Payment Schedule. a) The payment schedule of the Sale Price of the Apartment and VAT imposed thereon (exclusive of the Maintenance Fee of Commonly Owned Areas) shall be as follows: First Instalment immediately upon signing this Contract 15% Second Instalment After having completed the roofing and the fit-out is finished up to 24th 15% floor of the Apartment Building, tentatively before 06 February 2019. Third Instalment After having completed the roofing and the fit-out is finished up to 29th floor of the Apartment Building, tentatively before 06 March 2019. 15% Fourth Instalment No later than 06 April 2019. 15% Fifth Instalment No later than 06 May 2019. 10% Sixth Instalment On the Hand-over Date 25% Seventh Instalment On the date the Seller hands over the LURC to the Buyer 5% b) Before the Hand-over Date, Both Parties shall agree to appoint an independent third party who is functional for implementing the measurement of Carpet Area of the Apartment (“Actual Area”); the Actual Area of the Apartment shall be final and binding on both Parties. In case, there are differences between the Actual Area of the Apartment and the Usable Area of the Apartment provided in the Contract: - equivalent to or less than 2% of the Usable Area of the Apartment, the Sale Price shall remain the same; or - the increased or decreased amount is higher than 2% of the Usable Area of the Apartment, then: (i) The Sale Price shall be increased by more than 2% (in case the Actual Area is higher than the Usable Area under this Contract) by an adjustment amount determined as follows: Adjustment Amount = Unit Price X Actual Area – Usable Area of the Apartment under the Contract (ii) The Sale Price shall be decreased by more than 2% (in case the Actual Area is higher than the Usable Area stated in this Contract) by an adjustment amount determined as follows: Adjustment Amount = Unit Price X Usable Area of the Apartment under the Contract - Actual Area The adjustment amount of the Sale Price arising from the difference between the Actual Area and the Usable Area of the Apartment shall be paid within seven (07) days from the signing date of the Hand-over Minutes. c) The payment schedule of the Maintenance Fee of Commonly Owned Areas in the Apartment Building: The Buyer shall be obliged to pay the Maintenance Fee of Commonly Owned Areas in the Apartment Building (to be determined based on the Sale Price exclusive of tax and subject to relevant adjustment as provided for in Item (b), Clause 3, Article 3 of this Contract) to the Seller on the date the Apartment shall be handed over to the Buyer. Within 07 days from the Seller’s receipt of the Buyer’s Maintenance Fee of Commonly Owned Areas, the Seller shall be obliged to place such amount into a saving account opened at a credit institute operating in Vietnam for the purpose of managing such amount. Within 07 days from the establishment of the Management Board of the Apartment Building, the Seller shall be obliged to hand over such amount including the interest there on to the Management Board of the Apartment Building for the purpose of its management and use in accordance with laws.
Appears in 1 contract
Samples: Sales & Purchase Agreement
Payment Schedule. a) The payment schedule of the Sale Price of the Apartment and VAT imposed thereon (exclusive of the Maintenance Fee of Commonly Owned Areas) shall be as follows: First Instalment immediately upon signing this Contract 15% Second Instalment After having completed the roofing and the fit-out is finished up to 24th 15% floor of the Apartment Building, tentatively before 06 February 2019. Third Instalment After having completed the roofing and the fit-out is finished up to 29th floor of the Apartment Building, tentatively before 06 March 2019. 15% Fourth Instalment No later than 06 April 2019. 15% Fifth Instalment No later than 06 May 2019. 10% Sixth Instalment On the Hand-over Date 25% Seventh Instalment On Commencing on the date the Seller hands over the LURC to the Buyer 5%
b) Before the Hand-over Date, Both Parties shall agree to appoint an independent third party who which is functional for implementing the measurement of Carpet Area of the Apartment thirty (“Actual Area”); the Actual Area of the Apartment shall be final and binding on both Parties. In case, there are differences between the Actual Area of the Apartment and the Usable Area of the Apartment provided in the Contract: - equivalent to or less than 2% of the Usable Area of the Apartment, the Sale Price shall remain the same; or - the increased or decreased amount is higher than 2% of the Usable Area of the Apartment, then:
(i) The Sale Price shall be increased by more than 2% (in case the Actual Area is higher than the Usable Area under this Contract) by an adjustment amount determined as follows: Adjustment Amount = Unit Price X Actual Area – Usable Area of the Apartment under the Contract
(ii) The Sale Price shall be decreased by more than 2% (in case the Actual Area is higher than the Usable Area stated in this Contract) by an adjustment amount determined as follows: Adjustment Amount = Unit Price X Usable Area of the Apartment under the Contract - Actual Area The adjustment amount of the Sale Price arising from the difference between the Actual Area and the Usable Area of the Apartment shall be paid within seven (0730) days from the signing Date of this Note and on the same day of each month thereafter until the Maturity Date ("Monthly Payment Dates"), Maker shall pay installments of interest only ("Monthly Payments"). The amount of each Monthly Payment for the first six Monthly Payments shall be calculated on the Date of this Note based on the Interest Rate then in effect and the outstanding principal amount due on the Date of this Note. The amount of each Monthly Payment for the next succeeding six months shall be calculated on each Interest Adjustment Date contemporaneously with the calculation of the Interest Rate adjustment. The Monthly Payments shall remain constant during each six-month period, notwithstanding the fact that if any prepayments of principal are received during such period, the "interest only" Monthly Payments shall actually be partially interest payments and partially principal payments as a result of the reductions in outstanding principal. Payee shall provide a loan history ("Loan History") to Maker identifying the application of the principal and interest payments received by Payee during the immediately preceding six- month period contemporaneously with the written notification to Maker of the calculation of the adjusted Interest Rate and the adjusted Monthly Payment for the next succeeding six-month period. Payee shall provide the written notification of the semi-annual adjustment to the Interest Rate, the new amount of the Monthly Payment and the Loan History to Maker at least ten (10) days prior to the due date of the Hand-over Minutes.
c) The payment schedule of next Monthly Payment. In the Maintenance Fee of Commonly Owned Areas in the Apartment Building: The Buyer shall be obliged to pay the Maintenance Fee of Commonly Owned Areas in the Apartment Building (to be determined based on the Sale Price exclusive of tax and subject to relevant adjustment as provided for in Item (b), Clause 3, Article 3 of this Contract) to the Seller on the date the Apartment shall be handed over to the Buyer. Within 07 days from the Seller’s receipt of the Buyer’s Maintenance Fee of Commonly Owned Areas, the Seller shall be obliged to place event such amount into a saving account opened at a credit institute operating in Vietnam for the purpose of managing such amount. Within 07 days from the establishment of the Management Board of the Apartment Building, the Seller shall be obliged to hand over such amount including the interest there on to the Management Board of the Apartment Building for the purpose of its management and use notice is not timely delivered in accordance with lawsPARAGRAPH 18, Maker's next Monthly Payment shall not become due until ten (10) days following receipt of such notice; provided, however, that the succeeding Monthly Payments shall be due and payable on the regularly scheduled Monthly Payment Dates unless such notice is received on or after the due date for the next scheduled Monthly Payment, in which event that Monthly Payment shall be due ten (10) days following receipt of such notice by Maker and the succeeding Monthly Payments shall be due and payable in monthly intervals following the date of receipt of such notice. All Monthly Payments shall be applied first to accrued interest and then to the principal balance. The entire remaining Principal Amount and all accrued and unpaid interest shall be due and payable in full on the Maturity Date.
Appears in 1 contract
Payment Schedule. a) The payment schedule of amounts advanced by Payee under the Sale Price of the Apartment Revolving Loan Tranche and VAT imposed thereon (exclusive of the Maintenance Fee of Commonly Owned Areas) shall repaid by Maker may be re-borrowed as follows: First Instalment immediately upon signing this Contract 15% Second Instalment After having completed the roofing and the fit-out is finished up to 24th 15% floor of the Apartment Building, tentatively before 06 February 2019. Third Instalment After having completed the roofing and the fit-out is finished up to 29th floor of the Apartment Building, tentatively before 06 March 2019. 15% Fourth Instalment No later than 06 April 2019. 15% Fifth Instalment No later than 06 May 2019. 10% Sixth Instalment On the Hand-over Date 25% Seventh Instalment On the date the Seller hands over the LURC to the Buyer 5%
b) Before the Hand-over Date, Both Parties shall agree to appoint an independent third party who is functional for implementing the measurement of Carpet Area of the Apartment (“Actual Area”); the Actual Area of the Apartment shall be final and binding on both Parties. In case, there are differences between the Actual Area of the Apartment and the Usable Area of the Apartment provided in the Contract: - equivalent to or less than 2% Loan Agreement. The amounts advanced by Payee under the Term Loan Tranche and repaid by Maker may not be re-borrowed, and shall permanently reduce the amount of the Usable Area of loan evidenced by this Note and the Apartment, the Sale Price other Loan Documents. The amounts advanced under this Note shall remain the same; or - the increased or decreased amount is higher than 2% of the Usable Area of the Apartment, thenbe due and payable as follows:
(ia) The Sale Price With respect to amounts advanced under the Revolving Loan Tranche, Maker shall be increased by more than 2% pay Payee all then accrued but unpaid interest (in case including without limitation, all interest accruing under any Base Rate Tranche and under any LIBOR Rate Tranche) on the Actual Area fifth (5th) day of each calendar month until the Maturity Date.
