Payment Matters Clause Samples

Payment Matters. The Monthly Charges shall be invoiced monthly, within fifteen (15) days after the end of the applicable month, in arrears in a single statement for each applicable Noble Rig and separate statements for any Non-Brazil Rig Personnel Charges (each a “Monthly Statement” and, collectively, the “Monthly Statements”) prepared by the Service Provider or an Affiliate and shall be in the form set forth in Exhibit D hereto. Service Recipient (as specified in the applicable Monthly Statement) shall pay the amount set forth in the applicable Monthly Statement to a Paragon Group entity designated by the Paragon Group Service Coordinator in the applicable invoice (which shall initially be PONBV or Limitada, as applicable) no later than thirty (30) days after the Noble Group’s receipt of such Monthly Statement (each date of such payment, a “Monthly Payment Date”). Each Monthly Statement shall set forth in reasonable detail, for the calendar month covered by such Monthly Statement: (i) the applicable Rig Invoice for such calendar month, (ii) any applicable credit or debit for exchange rate differences in respect of the preceding Monthly Statement and (iii) any Advance Amounts received with respect to such calendar month (as defined below) that are to be credited against the Monthly Charges. In addition, a Monthly Statement shall be provided that includes an invoice for any applicable Non-Brazil Rig Personnel Charges for such calendar month. All amounts shown on the Monthly Statements will be denominated in Brazilian Reals and paid in either Brazilian Reals or US Dollars, at the Service Recipient’s option, by wire transfer of immediately available funds. If payment is made in US Dollars, the Service Provider shall, or shall cause, all amounts received in payment to be to be converted into Brazilian Reals within three (3) Business Days of receipt of the payment. To the extent that the Real to Dollar conversion rate on the date the Service Provider converts the applicable payment into Brazilian Reals differs from the conversion rate on the applicable Monthly Payment Date, the Service Provider shall reflect such difference as an additional charge (if the value of the Real against the Dollar rises) or credit (if the value of the Dollar against the Real rises), as the case may be, on the following month’s Monthly Statement; provided, however, that the Service Provider will not be entitled to add any additional charges (if applicable) in respect of any conversion rate differences...

Payment Matters. All payments and repayments of principal and interest in respect of the Loans (except as provided in Sections 2.15 and 2.16) shall be made pro rata among the Lenders in accordance with the then outstanding principal amount of the Loans (adjusted, as necessary, among CITBC and the other Lenders for pro rata treatment of all the Lenders in relation to the Loans that arise from payments under Letter of Credit Guaranties Outstandings and the Participations therein of the Lenders other than CITBC), and all payments of Commitment Fees shall be made pro rata among the Lenders in accordance with their respective Commitment Percentages. All payments by the Borrowers hereunder (and under any Notes) shall be made (i) without setoff or counterclaim and (ii) in Dollars in immediately available funds, at the office of Lenders' Agent by 12:00 noon, New York City time, on the date on which such payment is due, for allocation by Lenders' Agent among the Lenders and the Agents in accordance with their respective interests and as provided herein. Once paid, none of the Fees shall be refundable under any circumstances.

Payment Matters. 29 ARTICLE 3

Payment Matters. (i) As used herein, the "Accelerated Earn-Out Amount" shall mean (A) with respect to an Accelerated Earn-Out Event occurring in calendar year 1997, the Accelerated Earn-Out Amount shall be * ; and (B) with respect to an Accelerated Earn-Out Event occurring in calendar year 1998, the Accelerated Earn-Out Amount shall be the sum of (X) the actual amount of unpaid 1997 Additional Purchase Consideration, if any, and (Y) an amount for calendar year 1998 equal to * of the difference between (I) * of PTPECNI as reflected in the 1998 Business Plan for ASM and (II) the actual PTPECNI for calendar year 1997.

Payment Matters. Payment is based on the Employee’s ordinary rate of pay at the time of taking personal leave. Employees will not be entitled to paid leave of absence for any period for which they are entitled to workers compensation. Any misuse or questionable use of personal/carer’s leave may result in disciplinary action. Unused personal leave will not be paid out on termination of employment unless the Employee is eligible to receive the Good Health Rebate Scheme – refer clause 7.2.9 of this Agreement.

Payment Matters. If your Payment Method fails or your account is past due, Devokr reserves the right to either suspend or terminate your use of the Services. If Devokr has agreed to issue invoices to you, payment of all invoices is due within 14 days of invoice receipt. You agree to submit in writing to Devokr any disputes regarding any fees invoiced to you within 14 days of invoice receipt, and any disputes regarding any fees charged to your Payment Method within 60 days of such charge, otherwise such dispute will be waived and such invoices and charges will be final and not subject to challenge. Devokr reserves the right to charge you interest at a rate of 1.5% per month on any overdue amounts, or the maximum rate permitted by applicable law, whichever is lower. You will also reimburse any reasonable costs and expenses (including reasonable attorneys’ fees) incurred by Devokr to collect any undisputed amount that is not paid when due. All fees and charges are nonrefundable and there are no refunds or credits for any partially used Services except (i) as expressly set forth in this Agreement, the Pricing Page, or an executed Order Form or Statement of Work between you and us;

Payment Matters. If any payment hereunder is in default, the Supplier shall have the right (which rights shall be non-exclusive, cumulative of and additional to all other remedies) to defer further deliveries and the provision of other Services until all payments in default have been made.

Payment Matters. Except as set forth on Schedule 4.13, (i) to Seller’s Knowledge, Seller is not obligated under any contract or agreement containing a take-or-pay, advance payment, prepayment, or similar provision, or under any gathering, transmission, or any other contract or agreement with respect to any of the Assets to sell, gather, deliver, process, or transport any Hydrocarbons without then or thereafter receiving full payment therefor. (ii) except for Suspense Funds, to Seller’s Knowledge, all Royalties payable by Seller, and any other similar burdens on production due by Seller under or with respect to the Assets and Hydrocarbons produced therefrom or attributable thereto, have been properly and timely paid in all material respects. (iii) with respect to the Oil and Gas Properties that are in pay status, to Seller’s Knowledge, no share of proceeds to which Seller is entitled from or in connection with the sale of Hydrocarbons produced from such Oil and Gas Properties is currently (i) being held in suspense by the applicable operator or payor (excluding any instances where such amounts are being held in suspense solely in anticipation of receiving executed division orders) or (ii) incorrectly netted or paid to any Third Party or other Person.

Payment Matters. Subject to the terms and conditions of this Agreement, including those set forth in Section 1.9: