of these Terms any amendment of this clause 13 12 will not be effective until the later of; (a) the date on which it is to become effective in accordance with clause 1.1 of these Terms; (b) the date on which you make a funding request for us to purchase livestock from a third party or for a cash flow advance under the Master Livestock Agreement; (c) the date on which you make a request under the Master Livestock Agreement for us to purchase livestock from a third party; or (cd) the date on which you accept the amendment to this clause 1312.

Appears in 1 contract

Samples: Master Livestock Agreement

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