(b) With respect to amounts advanced under the Term Loan Tranche, Maker shall pay Payee all then accrued but unpaid interest (including without limitation, all interest accruing under any Base Rate Tranche and under any LIBOR Rate Tranche) on the fifth (5th) day of each calendar month until the Maturity Date. In addition to the foregoing monthly interest payments, commencing on June 5, 2011 and continuing regularly on the fifth (5th) day of each calendar quarter thereafter until the Maturity Date (i.e., each September 5, December 5, March 5 and June 5), Maker shall make a principal payment of $500,000 to Payee under the Term Loan Tranche, but only to the extent of any principal then outstanding under the Term Loan Tranche; provided, further, if there is higher than not sufficient principal then outstanding under the Usable Area under this Contract) by an adjustment amount determined as follows: Adjustment Amount = Unit Price X Actual Area – Usable Area Term Loan Tranche on account of Maker not previously requesting disbursements of the Apartment under Term Loan Tranche, then the Contract
(ii) The Sale Price shall be decreased by more than 2% (in case the Actual Area is higher than the Usable Area stated in this Contract) by an adjustment amount determined as follows: Adjustment Amount = Unit Price X Usable Area of the Apartment under the Contract - Actual Area The adjustment amount of the Sale Price arising Term Loan Tranche shall be reduced by the amount of principal that Maker would have been required to pay to Payee had the Loan proceeds been previously advanced under the Term Loan Tranche.
(c) In addition to the foregoing principal payments due under the Term Loan Tranche, any distributions received by Maker from its investment in CJUF II Stratus Block 21 LLC (the difference between "Block 21 Entity") shall, after repayment of any amounts due to the Actual Area senior lender and mezzanine lender having a lien or security interest on the Block 21 project (being the W Austin Hotel and Condominium Residences) and/or the Block 21 Entity, be paid to Payee and applied against the Term Loan Tranche to the extent of any outstanding principal thereunder; provided, further, if there is not sufficient principal then outstanding under the Term Loan Tranche on account of Maker not previously requesting a disbursement of the Term Loan Tranche, then the amount of the Term Loan Tranche shall be reduced by the amount of excess distributions received by Maker (after repayment of the outstanding principal under the Term Loan Tranche) and the Usable Area amount of the Apartment Term Loan Tranche available to be disbursed to Maker shall be paid within seven (07) days from reduced by the signing date amount of the Hand-over Minutesexcess distributions so received by Maker.
c(d) The payment schedule of outstanding principal balance hereof and any and all accrued but unpaid interest thereon, including without limitation, all amounts outstanding under the Maintenance Fee of Commonly Owned Areas in Revolving Loan Tranche and the Apartment Building: The Buyer Term Loan Tranche, shall be obliged to pay the Maintenance Fee of Commonly Owned Areas due and payable in the Apartment Building (to be determined based full on the Sale Price exclusive of tax and subject to relevant adjustment as provided for in Item (b)Maturity Date or upon earlier maturity hereof, Clause 3, Article 3 of this Contract) to the Seller on the date the Apartment shall be handed over to the Buyer. Within 07 days from the Seller’s receipt of the Buyer’s Maintenance Fee of Commonly Owned Areas, the Seller shall be obliged to place such amount into a saving account opened at a credit institute operating in Vietnam for the purpose of managing such amount. Within 07 days from the establishment of the Management Board of the Apartment Building, the Seller shall be obliged to hand over such amount including the interest there on to the Management Board of the Apartment Building for the purpose of its management and use in accordance with lawswhether by acceleration or otherwise."
Appears in 1 contract
Samples: Modification and Extension Agreement (Stratus Properties Inc)
Payment Schedule. aSubject to any payment changes resulting from changes in the Index, Borrower will pay this Loan in accordance with the following payment schedule: THIRTY-FIVE (35) monthly payments, initially in the MINIMUM amount of $159,989.00 each, and ONE final payment of all outstanding principal and accrued interest on NOVEMBER 20, 2004 ("Final Payment Date"). Borrower's first payment is due on DECEMBER 20, 2001, and each subsequent payment is due on the same day of each month thereafter, until the Final Payment Date. The initial monthly payment schedule was calculated as if the Loan was for a fully amortized term of 300 months (the "Initial Amortization Period") at the annual interest rate in effect as of the Sale Price date of the Apartment and VAT imposed thereon (exclusive of the Maintenance Fee of Commonly Owned Areas) shall be as follows: First Instalment immediately upon signing this Contract 15% Second Instalment After having completed the roofing and the fit-out is finished up to 24th 15% floor of the Apartment Building, tentatively before 06 February 2019Note. Third Instalment After having completed the roofing and the fit-out is finished up to 29th floor of the Apartment Building, tentatively before 06 March 2019. 15% Fourth Instalment No later than 06 April 2019. 15% Fifth Instalment No later than 06 May 2019. 10% Sixth Instalment On the Hand-over Date 25% Seventh Instalment On the date the Seller hands over the LURC to the Buyer 5%
b) Before the Hand-over Date, Both Parties shall agree to appoint an independent third party who is functional for implementing the measurement of Carpet Area of the Apartment (“Actual Area”); the Actual Area of the Apartment shall be final and binding on both Parties. In case, there are differences between the Actual Area of the Apartment and the Usable Area of the Apartment provided in the Contract: - equivalent to or less than 2% of the Usable Area of the Apartment, the Sale Price shall remain the same; or - the increased or decreased amount is higher than 2% of the Usable Area of the Apartment, then:
(i) The Sale Price shall be increased by more than 2% (in case the Actual Area is higher than the Usable Area under this Contract) by an adjustment amount determined as follows: Adjustment Amount = Unit Price X Actual Area – Usable Area of the Apartment under the Contract
(ii) The Sale Price shall be decreased by more than 2% (in case the Actual Area is higher than the Usable Area stated in this Contract) by an adjustment amount determined as follows: Adjustment Amount = Unit Price X Usable Area of the Apartment under the Contract - Actual Area The adjustment amount of the Sale Price arising from minimum monthly payment is subject to change every six months during the difference between the Actual Area and the Usable Area term of the Apartment shall be paid within seven Loan (07"Payment Change Date") days from beginning on the signing due date of the Hand-over Minutes.
c) The 7th scheduled monthly payment schedule of the Maintenance Fee of Commonly Owned Areas in the Apartment Building: The Buyer shall be obliged to pay the Maintenance Fee of Commonly Owned Areas in the Apartment Building (to be determined based on the Sale Price exclusive interest rate in effect the month preceding the Payment Change Date and the remaining principal balance as hereinafter provided. On each Payment Change Date and beginning with that payment, the required minimum payment amount due on that date and on the due date of tax and the monthly payment thereafter until the next Payment Change Date (subject to relevant adjustment additional amounts to cover any shortfall in required interest payments as provided for in Item (bhereinafter provided), Clause 3will be that amount which would be sufficient to repay the outstanding principal balance of the Note as of the Payment Change Date, Article 3 plus interest accruing thereon at the annual rate then in effect, in equal monthly payments as if the Loan term was the remainder of the Initial Amortization Period; provided that the full amount of unpaid principal and unpaid accrued interest will be due and payable on the Final Payment Date. Borrower understands and agrees that the interest rate on this Note may change monthly and that in the event the interest rate increases at any time during the term of this Contract) Note, there is a possibility that such minimum monthly payments may not be sufficient to pay in full all monthly accrued interest; in which event, Borrower agrees to pay to Lender, upon demand, such additional sums which, together with and in addition to the Seller minimum monthly payment then in effect, will be sufficient to pay in full all such accrued unpaid interest on the due date of each monthly payment hereunder. In the Apartment event of such increases in interest rate between Payment Change Dates, Borrower understands that unpaid principal due on the Note may not be reduced by Borrower's monthly payments and that the amount of the final payment due on the Note may be greater than any prior estimate. For purposes of computing the amount of interest accruing during the month preceding each payment due date, the annual interest rate computed as set forth below shall be handed over to based on the Buyer. Within 07 days from Index (hereinafter defined) in effect on the Seller’s receipt 10th day of the Buyer’s Maintenance Fee of Commonly Owned Areasmonth preceding the date each payment is due. The annual interest rate for this Note is computed on a 365/360 basis; that is, by applying the Seller shall be obliged to place such amount into a saving account opened at a credit institute operating in Vietnam for the purpose of managing such amount. Within 07 days from the establishment ratio of the Management Board annual interest rate over a year of 360 days, multiplied by the Apartment Buildingoutstanding principal balance, multiplied by the Seller shall actual number of days the principal balance is outstanding. Borrower will pay Lender at Lender's address shown above or at such other place as Lender may designate in writing. Unless otherwise agreed or required by applicable law, payments will be obliged applied first to hand over such accrued unpaid interest, then to principal, and any remaining amount including the interest there on to the Management Board of the Apartment Building for the purpose of its management any unpaid collection costs and use in accordance with lawslate charges. BORROWER UNDERSTANDS AND AGREES THAT LENDER HAS MADE NO COMMITMENT AND HAS NO OBLIGATION TO REFINANCE THE BALLOON PAYMENT OR EXTEND THE TERM OF THIS NOTE BEYOND THE FINAL PAYMENT DATE AND LENDER IS ENTITLED TO PAYMENT IN FULL AT THAT TIME.
