Payment by Defendant Sample Clauses

The 'Payment by Defendant' clause establishes the obligation of the defendant to make specified payments to the plaintiff or another party as outlined in the agreement or court order. Typically, this clause details the amount to be paid, the payment schedule, and the method of payment, such as lump sum or installments. Its core practical function is to ensure that the defendant fulfills their financial responsibilities, providing clarity and enforceability regarding payment terms and helping to resolve disputes over monetary obligations.
Payment by Defendant. In light of the foregoing and in consideration for the contingent agreement of Plaintiff to dismiss its Complaint against Defendant with prejudice as set forth in P. 4.4.1 below, Defendant agrees and stipulates as follows: 4.2.1 Defendant will pay to Plaintiff the sum of One Million Three Hundred Thirty-Three Thousand, Three Hundred Thirty-Three Dollars and Thirty-Four cents ($1,333,333.34) plus interest as follows: PAYMENT DUE DATE PRINCIPLE INTEREST TOTAL ---------------- --------- -------- ----- October 31,2003 $87,222.23 112,777.77 200,000.00 November 28,2003 $415,370.37 6,230.56 421,600.93 -2- 198-75 SETTLEMENT AGREEMENT December 31,2003 $415,370.37 4,153.70 421,600.93 January 30, 2004 $415,370.37 2,076.85 419,524.07 4.2.1 All payments set forth above shall be made payable to "Warner Bros. Entertainment Inc." and mailed to Plaintiff at 4000 Warner Blvd., Burbank, California, 91522, Attn: General Counse▇.
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Payment by Defendant. Subject to approval of the Settlement by the Superior Court, Defendant agrees to deposit the Maximum Settlement Amount into a Qualified Settlement Fund (“QSF”) set up by the Settlement Administrator for purposes of processing the Settlement and paying the Attorney’s Fees and Costs Award, the Service Award, the Full Release Award, the Settlement Administration Expenses Award, and the Settlement Awards. In addition, Defendant agrees to deposit amounts to cover all Employer-side Payroll Taxes. Defendant will fully discharge its financial obligations and will not be responsible for making any additional payments except as expressly set forth below, whether to the Settlement Class Members, to Plaintiff ▇▇▇▇▇▇ ▇▇▇▇▇, to Class Counsel, to the Settlement Administrator, or otherwise.
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Payment by Defendant. By the later of either of the following: (A) thirty (30) calendar days from receipt by Defendant’s counsel of all of the following: (1) the original executed Agreement by Plaintiff, (2) an executed Amended Joint Motion to Approve Settlement and (3) fully executed W-9 forms by both Plaintiff and Plaintiff’s counsel, or (B) ten (10) calendar days from issuance of an order by the District Court approving this settlement and the terms of this Agreement and dismissing the Lawsuit, Defendant shall make a gross payment to Plaintiff and his counsel in the amount of TEN THOUSAND DOLLARS AND NO CENTS ($10,000.00) (the “Settlement Proceeds”). The Settlement Proceeds shall be delivered to counsel for Plaintiff and payable as follows: a. Defendant shall pay a total of $8,000 to Plaintiff, in the following manner: Defendant shall issue two payroll-type checks, each in the gross amount of $4,000.00, less applicable withholdings, made payable to “▇▇▇▇▇▇ ▇▇▇▇▇▇.” This amount is allocated to settle disputed claims for Plaintiff’s alleged lost wages under the FLSA and will be subject to applicable federal and state payroll tax withholdings; and b. Defendant shall issue a check in the amount of $2,000.00 made payable to “▇▇▇▇▇▇▇ & ▇▇▇▇▇, LLP” for Plaintiff’s alleged attorneys’ fees and costs. Defendant will issue Forms 1099 for this payment to Plaintiff and Plaintiff’s counsel. c. Plaintiff acknowledges and agrees that he is solely and entirely responsible for the payment and discharge of any additional federal, state, and local taxes, if any, that may, at any time, be found to be due upon or as a result of the Settlement Proceeds paid by Defendant hereunder. Plaintiff agrees to indemnify and hold Defendant harmless from any claim or liability for any such taxes and related penalties and/or interest, as a result of any failure by Plaintiff to pay taxes owed by him as a result of the settlement and payment of the Settlement Proceeds. d. The parties agree that if the Court does not approve this Agreement and the settlement, this Agreement shall become null and void, and the parties shall return to their respective statuses as of the date and time an agreement to settle this matter was reached and the parties shall proceed in all respects as if this Agreement had not been entered into. Neither this Agreement, its terms nor the fact that the parties had reached a settlement shall be referenced or used against either party in this or any future litigation.
