Final True-Up. Within 20 days of the end of the fourth calendar month following the Effective Time (June 20), Big Planet shall provide I-Link with a final schedule indicating which of the Accounts Receivable have been collected and the Collected Amount through the end of the fourth calendar month. If the Collected Amount is less than the Initial Payment, I-Link shall within 15 days pay to Big Planet a sum equal to the difference between (a) [Amounts Redacted], and (b) [Amounts Redacted]. If the Collected Amount exceeds the amount of the Total Payments, then Big Planet shall within 15 days thereafter pay to I-Link a sum equal to the difference between (a) the Collected Amount and (b) the sum of the Total Payment. Big Planet shall be entitled to keep all sums collected on the Accounts Receivables after the end of the fourth calendar month from the Effective Time without any further payment to I-Link; provided, however, I-Link shall have the right to require Big Planet to assign back to I-Link all Accounts Receivable that have not been collected as of the end of the fourth calendar month for no additional consideration.
Final True-Up. During 2037, the company shall petition the Commission to true up the total amount recovered for the CETM through the end of 2036 so the total amount of costs recovered from the CETM equals the annual $68,550,000 specified above as adjusted for actual dismantlement costs in subparagraph (e), overall rate of return in subparagraph (f), and any corporate income tax changes in subparagraph (g), above. The total true-up amount shall be credited or debited to the ECCR (or another clause if there is no ECCR in 2037) in conjunction with the 2036 true-up filing in 2037. This true-up shall also be designed to adjust for any over- or under-recovery of the revenue requirement applicable to the 15th year of the CETM.
Final True-Up. Within the later of (a) sixty (60) days after the Closing Date or (b) thirty (30) days after Seller delivers the Updated Closing Balance sheet, workpapers and other supporting information required pursuant to Section 5.1.3 to Buyer, Buyer shall prepare and deliver to Seller for its review, audit, and approval a final reconciliation of the Updated Closing Date Balance Sheet, together with worksheets that show in reasonable detail any adjustments and the basis of any adjustments to the Updated Closing Balance Sheet ("Final Balance Sheet"). Within five (5) Business Days after agreement by Seller and Buyer regarding the Final Balance Sheet, (i) if the Working Capital shown on the Final Balance Sheet ("Final Closing Working Capital") exceeds the Estimated Closing Working Capital by an amount greater than $50,000, Buyer shall pay to Seller such amount of cash as is necessary to cause the total amount of consideration received by or paid by Seller to equal the amount that would have been received by or paid by Seller at Closing if the Final Closing Working Capital (in lieu of the Estimated Closing Working Capital) had been used to determine payments, or (ii) if the Estimated Closing Working Capital exceeds the Final Closing Working Capital by an amount greater than $50,000, Seller shall pay to Buyer such amount of cash as is necessary to cause the total amount of consideration received by or paid by Seller to be equal to the amounts that would have been received by or paid by Seller if the Final Closing Working Capital (in lieu of the Estimated Closing Working Capital) had been used at Closing to determine payments. The Final Closing Working Capital and all adjustments to the Estimated Closing Working Capital will be computed without regard to any differences between the Closing Date Balance Sheet and the Final Balance Sheet to the extent that they are attributable to Cerritos Corporate Center Owner.
Final True-Up. A final true-up of the Ownership Interests of each Participant (the “Final True-Up”) will take place as soon as practicable following completion of all “punch- list” items for the AQCS Project and payment by Wolverine of all amounts owing under the EPC Agreement or otherwise for final completion of the AQCS Project.
(a) At the Final True-Up:
(i) all amounts used in connection with the Final Adjustment to calculate the Participants’ respective Ownership Interests shall be revised, if appropriate, to reflect such actual amounts as well as to reflect additional amounts of AQCS Costs of Construction expended by Wolverine for final completion of the AQCS Project.
(ii) The Participants will deliver to one another, and record in such real property records as appropriate, such accountants’ certificates, affidavits and other documents and papers as shall be specified in Schedule 4.3(a)(ii) of this Agreement for the determination and vesting, as of the Final True-Up date, of their respective percentage Ownership Interests in the Plant.
(iii) All transfers of property and vesting of interests at the Final True- Up shall be free and clear of all Liens and claims except to the extent such Liens or claims are Permitted Encumbrances; provided, however, that this requirement will be a continuing obligation of the respective Participants but is not a condition that would prevent the Final True- Up from being completed. Each Participant failing to meet the requirements of this clause shall use its Reasonable Best Efforts, at its sole expense, to cause the removal of such Liens and claims as promptly as is practicable after the Final True-Up.