Appears in 1 contract
Payment Schedule. a) The payment schedule Payment of the Sale Price outstanding principal of this Note shall be due and payable in 120 installments (“Installments”) commencing on December 1, 2009 and continuing on the Apartment first day of each calendar month through November 1, 2019 (collectively, the “Installment Dates”). Installments are payable in the following amounts (subject to the other terms of this Note): (A) the amount of principal and VAT imposed thereon accrued interest payable in the first one hundred nineteen (exclusive 119) Installments shall be equal Installments of principal and interest, calculated on the Maintenance Fee basis of Commonly Owned Areasa 30-year amortization of this Note and (B) the one hundred twentieth (120th) Installment shall be a final, “balloon”, Installment in the amount of all then-outstanding principal, interest and other amounts then outstanding hereunder. Schedule A to this Note sets forth the schedule and amount of such Installments. Notwithstanding the foregoing, (C) all outstanding principal and interest shall become due and payable on the date, if any, on which the principal amount, or part thereof, of this Note is accelerated and (D) the amount of principal specified in any Prepayment Notice (as defined hereafter) shall be as follows: First Instalment immediately upon signing this Contract 15% Second Instalment After having completed the roofing and the fit-out is finished up to 24th 15% floor of the Apartment Building, tentatively before 06 February 2019. Third Instalment After having completed the roofing and the fit-out is finished up to 29th floor of the Apartment Building, tentatively before 06 March 2019. 15% Fourth Instalment No later than 06 April 2019. 15% Fifth Instalment No later than 06 May 2019. 10% Sixth Instalment On the Hand-over Date 25% Seventh Instalment On payable on the date the Seller hands over the LURC to the Buyer 5%
b) Before the Hand-over specified for such payment in that Notice of Prepayment. On each Installment Date, Both Parties shall agree to appoint an independent third party who is functional for implementing the measurement of Carpet Area of the Apartment (“Actual Area”); the Actual Area of the Apartment shall be final and binding on both Parties. In case, there are differences between the Actual Area of the Apartment and the Usable Area of the Apartment provided in the Contract: - equivalent to or less than 2% of the Usable Area of the Apartment, the Sale Price shall remain the same; or - the increased or decreased amount is all interest accrued at a rate higher than 26.5% per annum shall also be payable. Costs and expenses such as may become payable hereunder are payable at the earlier of the Usable Area of the Apartment, then:
(i) The Sale Price shall be increased by more than 2% (in case the Actual Area is higher than the Usable Area under this Contract) by an adjustment amount determined as follows: Adjustment Amount = Unit Price X Actual Area – Usable Area demand of the Apartment under the Contract
Holder; or (ii) The Sale Price the next succeeding Installment Date. All payments hereunder are payable at any United States address or by wire transfer to any United States bank account, in each case as the Holder may designate from time to time to the Company. Whenever any payment to be made hereunder would otherwise become due on a date which is not a Business Day (as hereinafter defined), the payment shall be decreased by more than 2% (made on the next succeeding Business Day and such extension of time shall be included in case the Actual Area is higher than the Usable Area stated in this Contract) by an adjustment amount determined as follows: Adjustment Amount = Unit Price X Usable Area computation of the Apartment under the Contract - Actual Area The adjustment amount payment of the Sale Price arising from the difference between the Actual Area and the Usable Area of the Apartment shall be paid within seven (07) days from the signing date of the Hand-over Minutes.
c) The payment schedule of the Maintenance Fee of Commonly Owned Areas interest with respect to such payment. “Business Day” means any day on which banks in the Apartment Building: The Buyer shall be obliged to pay the Maintenance Fee City of Commonly Owned Areas in the Apartment Building (to be determined based on the Sale Price exclusive of tax and subject to relevant adjustment as provided Los Angeles, California are generally open for in Item (b), Clause 3, Article 3 of this Contract) to the Seller on the date the Apartment shall be handed over to the Buyer. Within 07 days from the Seller’s receipt of the Buyer’s Maintenance Fee of Commonly Owned Areas, the Seller shall be obliged to place such amount into a saving account opened at a credit institute operating in Vietnam for the purpose of managing such amount. Within 07 days from the establishment of the Management Board of the Apartment Building, the Seller shall be obliged to hand over such amount including the interest there on to the Management Board of the Apartment Building for the purpose of its management and use in accordance with lawsbusiness.
Appears in 1 contract
Samples: Security Agreement (General Environmental Management, Inc)
Payment Schedule. a) The payment schedule On the effective date hereof, the P-OEM shall pay the Base Claim Amount for the first two full quarterly periods (and any initial stub quarterly period). Thereafter, commencing after receipt of the Sale Price first Quarterly Accounting for the first Quarterly Reporting Period, the P-OEM shall pay in full the Adjusted Base Claim Amount calculated for the second quarterly period following the Quarterly Reporting Period (the “Quarterly Payment Period”). For example, if the Quarterly Reporting Period is the first quarter, the Quarterly Payment Period shall be the third quarter; if the Quarterly Reporting Period is the sixth quarter, the Quarterly Payment Period shall be the eighth quarter. The P-OEM shall make such payment within thirty (30) calendar days (the “Quarterly Payment Date”) of receipt of the Apartment and VAT imposed thereon (exclusive Quarterly Accounting; provided, however, that with respect to the initial payment, if any, required to be made by the P-OEM pursuant to section 6.4(b) of the Maintenance Fee of Commonly Owned Areas) PSAN PI/WD TDP, the P-OEM shall be required to pay such amount (after taking into account the Net Liquidated Value of such P-OEM Claim) in accordance with the time period established in section 6.4(b) of the PSAN PI/WD TDP and not on the Quarterly Payment Date. Any payments pursuant to this section 1.4 Except as follows: First Instalment provided in section 1.3 herein and unless otherwise extended by the Trustee in his or her discretion, no later than fourteen (14) calendar days after receipt of the Monthly Accounting (the “Payment Deadline”), the P-OEM shall pay the Trust the aggregate Net Liquidated Value of the P-OEM Claims that were liquidated during the prior calendar month as set forth in the Monthly Accounting. Such payment shall be made by wire transfer of immediately upon signing available funds to a segregated account established by the Trustee solely to hold amounts contributed to the PSAN PI/WD Trust by the P-OEM for payment of liquidated P-OEM Claims against the P-OEMthe Net Liquidated Value of P-OEM Claims against the P-OEM and P-OEM Expenses (the “P-OEM Account”), and any such amounts paid by the P-OEM shall not be commingled with any other funds contributed to the PSAN PI/WD Trust. In addition, no amounts paid by the P-OEM shall be utilized to pay any other costs, in whole or in partexpenses or liabilities of the Trust that are not attributable to the administration and payment of the P-OEM Claims against the P-OEM, including, without limitation, administrative expenses or claims asserted with respect to any other manufacturer’s vehicles. For this Contract 15% Second Instalment After having completed purpose, the roofing Trustee shall designate to the P-OEM, not later than two (2) business days prior to the date specified for any payment required to be made under this Agreement, the account to which such payment is to be made and wire instructions therefor. Notwithstanding the foregoing, the Trustee may invest PSAN PI/WD Top-Up Amounts in accordance with the Investment Guidelines of the PSAN PI/WD Trust Agreement in the discretion of the Trustee as and to the extent the Trustee determines that such investments are advisable under the circumstances. If any date on which a payment is due shall fall on a Saturday, Sunday or day on which banks in New York, New York, are permitted or required to be closed, then the payment due on such date shall be payable on the next calendar day that is not a Saturday, Sunday or day on which banks in New York, New York, are permitted or required to be closed. The Parties parties hereto and the fit-out is finished up to 24th 15% floor FCR and TAC acknowledge and agree that , except for the payments set forth in Articles 1 and 2 of the Apartment Building, tentatively before 06 February 2019. Third Instalment After having completed the roofing and the fit-out is finished up to 29th floor of the Apartment Building, tentatively before 06 March 2019. 15% Fourth Instalment No later than 06 April 2019. 15% Fifth Instalment No later than 06 May 2019. 10% Sixth Instalment On the Hand-over Date 25% Seventh Instalment On the date the Seller hands over the LURC to the Buyer 5%
b) Before the Hand-over Date, Both Parties shall agree to appoint an independent third party who is functional for implementing the measurement of Carpet Area of the Apartment (“Actual Area”); the Actual Area of the Apartment shall be final and binding on both Parties. In case, there are differences between the Actual Area of the Apartment and the Usable Area of the Apartment provided in the Contract: - equivalent to or less than 2% of the Usable Area of the Apartmentthis Agreement, the Sale Price shall remain P-OEM has no obligation hereunder or under the same; Plan, PSAN PI/WD Trust Agreement, PSAN PI/WD TDP or - the increased or decreased amount is higher other PSAN PI/WD Trust Documents to make any Trust Documents, other than 2% of the Usable Area of the Apartment, then:
(i) The Sale Price shall be increased by more than 2% (its share of Consenting OEM Contributions as set forth and defined in case the Actual Area is higher than the Usable Area under this Contract) by an adjustment amount determined as follows: Adjustment Amount = Unit Price X Actual Area – Usable Area of the Apartment under the Contract
Plan and (ii) The Sale Price shall the payment of any costs and expenses the P-OEM may be decreased by more than 2% (in case the Actual Area is higher than the Usable Area stated in this Contract) by an adjustment amount determined obligated to pay as follows: Adjustment Amount = Unit Price X Usable Area a member of the Apartment under the Contract - Actual Area The adjustment amount OAC pursuant to sections 6.5 and 6.6 of the Sale Price arising from the difference between the Actual Area PSAN PI/WD Trust Agreement and the Usable Area section 9.5(c) of the Apartment TDP, to make any additional payments with respect to a TD Claim or DOJ PI/WD Restitution Fund claim, and any payments made by the P-OEM under this Article 1 shall only be paid within seven (07) days from applied to satisfy compensable P-OEM Claims against the signing date of the HandP-over Minutes.
c) The payment schedule of the Maintenance Fee of Commonly Owned Areas in the Apartment Building: The Buyer shall be obliged to pay the Maintenance Fee of Commonly Owned Areas in the Apartment Building (to be determined based on the Sale Price exclusive of tax and subject to relevant adjustment as provided for in Item (b), Clause 3, Article 3 of this Contract) OEM. that are compensable pursuant to the Seller on the date the Apartment shall be handed over to the Buyer. Within 07 days from the Seller’s receipt of the Buyer’s Maintenance Fee of Commonly Owned Areas, the Seller shall be obliged to place such amount into a saving account opened at a credit institute operating in Vietnam for the purpose of managing such amount. Within 07 days from the establishment of the Management Board of the Apartment Building, the Seller shall be obliged to hand over such amount including the interest there on to the Management Board of the Apartment Building for the purpose of its management and use in accordance with lawsTDP.