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Payment by Defendant. Defendant and Banyan Subsidiaries agree to pay to the Plaintiffs, Third-Party Defendants and ▇▇▇▇▇▇ ▇▇▇▇▇▇ the sum of $250,000 when this agreement is entered. Defendant agrees to pay $250,000 by wire transfer to the ▇▇▇▇▇ Law Firm COLTAF account pursuant to wire instructions provided by ▇▇▇▇▇ Law Firm. Upon receipt of the funds, Plaintiffs agree to file the Stipulated of Dismissal and also immediately dismiss and vacate any orders or judgments entered in all other actions commenced in connection with this Civil Action including but not limited to an action in Alberta Canada and an action in Oregon. In addition, Defendant and Banyan Subsidiaries agree to pay $160,000 to the Plaintiffs, Third-Party Defendants and ▇▇▇▇▇▇ ▇▇▇▇▇▇ in equal monthly installments of ten thousand dollars beginning on the first business day of July 2007 and the first business day of each subsequent month until paid in full to be paid by wire transfer to the ▇▇▇▇▇ Law Firm COLTAF account pursuant to wire instructions provided by ▇▇▇▇▇ Law Firm.
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Payment by Defendant. In consideration of Plaintiff's release of claims, the dismissal with prejudice of the Plaintiff Lawsuit, and Plaintiff's other promises and agreements herein, Defendant shall pay Plaintiff the sum of $200,000.00, payable as follows: (a) A cash payment of $30,000.00, less applicable withholding, within sixty (60) days of the execution of this Agreement, and (b) $170,000.00 payable over eighteen (18) months in equal semi-monthly payments, less applicable withholding. These payments shall commence on March 15, 2017, and shall be made on the 15th and the last date of each month. Should Defendant fail to make a timely payment as set forth in Paragraph 1 (a) and (b), it shall be incumbent upon Plaintiff to notify Defendant, in writing, that a scheduled payment is late. Upon receipt of Plaintiff's written notice, Defendant shall have fifteen (15) days to cure the late payment. If Defendant fails to cure the late payment within fifteen (15) days, then the entire outstanding amount will become due and payable.
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Payment by Defendant. Subject to final approval of the Settlement by the District Court, JBS agrees: (a) to pay the Service Award, the Settlement Administration Expenses Award, and the Attorneys’ Fees and Costs Award directly to each recipient thereto by issuing a check in their respective names; and (b) to pay the Settlement Awards directly to the Settlement Class Members, and issue appropriate tax forms to the Settlement Class Members as promptly as possible; and (c) to separately pay its share of applicable employer-side payroll taxes. JBS will not be responsible for making any additional payments pursuant to this Agreement. By making the payments set forth above, Defendant will fully discharge its financial obligations under this Agreement and shall have no further financial obligations under this Agreement, whether to the Settlement Class Members, to Plaintiff, to Class Counsel, to the Settlement Administrator, or otherwise.
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Payment by Defendant. Subject to approval of the Settlement by the Superior Court, Defendant agrees to deposit the Maximum Settlement Amount into a Qualified Settlement Fund (“QSF”) set up by the Settlement Administrator for purposes of processing the Settlement and paying the Service Awards, Full Release Awards, the Settlement Administration Expenses Award, the Attorney’s Fees and Costs Award, and the Settlement Awards. Defendant will not be responsible for making any additional payments except as expressly set forth below, whether to the Settlement Class Members, to Plaintiffs ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ and ▇▇▇▇ ▇▇▇▇▇, to Class Counsel, to the Settlement Administrator, or otherwise (with the exception that Defendant agrees to pay the Defendant’s share of employer- side FICA, FUTA, and other similar, mandatory employer-side payroll taxes). By funding the QSF, Defendant will fully discharge their financial obligations under this Agreement and shall have no further financial obligations under this Agreement or related to the Case, whether to the Settlement Class Members, to Plaintiffs ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ and ▇▇▇▇ ▇▇▇▇▇, to Class Counsel, to the Settlement Administrator, or otherwise (again with the exception that Defendant agree to pay their share of employer-side FICA, FUTA, and other similar, mandatory employer-side payroll taxes).
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Payment by Defendant 
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Related to Payment by Defendant

