Other Terms of Purchase Sample Clauses

Other Terms of Purchase. All terms of any purchase of Subscriber Devices by Iridium pursuant to the Agreement, other than purchase price, payment and delivery terms, shall be subject to the terms set forth in Attachment A.
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Other Terms of Purchase. All purchases of Manitou Components by Licensee pursuant to this Agreement shall be subject to the terms of this Agreement. The terms of this Agreement shall constitute the entire agreement between the parties as to each and all sales of Manitou Components to Licensee pursuant to this Agreement. No additional or different terms set forth in any of either party’s Purchase Order, Quotation, Invoice, Order Acknowledgement or other forms or correspondence shall be of any force or effect.
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Other Terms of Purchase. All purchases of Product pursuant to this Agreement shall be subject to the terms of this Agreement, as supplemented by the consistent provisions of the Supplier’s standard Terms and Conditions of Sale (“Standard Terms”), as in effect from time to time, a current copy of which is attached hereto as Exhibit B. The terms of this Agreement, as so supplemented, shall constitute the entire agreement between the parties as to each and all sales of Product to Buyer during the term of this Agreement. No additional or different terms set forth in any of Buyer’s Purchase Order, Order Acknowledgement or other forms or correspondence shall be of any force or effect. Supplier shall provide Buyer at least thirty (30) calendar day’s prior notice of any change in the Standard Terms.
Sample 1
Other Terms of Purchase. 5.1 The 1st payment represents 40% of the Portfolio. In consideration for and upon receipt of the 1st payment, BUYER will retain the first 40% of the compensation due SELLER for each monthly residual payment normally issued by BUYER to SELLER for the Portfolio. 5.2 The 2nd payment represents 20% of the Portfolio. In consideration for and upon receipt of the 2nd payment, BUYER will retain the first 60% of the compensation due SELLER for each monthly residual payment normally issued by BUYER to SELLER for the Portfolio. 5.3 The 3rd payment represents 20% of the Portfolio. In consideration for and upon receipt of the 3rd payment, BUYER will retain the first 80% of the compensation due SELLER for each monthly residual payment normally issued by BUYER to SELLER for the Portfolio. 5.4 The 4th payment represents 20% of the Portfolio. In consideration for and upon receipt of the 4th payment, BUYER will retain the entire compensation due SELLER for each monthly residual payment normally issued by BUYER to SELLER for the Portfolio. In the event that any Merchant terminates its Merchant Processing Agreement, SELLER will at its sole discretion replace such Merchant with another Merchant.. 5.5 Should BUYER fail to pay any of the payments set forth above, SELLER may, at its option retain the continuing compensation normally derived from the remaining portion of the Portfolio or offer the remainder of the Portfolio for sale to a third party including the percentage of the Portfolio normally retained by BUYER. If SELLER elects to sell the remainder of the Portfolio to a third party under such circumstances, SELLER will, upon such sale, pay BUYER an amount equal to 30% of the monies earned from said sale. Additionally, SELLER will reimburse BUYER all payments made to SELLER by BUYER pursuant to this Agreement (less the percentage not paid SELLER by BUYER for the compensation due SELLER for each monthly residual payment normally issued by BUYER to SELLER for the Portfolio in accordance with the conditions outlined above).
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Other Terms of Purchase. All terms of any purchase of Subscriber Devices
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Other Terms of Purchase. All terms of any purchase of Products by Iridium pursuant to this Agreement, other than purchase price, payment and delivery terms, shall be as set forth in the attached form of purchase order.
Sample 1
Other Terms of Purchase. Terms of payment for Products purchased pursuant to the purchase orders issued under Section 1.5(a) will be payment in full upon issuance of the purchase orders. Terms of payment for all additional Products will be net 30. All purchases of Products by Home Shopping from Hydron will be pursuant to Home Shopping's standard Master Terms and Conditions for Purchase Orders ("Master Terms and Conditions"), except that, in the event of any conflict between any provisions of this Agreement and the Master Terms and Conditions, the provisions of this Agreement shall govern and the Master Terms and Conditions are amended to the extent of any such conflict. Home Shopping will have the right to return unsold inventory of Products to Hydron for a full refund at any time. Hydron will provide Home Shopping with a salvage allowance on all Product purchases to cover Home Shopping's costs of Products returned by its customers ("Salvage Allowance"). The Salvage Allowance will initially be 10%, and will be adjusted commencing at the beginning of the first calendar quarter that starts at least six months after the date of the First Airing, and further adjusted thereafter at the beginning of each subsequent calendar quarter to Home Shopping's actual customer return rates for Products during the preceding calendar quarter. Home Shopping will have the right to hold back up to 10% of all payments to Hydron to cover amounts due on account of the Salvage Allowance before it adjusts and retains the portion of such payments equal to the actual Salvage Allowance.
Sample 1
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Other Terms of Purchase. Any shares of the Company's Common Stock purchased by Thiexxxx xxxsuant to this Section 1.6 ("MAINTENANCE SHARES") must be purchased on the same terms and conditions as the original terms and conditions of the Thiexxxx Xxxchase Agreement (including without limitation the Right of First Refusal, the Vesting Repurchase Option and the General Repurchase Option in favor of HNC (as those terms are defined in the Thiexxxx Xxxchase Agreement)), except that: (i) the Purchase Price Per Share at which Maintenance Shares are purchased by Thiexxxx xxxll be the fair market value per share of the Company's Common Stock as of the date such shares are purchased by Thiexxxx, xx determined in good faith by the Company's Board of Directors; (ii) all Maintenance Shares purchased by Thiexxxx xxxll be paid for in full in cash on the date of purchase; (iii) the vesting schedule on which such Maintenance Shares are released from the Company's Vesting Repurchase Option to repurchase such shares at their original purchase price upon termination of Thiexxxx'x xxxloyment shall be identical to the vesting schedule set forth in Section 5 of the Thiexxxx Xxxchase Agreement applicable to the Thiexxxx Xxxres (i.e., so that, regardless of the date on which the Maintenance Shares are actually purchased, the percentage of the Maintenance Shares that are "Vested Shares" that are not subject to the Company's Vesting Repurchase Option will be the same as the percentage of the Thiexxxx Xxxres that are then "Vested Shares" within the meaning of the Thiexxxx Xxxchase Agreement).
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Related to Other Terms of Purchase