Appears in 1 contract
Payment Schedule. (a) The payment schedule Borrower agrees to make monthly payments to the Bank of all accrued interest on the outstanding principal balance of each Base Rate Loan on the first day of each month until all amounts owing under the Credit Facility and the Term Loan are paid in full.
(b) The Borrower agrees to pay interest on the unpaid principal amount of each LIBOR Loan on the earliest of (i) the last day of the Sale Price Interest Period, (ii) the last day of each three month interval occurring during the Interest Period, or (iii) prepayment of the Apartment LIBOR Loan.
(c) All principal and VAT imposed thereon accrued interest then outstanding under the Credit Facility shall be due and payable on the Credit Termination Date, provided, however, that subject to the conditions set forth in Subsection 1.9(B)(1)(d) below, the Borrower shall have the option (exclusive the "Term Loan Option") to convert the aggregate outstanding principal balance of the Maintenance Fee of Commonly Owned AreasLoans on the Credit Termination Date into a term loan (the "Term Loan") shall be payable as follows: First Instalment immediately upon signing this Contract 15% Second Instalment After having completed the roofing and the fit-out is finished up to 24th 15% floor of the Apartment Building, tentatively before 06 February 2019. Third Instalment After having completed the roofing and the fit-out is finished up to 29th floor of the Apartment Building, tentatively before 06 March 2019. 15% Fourth Instalment No later than 06 April 2019. 15% Fifth Instalment No later than 06 May 2019. 10% Sixth Instalment On the Hand-over Date 25% Seventh Instalment On the date the Seller hands over the LURC to the Buyer 5%
b) Before the Hand-over Date, Both Parties shall agree to appoint an independent third party who is functional for implementing the measurement of Carpet Area of the Apartment (“Actual Area”); the Actual Area of the Apartment shall be final and binding on both Parties. In case, there are differences between the Actual Area of the Apartment and the Usable Area of the Apartment provided in the Contract: - equivalent to or less than 2% of the Usable Area of the Apartment, the Sale Price shall remain the same; or - the increased or decreased amount is higher than 2% of the Usable Area of the Apartment, then:
(i) The Sale Price Interest on the principal amount shall be increased by more than 2% (payable as set forth in case the Actual Area is higher than the Usable Area under this ContractSubsections 1.9(B)(1)(a) by an adjustment amount determined as follows: Adjustment Amount = Unit Price X Actual Area – Usable Area of the Apartment under the Contractand 1.9(B)(1)(b).
(ii) The Sale Price Principal payments shall be decreased by more than 2% payable quarterly beginning ninety (in case 90) days following the Actual Area is higher than the Usable Area stated in this Contract) by an adjustment amount determined as follows: Adjustment Amount = Unit Price X Usable Area of the Apartment under the Contract - Actual Area Credit Termination Date. The adjustment amount of the Sale Price arising from principal payments shall be determined on the difference between Credit Termination Date and shall be calculated as the Actual Area and amount sufficient to fully amortize the Usable Area aggregate outstanding principal balance of the Apartment shall be paid within seven Term Loan on the Credit Termination Date in equal principal payments over a period of three years.
(07iii) days from From time to time the signing date Borrower may convert all or a portion of the Hand-over Minutes.
c) The payment schedule of outstanding principal balance under the Maintenance Fee of Commonly Owned Areas in Term Loan then subject to the Apartment Building: The Buyer shall be obliged Base Rate to pay the Maintenance Fee of Commonly Owned Areas in the Apartment Building (to be determined based on the Sale Price exclusive of tax a LIBOR Loan, as provided and subject to relevant adjustment as provided for in Item the terms and conditions of Section 1.8, and may continue LIBOR Loans at the end of the Interest Period relating thereto.
(b), Clause 3, Article 3 d) The Borrower's Term Loan Option is expressly conditioned upon the following:
(i) no Event of this ContractDefault shall have occurred and be continuing;
(ii) no earlier than thirty (30) days and no later than ten (10) days prior to the Seller on Credit Termination Date, the date Borrower shall provide to the Apartment Bank written notice of the Borrower's election to exercise the Term Loan Option. Such notice shall set forth the Borrower's interest rate selection(s) pursuant to Section 1.9(A) and shall include a pro forma compliance certificate, signed by the Borrower's chief financial officer, in the form attached hereto as Schedule 1.9 and made a part hereof. Such pro forma compliance certificate shall be handed over calculated using the financial results from the most recent compliance certificate submitted to the Buyer. Within 07 days from the Seller’s receipt of the Buyer’s Maintenance Fee of Commonly Owned Areas, the Seller Bank and shall be obliged to place such amount into a saving account opened at a credit institute operating in Vietnam for the purpose of managing such amount. Within 07 days from the establishment of the Management Board of the Apartment Building, the Seller shall be obliged to hand over such amount including the interest there on certify to the Management Board of Bank that the Apartment Building for Borrower's financial condition at that time meets the purpose of its management and use following standards, in each case determined in accordance with lawsGAAP: Pro Forma Current Ratio of not less than 1.50 to one; Tangible Net Worth of not less than the amount equal to: $4,800,000, plus 100% of net proceeds of all Equity Offerings after the date hereof, plus 50% of Borrower's consolidated net earnings, excluding losses, for each quarter commencing January 1, 1997, to and including the fiscal quarter immediately preceding the date of determination; Pro Forma Debt Service Coverage Ratio of not less than 1.50 to one; and Pro Forma Funded Debt to Cash Flow Ratio of not more than 3.00 to one. If no interest rate option is set forth in the notice of exercise, the Base Rate shall apply; and
(iii) satisfaction of the conditions for subsequent extensions of credit as set forth in Section 3.2.
(e) The Borrower agrees to pay in full on or before the Maturity Date all principal and accrued interest then outstanding under the Credit Facility or the Term Loan, as applicable.
Appears in 1 contract
Samples: Credit Agreement (Cheap Tickets Inc)
Payment Schedule. a) The payment schedule of (Check applicable box): þ Borrower shall pay the Sale Price of the Apartment and VAT imposed thereon (exclusive of the Maintenance Fee of Commonly Owned Areas) shall be outstanding Principal Amount in [_] consecutive monthly installments as follows: First Instalment immediately upon signing this Contract 15% Second Instalment After having completed starting on the roofing and the fit-out is finished up to 24th 15% floor of the Apartment Building, tentatively before 06 February 2019. Third Instalment After having completed the roofing and the fit-out is finished up to 29th floor of the Apartment Building, tentatively before 06 March 2019. 15% Fourth Instalment No later than 06 April 2019. 15% Fifth Instalment No later than 06 May 2019. 10% Sixth Instalment On the Hand-over first Payment Due Date 25% Seventh Instalment On after the date of this Note and on each successive Payment Due Date thereafter consisting of [_] equal installments of principal each in the Seller hands over amount of $ ___and ONE (1) FINAL INSTALLMENT on the LURC Maturity Date in an amount equal to the Buyer 5%
b) Before outstanding Principal Amount at that time together with all other amounts outstanding hereunder including, without limitation, accrued interest, costs and Expense (the Hand-over Date, Both Parties shall agree to appoint an independent third party who is functional for implementing the measurement of Carpet Area of the Apartment (“Actual AreaFinal Installment”); provided, however, if the Actual Area Applicable Rate is converted to the Base Rate, Borrower shall pay the outstanding Principal Amount in consecutive monthly installments commencing on the first Payment Due Date after the date of such conversion and on the same Payment Due Date thereafter until conversion back to the LIBOR Rate (at which time Borrower shall resume the monthly installments in the amount set forth above or as otherwise agreed to by the Bank. and Borrower in writing) or the Maturity Date (at which time Borrower shall pay the Final Installment) with each such installment being equal in an amount to fully amortize the outstanding Principal Amount of the Apartment shall Note in full by the Maturity Date or such other date agreed to by the Bank and Borrower in writing. The determination by the Bank of the foregoing amount shall, in the absence of manifest error, be final conclusive and binding on both Partiesupon Borrower. In caseaddition, there are differences between until the Actual Area of the Apartment outstanding Principal Amount is paid in full, Borrower shall pay all accrued and the Usable Area of the Apartment provided unpaid interest, in the Contract: - equivalent to or less than 2% of the Usable Area of the Apartmentamounts which may vary, the Sale Price shall remain the same; or - the increased or decreased amount is higher than 2% of the Usable Area of the Apartment, then:
as follows (i) The Sale Price shall be increased by more than 2% (in case if the Actual Area LIBOR Rate is higher than the Usable Area under this Contract) by an adjustment amount determined as follows: Adjustment Amount = Unit Price X Actual Area – Usable Area of Applicable Rate, on the Apartment under the Contract
payment Due Date for each month, (ii) The Sale Price shall be decreased by more than 2% (in case if, the Actual Area Base Rate is higher than the Usable Area stated in this Contract) by an adjustment amount determined as follows: Adjustment Amount = Unit Price X Usable Area of the Apartment under the Contract - Actual Area The adjustment amount of the Sale Price arising from the difference between the Actual Area and the Usable Area of the Apartment shall be paid within seven (07) days from the signing date of the Hand-over Minutes.
c) The payment schedule of the Maintenance Fee of Commonly Owned Areas in the Apartment Building: The Buyer shall be obliged to pay the Maintenance Fee of Commonly Owned Areas in the Apartment Building (to be determined based Applicable Rate, on the Sale Price exclusive of tax Payment Due Date for each month, and subject to relevant adjustment as provided for in Item (b)iii) at maturity (whether by acceleration or otherwise) and, Clause 3after such maturity, Article 3 of this Contract) to the Seller on the date the Apartment shall be handed over to the Buyer. Within 07 days from the Seller’s receipt of the Buyer’s Maintenance Fee of Commonly Owned Areas, the Seller shall be obliged to place such amount into a saving account opened at a credit institute operating in Vietnam for the purpose of managing such amount. Within 07 days from the establishment of the Management Board of the Apartment Building, the Seller shall be obliged to hand over such amount including the interest there on to the Management Board of the Apartment Building for the purpose of its management and use in accordance with lawsdemand.
