Manner and Timing of Payment. Each amount that becomes due and owing on the Bond purchased under this Agreement shall be paid when and as due, as provided in the Bond.
Manner and Timing of Payment. The Fees will be paid by BMO concurrently with delivery to Carrier of the Order and Payment thereof, in accordance with the same terms for payment as required by the applicable Order.
Manner and Timing of Payment. Any indemnification of the Buyer Indemnitees pursuant to this ARTICLE VIII or Section 5.9 shall be paid, no later than ten (10) days following the Final Resolution thereof, by wire transfer of immediately available funds from the Newpark Entities to an account or accounts designated by the applicable Buyer Indemnitees in writing. Any indemnification of the Newpark Indemnitees pursuant to this ARTICLE VIII or Section 5.9 shall be paid, no later than ten (10) days following the Final Resolution thereof, by wire transfer of immediately available funds from Buyer to an account or accounts designated by the applicable Newpark Indemnitees in writing.
Manner and Timing of Payment. Any Success Payment provided herein that is payable with respect to a Trigger Date that is not a Company Sale Date, will be paid by Company in cash or in shares of Common Stock (any such shares, “Subsequent Shares”), and the form of such payment, cash or Subsequent Shares, shall be determined solely by Company. Company shall notify Hospital of its election with regard to the form of payment of a Success Payment within [**] days after the applicable Trigger Date (the “Election Date”). Any Success Payment provided herein that is payable with respect to a Trigger Date that is a Company Sale Date, will be paid by Company solely in cash. Success Payments shall be made no later than [**] days after the applicable Trigger Date (the “Payment Date”); provided, however, that if Company is a Public Company and elects to pay a Success Payment in shares of Common Stock, then the following shall apply: [**].
Manner and Timing of Payment. Any indemnification of the Buyer Indemnitees pursuant to this Article IX or Section 6.4 shall be paid, no later than ten (10) days following the final determination thereof, by wire transfer of immediately available funds from the Sellers to an account or accounts designated by the applicable Buyer Indemnitees in writing. Any indemnification of the Seller Indemnitees pursuant to this Article IX shall be paid, no later than ten (10) days following the final determination thereof, by wire transfer of immediately available funds from the Buyer to an account or accounts designated by the applicable Seller Indemnitees in writing.
Manner and Timing of Payment. (a) Whenever the Committee shall direct the Trustee to make payment to a Participant, his Beneficiary, or his Surviving Spouse upon termination of the Participant's employment (whether by reason of retirement, death, disability or for other reasons), the Committee shall direct the Trustee to pay the Adjusted Balance of his Savings Account, Transfer Account, Xxxxxx Account, Intercraft Account, Levolor Account and Xxxxxxx Account, if any, and the vested portion of the Adjusted Balance of his Matching Contributions Account and Anchor Account, if any, to or for the benefit of the Participant, his Beneficiary, or his Surviving Spouse, in cash or wholly or partly in kind, in either of the following ways as the Participant (or, in the case of a deceased former Participant, his Beneficiary or Surviving Spouse) shall determine:
(i) In a lump sum, payable sixty days after termination of the Participant's employment with all Employers unless the Participant elects to defer payment until March 31 of the succeeding Plan Year; provided that distributions in kind shall be valued at the fair market value of the assets distributed on the date of such distribution; or
(ii) In installments payable in fixed and substantially equal monthly, quarterly, semi-annual or annual amounts, com- mencing sixty days after termination of the Participant's employment with all Employers, unless the Participant elects to defer commencement of payments until March 31 of the succeeding Plan Year; and continuing over a period not longer than the maxi- mum period permitted under paragraph (c) below; provided that distributions in kind shall be valued at the fair market value of the assets distributed on the date of such distribution. The Participant, or Beneficiary or Surviving Spouse, as the case may be, may increase the fixed amount of the installment payment previously elected, or may elect to have the remaining vested portions of the Adjusted Balance of the Accounts paid in a lump sum. Such election shall be effective as of the first day of any month if written notice is received by the Committee no later than the fifteenth day of the preceding month.
(b) Notwithstanding anything to the contrary in the Plan, and subject to subsection 7.5(d), if on the last day of the Plan Year corresponding to or following the date of a Participant's termination of employment, the total amount payable under paragraph (a), excluding amounts distributable from his Transfer Account, is $3,500 or less, such amou...
Manner and Timing of Payment. The payment provisions contained herein shall take precedence and govern over any contrary or inconsistent payment provisions in the Prime Contract. All requests for payment of any sort shall be due Subcontractor in the amount of 90% of the approved Work in place (the remaining 10% being held as retention until final payment) less (a) all previous payments under this Subcontract, (b) all charges for materials and services furnished by Contractor to Subcontractor, and (c) all other sums which Contractor shall be entitled to retain or deduct under this Subcontract. For the purpose of determining progress payments, Subcontractor shall furnish Contractor, with the signed Subcontract, a Schedule of Values satisfactory to Contractor and Owner. If Owner or Contractor disapproves of Subcontractor’s Schedule of Values, Contractor may establish a reasonable breakdown acceptable to the Owner that shall serve as the basis for all payments hereunder. Subcontractor further agrees that the schedule of values attached to the Application for Payment is for billing purposes only and does not in any way limit the scope of Work for this Subcontractor nor establish an actual cost for the activity. All requests for payment shall be prepared on the approved Subcontractor Application for Payment form attached hereto and all such requests for progress payments received in the field by the 20th day of the month will be paid within fourteen (14) days of Contractor’s receipt of payment from Owner for Subcontractor’s Work. Notwithstanding any other provisions of the Subcontract Documents, unless prohibited by applicable law, with respect to any and all payments requested or claimed to be due of any nature, Contractor’s actual, prior receipt of payment from the Owner for any such payment so requested by Subcontractor shall be an express condition precedent to Contractor’s and its surety’s obligation to pay Subcontractor any amount so requested or demanded, except if any such non- payment by the Owner is solely attributable to the breach of the Prime Contract by Contractor. Further conditions precedent to payment by Contractor to Subcontractor are: (i) approval of the Work for which payment is requested by Contractor, Architect, Owner, Owner’s Lender(s), if any, and any other funding entity; (ii) the receipt by Contractor of complete and accurate certified payroll and other legal compliance records and labor, material and equipment invoices if so required by the Contract Documents; and ...
