Payment of Cure Amount. Notwithstanding the foregoing, Manager shall have the option (but not the obligation) to cure any Performance Test failure by delivering written notice to Owner within thirty (30) days after Manager’s receipt of Owner’s Termination Notice (“Manager’s Response Notice”) and paying to Owner the Cure Amount; provided, however, in the event Manager shall within such thirty (30) day period dispute in good faith Owner’s description and accounting with respect to Manager’s failure to meet the Performance Test, the matter shall be submitted to arbitration in accordance with Section 17.16 hereof.

Payment of Cure Amount. (a) Subject to Section ---------------------- 3.03 (a) (J) hereof, upon the exercise of any remedy available to the Class A Member pursuant to the terms of this Agreement, the Class B Member may contribute to the Company an amount sufficient to return to the Class A Members all of the Capital Contributions made by the Class A Members to the Company, together with an internal rate of return on such Capital Contributions of 16% per annum (the "CURE AMOUNT"); provided, however, that payment of the Cure Amount shall not preclude the Class A Members from receiving, pursuant to the terms of Sections 6.01(A) and 6.01(B), any ---------------- ------- distributions in excess of the Cure Amount. Upon payment by the Company to the Class A Member of the Cure Amount, any default that triggered such remedy shall be deemed cured. (b) Notwithstanding paragraph (a) of this Section 6.05 or ------------ Section 3.03(a)(J) hereof, upon the occurrence of a Change of Control Event ------------------ the Class B Member may contribute to the Company an amount sufficient to return to the Class A Member (i) the Cure Amount and (ii) an additional return equal to a 4% per annum return on all Capital Contributions made by the Class A Member, as calculated for the period from the date of such prepayment until the expiration of the Lock-Out Period. Upon payment by the Company to the Class A Member of such amount (the "TERMINATION DATE"), the Control Event shall be deemed cured and all other rights and obligations, if any, of the Class A Member under the terms of this Agreement shall terminate.

Payment of Cure Amount. If Owner provides Manager with the Performance Notice and Manager pays the Cure Amount to Owner within sixty days after receipt by Manager of Double Tree Resort by Hiltxx Xxxxxx Xxxch Oceanfront - MA the Performance Notice, the Performance Notice is deemed to have been withdrawn and Owner has no right to terminate this Agreement pursuant to Section 11.01 unless the Measurement Years relate to two consecutive Full Operating Years after the two Measurement Years to which the Performance Notice was related. Manager shall have the right to pay the Cure Amount two times during the Initial Term and once during any Extension Term.

Payment of Cure Amount. 12 5.2 Calculation of Cure Amount.............................................................................. 13 5.3

Payment of Cure Amount. The parties hereto acknowledge and agree that the amount to cure the defaults under the ESA is $2,573,771.61 calculated as of August 15, 2002 (the "Cure Amount"). Of the Cure Amount, the sum of $1,861,898.50 (calculated as of August 15, 2002, and subject to adjustment as set forth herein) shall be paid by Gaming to Northwind in immediately available funds on the Payment Date. The Cure Amount shall be increased by (i) all Post-Petition Consumption Charges, Debt Service Amounts (at the non-default rate), Operational Charges and Impositions which become due and are invoiced by Northwind to Gaming between August 16, 2002 and the date of this Agreement in accordance with the ESA and which have not previously been paid by Gaming as of the Payment Date plus (ii) (but without duplication of any amounts described in this SECTION 5.1) all amounts which become due and are invoiced by Northwind to Gaming from and after the date of this Agreement as set forth in SECTION 5.4 below which have not been paid prior to the Payment Date plus (iii) the per diem amounts as set forth in SECTION 5.2(e) below in respect of Return on Equity Amounts owed by Gaming for each day from August 16, 2002 through the end of the Interim Equity Return Period. The remaining portion of the Cure Amount which exceeds $1,861,898.50 (the "Deferred Cure Payment") shall be payable only in the event that either the Gaming Bankruptcy Case is converted to a proceeding under Chapter 7 of the Bankruptcy Code or (x) the Gaming Bankruptcy Court has entered a Final Order approving the assignment of the Gaming/Northwind Agreements to a third-party assignee or confirming a plan of reorganization or liquidation for Gaming and (y) for not less than four consecutive fiscal quarters, the EBITDA (as defined herein) of such third-party assignee (or the portion of such EBITDA derived from assets purchased from Gaming) or Gaming itself, as the case may be, equals or exceeds 125% of the Total Debt Service (as defined herein) of such third-party assignee (or the portion of such EBITDA derived from assets purchased from Gaming) or Gaming itself, as the case may be, tested quarterly for the period of four fiscal quarters then ending and (z) a majority of the Noteholders measured by principal amount (the "Noteholder Majority"), in its discretion, shall have delivered written notice in substantially the form attached as EXHIBIT "K" to this Agreement to Gaming or its assignee demanding payment of the Deferred Cure Payment or...

