Monthly Settlement Statement Sample Clauses

Monthly Settlement Statement. On the date any amounts are to be transferred pursuant to Section 5.5, LINN shall submit to Xxxxx a “Monthly Settlement Statement” prepared substantially in the form of Exhibit C, calculating the Current Month Settlement, to the extent any such amount has not previously been accounted for in a prior Current Month Settlement or under this Agreement or otherwise accounted for prior to the Effective Date between the Parties. The
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Monthly Settlement Statement. No later than thirty (30) days after the Subhauler submits proper, fully signed and complete Load Documentation as required herein, the Prime Carrier will prepare a monthly settlement statement covering, and submit payment for, the transportation services performed by Subhauler under this Agreement. The monthly settlement statement shall be deemed final and binding on Subhauler, unless written notice of any alleged underpayment or overcharge is provided to the Prime Carrier within ten (10) calendar days after receipt thereof by Xxxxxxxxx. Cashing or otherwise negotiating a check accompanying a monthly settlement statement coupled with a failure to provide written notice of any alleged underpayment or overcharge shall constitute and be deemed a complete waiver by Subhauler of any and all claims of underpayment or overcharge or rights to additional compensation due for such transportation services. Xxxxxxxxx agrees that Prime Carrier has the exclusive right to handle all billing of freight charges to the Customer for the transportation services provided herein, and, as such, Xxxxxxxxx agrees to refrain from all collection efforts against the shipper, receiver, or the Customer. Subhauler shall not withhold any goods of the Customer on account of any dispute as to rates or any alleged failure of Prime Carrier to pay charges incurred under this Agreement. Subhauler is relying upon the general credit of Prime Carrier and hereby waives and releases all liens which Subhauler might otherwise have to any goods of Customer in the possession or control of Subhauler.
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Monthly Settlement Statement. On the date any amounts are transferred pursuant to Section 5.1, Rosetta shall submit to Sellers a “Monthly Settlement Statement” prepared by Rosetta substantially in the form of Annex 5.2 attached hereto, calculating the Current Month Settlement for each calendar month for which payment is being made, to the extent any such amount has not previously been accounted for as to the Transferred Properties, the Cured Non-Consent Properties, the Non-Consent Properties and the Excluded Properties. The Current Month Settlement shall be calculated as the: (a) Net Revenue Interest share of all revenues (less severance and production taxes allocable to the Party to be paid under the Purchase and Sale Agreement or the Transfer Agreement and paid by or on behalf of the other Party) attributable to the sale of production from the Transferred Properties, the Cured Non-Consent Properties, the Non-Consent Properties and the Excluded Properties subsequent to the Effective Time and received by the other Party: (i) Prior to the last day of any given month, as set forth in Section 5.1, if received from an Affiliate of Sellers, or (ii) During the prior monthly accounting cycle, if received from a third person; (b) less, the Working Interest share of all direct operating expenses paid by Sellers for Rosetta’s account or by Rosetta for Sellers’ account, during the prior monthly accounting cycle for operations subsequent to the Effective Time (with respect to Properties operated by third persons, such direct operating expenses shall include XXXXX charges); (c) plus, XXXXX credits received by Sellers during the prior monthly accounting cycle from other owners for Rosetta-operated Transferred Properties and Cured Non-Consent Properties for operations subsequent to the Effective Time; (d) less, the Working Interest share of all capital expenditures paid by Sellers for Rosetta’s account during the prior monthly accounting cycle related to the Transferred Properties and Cured Non-Consent Properties for operations on or after the Effective Time; (e) less, the Working Interest share of all bonuses, lease rentals, shut-in payments and other charges paid by Sellers on behalf of Rosetta or by Rosetta on behalf of Sellers with respect to Transferred Properties, the Cured Non-Consent Properties, and the Excluded Properties during the prior monthly accounting cycle which became due and payable on or after the Effective Time; (f) less, the Service Fee, as applicable; and (g) plus or less, such ...
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Monthly Settlement Statement. On each Monthly Settlement Statement Date, the Servicer shall, prior to 12:00 noon (Atlanta time), deliver to the Company and the Agent, the Monthly Settlement Statement for the preceding fiscal month certified by a Financial Officer, and the Agent shall forward a copy of such Monthly Settlement Statement to the Lenders; provided, however, that if a "system failure" or other similar technical failure shall occur in the operations of the Servicer that produce data included in the Monthly Settlement Statement, such Monthly Settlement Statement shall be prepared and provided to the Company and the Agent within two Business Days of the date such Monthly Settlement Statement was otherwise required to the prepared and provided to the Company and the Agent.
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Monthly Settlement Statement. The Servicer shall on each Determination Date, by 12:00 Noon (New York City time), prepare and deliver to the Issuer, the Seller, the Indenture Trustee, each Rating Agency and Bear Steaxxx, xxe Monthly Settlement Statement for the related Settlement Period substantially in the form of Exhibit B to this Agreement, certified by a Financial Officer of the Servicer; provided that, with respect to any Monthly Settlement Statement, if a Force Majeure or a "system failure" or other similar technical failure in the operations of the Servicer shall occur that prevents the preparation or delivery of any Monthly Settlement Statement, a Monthly Settlement Statement containing all information for each day required to be included therein shall be prepared and delivered to the Issuer, the Seller and the Indenture Trustee within three Business Days of the date such Monthly Settlement Statement was otherwise required to be delivered.
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Monthly Settlement Statement. By each Settlement Report Date, the Master Servicer shall, or if General Cable Industries, Inc. is not the Master Servicer, General Cable Industries, Inc. and the Successor Servicer shall, with information provided by General Cable Industries, Inc., which General Cable Industries, Inc. agrees to provide, perform the calculations to be made on such Settlement Report Date and reported on the related Monthly Settlement Statement and, prior to 10:00 a.m., Cincinnati, Ohio time, on, the Settlement Report Date, deliver to the Trustee, the Rating Agencies, each Agent, each Investor Certificateholder and General Cable Industries, Inc. (if prepared by a Successor Servicer), the Monthly Settlement Statement substantially in the form attached hereto as Exhibit E (the "Monthly Settlement Statement") for the related Settlement Period.
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Monthly Settlement Statement. (a) On each Settlement Date prior to 1:00 p.m., Credit shall deliver to Nordstrom a certificate in substantially the form of Exhibit B hereto (the "Monthly Settlement Statement") for the related Accounting Period. (b) One Business Day prior to each Settlement Date, Credit shall deliver to Nordstrom a copy of the proposed Monthly Settlement for such Settlement Date. Unless Credit shall have received written notification from Nordstrom not to settle in accordance with such Monthly Settlement Statement as a result of an error therein, which notification shall specify the reasons therefor in detail, all settlements shall be made in accordance with such Monthly Settlement Statement. Upon receipt of any notification of identified error, Nordstrom and Credit shall immediately confer in order to resolve such error.
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Monthly Settlement Statement. (a) On each Settlement Date prior to 1:00 p.m., the Bank shall deliver to NCI a certificate in substantially the form of Exhibit A hereto (the “Monthly Settlement Statement”) for the related Accounting Period. (b) One Business Day prior to each Settlement Date, the Bank shall deliver to NCI a copy of the proposed Monthly Settlement Statement for such Settlement Date. Unless the Bank shall have received written notification from NCI not to settle in accordance with such Monthly Settlement Statement as a result of an error therein, which notification shall specify the reasons therefor in detail, all settlements shall be made in accordance with such Monthly Settlement Statement. Upon receipt of such notification, the Bank and NCI shall immediately confer in order to resolve any identified errors.
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Related to Monthly Settlement Statement

