Monthly Reconciliation. Xxxxxxxx agrees that, as of the date of this Agreement, the Daily Amount represents the Parties’ best estimate of the amount of Future Receipts that Purchaser is entitled to collect each Business Day based on the Monthly Percentage. Xxxxxxxx agrees that it is impossible for Purchaser to know the exact amount of Xxxxxxxx’s Future Receipts in any given calendar month without first obtaining such information from Merchant. Xxxxxxxx therefore agrees that it is Xxxxxxxx’s sole responsibility to notify Purchaser if the total Daily Amounts collected by or delivered to Purchaser for any given calendar month exceed the Monthly Percentage generated for that calendar month (“Overage”) by sending the complete bank statement for the Approved Account for that calendar month and any other information with respect to Merchant’s business that Purchaser may reasonably require to Purchaser’s designated email address (xxxxxxxxxxxxxx@xxxxxxxxxxxxxxxx.xxx) (the “Designated Email”) by the 15th day of the following month (“Reconciliation Notice”). If Merchant provides a timely Reconciliation Notice to Purchaser at the Designated Email, and Purchaser determines there is an Overage, within ten (10) business days of the Reconciliation Notice, Purchaser will reconcile Merchant’s Approved Account by initiating an ACH credit to the Approved Account in an amount equal to the Overage (“Monthly Reconciliation”). If Merchant does not provide a timely Reconciliation Notice to the Designated Email, Merchant will have waived its rights to any Monthly Reconciliation for that calendar month.
Monthly Reconciliation. (a) Except as set forth in Section 7.07(b), on each Business Day during each Due Period that Principal Collections are received in the Principal Collection Account with respect to any Loan in the Loan Pool, the Servicer will determine the Outstanding Loan Balance and the principal amount of the portion of such Loan not owned by the Issuer (if any) with respect to such Loan.
(b) Prior to (i) a payment default on the related Loan (and in the case of Asset Based Revolvers, a payment default shall mean any failure to make a payment on the date such payment is due and such failure continues for more than one calendar day), (ii) a Servicer Default, (iii) an Event of Default or (iv) an Accelerated Amortization Event, on each Monthly Reconciliation Date, the Servicer will determine the Outstanding Loan Balance and principal amount of the portion of such Loan owned by the Originator, its Affiliate special purpose entities under the Warehouse Facilities and any co-lenders under the related facility (if any) with respect to each Revolving Loan secured by Collateral (but specifically excluding any Revolving Loan that is not secured by any Collateral) in the Loan Pool, and on and as of such date will determine the net effect of the Principal Collections received from, and payments from the Principal Collection Account representing new advances made to, the related Obligor during such Due Period. Notwithstanding the foregoing, the Servicer will maintain the underlying data of all Principal Collections received and payments or advances made with respect to any Revolving Loan secured by Collateral from the Principal Collection Account on each day during each Due Period, and shall make such underlying data available pursuant to and in accordance with the provisions of Section 9.03.
Monthly Reconciliation. Actual volumes of Barrels throughput across the Berths are to be determined Monthly, based upon Marine Vessel deliveries, Marine Vessel receipts and Pipeline transfers during that Month and credited towards the Minimum Marine Throughput Volume in such Month. A Marine Vessel’s cargo will apply to the Month in which loading and unloading is completed, provided that if a cargo is unable to be loaded or unloaded in the Month in which loading or unloading was scheduled due to the failure of Operator to perform as scheduled, then the Parties shall negotiate in good faith to determine the appropriate Month in which to credit receipt of such cargo. The Shortfall Credit shall be credited as follows:
(i) The dollar amount of any Shortfall Credit included in the Monthly invoice will be posted as a credit to Customer’s account and may be applied against amounts owed by Customer for volumes in excess of the Minimum Marine Throughput Volume and/or the Minimum Pipeline Throughput Volume during any of the succeeding three (3) Months; and
(ii) Any portion of the Shortfall Credit that is not used by Customer during the succeeding three (3) Months will expire at the end of said three (3) Month period relating to the respective credit and be reset to zero.