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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.
Payment Amount Payment for the Services shall be as follows: (choose one) ☐ - $______________________ for the Services (“Payment”). ☐ - At an hourly rate of $____ per hour (“Payment”). ☐ - Other. ______________________________________________ (“Payment”) If the Subcontractor asserts a claim which involves, in whole or in part, acts or omissions which are the responsibility of the Client or another person for whom a claim may be submitted, including but not limited to, claims for failure to pay, an extension of time, impacts, delay damages, or extra work, the Contractor shall present the Subcontractor's claim to the Client or other responsible party provided the Subcontractor presents to Contractor competent supporting evidence and in sufficient time for the Contractor to do so. The Subcontractor shall cooperate fully with the Contractor in any and all steps the Contractor takes in connection with prosecuting such a claim and shall hold harmless and reimburse the Contractor for all expenses, including legal expenses, incurred by the Contractor which arise out of the Contractor's submission of the Subcontractor's claims to the Client or other responsible party(ies). The Subcontractor shall be bound by any adjudication or award in any action or proceeding resolving such a claim.
Payments from the Gross Settlement Amount Within 14 days after Defendants fund the Gross Settlement Amount, the Administrator will mail checks for all Individual Class Payments, all Individual PAGA Payments, the LWDA PAGA Payment, the Administration Expenses Payment, the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, and the Class Representative Service Payment. Disbursement of the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment and the Class Representative Service Payment shall not precede disbursement of Individual Class Payments and Individual PAGA Payments. 4.4.1. The Administrator will issue checks for the Individual Class Payments and/or Individual PAGA Payments and send them to the Class Members via First Class U.S. Mail, postage prepaid. The face of each check shall prominently state the date (not less than 180 days after the date of mailing) when the check will be voided. The Administrator will cancel all checks not cashed by the void date. The Administrator will send checks for Individual Settlement Payments to all Participating Class Members (including those for whom Class Notice was returned undelivered). The Administrator will send checks for Individual PAGA Payments to all Aggrieved Employees including Non-Participating Class Members who qualify as Aggrieved Employees (including those for whom Class Notice was returned undelivered). The Administrator may send Participating Class Members a single check combining the Individual Class Payment and the Individual PAGA Payment. Before mailing any checks, the Settlement Administrator must update the recipients’ mailing addresses using the National Change of Address Database. 4.4.2. The Administrator must conduct a Class Member Address Search for all other Class Members whose checks are retuned undelivered without USPS forwarding address. Within 7 days of receiving a returned check the Administrator must re-mail checks to the USPS forwarding address provided or to an address ascertained through the Class Member Address Search. The Administrator need not take further steps to deliver checks to Class Members whose re-mailed checks are returned as undelivered. The Administrator shall promptly send a replacement check to any Class Member whose original check was lost or misplaced, requested by the Class Member prior to the void date. 4.4.3. For any Class Member whose Individual Class Payment check or Individual PAGA Payment check is uncashed and cancelled after the void date, the Administrator shall transmit the funds represented by such checks to the California Controller's Unclaimed Property Fund in the name of the Class Member thereby leaving no "unpaid residue" subject to the requirements of California Code of Civil Procedure Section 384, subd. (b). 4.4.4. The payment of Individual Class Payments and Individual PAGA Payments shall not obligate Defendants to confer any additional benefits or make any additional payments to Class Members (such as 401(k) contributions or bonuses) beyond those specified in this Agreement.
Cash Payment The Employee shall make cash payments by wire transfer, certified or bank check or personal check, in each case payable to the order of the Company; the Company shall not be required to deliver certificates for Option Shares until the Company has confirmed the receipt of good and available funds in payment of the purchase price thereof.
Returned Payment Fee If your account is subject to a Returned Payment Fee, the fee will be charged to your account when a payment is returned for any reason.
Cash Payments Merchant may not receive any payments from a Cardholder for charges included in any Transaction resulting from the use of any Card nor receive any payment from a Cardholder to prepare and present a Transaction for the purpose of affecting a deposit to the Cardholder's Card account.
Cash Any U.S. dollars available to the Depositary resulting from a cash dividend or other cash distribution or the net proceeds of sales of any other distribution or portion thereof authorized in this paragraph (10) ("Cash"), on an averaged or other practicable basis, subject to (i) appropriate adjustments for taxes withheld, (ii) such distribution being impermissible or impracticable with respect to certain Holders, and (iii) deduction of the Depositary's expenses in (1) converting any foreign currency to U.S. dollars by sale or in such other manner as the Depositary may determine to the extent that it determines that such conversion may be made on a reasonable basis, (2) transferring foreign currency or U.S. dollars to the United States by such means as the Depositary may determine to the extent that it determines that such transfer may be made on a reasonable basis, (3) obtaining any approval or license of any governmental authority required for such conversion or transfer, which is obtainable at a reasonable cost and within a reasonable time and (4) making any sale by public or private means in any commercially reasonable manner. (b)
Distributions Payable in Cash; Redemption Payments In the event that the Board of the Investment Company shall declare a distribution payable in cash, the Investment Company shall deliver to FTIS written notice of such declaration signed on behalf of the Investment Company by an officer thereof, upon which FTIS shall be entitled to rely for all purposes, certifying (i) the amount per share to be distributed, (ii) the record and payment dates for the distribution, and (iii) that all appropriate action has been taken to effect such distribution. Once the amount and validity of any dividend or redemption payments to shareholders have been determined, the Investment Company shall transfer the payment amounts from the Investment Company's accounts to an account or accounts held in the name of FTIS, as paying agent for the shareholders, in accordance with any applicable laws or regulations, and FTIS shall promptly cause payments to be made to the shareholders.
PAYMENT OF LOAN FEE Borrower shall pay to Lender a fee in the amount of One Thousand Five Hundred and 00/100 Dollars ($1,500.00) (the "Loan Fee") plus all out-of-pocket expenses.
Payment of Amounts The Death Benefit payable on the death of the Owner, or after the death of the first Owner, or upon the death of the spouse who continues the Contract, will be distributed to the designated Beneficiary(s) as follows:

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