  • Final Settlement Statement (a) As soon as practical and, in any event, no later than ninety (90) calendar days after the Closing Date, Sellers shall prepare and deliver to Buyer a statement (the “Final Settlement Statement”) setting forth Sellers’ calculation of the adjustments to the Purchase Price in accordance with Section 2.04. The Final Settlement Statement shall be prepared in accordance with this Agreement and on a basis consistent with the preparation of the Closing Statement as described in Section 2.04(d), and shall set forth Sellers’ calculation of the Adjusted Purchase Price. (b) Following the delivery of the Final Settlement Statement, Sellers shall afford Buyer the opportunity to examine the Final Settlement Statement and Sellers’ calculation of the Adjusted Purchase Price, and such supporting schedules and analyses as are reasonably necessary and appropriate in connection with such review. Sellers shall cooperate with Buyer in such examination, including responding to questions asked by Buyer, and Sellers shall make available to Buyer any records under Sellers’ control that are requested by Buyer in connection with such review. (c) If, within thirty (30) calendar days following delivery of the Final Settlement Statement to Buyer, Buyer has not delivered to Sellers written notice (the “Objection Notice”) of Buyer’s objections to the Final Settlement Statement or Sellers’ calculation of the Adjusted Purchase Price (which Objection Notice in order to be valid must contain a statement describing in reasonable detail the items objected to, the basis of such objections and Buyer’s calculation of the amount(s) for the items objected to that Buyer asserts should be used for purposes of the Final Settlement Statement), then the Adjusted Purchase Price as set forth in such Final Settlement Statement shall be deemed final and conclusive. In addition, any of Sellers’ calculations of the Adjusted Purchase Price as set forth in the Final Settlement Statement which are not objected to in the Objection Notice shall be deemed final and conclusive. (d) If Buyer delivers the Objection Notice satisfying Section 2.06(c) above, within such thirty (30)-day period, then Sellers and Buyer shall endeavor in good faith to resolve the objections of Buyer set forth in the Objection Notice for a period not to exceed fifteen (15) calendar days from the date of delivery of the Objection Notice. If at the end of such fifteen (15)-day period there are any objections that remain in dispute, then either Buyer or Sellers may require by written notice to the other that the remaining objections in dispute be submitted for resolution to the Dallas, Texas office of Xxxxx Xxxxxxxx LLP or to such other independent accounting firm as may be selected jointly by Buyer and Sellers within the ten (10) calendar days following a written request by Buyer or Sellers (Xxxxx Xxxxxxxx LLP or such jointly selected accounting firm, the “Referee”). The Referee’s engagement shall be limited to the resolution of disputed amounts set forth in the Final Settlement Statement that have been identified by Buyer in the Objection Notice, which resolution shall be in accordance with this Agreement and no other matter relating to the Final Settlement Statement shall be subject to determination by the Referee except to the extent affected by resolution of the disputed amounts. In connection with the engagement of the Referee, each of Buyer and Sellers shall execute any engagement, indemnity and other agreement as the Referee shall require as a condition to such engagement. If Xxxxx Xxxxxxxx LLP is unable or unwilling to serve as the Referee and Buyer and Sellers are unable to agree upon the designation of a Person as substitute arbitrator, then Buyer or Sellers, or either of them, may in writing request the Bankruptcy Court to appoint the substitute referee; provided that such Person so appointed shall be a national or regional accounting firm with no prior material relationships with Buyer or Sellers or their respective Affiliates and shall have experience in auditing companies engaged in oil and gas wellsite service activities. (e) The Referee shall determine such items of the calculation of the Adjusted Purchase Price as are disputed within thirty (30) calendar days after the objections that remain in dispute are submitted to it. (f) If any disputed items are submitted to the Referee for resolution, (i) each of Buyer and Sellers shall furnish to the Referee such workpapers and other documents and information relating to such disputed items as the Referee may request and are available to that Party or its Affiliates (or its independent public accountants) and will be afforded the opportunity to present to the Referee any materials relating to the determination of the matters in dispute and to discuss such determination with the Referee prior to any written notice of determination hereunder being delivered by the Referee; (ii) the Referee shall not assign a value to such objection that is greater than the greatest value for such objection claimed by either Party or less than the smallest value for such objection claimed by either Party; (iii) the determination by the Referee of items of the calculation of the Adjusted Purchase Price, as applicable, as set forth in a written notice delivered to Sellers and Buyer by the Referee, shall be made in accordance with this Agreement and shall be binding and conclusive on the Parties and shall constitute an arbitral award that is final, binding and unappealable (absent manifest error or fraud) and upon which a judgment may be entered by a court having jurisdiction thereof; and (iv) the fees and expenses of the Referee (the “Audit Fees”) shall be paid by and apportioned between Buyer and Sellers based on the aggregate dollar amount in dispute and the relative recovery as determined by the Referee or Sellers and Buyer, respectively (such that, by way of example, if the amount in dispute is $100 and it is resolved $70 in favor of Buyer and $30 in favor of Sellers, then Sellers would bear 70% of the Audit Fees and Buyer would bear 30% of the Audit Fees).