Monthly Reconciliation. On or before the 120th day after the last day of each calendar month, Mesa shall submit to AWA a statement of the actual Guaranteed Non-Maintenance Costs (using for each monthly statement the applicable Guaranteed Non-Maintenance Costs Caps), the Guaranteed Maintenance Costs and Actual Costs incurred by Mesa (the “Incurred Costs”) and payable by AWA for such calendar month (the “Incurred Costs Statement”). If the Estimated Costs paid by AWA in any calendar month exceed the Incurred Costs in any calendar month, then Mesa, together with the Incurred Costs Statement for such calendar month, shall reimburse AWA the amount by which the Estimated Costs paid by AWA exceeded the Incurred Costs. If the Incurred Costs in any calendar month exceed the Estimated Costs paid by AWA in any calendar month, then AWA, subject to the rights and procedures set forth in Section 7.8, within 45 days after receipt of the Incurred Costs Statement, shall reimburse and pay to Mesa the amount by which the Incurred Costs exceed the Estimated Costs paid by AWA for the subject calendar month.
Monthly Reconciliation. (i) On or before the twenty-fifth (25th) day of the month, SEABRIDGE shall make an interim settlement based on the information then available of such Production Royalty for the prior calendar month, either in cash or in kind, whichever is applicable, by paying (1) not less than one hundred percent (100%) of the anticipated final settlement of Precious Metals "in kind" Production Royalty payments and (2) not less than ninety-five percent (95%) of the anticipated final
(ii) The parties recognize that a period of time exists between the production of ore, the production of dore or concentrates from ore, the production of refined or finished product from dore or concentrates, and the receipt of Payor's statements for refined or finished product. As a result, the payment of Production Royalty will not coincide exactly with the actual amount of refined or finished product produced from the Property for the previous month. SEABRIDGE will provide final reconciliation promptly after settlement is reached with the Payor for all lots sold or subject to other disposition in any particular month. (iii) In the event that NEWMONT and/or TOTAL has been underpaid for any provisional payment (whether in cash or "in kind"), SEABRIDGE shall pay the difference in cash by check and not "in kind" with such payment being made at the time of the final reconciliation. If NEWMONT and/or TOTAL, as the case may be, has been overpaid in the previous calendar quarter, NEWMONT and/or TOTAL, as the case may be, shall make a payment to SEABRIDGE of the difference by check. Reconciliation payments shall be made on the same basis as used for the payment in cash pursuant to section 9(c)(ii) hereof.
Monthly Reconciliation. Within thirty (30) days after the end of each calendar month, Servicer (and, until completion of the Integration, SuperMedia) shall submit for review and approval by each Client Company a written statement of such Client Company’s Charges and Allocated Share of the reimbursement of Stewardship Costs (and, with respect to SuperMedia, SuperMedia’s credit for the amount set forth in Section 5(b)) for such prior month. This monthly reconciliation statement shall include the following information for the relevant period: (i) Charges for Services as described in Section 3; (ii) daily cash settlement amounts as described in Section 5(a); (iii) Services that have not yet been paid in cash by Servicer (or, until completion of the Integration, SuperMedia); (iv) Stewardship Cost reimbursement amounts as described in Section 4; (v) credit given for costs paid by such Client Company pursuant to Section 5(b) (if applicable); and (vi) overpayment or underpayment amounts as defined in Section 5(d). Client Companies shall not reimburse Servicer or (until completion of the Integration) SuperMedia for Charges that have not resulted in actual cash disbursements until such time as the Charges have been paid by Servicer. Solely with respect to SuperMedia, until completion of the Integration, the excess of SuperMedia’s Charges and Allocated Share of the reimbursement of Stewardship Costs over SuperMedia’s credit for the amount set forth in Section 5(b) shall be transferred from SuperMedia to Servicer (if such difference is positive) or from Servicer to SuperMedia (if such difference is negative) within thirty (30) days after the end of each calendar month.
Monthly Reconciliation. At the end of each Month, TLO will calculate the total fees that TRMC incurred for shipments on the Short Haul Pipelines during such Month as follows:
(i) the Transportation Fee owed by TRMC for actual barrels shipped during such Month; less
(ii) any applicable Credits, provided, however, that the Credits applied in any Month shall not exceed the amount of Transportation Fees allocable for such Month to Excess Barrels; plus
(iii) any applicable Shortfall Payment for such Month; plus
(iv) any monthly surcharges payable for such Month pursuant to Section 5(c).