Manner and Timing of Payment. Without limiting any of the matters provided elsewhere in this Agreement (including but not limited to any matters provided with greater specificity in any of the provisions referred to below in this Section 1.3) Paramount shall make the following payments and deliveries:
(i) at the Closing, Paramount shall pay to the applicable lenders, pursuant to customary payoff letters from such lenders, such amounts as shall be sufficient to fully repay the Closing Indebtedness, including any amounts owing under the Company’s existing credit facility with Bank of America (including with respect to the Company’s repurchase of shares from the estate of Xxxx Xxxxxxxxx) and amounts owing by ChemRx NJ to Xxxxx Xxxxx;
(ii) at the Closing, Paramount shall pay the Closing Cash Consideration (as defined in Section 1.4(b)) to the Sellers pro rata in accordance with the allocation shown on Exhibit A, by wire transfer of immediately available funds to bank accounts designated in writing by the Sellers to Paramount not less than three Business Days prior to the Closing;
(iii) at the Closing, Paramount shall deliver an aggregate of 1,000,000 shares of Paramount Common Stock to the New Jersey Sellers in accordance with the terms and provisions of the New Jersey Merger Agreement;
(iv) at the Closing, Paramount shall pay the Xxxxxx Xxxxx Payment in accordance with the Xxxxxx Xxxxx Payment Agreement;
(v) at the Closing, Paramount shall pay or fund the payment of the Xxxxxxx Buyout Amount in accordance with the Xxxxxxx Buyout Agreement;
(vi) Paramount shall pay the amounts of cash and deliver the numbers of shares specified in Section 1.8 at the time or times specified therein;
(vii) Paramount shall deliver the numbers of shares specified in Section 1.9(a) at the time or times specified therein;
(viii) Paramount shall deliver the numbers of shares specified in Section 1.9(b) at the time or times specified therein; and
(ix) Paramount shall deliver the numbers of shares required to be delivered pursuant to Section 1.10 at the time or times specified therein.
Manner and Timing of Payment. Xxxxxx, Xxxxxxxxxx and ALA shall make the ---------------------------- payments specified in paragraphs 1.1, 1.2 and 1.3 above as follows:
1.4.1 ALA shall convey to JDN Development upon the execution of this Agreement (the "Conveyance Date") good and marketable title to the Outparcels described in Exhibit F hereto, which are currently --------- estimated by the parties to have an aggregate fair market value of $887,716, by limited warranty deed, free and clear of any liens or encumbrances of any nature whatsoever, other than those in existence and of record as of the date of the conveyance of such Outparcels to ALA. The ALA Parties represent and warrant that they shall convey the Outparcels listed on Exhibit F free and clear of any such liens --------- or encumbrances (except for ordinary and customary utility easements and a contemplated condemnation action in connection with the widening of a road affecting the Opelika outparcel), and the failure to do so shall constitute a material breach of this Agreement. The current year's ad valorem property taxes on the Outparcels being conveyed subject to this paragraph shall be prorated as of the Conveyance Date.
1.4.2 On or before execution of this Agreement, ALA and JDN Development shall jointly engage Xxxxxxxx, Ball & Wise, or such other appraiser as the parties reasonably agree upon, to perform an appraisal of the tracts described in Exhibit F. All communications with and --------- instructions to the appraiser shall be jointly made with a representative of each party present. The appraisals shall be completed within forty-five (45) days following execution of this Agreement, and a copy furnished to the parties. If the appraisals result in an aggregate value of at least 10% greater or less than $887,716, either party shall have the right, at its expense, to require the retention of a second appraiser in accordance with the following procedure:
(a) Notice of intention to engage a second appraiser shall be given in writing within three (3) days of the complaining party's receipt of the first appraisal.
(b) The second appraiser shall be jointly selected by the parties from a list of three (3) appraisers provided by the first hired appraiser and shall be hired within five (5) days of the notice provided for in subsection (a).
(c) The second appraiser shall receive instructions identical to and in the same manner as those furnished the first appraiser, and shall complete his or her work within forty-five (45) days...
Manner and Timing of Payment. The Landowner and the Share Farmer set out in Table 11 of This Agreement in accordance with Clause 62 of This Agreement the agreed type, date, and manner of the payment to the other party of the appropriate proportion of EU/Government supports etc. and time period within which such payment will be made by the party receiving an EU/Government support etc. referred to in Table 10B