Appears in 1 contract
Samples: Credit Agreement (Youbet Com Inc)
Payment Schedule. a) The payment schedule of (Check applicable box): [ ] Borrower shall pay the Sale Price of entire outstanding Principal Amount on the Apartment Maturity Date. In addition, until the outstanding Principal Amount is paid in full, Borrower shall pay all accrued and VAT imposed thereon (exclusive of the Maintenance Fee of Commonly Owned Areas) shall be unpaid interest, in amounts which may vary, as follows: First Instalment immediately upon signing this Contract 15% Second Instalment After having completed the roofing and the fit-out is finished up to 24th 15% floor of the Apartment Building, tentatively before 06 February 2019. Third Instalment After having completed the roofing and the fit-out is finished up to 29th floor of the Apartment Building, tentatively before 06 March 2019. 15% Fourth Instalment No later than 06 April 2019. 15% Fifth Instalment No later than 06 May 2019. 10% Sixth Instalment On the Hand-over Date 25% Seventh Instalment On the date the Seller hands over the LURC to the Buyer 5%
b) Before the Hand-over Date, Both Parties shall agree to appoint an independent third party who is functional for implementing the measurement of Carpet Area of the Apartment (“Actual Area”); the Actual Area of the Apartment shall be final and binding on both Parties. In case, there are differences between the Actual Area of the Apartment and the Usable Area of the Apartment provided in the Contract: - equivalent to or less than 2% of the Usable Area of the Apartment, the Sale Price shall remain the same; or - the increased or decreased amount is higher than 2% of the Usable Area of the Apartment, then:
(i) if the LIBOR Rate is the Applicable Rate, on the last day of each Interest Period, (ii) if the Base Rate is the Applicable Rate, on the Payment Due Date for each month and (iii) at maturity (whether by acceleration or otherwise) and, after such maturity, on demand. [x] Borrower shall pay the outstanding Principal Amount in $1,036,654.88 consecutive monthly, bi-monthly or quarterly installments (depending on the duration of the Interest Period selected by Borrower on page one) starting on the last day of the Interest Period that commences on the date of this Note and on last day of each Interest Period thereafter consisting of 47 equal installments of principal each in the amount of $22,056.49 and ONE (1) FINAL INSTALLMENT on the Maturity Date in an amount equal to the outstanding Principal Amount at that time together with all other amounts outstanding hereunder including, without limitation, accrued interest, costs and Expense (the "'Final Installment"); provided, however, if the Applicable Rate is converted to the Base Rate, Borrower shall pay the outstanding Principal Amount in consecutive monthly installments commencing on the first Payment Due Day after the date of such conversion and on the same Payment Due Day thereafter until conversion back to the LIBOR Rate (at which time Borrower shall resume the monthly, bi-monthly or quarterly installments in the amount set forth above or as otherwise agreed to by the Bank and Borrower in writing) or the Maturity Date (at which time Borrower shall pay the Final Installment) with each such installment being equal in an amount to fully amortize the outstanding Principal Amount of the Note in full by the Maturity Date or such other date agreed to by the Bank and Borrower in writing. The Sale Price determination by the Bank of the foregoing amount shall, in the absence of manifest error, be conclusive and binding upon Borrower. In addition, until the outstanding Principal Amount is paid in full, Borrower shall be increased by more than 2% (pay all accrued and unpaid interest, in case the Actual Area is higher than the Usable Area under this Contract) by an adjustment amount determined amounts which may vary, as follows: Adjustment Amount = Unit Price X Actual Area – Usable Area (i) if the LIBOR Rate is the Applicable Rate, on the last day of the Apartment under the Contract
each Interest Period, (ii) The Sale Price shall be decreased by more than 2% (in case if the Actual Area Base Rate is higher than the Usable Area stated in this Contract) by an adjustment amount determined as follows: Adjustment Amount = Unit Price X Usable Area of the Apartment under the Contract - Actual Area The adjustment amount of the Sale Price arising from the difference between the Actual Area and the Usable Area of the Apartment shall be paid within seven (07) days from the signing date of the Hand-over Minutes.
c) The payment schedule of the Maintenance Fee of Commonly Owned Areas in the Apartment Building: The Buyer shall be obliged to pay the Maintenance Fee of Commonly Owned Areas in the Apartment Building (to be determined based Applicable Rate, on the Sale Price exclusive of tax Payment Due Date for each month and subject to relevant adjustment as provided for in Item (b)iii) at maturity (whether by acceleration or otherwise) and, Clause 3after such maturity, Article 3 of this Contract) to the Seller on the date the Apartment shall be handed over to the Buyer. Within 07 days from the Seller’s receipt of the Buyer’s Maintenance Fee of Commonly Owned Areas, the Seller shall be obliged to place such amount into a saving account opened at a credit institute operating in Vietnam for the purpose of managing such amount. Within 07 days from the establishment of the Management Board of the Apartment Building, the Seller shall be obliged to hand over such amount including the interest there on to the Management Board of the Apartment Building for the purpose of its management and use in accordance with lawsdemand.
Appears in 1 contract
Payment Schedule. a) The payment schedule of (Check applicable box): [ ] Borrower shall pay the Sale Price of entire outstanding Principal Amount on the Apartment Maturity Date. In addition, until the outstanding Principal Amount is paid in full, Borrower shall pay all accrued and VAT imposed thereon (exclusive of the Maintenance Fee of Commonly Owned Areas) shall be unpaid interest, in amounts which may vary, as follows: First Instalment immediately upon signing this Contract 15% Second Instalment After having completed the roofing and the fit-out is finished up to 24th 15% floor of the Apartment Building, tentatively before 06 February 2019. Third Instalment After having completed the roofing and the fit-out is finished up to 29th floor of the Apartment Building, tentatively before 06 March 2019. 15% Fourth Instalment No later than 06 April 2019. 15% Fifth Instalment No later than 06 May 2019. 10% Sixth Instalment On the Hand-over Date 25% Seventh Instalment On the date the Seller hands over the LURC to the Buyer 5%
b) Before the Hand-over Date, Both Parties shall agree to appoint an independent third party who is functional for implementing the measurement of Carpet Area of the Apartment (“Actual Area”); the Actual Area of the Apartment shall be final and binding on both Parties. In case, there are differences between the Actual Area of the Apartment and the Usable Area of the Apartment provided in the Contract: - equivalent to or less than 2% of the Usable Area of the Apartment, the Sale Price shall remain the same; or - the increased or decreased amount is higher than 2% of the Usable Area of the Apartment, then:
(i) The Sale Price if the LIBOR Rate is the Applicable Rate, on the last day of each Interest Period, (except, however, if the Interest Period duration selected above is "one day", in which case such interest payments shall be increased made on the Payment Due Date for each month, or as otherwise invoiced by more than 2% the Bank), (ii) if the Base Rate is the Applicable Rate, on the Payment Due Date for each month, and (iii) at maturity (whether by acceleration or otherwise) and, after such maturity, on demand. [X] Borrower shall pay interest only until October 23, 2004, then principal and interest shall be payable in case the Actual Area is higher than the Usable Area under this Contract) by an adjustment amount determined 8 quarterly payments as follows: Adjustment Amount = Unit Price X Actual Area – Usable Area (i) if the Interest Period duration is "one day", starting on the first Payment Due Date after the anniversary date of the Apartment under the Contract
this Note and on each Payment Due Date thereafter, or (ii) if the Interest Period duration is other than "one day", starting on the last day of the Interest Period that commences on the date of this Note and on last day of each Interest Period thereafter; in either case, consisting of 7 equal quarterly installments of principal each in the amount of $300,000.00, plus interest and ONE (1) FINAL INSTALLMENT on the Maturity Date in an amount equal to the outstanding Principal Amount at that time together with all other amounts outstanding hereunder including, without limitation, accrued interest, costs and Expense (the "Final Installment"); provided, however, if the Applicable Rate is converted to the Base Rate, Borrower shall pay the outstanding Principal Amount in consecutive monthly installments commencing on the first Payment Due Date after the date of such conversion and on the same Payment Due Date thereafter until conversion back to the LIBOR Rate (at which time Borrower shall resume the monthly, bi-monthly, quarterly or semi-annual installments in the amount set forth above or as otherwise agreed to by the Bank and Borrower in writing) or the Maturity Date (at which time Borrower shall pay the Final Installment) with each such installment being equal in an amount to fully amortize the outstanding Principal Amount of the Note in full by the Maturity Date or such other date agreed to by the Bank and Borrower in writing. The Sale Price determination by the Bank of the foregoing amount shall, in the absence of manifest error, be conclusive and binding upon Borrower. In addition, until the outstanding Principal Amount is paid in full, Borrower shall be decreased by more than 2% (pay all accrued and unpaid interest, in case the Actual Area is higher than the Usable Area stated in this Contract) by an adjustment amount determined amounts which may vary, as follows: Adjustment Amount = Unit Price X Usable Area (i) if the LIBOR Rate is the Applicable Rate, on the last day of each Interest Period (except, however, if the Apartment under the Contract - Actual Area The adjustment amount of the Sale Price arising from the difference between the Actual Area and the Usable Area of the Apartment Interest Period duration selected above is "one day", in which case such interest payments shall be paid within seven (07) days from the signing date of the Hand-over Minutes.
c) The payment schedule of the Maintenance Fee of Commonly Owned Areas in the Apartment Building: The Buyer shall be obliged to pay the Maintenance Fee of Commonly Owned Areas in the Apartment Building (to be determined based made on the Sale Price exclusive of tax and subject to relevant adjustment Payment Due Date for each month, or as provided for in Item (botherwise invoiced by the Bank), Clause 3(ii) if the Base Rate is the Applicable Rate, Article 3 of this Contract) to the Seller on the date the Apartment shall be handed over to the Buyer. Within 07 days from the Seller’s receipt of the Buyer’s Maintenance Fee of Commonly Owned AreasPayment Due Date for each month, the Seller shall be obliged to place and (iii) at maturity (whether by acceleration or otherwise) and, after such amount into a saving account opened at a credit institute operating in Vietnam for the purpose of managing such amount. Within 07 days from the establishment of the Management Board of the Apartment Buildingmaturity, the Seller shall be obliged to hand over such amount including the interest there on to the Management Board of the Apartment Building for the purpose of its management and use in accordance with lawsdemand.