  • Settlement Statement A settlement statement setting forth the amounts paid by or on behalf of and/or credited to each of Purchaser and Seller pursuant to this Agreement;

  • Preliminary Settlement Statement Seller and Buyer shall execute and deliver the Preliminary Settlement Statement.

  • Actual Settlement Date Accounting With respect to any sale or purchase transaction that is not posted to the Account on the contractual settlement date as referred to in Section 2.5, Bank shall post the transaction on the date on which the cash or Financial Assets received as consideration for the transaction is actually received by Bank.

  • Monthly Statement The Contractor shall submit a statement to the Engineer at the end of each month, in a tabulated form approved by the Engineer, showing the amounts to which the Contractor considers himself to be entitled. The statement shall include the following items, as applicable; - the value of the Permanent Work executed up to the end of previous month - such an amount (not exceeding 75 percent of the value) as the Engineer may consider proper on account of materials for permanent work delivered by the Contractor in the site - such amount as the Engineer may consider fair and reasonable for any Temporary Works for which separate amounts are provided in the Bill of Quantities - adjustments under Clause 70 - any amount to be withheld under retention provisions of Sub-clause 60.3 - any other sum to which the Contractor may be entitled under the Contract If the Engineer disagrees with or cannot verify any part of the statement, the Contractor shall submit such further information as the Engineer may reasonably require and shall make such changes and corrections in the statement as may be directed by the Engineer. In cases where there is difference in opinion as to the value of any item, the Engineer’s view shall prevail.

