– Payment Assurance Sample Clauses

– Payment Assurance. 5.1 In the event that the Borrower fails to, or is in jeopardy of failing to, make payments as required under Section 4.1, the Borrower shall impose and collect fees, charges, rates and other levies as permitted by the Drainage Districts Act (Alberta) of an amount sufficient to pay to ACFA all amounts in arrears and becoming due and owing under this Agreement or any Debenture.
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– Payment Assurance. Using Windstream’s processes as of the effective date of this Statement of Work #2 as modified by Windstream from time to time during the Term, Windstream will the following billing payment assurance services (the “Payment Assurance Services”):
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– Payment Assurance. 10 2.13 ORDER CHANGES................................................... 10 Changes........................................................... 10
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– Payment Assurance. Maxtor Corporation undertakes to pay any undisputed amount which is past due to MMC from Maxtor Peripherals (S) Pte Ltd under this Agreement.
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– Payment Assurance. To secure Replidyne’s payment obligations of or under (i) Section 12.5(b) (Minimum Purchase Obligations) and/or (ii) Sections 12.5(c) (Engineering Costs) and 12.5(d) (Other Pre-Approved Reimbursable Costs) if and when those obligations cumulate to more than three million U. S. dollars (US$3,000,000) and/or (iii) Section 5.3 (Payment) if and when those obligations prior to the Launch Go Date cumulate to more than three million U. S. dollars (US$3,000,000) (not only for the excess of three million U. S. dollars (US$3,000,000), but for the full amount of such obligations) and/or (iv) Section 5.3 (Payment) if and when those obligations after the Launch Go Date for the period starting from the shipment of the Drug Substance pursuant to Section 4.7 (Delivery, Title and Risk of Loss) and ending at making the payment by Replidyne on any purchase order pursuant to Section 5.3 (Payment) exceeding three million U. S. dollars (US$3,000,000) (not only for the excess of three million U. S. dollars (US$3,000,000) but for the full amount of such purchase order), Replidyne shall, independently or together with one or more of Replidyne’s Designees, establish a commercially reasonable mechanism for securing Replidyne’s financial ability to make payment of, or obtain an insurance for, such obligations in accordance with the following time line: Minimum Purchase Obligations: Upon agreement of the minimum purchase quantities Engineering & Other: No later than thirty (30) days prior to the date on which it is reasonably foreseen that accumulated amount stipulated in Section 12.5 (c) (Engineering Costs) and other payment obligations of Replidyne stipulated in Section 12.5 (d) (Other Pre-Approved Reimbursable Costs) will exceed three million U. S. dollars (US$3,000,000). (The cost for raw materials for the Drug Substance for the first purchase order shall be included for the purpose of the calculation of such amount, regardless of whether or not Replidyne requests Nisso to shorten the delivery time.) Certain Purchase Orders Before the Launch Go Date: No later than sixty (60) days prior to shipment in case then outstanding aggregate purchase amount of the [ *** ] = Certain confidential information contained in this document, marked by brackets, has been omitted and filed separately with the Securities and Exchange Commission pursuant to Rule 406 of the Securities Exchange Act of 1933, as amended. Drug Substance prior to Launch Go Date exceeds three million U. S. dollars (US$3,000,0...
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– Payment Assurance. PANTRY agrees to provide a standby letter of credit issued in favor of MPC by a bank approved by MPC on such terms and conditions acceptable to MPC, and in an amount sufficient to secure payment of all Marathon branded products purchased by PANTRY and unpaid from time to time, including the amount of any payment for which MPC is awaiting confirmation, including without limitation any confirmation period for electronic funds transfer initiated by MPC. In the event PANTRY does not provide a letter of credit as required under this Section, MPC may, at its sole discretion, invoke its remedies under Section 3.3I of the Product Supply Agreement, including but not limited to, discontinuing further sales or shipments of Marathon branded products until such letter of credit is provided or, in the case of draws or expiration, until such letter of credit is restored.
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– Payment Assurance. As payment assurance to Contractor of its monthly Invoices, on or prior to the Notice to Proceed Effective Date, the Owner shall provide Contractor with reasonable assurance of Owner's ability to pay the Contract Price in accordance with the terms of this Agreement. Such reasonable assurance shall be in the form of a standby letter of credit issued by an Approved Bank in a form acceptable to Contractor but in an amount no more than eighteen million Dollars. In the event that Delta-T exercises a right to terminate under Section 9.3 of the General Conditions, the Owner shall pay in addition to sums due under Section 9.3 of the General Conditions, a fee determined as follows:
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– Payment Assurance. If a properly scheduled payment is not received and posted on time by the payee, we will attempt to have any late fees or assessed finance charges removed. (Finance charges are calculated based on your payment amount rather than your entire balance.) If the payee is unwilling or unable to remove them, we will pay the fees and finance charges directly to the payee. In addition, we will attempt to have your account noted appropriately to ensure that the situation does not negatively impact your credit rating. The Payment Assurance applies to late fees and/or finance charges associated with the late posting of a payment, provided that the following conditions are met:
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Related to – Payment Assurance

