Funding of Expenses Sample Clauses

Funding of Expenses. Amounts equal to the cost of publishing the Notice and other Class Administration Costs are to be paid within thirty (30) days of when such amounts are invoiced to Virgin Scent, along with wire instructions and other required documentation and become due and owing. Virgin Scent and/or its Insurers are not required to advance costs for claims validation or other claims processing related costs until such time such costs are actually incurred. These amounts shall be subtracted from the Aggregate Settlement Fund to calculate the Net Aggregate Settlement Fund.
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Funding of Expenses. The Parties agree that Service Recipient will accrue for and pay its direct expenses related to the Service Recipient Business, including, without limitation, licensing, registration fees, taxes, surety bonds, legal fees, auditing fees and other outside vendors with whom Service Recipient contracts; and the expense allocation payable under Exhibits A, B, C, and D hereto. Service Provider further agrees that it will apportion or chargeback any expenses at the end of each month, or any other applicable billing period, and will not true up any such expenses to Service Recipient at the end of any fiscal year.
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Funding of Expenses. 14 4.14 Chapter 11 Cases Assistance..................................... 15 4.15 Right to Participate in First Public Offering................... 15
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Funding of Expenses. From and after the Closing Date, New Globalstar shall pay all reasonable costs and expenses of the Debtors in connection with the administration of the Chapter 11 Cases (including all allowed Claims for administrative expenses payable in cash), any conversion of the Chapter 11 Cases to a liquidation under Chapter 7 of the Bankruptcy Code or any such liquidation and other winding up of the Debtors in accordance with the budget with respect to such costs and expenses attached hereto as Exhibit 4.13 (the "Approved Post-Closing Budget"). The Approved Post-Closing Budget may be updated from time to time by the Debtors, subject to approval of such updates by Investor, which approval shall not be unreasonably withheld or delayed. Investor and the Debtors shall each have standing to object to the reasonableness of costs and expenses reflected in such updates in accordance with the Bankruptcy Code and the procedures of the Bankruptcy Court. In the event that a plan of reorganization is unable to be confirmed solely as a result of the nonpayment of Claims (including, without limitation, administrative expense Claims) in a manner consistent with the requirements of Section 1129(a)(9) of the Bankruptcy Code associated with the Chapter 11 Cases as a result of disputes with respect to updates to the Approved Post-Closing Budget, New Globalstar will promptly register the distribution of the Class A Shares to creditors of the Debtors under the Securities Act of 1933 and pay all reasonable costs and expenses relating thereto.
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Funding of Expenses. (a) MgmtCo will continue to operate consistent with current practice (operations, staffing and expenses) for the purpose of performing its obligations under the Fund II Investment Advisory Agreement (and Broadpoint agrees to fund MgmtCo for such operations, subject to the provisions below) through the date (the “Cut-Off Date”) that is the earlier to occur of the following dates (i) the Trigger Date and (ii) December 31, 2008. The parties expect that MgmtCo will operate consistent with a budget agreed upon by the parties attached hereto as Exhibit C, and NewCo will provide Broadpoint with monthly reports outlining actual results as compared to the budget as soon as practicable after the end of each month. In addition, MgmtCo will provide NewCo with bridge funding for reasonable out-of-pocket legal, travel and other expenses incurred by NewCo prior to the Cut-Off Date in connection with the organization and marketing of Fund III (“Fund-Related Expenses”); consistent with the budget agreed upon by the parties attached hereto as Exhibit D, and NewCo will provide Broadpoint with monthly reports outlining actual results as compared to budget as soon as practicable after the end of each month. It is contemplated that the expenses to be borne by MgmtCo pursuant to this Paragraph 8(a) will principally be funded out of the management fees payable to Mgmt Co under the Fund II Investment Advisory Agreement.
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Funding of Expenses. Notwithstanding Paragraphs 5, 6 and 7, the ----------------------- Stockholders' Representative may in any Allocation Notice instruct the Escrow Agent to transfer to the Stockholders' Representative a number of Merger Consideration Escrow Shares specified in the Allocation Notice, to be sold by the Stockholders' Representative to provide funds for any or all of the following purposes (the "Expense Funding Shares"); and shall mandatorily include in the Allocation Notice for the First Release Period, after taking into account the Merger Consideration Escrow Shares to be transferred to the Stockholders' Representative pursuant to Paragraph 5(a) as agent for Incentive Plan Participants, which shall have priority, the number of Merger Consideration Escrow Shares to be sold to provide funds to pay the amounts in subpararaphs (d) and (e):
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Related to Funding of Expenses

  • Advance of Expenses The Company shall advance all Expenses incurred by or on behalf of Indemnitee in connection with any Proceeding to which Indemnitee is, or is threatened to be, made a party or a witness, within ten days after the receipt by the Company of a statement or statements from Indemnitee requesting such advance or advances from time to time, whether prior to or after final disposition of such Proceeding. Such statement or statements shall reasonably evidence the Expenses incurred by Indemnitee and shall include or be preceded or accompanied by a written affirmation by Indemnitee of Indemnitee’s good faith belief that the standard of conduct necessary for indemnification by the Company as authorized by law and by this Agreement has been met and a written undertaking by or on behalf of Indemnitee, in substantially the form attached hereto as Exhibit A or in such form as may be required under applicable law as in effect at the time of the execution thereof, to reimburse the portion of any Expenses advanced to Indemnitee relating to claims, issues or matters in the Proceeding as to which it shall ultimately be established that the standard of conduct has not been met and which have not been successfully resolved as described in Section 5. To the extent that Expenses advanced to Indemnitee do not relate to a specific claim, issue or matter in the Proceeding, such Expenses shall be allocated on a reasonable and proportionate basis. The undertaking required by this Section 6 shall be an unlimited general obligation by or on behalf of Indemnitee and shall be accepted without reference to Indemnitee’s financial ability to repay such advanced Expenses and without any requirement to post security therefor.