Appears in 1 contract
Payment Schedule. (a) The payment At least three (3) Business Days before the Closing Date, the Company shall prepare and deliver to Parent a schedule (the “Payment Schedule”), certified by the Chief Executive Officer of the Sale Price Company, which shall set forth, as of the Apartment Closing Date and VAT imposed thereon (exclusive of the Maintenance Fee of Commonly Owned Areas) shall be as follows: First Instalment immediately upon signing this Contract 15% Second Instalment After having completed the roofing and the fit-out is finished up to 24th 15% floor of the Apartment Building, tentatively before 06 February 2019. Third Instalment After having completed the roofing and the fit-out is finished up to 29th floor of the Apartment Building, tentatively before 06 March 2019. 15% Fourth Instalment No later than 06 April 2019. 15% Fifth Instalment No later than 06 May 2019. 10% Sixth Instalment On the Hand-over Date 25% Seventh Instalment On the date the Seller hands over the LURC prior to the Buyer 5%
b) Before the Hand-over Date, Both Parties shall agree to appoint an independent third party who is functional for implementing the measurement of Carpet Area of the Apartment (“Actual Area”); the Actual Area of the Apartment shall be final and binding on both Parties. In case, there are differences between the Actual Area of the Apartment and the Usable Area of the Apartment provided in the Contract: - equivalent to or less than 2% of the Usable Area of the ApartmentMerger I Effective Time, the Sale Price shall remain the same; or - the increased or decreased amount is higher than 2% of the Usable Area of the Apartment, thenfollowing:
(i) The Sale Price shall be increased the name and address of each Company Stockholder and the number of Company Shares held by more than 2% such Person (in case the Actual Area is higher than the Usable Area under this Contract) by an adjustment amount determined as follows: Adjustment Amount = Unit Price X Actual Area – Usable Area including each Person that will become a Company Stockholder upon conversion of the Apartment under Convertible Notes and upon the Contractexercise of the Vested Company Options immediately prior to the Closing);
(ii) The Sale Price shall the name and address of each holder of a Company Option, together with (A) the number of Company Shares subject to such Company Option; (B) the exercise price of such Company Option; (C) the date on which such Company Option was granted; (D) the date on which such Company Option expires; (E) the applicable vesting schedule for such Company Option, and (F) with respect to Unvested Company Options, the amount paid or to be decreased paid by more than 2% (in case the Actual Area is higher than Company prior to the Usable Area stated in this Contract) by an adjustment amount determined as follows: Adjustment Amount = Unit Price X Usable Area of the Apartment Merger I Effective Time to such Unvested Company Optionholder under the Contract - Actual Area The adjustment last sentence of Section 2.04, indicating in each case whether such Company Option will be a Vested Company Option or an Unvested Company Option as of immediately before the Merger I Effective Time;
(iii) the name and address of each holder of a Convertible Note, together with (A) the outstanding amount under such Convertible Note, itemized by the outstanding principal amount and the amount of accrued and unpaid interest; (B) the rate per annum at which interest accrues on the principal amount of such Convertible Note; (C) the conversion price of such Convertible Note; (D) the date on which such Convertible Note was issued; (E) the date on which such Convertible Note matures; and (F) the number of Company Shares issuable under such Convertible Note upon the conversion thereof;
(iv) the Fully Diluted Share Number;
(v) the amount of the Sale Price arising from the difference between the Actual Area and the Usable Area Merger Consideration payable to each Company Securityholder expressed as a percentage of the Apartment shall be paid within seven Merger Consideration (07such percentage, such Company Securityholder’s “Pro Rata Percentage”); and
(vi) days from the signing date of the Hand-over MinutesPer Share Closing Merger Consideration.
(b) To the extent there are any changes to the information set forth in the Payment Schedule provided pursuant to Section 2.11(a) prior to the Closing, the Company shall promptly notify Parent thereof and provide Parent an updated Payment Schedule reflecting such changes prior to the Closing Date.
(c) The payment schedule of Company and the Maintenance Fee of Commonly Owned Areas in the Apartment Building: The Buyer shall be obliged to pay the Maintenance Fee of Commonly Owned Areas in the Apartment Building (to be determined based on the Sale Price exclusive of tax Company Stockholders’ Representative acknowledge and subject to relevant adjustment as provided for in Item (b)agree that Parent, Clause 3Merger Sub I, Article 3 of this Contract) to the Seller on the date the Apartment shall be handed over to the Buyer. Within 07 days from the Seller’s receipt of the Buyer’s Maintenance Fee of Commonly Owned AreasMerger Sub II, the Seller shall Intermediate Surviving Entity, and the Surviving Entity are entitled to rely on, and will be obliged to place such amount into a saving account opened at a credit institute operating relying on, the Payment Schedule in Vietnam making payments under this Agreement and that Parent, Merger Sub I, Merger Sub II, the Intermediate Surviving Entity, and the Surviving Entity are not be responsible for the purpose of managing calculations or the determinations regarding such amount. Within 07 days from the establishment of the Management Board of the Apartment Building, the Seller shall be obliged to hand over calculations in such amount including the interest there on to the Management Board of the Apartment Building for the purpose of its management and use in accordance with lawsPayment Schedule or any errors therein.
Appears in 1 contract
Payment Schedule. a) The payment schedule of the Sale Price of the Apartment and VAT imposed thereon (exclusive of the Maintenance Fee of Commonly Owned Areas) shall be as follows: First Instalment immediately upon signing this Contract 15% Second Instalment After having completed the roofing and the fit-out is finished up to 24th 15% 29th floor of the Apartment Building, tentatively before 06 February 2019. 15% Third Instalment After having completed the roofing and the fit-out is finished up to 29th 30th floor of the Apartment Building, tentatively before 06 March 2019. 15% Fourth Instalment No later than After having completed the roofing and the fit-out is finished up to 32nd floor of the Apartment Building, tentatively before 06 April 2019. 15% Fifth Instalment No later than After having completed the roofing and the fit-out is finished up to 34th floor of the Apartment Building, tentatively before 06 May 2019. 10% Sixth Instalment On the Hand-over Date 25% Seventh Instalment On the date the Seller hands over the LURC to the Buyer 5%
b) Before the Hand-over Date, Both Parties shall agree to appoint an independent third party who is functional for implementing the measurement of Carpet Area of the Apartment (“Actual Area”); the Actual Area of the Apartment shall be final and binding on both Parties. In case, there are differences between the Actual Area of the Apartment and the Usable Area of the Apartment provided in the Contract: - equivalent to or less than 2% of the Usable Area of the Apartment, the Sale Price shall remain the same; or - the increased or decreased amount is higher than 2% of the Usable Area of the Apartment, then:
(i) The Sale Price shall be increased by more than 2% (in case the Actual Area is higher than the Usable Area under this Contract) by an adjustment amount determined as follows: Adjustment Amount = Unit Price X Actual Area – Usable Area of the Apartment under the Contract
(ii) The Sale Price shall be decreased by more than 2% (in case the Actual Area is higher than the Usable Area stated in this Contract) by an adjustment amount determined as follows: Adjustment Amount = Unit Price X Usable Area of the Apartment under the Contract - Actual Area The adjustment amount of the Sale Price arising from the difference between the Actual Area and the Usable Area of the Apartment shall be paid within seven (07) days from the signing date of the Hand-over Minutes.
c) The payment schedule of the Maintenance Fee of Commonly Owned Areas in the Apartment Building: The Buyer shall be obliged to pay the Maintenance Fee of Commonly Owned Areas in the Apartment Building (to be determined based on the Sale Price exclusive of tax and subject to relevant adjustment as provided for in Item (b), Clause 3, Article 3 of this Contract) to the Seller on the date the Apartment shall be handed over to the Buyer. Within 07 days from the Seller’s receipt of the Buyer’s Maintenance Fee of Commonly Owned Areas, the Seller shall be obliged to place such amount into a saving account opened at a credit institute operating in Vietnam for the purpose of managing such amount. Within 07 days from the establishment of the Management Board of the Apartment Building, the Seller shall be obliged to hand over such amount including the interest there on to the Management Board of the Apartment Building for the purpose of its management and use in accordance with laws.