  • FUND ADMINISTRATION SERVICES BNY Mellon shall provide the following fund administration services for each Fund, Series and class:  Calculate Fund approved income and per share amounts required for periodic distributions to be made by the applicable Fund, Series or class;  Coordinate a Fund’s annual audit and respond timely and completely to related requests;  Cooperate with each Fund’s independent auditors;  Supply various normal and customary portfolio and Fund statistical data as requested on an ongoing basis; and  If the chief executive officer or chief financial officer of a Fund is required to provide a certification as part of the Fund’s Form N-Q or Form N-CSR filing pursuant to regulations promulgated by the SEC under Section 302 of the Xxxxxxxx-Xxxxx Act of 2002, provide a sub-certification in support of certain matters set forth in the aforementioned certification. Such sub-certification is to be in such form and relating to such matters as reasonably agreed to by BNY Mellon in advance. BNY Mellon shall be required to provide the sub-certification only during the term of this Agreement with respect to the applicable Fund or Series and only if it receives such cooperation as it may request to perform its investigations with respect to the sub-certification. For clarity, the sub-certification is not itself a certification under the Xxxxxxxx-Xxxxx Act of 2002 or under any other law, rule or regulation. REGULATORY ADMINISTRATION SERVICES BNY Mellon shall provide the following regulatory administration services for each Fund and Series:  Assist the Fund in responding to SEC examination requests by providing requested documents in the possession of BNY Mellon that are on the SEC examination request list and by making employees responsible for providing services available to regulatory authorities having jurisdiction over the performance of such services as may be required or reasonably requested by such regulatory authorities;  Assist with and/or coordinate such other filings, notices and regulatory matters and other due diligence requests or requests for proposal on such terms and conditions as BNY Mellon and the applicable Fund on behalf of itself and its Series may mutually agree upon in writing from time to time; and

  • Further Assurances; Post-Closing Cooperation At any time or from time to time after the Closing, the parties shall execute and deliver to the other party such other documents and instruments, provide such materials and information and take such other actions as the other party may reasonably request to consummate the transactions contemplated by this Agreement and otherwise to cause the other party to fulfill its obligations under this Agreement and the transactions contemplated hereby. Each party agrees to use commercially reasonable efforts to cause the conditions to its obligations to consummate the Merger to be satisfied.

  • Financial Ability Each of the Buyer Parties acknowledges that its obligation to consummate the transactions contemplated by this Agreement and the Brewery Transaction is not and will not be subject to the receipt by any Buyer Party of any financing or the consummation of any other transaction other than the occurrence of the GM Transaction Closing and, in the case of the Brewery Transaction, the consummation of the transactions contemplated by this Agreement. The Buyer Parties have delivered to ABI a true, complete and correct copy of the executed definitive Second Amended and Restated Interim Loan Agreement, dated as of February 13, 2013, among Bank of America, N.A. (“Bank of America”), JPMorgan Chase Bank N.A. (“JPMorgan”) and CBI (collectively, the “Financing Commitment”), pursuant to which, upon the terms and subject to the conditions set forth therein, the lenders party thereto have committed to lend the amounts set forth therein (the “Financing”) for the purpose of funding the transactions contemplated by this Agreement and the Brewery Transaction. The Buyer Parties have delivered to ABI true, complete and correct copies of the fee letter and engagement letters relating to the Financing Commitment (redacted only as to the matters indicated therein), the Financing Commitment has not been amended or modified prior to the date of this Agreement, and, as of the date hereof, the respective commitments contained in the Financing Commitment have not been withdrawn, terminated or rescinded in any respect. There are no agreements, side letters or arrangements to which CBI or any of its Affiliates is a party relating to the Financing Commitment that could affect the availability of the Financing. The Financing Commitment constitutes the legally valid and binding obligation of CBI and, to the Knowledge of CBI, the other parties thereto, enforceable in accordance with its terms (except as such enforceability may be limited by bankruptcy, insolvency, fraudulent conveyance, reorganization, moratorium and other similar Laws of general applicability relating to or affecting creditors’ rights, and by general equitable principles). The Financing Commitment is in full force and effect and has not been withdrawn, rescinded or terminated or otherwise amended or modified in any respect, and no such amendment or modification is contemplated. Neither CBI nor any of its Affiliates is in breach of any of the terms or conditions set forth in the Financing Commitment, and assuming the accuracy of the representations and warranties set forth in Article 4 and performance by ABI of its obligations under this Agreement and the Brewery SPA, as of the date hereof, no event has occurred which, with or without notice, lapse of time or both, would reasonably be expected to constitute a breach, default or failure to satisfy any condition precedent set forth therein. As of the date hereof, no lender has notified CBI of its intention to terminate the Financing Commitment or not to provide the Financing. There are no conditions precedent or other contingencies related to the funding of the full amount of the Financing, other than as expressly set forth in the Financing Commitment. The aggregate proceeds available to be disbursed pursuant to the Financing Commitment, together with available cash on hand and availability under CBI’s existing credit facility, will be sufficient for the Buyer Parties to pay the Purchase Price hereunder and under the Brewery SPA and all related fees and expenses on the terms contemplated hereby and thereby in accordance with the terms of this Agreement and the Brewery SPA. As of the date hereof, CBI has paid in full any and all commitment or other fees required by the Financing Commitment that are due as of the date hereof. As of the date hereof, the Buyer Parties have no reason to believe that CBI and any of its applicable Affiliates will be unable to satisfy on a timely basis any conditions to the funding of the full amount of the Financing, or that the Financing will not be available to CBI on the Closing Date.

  • Additional Assurances Except as may be specifically provided herein to the contrary, the provisions of this Agreement shall be self-operative and shall not require further agreement by the parties; provided, however, at the request of either party, the other party shall execute such additional instruments and take such additional acts as are reasonable, and as the requesting party may reasonably deem necessary, to effectuate this Agreement.

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