  • Mandatory Advancement of Expenses Subject to Section 8(a) below, the Company shall advance all expenses incurred by the Indemnitee in connection with the investigation, defense, settlement or appeal of any proceeding to which the Indemnitee is a party or is threatened to be made a party by reason of the fact that the Indemnitee is or was an agent of the Company. Indemnitee hereby undertakes to repay such amounts advanced only if, and to the extent that, it shall be determined ultimately that the Indemnitee is not entitled to be indemnified by the Company as authorized hereby. The advances to be made hereunder shall be paid by the Company to the Indemnitee within twenty (20) days following delivery of a written request therefor by the Indemnitee to the Company.

  • Repayment of Expenses Indemnitee shall reimburse the Company for all reasonable expenses paid by the Company in defending any Proceeding against Indemnitee in the event and only to the extent that it shall be ultimately determined that Indemnitee is not entitled to be indemnified by the Company for such expenses under the provisions of this Agreement.

  • Payment of Expenses The Company hereby agrees to pay, to the extent not paid at Closing, all Company expenses incidental to the performance of the obligations of the Company under this Agreement, including but not limited to (i) the Company’s legal and accounting fees and disbursements, (ii) the preparation, printing, filing, mailing and delivery (including the payment of postage with respect to such mailing) of the Registration Statement, the Preliminary Sale Prospectus and the Prospectus, including any pre or post effective amendments or supplements thereto, and the printing and mailing of this Agreement and related documents, including the cost of all copies thereof and any amendments thereof or supplements thereto supplied to the Underwriters in quantities as may be required by the Underwriters, (iii) fees incurred in connection with conducting background checks of the Company’s management team, up to a maximum of $2,000 per principal or $20,000 in the aggregate, (iv) the preparation, printing, engraving, issuance and delivery of the Units, the Common Stock and the Warrants included in the Units, including any transfer or other taxes payable thereon, (v) filing fees incurred in registering the Offering with FINRA and the reasonable fees of counsel to the Representative not to exceed $15,000 in connection therewith, (vi) fees, costs and expenses incurred in listing the Securities on Nasdaq or such other stock exchanges as the Company and the Representative together determine, (vii) all fees and disbursements of the transfer and warrant agent, (viii) all of the Company’s expenses associated with “due diligence” and “road show” meetings arranged by the Representative and any presentations made available by way of a netroadshow, including without limitation trips for the Company’s management to meet with prospective investors, all travel, food and lodging expenses associated with such trips incurred by the Company or such management; (ix) $100,000 to Odeon for its services and expenses as the QIU; and (x) all other costs and expenses customarily borne by an issuer incidental to the performance of its obligations hereunder which are not otherwise specifically provided for in this Section 3.10. If the Offering is consummated, the Representative may deduct from the net proceeds of the Offering payable to the Company on the Closing Date the expenses set forth above (which shall be mutually agreed upon between the Company and the Representative prior to Closing) to be paid by the Company to the Representative and others. If the Offering is not consummated for any reason (other than a breach by the Representative of any of its obligations hereunder), then the Company shall reimburse the Representative in full for its out-of-pocket accountable expenses actually incurred through such date, including, without limitation, reasonable fees and disbursements of counsel to the Representative.

  • Mandatory Payment of Expenses Notwithstanding any other provision of this Agreement other than Section 10 hereof, to the extent that Indemnitee has been successful on the merits or otherwise, including, without limitation, the dismissal of an action without prejudice, in defense of any Claim, Indemnitee shall be indemnified against all Expenses incurred by Indemnitee in connection therewith.

  • Advance Payment of Expenses To the fullest extent permitted by the DGCL, expenses (including attorneys’ fees) incurred by Indemnitee in appearing at, participating in or defending any action, suit or proceeding or in connection with an enforcement action as contemplated by Section 3(e), shall be paid by the Company in advance of the final disposition of such action, suit or proceeding within 30 days after receipt by the Company of a statement or statements from Indemnitee requesting such advance or advances from time to time. The Indemnitee hereby undertakes to repay any amounts advanced (without interest) to the extent that it is ultimately determined that Indemnitee is not entitled under this Agreement to be indemnified by the Company in respect thereof. No other form of undertaking shall be required of Indemnitee other than the execution of this Agreement. This Section 2 shall be subject to Section 3(b) and shall not apply to any claim made by Indemnitee for which indemnity is excluded pursuant to Section 6.

  • Prepayment of Expenses The Company shall pay the expenses (including attorneys’ fees) actually and reasonably incurred by an Indemnified Person in connection with any Proceeding in advance of its final disposition; provided, however, that such payment of expenses in advance of the final disposition of the Proceeding shall be made only upon receipt of an undertaking by the Indemnified Person to repay all amounts advanced if it should be ultimately determined that the Indemnified Person is not entitled to be indemnified under this Section 8.1 or otherwise.

  • Allocation of Expenses The provisions of this Section shall not affect any agreement that the Company and the Selling Shareholders may make for the sharing of such costs and expenses.

  • Reimbursement of Expenses The Company shall reimburse Executive, upon presentation of proper expense statements, for all authorized, ordinary and necessary out-of-pocket expenses reasonably incurred by Executive during the Term in connection with the performance of his services pursuant to this Agreement hereunder in accordance with the Company’s expense reimbursement policy.

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