  • Terms of Purchase The closing of the transactions contemplated by Section 10.6 (the "Purchase Closing") shall occur (a) on the Termination Date if this Agreement expires pursuant to the terms of Sections 10.1 and 10.2, or (b) on a date mutually acceptable to the parties hereto that shall be within 180 days after receipt of a Termination Notice. The parties shall enter into an asset purchase agreement containing representations, warranties and conditions customary to a transaction of this size involving the purchase and sale of similar businesses. Subject to the conditions set forth below, at the Purchase Closing, Administrator and/or its Affiliates, as the case may be, shall transfer and assign the Purchase Assets to the Group, and in consideration therefor, the Group shall (a) pay to Administrator, Parent and/or their Affiliates an amount in cash or, at the option of the Group (subject to the conditions set forth below), Parent Common Stock (valued pursuant to Section 10.6(c) hereof), or some combination of cash and Parent Common Stock equal to the Purchase Price and (b) assume the Practice Related Liabilities. The structure of the transaction set forth in this Section 10.7 shall, if possible, be structured as a tax-free transaction under applicable law. Each party shall execute such documents or instruments as are reasonably necessary, in the opinion of each party and its counsel, to effect the foregoing transaction. The Group shall, and shall use its best efforts to cause each shareholder of the Group to, execute such documents or instruments as may be necessary to cause the Group to assume the Practice Related Liabilities and to release Administrator, Parent and/or their Affiliates, as the case may be, from any liability or obligation with respect thereto. In the event the Group desires to pay all or a portion of the Purchase Price in shares of Parent Common Stock, such transaction shall be subject to the satisfaction of each of the following conditions: 43 49 (a) The holders of such shares of Parent Common Stock shall transfer to Administrator, Parent and/or their Affiliates good, valid and marketable title to the shares of Parent Common Stock, free and clear of all adverse claims, security interests, liens, claims, proxies, options, stockholders' agreements and encumbrances (not including any applicable securities restrictions and lock-up arrangements with the Parent or any underwriter); and

  • Terms of Purchase and Sale a. For residential customers, the RFG capacity may not exceed twenty (20) kilowatts alternating current, and for non-residential customers, the RFG capacity may not exceed one (1) megawatt alternating current. The total connected capacity of all generators shall not exceed 1.0% of the Cooperative’s Virginia peak-load forecast for the previous year. b. For general purposes, the Customer’s tariff shall be that tariff under which Customer would be served if Customer were not a net energy metering customer (the Customer’s standard tariff). Time-of-use net metering is not permitted under an electricity supply service tariff having no demand charges. c. Over the Billing Period, electricity generated by Customer’s RFG shall be metered and shall be netted against the electricity supplied to Customer by Cooperative. Customer shall receive a Billing Period Credit in any Billing Period in which the quantity of electricity generated and fed back into the electric grid by Customer’s RFG exceeds the electricity supplied to Customer for the Billing Period. d. For any Billing Period in which generation exceeds consumption, producing a Billing Period Credit, the monthly charge shall be based only on the fixed charges of Customer’s standard tariff. Customer must pay only the nonusage sensitive charges for any Billing Period in which a Billing Period Credit exists. If Customer is under a time-of-use tariff with net metering, Excess Generation is determined separately for each time-of-use tier. Customer must pay only the demand charges and the nonusage sensitive charges in any Billing Period when there are credits in all tiers for that Billing Period. e. Billing Period Credits will be carried forward and applied to offset future consumption charges within the Net Metering Period. Billing Period Credits shall be accumulated, carried forward, and applied at the first opportunity to any Billing Periods having positive net consumptions (by tiers, in the case of time-of-use customers). f. Customer shall be solely responsible for complying with any and all other requirements of federal, state, or local law or regulation regarding the operation or maintenance of its RFG. Cooperative shall not be responsible for any additional costs related to ensuring the RFG’s compliance with any legal or regulatory requirements.