Appears in 1 contract
Samples: Sales Contracts
Payment Schedule. a) The payment schedule listed in the Buyer Note is amended such that the first payment of $1,334,000 due on the first anniversary date of the Sale Price Buyer Note (the “2010 Payment Requirement”) is adjusted. Instead of requiring Buyer to pay the entire payment in one lump sum, Seller has agreed to accept installment payments of the Apartment and VAT imposed thereon (exclusive of the Maintenance Fee of Commonly Owned Areas) shall be $1,334,000 over time as follows: First Instalment immediately upon signing this Contract 15% Second Instalment After having completed Seller accepted payment of $500,000 on December 14, 2010; This $500,000 payment will be treated as principal curtailment; Buyer will pay Seller the roofing and the fit-out is finished up to 24th 15% floor balance of the Apartment BuildingDeferred Payment due to Seller over the first three quarters of 2011 as follows: Buyer will pay Seller $278,000.00 on March 31, tentatively before 06 February 20192011; Buyer will pay Seller $278,000.00 on June 30, 2011; Buyer will pay Seller $278,000.00 on September 30, 2011; These scheduled payments during the first, second and third quarters of 2011 (collectively, the “2011 Installment Payments”) will also be treated as principal curtailment. Third Instalment After having completed the roofing and the fitThere shall be no penalties for pre-out is finished up to 29th floor payment of the Apartment Buildingscheduled payments outlined above. Buyer shall have three (3) Business Days to cure any failure to make any 2011 Installment Payment on the applicable due date set forth above. This Amendment and Waiver does not in any way change the schedule of payments described in the Buyer Note due in December 2011 or December 2012. Seller agrees to waive any Events of Default that have occurred or will occur with respect to the 2010 Payment Requirement (and not with respect to any other term or condition of the Buyer Note) until the final 2011 Installment Payment described above has been made on September 30, tentatively before 06 March 2019. 15% Fourth Instalment No later than 06 April 2019. 15% Fifth Instalment No later than 06 May 2019. 10% Sixth Instalment On 2011; provided, however, that if any of the Hand-over Date 25% Seventh Instalment On 2011 Installment Payments described above are not timely made, this Article II of this Amendment and Waiver shall terminate and be of no further force or effect and Seller shall be entitled to all of its rights and remedies under the date the Seller hands over the LURC Transaction Documents with respect to the Buyer 5%
b) Before Note. Seller agrees that given the Hand-over Dateforegoing waiver, Both Parties shall agree it does not have the right to appoint an independent third party who is functional for implementing the measurement of Carpet Area of the Apartment (“Actual Area”); the Actual Area of the Apartment shall enforce any acceleration provisions or other penalties that may be final and binding on both Parties. In case, there are differences between the Actual Area of the Apartment and the Usable Area of the Apartment provided contained in the Contract: - equivalent Transaction Documents solely with respect to or less than 2% of the Usable Area of 2010 Payment Requirement and subject in all respects to the Apartmentproviso contained in the preceding sentence. Seller agrees to release InterAct911 and SilkRoad Equity LLC from any obligations under their Guaranties as contained in the Transaction Documents pertaining to ensuring that Buyer made the full 2010 Payment Requirement in December 2010; provided, however, that such Guaranties remain in full force as to ensuring that Buyer makes the Sale Price shall remain the same; or - the increased or decreased amount is higher than 2% of the Usable Area of the Apartment, then:
(i) The Sale Price shall be increased by more than 2% (in case the Actual Area is higher than the Usable Area under this Contract) by an adjustment amount determined as follows: Adjustment Amount = Unit Price X Actual Area – Usable Area of the Apartment 2011 Installment Payments and fulfills each other obligation under the Contract
(ii) The Sale Price shall be decreased by more than 2% (in case the Actual Area is higher than the Usable Area stated in this Contract) by an adjustment amount determined as follows: Adjustment Amount = Unit Price X Usable Area of the Apartment under the Contract - Actual Area The adjustment amount of the Sale Price arising from the difference between the Actual Area and the Usable Area of the Apartment shall be paid within seven (07) days from the signing date of the Hand-over MinutesBuyer Note on a timely basis.
c) The payment schedule of the Maintenance Fee of Commonly Owned Areas in the Apartment Building: The Buyer shall be obliged to pay the Maintenance Fee of Commonly Owned Areas in the Apartment Building (to be determined based on the Sale Price exclusive of tax and subject to relevant adjustment as provided for in Item (b), Clause 3, Article 3 of this Contract) to the Seller on the date the Apartment shall be handed over to the Buyer. Within 07 days from the Seller’s receipt of the Buyer’s Maintenance Fee of Commonly Owned Areas, the Seller shall be obliged to place such amount into a saving account opened at a credit institute operating in Vietnam for the purpose of managing such amount. Within 07 days from the establishment of the Management Board of the Apartment Building, the Seller shall be obliged to hand over such amount including the interest there on to the Management Board of the Apartment Building for the purpose of its management and use in accordance with laws.
Appears in 1 contract
Samples: Omnibus Amendment of the Transaction Documents (Bio Key International Inc)
Payment Schedule. aBorrower shall pay interest only on this Note until May 16, 2006; thereafter, Borrower shall pay the outstanding Principal Amount in seventy-two (72) The payment schedule of the Sale Price of the Apartment and VAT imposed thereon (exclusive of the Maintenance Fee of Commonly Owned Areas) shall be consecutive monthly installments as follows: First Instalment immediately upon signing this Contract 15% Second Instalment After having completed the roofing and the fit-out is finished up to 24th 15% floor of the Apartment Building, tentatively before 06 February 2019. Third Instalment After having completed the roofing and the fit-out is finished up to 29th floor of the Apartment Building, tentatively before 06 March 2019. 15% Fourth Instalment No later than 06 April 2019. 15% Fifth Instalment No later than 06 May 2019. 10% Sixth Instalment On the Hand-over Date 25% Seventh Instalment On the date the Seller hands over the LURC to the Buyer 5%
b) Before the Hand-over Date, Both Parties shall agree to appoint an independent third party who is functional for implementing the measurement of Carpet Area of the Apartment (“Actual Area”); the Actual Area of the Apartment shall be final and binding on both Parties. In case, there are differences between the Actual Area of the Apartment and the Usable Area of the Apartment provided in the Contract: - equivalent to or less than 2% of the Usable Area of the Apartment, the Sale Price shall remain the same; or - the increased or decreased amount is higher than 2% of the Usable Area of the Apartment, then:
(i) if the Interest Period duration is "one day", starting on the first Payment Due Date after the date of this Note and on each Payment Due Date thereafter, or (ii) if the Interest Period duration is other than "one day", starting on the last day of the Interest Period that commences on the date of this Note and on last day of each Interest Period thereafter; in either case, consisting of seventy-one (71) equal installments of principal each in the amount of $69,444.44 and ONE (1) FINAL INSTALLMENT on the Maturity Date in an amount equal to the outstanding Principal Amount at that time together with all other amounts outstanding hereunder including, without limitation, accrued interest, costs and Expense (the "Final Installment"); provided, however, if the Applicable Rate is converted to the Base Rate, Borrower shall pay the outstanding Principal Amount in consecutive monthly installments commencing on the first Payment Due Date after the date of such conversion and on the same Payment Due Date thereafter until conversion back to the LIBOR Rate (at which time Borrower shall resume the monthly, bi-monthly, quarterly or semi-annual installments in the amount set forth above or as otherwise agreed to by the Bank and Borrower in writing) or the Maturity Date (at which time Borrower shall pay the Final Installment) with each such installment being equal in an amount to fully amortize the outstanding Principal Amount of the Note in full by the Maturity Date or such other date agreed to by the Bank and Borrower in writing. The Sale Price determination by the Bank of the foregoing amount shall, in the absence of manifest error, be conclusive and binding upon Borrower. In addition, until the outstanding Principal Amount is paid in full, Borrower shall be increased by more than 2% (pay all accrued and unpaid interest, in case the Actual Area is higher than the Usable Area under this Contract) by an adjustment amount determined amounts which may vary, as follows: Adjustment Amount = Unit Price X Actual Area – Usable Area (i) if the LIBOR Rate is the Applicable Rate, on the last day of each Interest Period (except, however, if the Apartment under Interest Period duration selected above is "one day", in which case such interest payments shall be made on the Contract
Payment Due Date for each month, or as otherwise invoiced by the Bank), (ii) The Sale Price shall be decreased by more than 2% (in case if the Actual Area Base Rate is higher than the Usable Area stated in this Contract) by an adjustment amount determined as follows: Adjustment Amount = Unit Price X Usable Area of the Apartment under the Contract - Actual Area The adjustment amount of the Sale Price arising from the difference between the Actual Area and the Usable Area of the Apartment shall be paid within seven (07) days from the signing date of the Hand-over Minutes.
c) The payment schedule of the Maintenance Fee of Commonly Owned Areas in the Apartment Building: The Buyer shall be obliged to pay the Maintenance Fee of Commonly Owned Areas in the Apartment Building (to be determined based Applicable Rate, on the Sale Price exclusive of tax Payment Due Date for each month, and subject to relevant adjustment as provided for in Item (b)iii) at maturity (whether by acceleration or otherwise) and, Clause 3after such maturity, Article 3 of this Contract) to the Seller on the date the Apartment shall be handed over to the Buyer. Within 07 days from the Seller’s receipt of the Buyer’s Maintenance Fee of Commonly Owned Areas, the Seller shall be obliged to place such amount into a saving account opened at a credit institute operating in Vietnam for the purpose of managing such amount. Within 07 days from the establishment of the Management Board of the Apartment Building, the Seller shall be obliged to hand over such amount including the interest there on to the Management Board of the Apartment Building for the purpose of its management and use in accordance with lawsdemand.