  • Gross Settlement Amount Except as otherwise provided by Paragraph 9 below, Defendant promises to pay $633,000.00 and no more as the Gross Settlement Amount and to separately pay any and all employer payroll taxes owed on the Wage Portions of the Individual Class Payments. Defendant has no obligation to pay the Gross Settlement Amount (or any payroll taxes) prior to the deadline stated in Section 5 of this Agreement. The Administrator will disburse the entire Gross Settlement Amount without asking or requiring Participating Class Members or Aggrieved Employees to submit any claim as a condition of payment. None of the Gross Settlement Amount will revert to Defendant.

  • Payment of Settlement Amount (1) Within thirty (30) days of the Execution Date, the Settling Defendants shall pay the Settlement Amount to Siskinds LLP for deposit into the Trust Account. The Settlement Amount shall be converted into Canadian currency upon deposit into the Trust Account. (2) The Settling Defendants shall deposit the Settlement Amount into the Trust Account by wire transfer. Siskinds LLP shall provide the necessary wire transfer information to Counsel for the Settling Defendants with reasonable advance notice so that the Settling Defendants have a reasonable period of time to comply with section 3.1(1) of this Settlement Agreement. (3) The Settlement Amount and other consideration to be provided in accordance with the terms of this Settlement Agreement shall be provided in full satisfaction of the Released Claims against the Releasees. (4) The Settlement Amount shall be all-inclusive of all amounts, including without limitation, interest, costs, Class Counsel Fees and Class Counsel Disbursements. (5) The Releasees shall have no obligation to pay any amount in addition to the Settlement Amount, for any reason, pursuant to or in furtherance of this Settlement Agreement or the Proceedings or any Other Actions. (6) Once a Claims Administrator has been appointed, Siskinds LLP shall transfer control of the Trust Account to the Claims Administrator. (7) Siskinds LLP and the Claims Administrator shall maintain the Trust Account as provided for in this Settlement Agreement. While in control of the Trust Account, Siskinds LLP and the Claims Administrator shall not pay out all or part of the monies in the Trust Account, except in accordance with this Settlement Agreement, or in accordance with an order of the Courts obtained after notice to the Parties.

  • Final Report by Settlement Administrator Within 10 days after the Administrator disburses all funds in the Gross Settlement Amount, the Administrator will provide Class Counsel and Defense Counsel with a final report detailing its disbursements by employee identification number only of all payments made under this Agreement. At least 15 days before any deadline set by the Court, the Administrator will prepare, and submit to Class Counsel and Defense Counsel, a signed declaration suitable for filing in Court attesting to its disbursement of all payments required under this Agreement. Class Counsel is responsible for filing the Administrator's declaration in Court.

  • Contractual Settlement Date Accounting (a) Bank shall effect book entries on a "contractual settlement date accounting" basis as described below with respect to the settlement of trades in those markets where Bank generally offers contractual settlement day accounting and shall notify Customer of these markets from time to time.

  • Net Out of Settlement Amounts The Non-Defaulting Party shall calculate a Termination Payment by aggregating all Settlement Amounts due under this Agreement or any other agreement(s) between the Company and the BGS-RSCP Supplier for the provision of BGS Supply into a single amount: by netting out (a) all Settlement Amounts that are due or will become due to the Defaulting Party, plus at the option of the Non-Defaulting Party, any cash or other form of security then available to the Non- Defaulting Party and actually received, liquidated and retained by the Non-Defaulting Party, plus any or all other amounts due to the Defaulting Party under this Agreement or any other agreement(s) between the Company and the BGS-RSCP Supplier for the provision of BGS Supply against (b) all Settlement Amounts that are due or will become due to the Non-Defaulting Party, plus any or all other amounts due to the Non-Defaulting Party under this Agreement or any other agreement(s) between the Company and the BGS- RSCP Supplier for the provision of BGS Supply, so that all such amounts shall be netted out to a single liquidated amount; provided, however, that if the BGS-RSCP Supplier is the Defaulting Party and the Termination Payment is due to the BGS-RSCP Supplier, the Company shall be entitled to retain a commercially reasonable portion of the Termination Payment, which may be equal to the entire amount of the Termination Payment, as security for additional amounts that may be determined to be due and owing by the BGS-RSCP Supplier as Damages and further provided that any previously attached security interest of the Company in such retained amounts shall continue. The Termination Payment shall be due to or due from the Non-Defaulting Party as appropriate. If the Termination Payment has been retained by the Company as security for additional amounts that may be determined to be due and owing by the BGS-RSCP Supplier, and if, upon making a final determination of Damages, the Termination Payment, or any portion thereof, is to be made to the BGS-RSCP Supplier, the Company will pay simple interest on the Termination Payment amount being made to the BGS-RSCP Supplier. Simple interest will be calculated at the lower of the Interest Index or six (6) percent per annum.

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