  • Payment by Tenant Tenant shall pay to Landlord, within fifteen (15) days after delivery by Landlord to Tenant of statements therefor: (i) sums equal to expenditures reasonably made and obligations incurred by Landlord in connection with Landlord’s performance or cure of any of Tenant’s obligations pursuant to the provisions of Section 19.2.3 above; and (ii) sums equal to all expenditures made and obligations incurred by Landlord in collecting or attempting to collect the Rent or in enforcing or attempting to enforce any rights of Landlord under this Lease or pursuant to law, including, without limitation, all legal fees and other amounts so expended. Tenant’s obligations under this Section 19.3 shall survive the expiration or sooner termination of the Lease Term.

  • Payment by Guarantor If all or any part of the Guaranteed Obligations shall not be punctually paid when due, whether at demand, maturity, acceleration or otherwise, Guarantor shall, immediately upon demand by Lender, and without presentment, protest, notice of protest, notice of non-payment, notice of intention to accelerate the maturity, notice of acceleration of the maturity, or any other notice whatsoever, pay in lawful money of the United States of America, the amount due on the Guaranteed Obligations to Lender at Lender’s address as set forth herein. Such demand(s) may be made at any time coincident with or after the time for payment of all or part of the Guaranteed Obligations, and may be made from time to time with respect to the same or different items of Guaranteed Obligations. Such demand shall be deemed made, given and received in accordance with the notice provisions hereof.

  • Payment by Dealer In the event that (i) an Early Termination Date occurs or is designated with respect to the Transaction as a result of a Termination Event or an Event of Default (other than an Event of Default arising under Section 5(a)(ii) or 5(a)(iv) of the Agreement) and, as a result, Dealer owes to Company an amount calculated under Section 6(e) of the Agreement, or (ii) Dealer owes to Company, pursuant to Section 12.7 or Section 12.9 of the Equity Definitions, an amount calculated under Section 12.8 of the Equity Definitions, such amount shall be deemed to be zero.

  • Payment by Guarantors Subject to Section 7.2, Guarantors hereby jointly and severally agree, in furtherance of the foregoing and not in limitation of any other right which any Beneficiary may have at law or in equity against any Guarantor by virtue hereof, that upon the failure of Borrower to pay any of the Guaranteed Obligations when and as the same shall become due, whether at stated maturity, by required prepayment, declaration, acceleration, demand or otherwise (including amounts that would become due but for the operation of the automatic stay under Section 362(a) of the Bankruptcy Code, 11 U.S.C. § 362(a)), Guarantors will upon demand pay, or cause to be paid, in Cash, to Administrative Agent for the ratable benefit of Beneficiaries, an amount equal to the sum of the unpaid principal amount of all Guaranteed Obligations then due as aforesaid, accrued and unpaid interest on such Guaranteed Obligations (including interest which, but for Borrower’s becoming the subject of a case under the Bankruptcy Code, would have accrued on such Guaranteed Obligations, whether or not a claim is allowed against Borrower for such interest in the related bankruptcy case) and all other Guaranteed Obligations then owed to Beneficiaries as aforesaid.

  • Reimbursement by ▇▇▇▇▇▇▇ To the extent that the Loan Parties for any reason fail to indefeasibly pay any amount required under clauses (a) or (b) of this Section 11.04 to be paid by it to the Administrative Agent (or any sub-agent thereof), the L/C Issuer, the Swingline Lender or any Related Party of any of the foregoing, each Lender severally agrees to pay to the Administrative Agent (or any such sub-agent), the L/C Issuer, the Swingline Lender or such Related Party, as the case may be, such ▇▇▇▇▇▇’s pro rata share (determined as of the time that the applicable unreimbursed expense or indemnity payment is sought based on each Lender’s share of the Total Credit Exposure at such time) of such unpaid amount (including any such unpaid amount in respect of a claim asserted by such Lender), such payment to be made severally among them based on such Lender’s Applicable Percentage (determined as of the time that the applicable unreimbursed expense or indemnity payment is sought), provided, that the unreimbursed expense or indemnified loss, claim, damage, liability or related expense, as the case may be, was incurred by or asserted against the Administrative Agent (or any such sub-agent), the L/C Issuer or the Swingline Lender in its capacity as such, or against any Related Party of any of the foregoing acting for the Administrative Agent (or any such sub-agent), the L/C Issuer or the Swingline Lender in connection with such capacity. The obligations of the Lenders under this clause (c) are subject to the provisions of Section 2.12(d).