  • Conditions of Purchase Purchaser's obligation to purchase and pay for Eligible Loans in a Portfolio hereunder shall be subject to the following conditions precedent: (a) the Eligible Loans in the Portfolio, aggregated with the other Eligible Loans that have been sold to Purchaser by Seller if appropriate, shall meet the requirements described in Section 3.1 hereof; (b) all representations, warranties and statements by or on behalf of Seller contained in this Agreement are true on the Scheduled Sale Date; (c) any notification to or approval by the Secretary or Guarantee Agency required by the Higher Education Act or the Guarantee Agreement as a condition to the assignment of Eligible Loans shall have been made or received and evidence thereof delivered to both Purchaser and the Trustee; (d) the entire interest of Seller in each Eligible Loan shall have been duly assigned by endorsement, such endorsement to be without recourse except as provided in Article V hereof; (e) the Seller shall, at its own expense, indicate in its files that the Student Loans sold on such date have been sold to the Purchaser pursuant to this Agreement and pledged and assigned by the Purchaser to the Trustee for the benefit of the Registered Owners, and the Seller shall deliver to the Purchaser a Schedule of Student Loans certified by the Chairman, the President, the Vice President or the Treasurer of the Seller to be true, correct and complete as of the date thereof. Further, the Seller hereby agrees that the computer files maintained by the Seller as Servicer will bear an indication reflecting that the Student Loans sold to the Purchaser pursuant to this Agreement are owned by the Purchaser; and (f) prior to or on each Scheduled Sale Date, the Seller shall record and file, at its own expense, appropriate UCC-3 termination statements with respect to any previous liens on such Student Loans being sold and purchased hereunder.

  • Conditions of Purchases SECTION 3.01.

  • Terms of Placement Warrants Each Placement Warrant shall have the terms set forth in the Warrant Agreement.

  • Execution of Purchase Agreement The successful bidder has earned the right to make an offer to the Seller; no sale has been completed. The bidder will be required to execute an Irrevocable Real Estate Purchase Agreement immediately following the close of the auction and provide the required Xxxxxxx Money within 24 hours to the Seller in a check payable to Ness Bros. Xxxxx’s offer expires 11:59 P.M. (local time) 7 days after the online auction date, unless Seller timely accepts it; the Xxxxxxx Money will be returned if Seller does not accept the successful bid as a primary or secondary offer, subject to any required approvals. --- TAXES: The real estate taxes shall be prorated. Seller shall pay real estate taxes which are payable during the year in which Closing occurs, and taxes payable during the succeeding year, prorated to the date of Closing. Buyer shall assume and pay all subsequent taxes. If at the time of Closing the tax bill for the Real Estate for the succeeding year has not been issued, taxes payable shall be computed based on the last tax bill available to the closing agent. The succeeding year’s tax bill, because of recently constructed improvements, annexation, reassessment, or similar items may greatly exceed the last tax bill available to the closing agent. --- POSSESSION: The possession of the Property shall be Upon Closing of Property, subject to tenant’s rights, by 5:00 P.M.

  • Closing of Purchase (a) Upon any purchase by the Company of the Shares pursuant to the Agreement, the Company shall give to Holder and you a written notice specifying the purchase price for the Shares, as determined pursuant to the Agreement, and the time for a closing hereunder (the “Closing”) at the principal office of the Company. Holder and the Company hereby irrevocably authorize and direct you to close the transaction contemplated by such notice in accordance with the terms of said notice. (b) At the Closing, you are directed (i) to date the stock assignment form or forms necessary for the transfer of the Shares, (ii) to fill in on such form or forms the number of Shares being transferred, and (iii) to deliver same, together with the certificate or certificates evidencing the Shares to be transferred, to the Company against the simultaneous delivery to you of the purchase price for the Shares being purchased pursuant to the Agreement.

  • USE OF PURCHASE PRICE At time of settlement, funds of the purchase price may be used to pay taxes and other liens and to acquire outstanding interests, if any, of others.

  • OTHER TERMS OF THE AGREEMENT Except as specifically amended hereby, all of the terms and conditions of the Agreement shall continue to be in full force and effect and shall be binding upon the parties in accordance with their respective terms.

  • Purchase Terms Subject to the satisfaction of the conditions set forth in Article VII, the parties agree as follows:

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