Payment of Deficiency. If the proceeds of realization are insufficient to pay all monetary Obligations, the Grantor shall forthwith pay or cause to be paid to the Agent any deficiency (the “Deficiency”) and the Agent may xxx the Grantor to collect the amount of the Deficiency.
Payment of Deficiency. If the proceeds of realization are insufficient to pay all monetary Obligations, the Debtor shall forthwith pay or cause to be paid to the Secured Party any deficiency and the Secured Party may xxx the Debtor to collect the amount of such deficiency; and
Payment of Deficiency. If any audit establishes that LICENSEE underpaid any amounts due to LICENSOR under this Agreement, then LICENSEE shall pay LICENSOR any such deficiency within [***] ([***]) days after receipt of written notice thereof unless it disputes the results of such audit in accordance with Section 14 (Dispute Resolution) of this Agreement. For the avoidance of doubt, such payment will be considered a late payment, subject to Section 4.1.5. If any audit establishes that LICENSEE overpaid any amounts due to LICENSOR under this Agreement, then LICENSEE shall be credited any such overpayment against future Royalties.
Payment of Deficiency. If the proceeds of realization are insufficient to pay all monetary Indebtedness, the Debtors shall forthwith pay or cause to be paid to the Lenders any deficiency and the Lenders may xxx the Debtors to collect the amount of such deficiency;
Payment of Deficiency. If any audit establishes that LICENSEE underpaid any amounts due to PFIZER under this Agreement, then LICENSEE shall pay PFIZER any such deficiency within [***] after receipt of written notice thereof. For the avoidance of doubt, such payment will be considered a late payment, subject to Section 5.1.5. If any audit establishes that LICENSEE overpaid any amounts due to PFIZER under this Agreement, then LICENSEE shall be entitled to take a credit against future amounts becoming due to PFIZER equal to the overpaid amount.
Payment of Deficiency. The Company covenants that, contemporaneously with any payment by the Trustee pursuant to Section 3.02, it will either (a) pay to the Trustee the advance rental provided in Section 4.04(A), and thereupon the Trustee shall, upon Request, pay to the Owner of the delivered Trust Equipment, by the use of such advance rental, the portion of the Cost of the delivered Trust Equipment not paid out of Deposited Cash as provided for in Section 3.02 or (b) deliver to the Trustee an executed counterpart of a receipt from such Owner evidencing the direct payment by the Company to such Owner of that portion of the Cost of such Trust Equipment equal to the amount of advance rental required to be paid to the Trustee pursuant to clause (a) of this sentence in respect of such Trust Equipment or, if the Company is the Owner of the delivered Trust Equipment, a statement to such effect; the intention being that the Company shall ultimately pay not less than __% of the Cost of all the Trust Equipment delivered to the Trustee pursuant to this Article Three, and the Trustee and the Company shall at any time, if occasion arises, adjust their accounts and payments to the end that the Trustee shall pay with Deposited Cash not more than __% of the Cost, and the Company shall pay as advance rental the remainder, to be not less than __% of such Cost.
Payment of Deficiency. If any audit establishes that Iterum underpaid any amounts due to Pfizer under this Agreement, then Iterum shall pay Pfizer any such deficiency within [ * ] after receipt of written notice thereof. For the avoidance of doubt, such payment will be considered a late payment, subject to Section 5.11. If any audit establishes that Iterum overpaid any amounts, then Pfizer shall refund such overpayment to Iterum within [ * ] after receipt of written notice thereof. [ * ] = 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 Act of 1933, as amended.
Payment of Deficiency. 13 SECTION 3.04. Supporting Papers . . . . . . . . . . . . . . . . 13 ARTICLE FOUR Lease of Trust Equipment to the Company . . . . . . . . . 14 SECTION 4.01. Lease of Trust Equipment to the Company . . . . . 14 SECTION 4.02.
Payment of Deficiency. If any audit establishes that Licensee has underpaid any amounts due to Pfizer under this Agreement, then Licensee shall pay to Pfizer any such deficiency within [***] after receipt of written notice thereof. For the avoidance of doubt, such payment will be considered a late payment, subject to Section 5.11.
Payment of Deficiency. If any such audit establishes that Licensee underpaid any amounts due to Pfizer under this Agreement, then Licensee shall pay Pfizer any such deficiency within sixty (60) days after receipt of written notice thereof and the relevant audit report. For the avoidance of doubt, such underpayment will be considered a late payment, subject to Section 5.8. If any audit, whether or not conducted by Pfizer, establishes that Licensee overpaid any amounts due to Pfizer under this Agreement, then Licensee shall immediately offset all such excess payments against any outstanding or future amounts payable by Licensee to Pfizer under this Agreement until Licensee has received full credit for all such overpayments. [***] Certain information in this document has been omitted from this exhibit because it is both (i) not material and (ii) would be competitively harmful if publicly disclosed.