(iv) At Final True-Up, WEPCo shall calculate the difference between Wolverine’s Ownership Interest in the Plant as of the Final Adjustment and as of the Final True- Up by subtracting Wolverine’s Ownership Interest in the Plant as of the Final Adjustment from Wolverine’s Ownership Interest in the Plant as of the Final True-Up (the “Final True-Up Factor”). If the Final True-Up Factor is a positive number, then WEPCo shall deliver to Wolverine an invoice (“Final True-Up Invoice”) that sets forth in reasonable detail (together with reasonable supporting documentation) (a) (x) the Plant Inventory Costs as of the Final True- Up plus (y) the cost of all prepaid services as of the Final True-Up date multiplied by (b) the Final True-Up Factor, and Wolverine shall remit payment in immediately available funds to WEPCo at the Final True-Up for such...
Final True-Up. At the of the term of the last active Customer Renewable Resource, Company will calculate a final Annual True-Up and apply that amount proportionally to each Enrolled Meter based on the total usage over the final True-Up Period at each Enrolled Meter, which amount shall be billed in twelve equal installments in Billing Periods following the final Annual True-Up.
Final True-Up. The final true-up of the final year of the Initial Term or Extension Term, as applicable, will be applied to the October payment. If the foregoing true-ups do not result in Concessionaire recouping 100% of New Qualified CapEx by the end of the Term, then the MTA will send Concessionaire a check in the amount of the unrecouped portion of New Qualified CapEx.
Final True-Up. Within [**] months of the end of the last calendar year during the Royalty Term in which fees are payable to Supernus pursuant to this Section 4, Ascent and the Designated Distributor shall perform a “true-up” reconciliation (and shall provide Supernus with a written report of such reconciliation) of the items comprising deductions from Net Sales for returns. The reconciliation shall be based on actual cash paid or credits issued for returns, through the [**] month period following the termination of the Royalty Term. If the foregoing reconciliation report shows either an underpayment or an overpayment between the Parties, the Party owing payment to the other Party shall pay the amount of the difference to the other Party within [**] days of the date of delivery of such report.
Final True-Up a. On or before the date that is sixty (60) days after Final Completion, Landlord shall determine the final actual Allowable Construction Costs (“Actual Cost” or “Actual Costs”) along with Landlord’s proposed calculation of the monthly Base Rent based on Section 11(b) below, based on (without duplication) the actual amounts expended or incurred for the Allowable Construction Costs, or as otherwise agreed to by Landlord and Tenant pursuant to the change order process set forth in this Work Letter. Landlord shall provide written notice to Tenant of its determination of Actual Costs and monthly Base Rent (“Actual Cost Notice”). In the event that Xxxxxx, following a review of Landlord’s calculations of the Actual Cost and the open book records as set forth in this Work Letter, disagrees with Xxxxxxxx’s determination of the Actual Cost, then within thirty
Final True-Up. Upon the occurrence of a Final True Up Event (the date of such occurrence, the "Final True-Up Date"), each of the Primary Benefited Parties shall promptly, but in any event within ten Business Days of receipt of a Final True-Up Notice, notify the Collateral Agent of the amount of principal outstanding of its respective Principal Benefited Obligation and its outstanding Make-Whole Original Obligations, if any, on such Final True-Up Date. Based upon such notices, the Collateral Agent shall determine (i) the total aggregate amount of the Principal Benefited Obligations (the "Final Principal Obligations") and (ii) the percentage (rounded to the closest thousandth) that each Primary Benefited Party's Principal Benefited Obligation represents of the Final Principal Obligations (the "Final True-Up Percentages"
Final True-Up. Within [**] months after the end of the last calendar year during the Term in which fees are payable to MDCO pursuant to this Section 4, APP shall perform a “true-up” reconciliation (and shall provide MDCO with a written report of such reconciliation) of the items comprising deductions from Net Sales for returns as outlined in Section 1.60.3. The reconciliation shall be based on actual cash paid or credits issued for returns, through the [**] month period following the termination of the Supply Term. If the foregoing reconciliation report shows either an underpayment or an overpayment between the Parties, the Party owing payment to the other Party shall pay the amount of the difference to the other Party within [**] days of the date of delivery of such report.
