Payment of Recapture Amount Sample Clauses

Payment of Recapture Amount. Following delivery of any Recapture Notice pursuant to Section 7.2, the Retrocedent shall deliver or cause to be delivered to the Retrocessionaire within thirty (30) Business Days after the Recapture Effective Time, a Subject Business Accounting Report for the Quarterly Accounting Period ended on the Recapture Effective Time and a Reserve Report for the Quarterly Accounting Period ended on the Recapture Effective Time. Within ten (10) Business Days after the finalization of such Subject Business Accounting Report and Reserve Report in accordance with Section 7.5, the Recapture Amount specified in the Subject Business Accounting Report shall be payable to the Retrocedent by the Retrocessionaire. The Funds Withheld Account Balance shall be reduced by an amount equal to balances due to the Retrocedent hereunder, which balances shall be treated as settled to that extent, with any remaining balance being paid from the Lloyd’s Trust Account. Following the payment of any such remaining balance, the Lloyd’s Trust Agreement shall be terminated in accordance with the provisions of the Lloyd’s Trust Agreement and the Retrocedent shall consent to the release to the Retrocessionaire of all amounts in the Lloyd’s Trust Account. The payment of the Recapture Amount upon recapture shall constitute a complete and final release of the Retrocessionaire and the Retrocedent in respect of any and all known and unknown present and future obligations or liability of any nature to the Retrocedent or the Retrocessionaire, respectively, under this Agreement.
Sample 1
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Payment of Recapture Amount. Unless Pharmion has exercised its right to obtain Manufacturing rights as set forth in clause (b) below, Pharmion shall have the right and option, exercisable at any time within thirty (30) days following the occurrence of a Supply Interruption Event, by delivering written notice to Schering, to cause Schering to pay by wire transfer to a bank account designated by Pharmion that portion of the Recapture Amount as is calculated as set forth below: Period of Occurrence of Supply Interruption Event Percent of Recapture Amount ------------------------- --------------------------- Between 1st Anniversary and 2nd Anniversary of Inception Date 20% Between 2nd Anniversary and 3rd Anniversary of Inception Date 15% Between 3rd Anniversary and 4th Anniversary of Inception Date 10% After 4th Anniversary of Inception Date 0% The payment to Pharmion of the percentage of the Recapture Amount shall be without prejudice to any other rights or remedies that Pharmion may have against Schering under German law under this Agreement. Schering shall, however, not be liable to Pharmion for any indirect, incidental, special or consequential damages (including without limitation any damages arising from lost profits) arising in connection with any short fall or disruption of delivery of Product for which Pharmion had placed a Firm Order. Furthermore, Pharmion shall not be entitled to any duplicative recovery against Schering for damages based upon the same cause of action. Upon the payment to Pharmion of the percentage of the Recapture Amount as set forth above, this Agreement shall terminate and the provisions of Section 21 (Consequences of Termination) shall thereafter apply.
Sample 1
Payment of Recapture Amount. Owner shall promptly pay, when and if due pursuant to the Resale Restriction and Note, the Recapture Amount including the Excess Sales Proceeds and the Proportionate Share of Appreciation (all as defined in the Resale Restriction). Under the terms of the Note, the Note is not assumable by transferees of the Property, but is due in full upon any sale, assignment, or transfer.
Sample 1

Related to Payment of Recapture Amount

  • Payment of Repurchase Price The Repurchase Price shall be payable, at the option of the Company or its assignee(s), by check or by cancellation of all or a portion of any outstanding purchase money indebtedness owed by Participant to the Company, or such assignee, or by any combination thereof. The Repurchase Price shall be paid without interest within sixty (60) days after exercise of the Repurchase Option.

  • Late Payment of Rent, Etc If any installment of Minimum Rent, Additional Rent or Additional Charges (but only as to those Additional Charges which are payable directly to Landlord) shall not be paid within ten (10) days after its due date, Tenant shall pay Landlord, on demand, as Additional Charges, a late charge (to the extent permitted by law) computed at the Overdue Rate on the amount of such installment, from the due date of such installment to the date of payment thereof. To the extent that Tenant pays any Additional Charges directly to Landlord or any Facility Mortgagee pursuant to any requirement of this Agreement, Tenant shall be relieved of its obligation to pay such Additional Charges to the Entity to which they would otherwise be due. If any payments due from Landlord to Tenant shall not be paid within ten (10) days after its due date, Landlord shall pay to Tenant, on demand, a late charge (to the extent permitted by law) computed at the Overdue Rate on the amount of such installment from the due date of such installment to the date of payment thereof. In the event of any failure by Tenant to pay any Additional Charges when due, Tenant shall promptly pay and discharge, as Additional Charges, every fine, penalty, interest and cost which is added for non-payment or late payment of such items. Landlord shall have all legal, equitable and contractual rights, powers and remedies provided either in this Agreement or by statute or otherwise in the case of non-payment of the Additional Charges as in the case of non-payment of the Minimum Rent and Additional Rent.

  • Adjustment of Repurchase Price In determining the applicable repurchase price of the Stock and Options, as provided for in Sections 5 and 6, above, appropriate adjustments shall be made for any stock dividends, splits, combinations, recapitalizations or any other adjustment in the number of outstanding shares of Stock in order to maintain, as nearly as practicable, the intended operation of the provisions of Sections 5 and 6.

  • Payment of Fee The cash management fee referred to in Clause 9.1 (Fee Payable) shall only be payable to the Current Issuer Cash Manager on each Payment Date in the manner contemplated by, in accordance with and subject to the provisions of the Current Issuer Pre-Enforcement Revenue Priority of Payments or, as the case may be, the Current Issuer Post-Enforcement Priority of Payments.

  • Termination for Non-Payment We may terminate this Agreement with immediate effect by giving written notice to you if you fail to pay any amount due under this Agreement on the due date for payment and remain in default not less than thirty

  • Termination Fee (a) In the event that:

  • Limitation on Payment of Rent All agreements between Landlord and Tenant herein are hereby expressly limited so that in no contingency or event whatsoever, whether by reason of acceleration of Rent, or otherwise, shall the Rent or any other amounts payable to Landlord under this Agreement exceed the maximum permissible under applicable law, the benefit of which may be asserted by Tenant as a defense, and if, from any circumstance whatsoever, fulfillment of any provision of this Agreement, at the time performance of such provision shall be due, shall involve transcending the limit of validity prescribed by law, or if from any circumstances Landlord should ever receive as fulfillment of such provision such an excessive amount, then, ipso facto, the amount which would be excessive shall be applied to the reduction of the installment(s) of Minimum Rent next due and not to the payment of such excessive amount. This provision shall control every other provision of this Agreement and any other agreements between Landlord and Tenant.

  • Payment upon Early Termination (a) Within three (3) calendar days after an Early Termination Effective Date, the Corporate Taxpayer shall pay to each TRA Party an amount equal to the Early Termination Payment in respect of such TRA Party. Such payment shall be made by wire transfer of immediately available funds to a bank account or accounts designated by such TRA Party or as otherwise agreed by the Corporate Taxpayer and such TRA Party or, in the absence of such designation or agreement, by check mailed to the last mailing address provided by such TRA Party to the Corporate Taxpayer.

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