Monthly Reconciliation. (a) Bank shall on a monthly basis, within ten (10) Business Days after the end of each month, compare the actual amount of the Holdback at month end to an amount equal to twenty percent (20%) of the Principal Accounts Receivable Balance at month end (such 20% amount being referred to herein ANY TEXT REMOVED PURSUANT TO THE COMPANY'S CONFIDENTIAL TREATMENT REQUEST HAS BEEN SEPARATELY SUBMITTED WITH THE U.S. SECURITIES AND EXCHANGE COMMISSION AND IS MARKED [***] HEREIN. as the "Reconciliation Amount"). If the actual amount of the Holdback plus any amount charged to the Holdback by Bank in accordance with subsection 11.4 is greater than the Reconciliation Amount, then Bank will pay such excess amount to Spiegel Group within three (3) Business Days. If the actual amount of the Holdback plus any amount charged to the Holdback by Bank in accordance with subsection 11.4 is less than the Reconciliation Amount, then Bank shall have the right to offset the amount of the deficit against the Net Proceeds until such deficit is obtained by Bank.
(b) Provided, however, that if (i) the Trigger Event in subsection 11.4(a)(i) has occurred; or (ii) the Trigger Event in subsection 11.4(a)(ii) has occurred and was not caused solely as a result of Bank's default under the terms of such funding facility (but not including Bank's inability to secure funding at the end of the term of its initial Plan funding if Spiegel Group has not emerged from its pending bankruptcy); or (iii) the Trigger Event in subsection 11.4(a)(iii) has occurred, then Bank shall, for purposes of future monthly comparisons pursuant to subsection 11.2(a) above freeze the Reconciliation Amount at the dollar amount equal to twenty percent (20%) of the Principal Accounts Receivable Balance on the month end date preceding the date on which the condition was met. In the event the Trigger Event causing such freeze is pursuant to subsection 11.4(a)(iii), then Bank will freeze the Reconciliation Amount for a period of eighteen (18) months after the date such Trigger Event occurred, and thereafter will resume utilizing the Reconciliation Amount determined pursuant to subsection 11.2(a)
(c) In addition Bank will adjust the amount of the Holdback to account for receivables generated from Debt Cancellation Products and Enhancement Marketing Services, by reducing the Principal Accounts Receivable Balance by a percentage equal to the total charges for Debt Cancellation Products and Enhancement Marketing Services divided by...
Monthly Reconciliation. At the end of each Month, TRMC will provide Operator with reasonably detailed information concerning for all fees, costs and expenses for which reimbursements are due hereunder. Within five (5) days thereafter, Operator will calculate the total fees and reimbursements due by either Party to the other Party pursuant to Section 5 above.
Monthly Reconciliation. (i) On or before the 25th day of the month, Grantor shall make an interim settlement based on the information then available of such Royalty, either in cash or in kind, whichever is applicable, by paying (A) not less than one hundred percent (100%) of the anticipated final settlement of Precious Metals in kind Royalty payments and (B) not less than ninety-five percent (95%) of the anticipated final settlement of cash Royalty payments.
(ii) The parties recognize that a period of time exists between the production of ore, the production of doré or concentrates from ore, the production of refined or finished product from doré or concentrates, and the receipt of Payor’s statements for refined or finished product. As a result, the payment of Royalty will not coincide exactly with the actual amount of refined or finished product produced from the Property for the previous month. Grantor will provide final reconciliation promptly after settlement is reached with the Payor for all lots sold or subject to other disposition in any particular month.
(iii) In the event that Newmont has been underpaid for any provisional payment (whether in cash or in kind), Grantor shall pay the difference in cash by check and not in kind with such payment being made at the time of the final reconciliation. If Newmont has been overpaid in the previous calendar quarter, Newmont shall make a payment to Grantor of the difference by check. Reconciliation payments shall be made on the same basis as used for the payment in cash pursuant to Section 4(a)(ii).