Appears in 1 contract
Payment Schedule. aDebtor agrees to pay Lender (without setoff) The the amount of any draft or request for payment schedule Lender has honored or will honor purporting to be drawn or made on the Letter of Credit (the Sale Price amount of such draft being the Apartment and VAT imposed thereon (exclusive of “Principal Balance”) at its offices as set forth herein, or at such other place as may be designated by Lender, on or before the Maintenance Fee of Commonly Owned Areas) shall be as followsEARLIER of: First Instalment immediately upon signing this Contract 15% Second Instalment After having completed the roofing and the fit-out is finished up to 24th 15% floor of the Apartment Building, tentatively before 06 February 2019. Third Instalment After having completed the roofing and the fit-out is finished up to 29th floor of the Apartment Building, tentatively before 06 March 2019. 15% Fourth Instalment No later than 06 April 2019. 15% Fifth Instalment No later than 06 May 2019. 10% Sixth Instalment On the Hand-over Date 25% Seventh Instalment On the date the Seller hands over the LURC to the Buyer 5%
b) Before the Hand-over Date, Both Parties shall agree to appoint an independent third party who is functional for implementing the measurement of Carpet Area of the Apartment (“Actual Area”); the Actual Area of the Apartment shall be final and binding on both Parties. In case, there are differences between the Actual Area of the Apartment and the Usable Area of the Apartment provided in the Contract: - equivalent to or less than 2% of the Usable Area of the Apartment, the Sale Price shall remain the same; or - the increased or decreased amount is higher than 2% of the Usable Area of the Apartment, then:
(i) The Sale Price shall be increased by more than 2% the date that is THIRTY (in case 30) days after the Actual Area is higher than the Usable Area under this Contract) by an adjustment amount determined as follows: Adjustment Amount = Unit Price X Actual Area – Usable Area of the Apartment under the Contract
date Lender honors any such draft or request for payment; or (ii) The Sale Price NOVEMBER 23, 2017. Except as expressly provided herein to the contrary, all payments under this Note shall be decreased by more than 2% applied in the following order of priority: (in case i) the Actual Area is higher payment or reimbursement of any expenses, costs or obligations (other than the Usable Area stated Principal Balance and interest thereon) for which either Debtor shall be obligated or Lender shall be entitled pursuant to the provisions of this Note or the Loan Agreement; (ii) the payment of accrued but unpaid interest on the Principal Balance; and (iii) the payment of all or any portion of the Principal Balance hereof then outstanding hereunder. If an Event of Default exists, then Lender may, at the sole option of Lender, apply any such payments, at any time and from time to time, to any of the items specified in clauses (i), (ii) or (iii) above without regard to the order of priority otherwise specified herein. If any payment of principal or interest on this Note shall become due on a day other than a Business Day, such payment shall be made on the next succeeding Business Day and such extension of time shall be included in computing interest in connection with such payment. Notwithstanding anything herein to the contrary, if requested by Lender, Debtor shall pay such Principal Balance in advance of the date Lender is to honor the draft or request for payment. Debtor shall pay such amount in good funds at Lender’s address indicated in this Contract) by an adjustment amount determined as follows: Adjustment Amount = Unit Price X Usable Area of the Apartment under the Contract - Actual Area The adjustment amount of the Sale Price arising from the difference between the Actual Area and the Usable Area of the Apartment shall be paid within seven (07) days from the signing date of the Hand-over Minutes.
c) The payment schedule of the Maintenance Fee of Commonly Owned Areas in the Apartment Building: The Buyer shall be obliged to pay the Maintenance Fee of Commonly Owned Areas in the Apartment Building (to be determined based on the Sale Price exclusive of tax and subject to relevant adjustment as provided for in Item (b), Clause 3, Article 3 of this Contract) to the Seller on the date the Apartment shall be handed over to the BuyerNote. Within 07 days from the Seller’s receipt of the Buyer’s Maintenance Fee of Commonly Owned Areas, the Seller shall be obliged to place such amount into a saving account opened at a credit institute operating in Vietnam for the purpose of managing such amount. Within 07 days from the establishment of the Management Board of the Apartment Building, the Seller shall be obliged to hand over such amount including the interest there on to the Management Board of the Apartment Building for the purpose of its management and use in accordance with laws.TWELFTH AMENDMENT TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT AND AMENDMENT TO LETTER OF CREDIT NOTE — PAGE 2 SOVEREIGN BANK — XXXXXX GEOPHYSICAL COMPANY
Appears in 1 contract
Samples: Loan and Security Agreement
Payment Schedule. a) The payment schedule Payment of the Sale Price outstanding principal of this Note shall be due and payable in 120 installments (“Installments”) commencing on December 1, 2009 and continuing on the Apartment first day of each calendar month through November 1, 2019 (collectively, the “Installment Dates”). Installments are payable in the following amounts (subject to the other terms of this Note): (A) the amount of principal and VAT imposed thereon accrued interest payable in the first one hundred nineteen (exclusive 119) Installments shall be equal Installments of principal and interest, calculated on the Maintenance Fee basis of Commonly Owned Areasa 30-year amortization of this Note and (B) the one hundred twentieth (120th) Installment shall be a final, “balloon”, Installment shall be in the amount of all then-outstanding principal, interest and other amounts then outstanding hereunder. Schedule A to this Note sets forth the schedule and amount of such Installments. Notwithstanding the foregoing, (C) all outstanding principal and interest shall become due and payable on the date, if any, on which the principal amount, or part thereof, of this Note is accelerated and (D) the amount of principal specified in any Prepayment Notice (as defined hereafter) shall be as follows: First Instalment immediately upon signing this Contract 15% Second Instalment After having completed the roofing and the fit-out is finished up to 24th 15% floor of the Apartment Building, tentatively before 06 February 2019. Third Instalment After having completed the roofing and the fit-out is finished up to 29th floor of the Apartment Building, tentatively before 06 March 2019. 15% Fourth Instalment No later than 06 April 2019. 15% Fifth Instalment No later than 06 May 2019. 10% Sixth Instalment On the Hand-over Date 25% Seventh Instalment On payable on the date the Seller hands over the LURC to the Buyer 5%
b) Before the Hand-over specified for such payment in that Notice of Prepayment. On each Installment Date, Both Parties shall agree to appoint an independent third party who is functional for implementing the measurement of Carpet Area of the Apartment (“Actual Area”); the Actual Area of the Apartment shall be final and binding on both Parties. In case, there are differences between the Actual Area of the Apartment and the Usable Area of the Apartment provided in the Contract: - equivalent to or less than 2% of the Usable Area of the Apartment, the Sale Price shall remain the same; or - the increased or decreased amount is all interest accrued at a rate higher than 26.5% per annum shall also be payable. Costs and expenses such as may become payable hereunder are payable at the earlier of the Usable Area of the Apartment, then:
(i) The Sale Price shall be increased by more than 2% (in case the Actual Area is higher than the Usable Area under this Contract) by an adjustment amount determined as follows: Adjustment Amount = Unit Price X Actual Area – Usable Area demand of the Apartment under the Contract
Holder; or (ii) The Sale Price the next succeeding Installment Date. All payments hereunder are payable at any United States address or by wire transfer to any United States bank account, in each case as the Holder may designate from time to time to the Company. Whenever any payment to be made hereunder would otherwise become due on a date which is not a Business Day (as hereinafter defined), the payment shall be decreased by more than 2% (made on the next succeeding Business Day and such extension of time shall be included in case the Actual Area is higher than the Usable Area stated in this Contract) by an adjustment amount determined as follows: Adjustment Amount = Unit Price X Usable Area computation of the Apartment under the Contract - Actual Area The adjustment amount payment of the Sale Price arising from the difference between the Actual Area and the Usable Area of the Apartment shall be paid within seven (07) days from the signing date of the Hand-over Minutes.
c) The payment schedule of the Maintenance Fee of Commonly Owned Areas interest with respect to such payment. “Business Day” means any day on which banks in the Apartment Building: The Buyer shall be obliged to pay the Maintenance Fee City of Commonly Owned Areas in the Apartment Building (to be determined based on the Sale Price exclusive of tax and subject to relevant adjustment as provided Los Angeles, California are generally open for in Item (b), Clause 3, Article 3 of this Contract) to the Seller on the date the Apartment shall be handed over to the Buyer. Within 07 days from the Seller’s receipt of the Buyer’s Maintenance Fee of Commonly Owned Areas, the Seller shall be obliged to place such amount into a saving account opened at a credit institute operating in Vietnam for the purpose of managing such amount. Within 07 days from the establishment of the Management Board of the Apartment Building, the Seller shall be obliged to hand over such amount including the interest there on to the Management Board of the Apartment Building for the purpose of its management and use in accordance with lawsbusiness.
Appears in 1 contract
Samples: Note Agreement (General Environmental Management, Inc)
Payment Schedule. a) The payment schedule of the Sale Price of the Apartment and VAT imposed thereon (exclusive of the Maintenance Fee of Commonly Owned Areas) This Note shall be due and payable as follows: First Instalment immediately upon signing this Contract 15% Second Instalment After having completed the roofing and the fit-out is finished up to 24th 15% floor of the Apartment Building, tentatively before 06 February 2019. Third Instalment After having completed the roofing and the fit-out is finished up to 29th floor of the Apartment Building, tentatively before 06 March 2019. 15% Fourth Instalment No later than 06 April 2019. 15% Fifth Instalment No later than 06 May 2019. 10% Sixth Instalment On the Hand-over Date 25% Seventh Instalment On the date the Seller hands over the LURC to the Buyer 5%
b) Before the Hand-over Date, Both Parties shall agree to appoint an independent third party who is functional for implementing the measurement of Carpet Area of the Apartment (“Actual Area”); the Actual Area of the Apartment shall be final and binding on both Parties. In case, there are differences between the Actual Area of the Apartment and the Usable Area of the Apartment provided in the Contract: - equivalent to or less than 2% of the Usable Area of the Apartment, the Sale Price shall remain the same; or - the increased or decreased amount is higher than 2% of the Usable Area of the Apartment, then:
(ia) The Sale Price shall be increased by more than 2% (in case Commencing on the Actual Area is higher than the Usable Area under this Contract) by an adjustment amount determined as follows: Adjustment Amount = Unit Price X Actual Area – Usable Area Payment Date of the Apartment under first calendar month following the Contractdate of this Note and continuing thereafter on the Payment Date of each successive calendar month through and including twenty-four (24) months from the date of this Note, Borrower shall pay Lender successive monthly installments of all accrued and unpaid interest;
(iib) The Sale Price shall be decreased by more than 2% (in case Commencing on the Actual Area is higher than the Usable Area stated in this Contract) by an adjustment amount determined as follows: Adjustment Amount = Unit Price X Usable Area Payment Date of the Apartment under twenty-fifth (25th) calendar month from the Contract - Actual Area The adjustment amount date of this Note, and continuing thereafter on the Payment Date of each successive calendar month until the Maturity Date, Borrower shall pay Lender successive monthly installments of the Sale Price arising Principal Reduction Payment. If the Interest Rate changes as of the first (1st) day of the thirty-sixth (36th) calendar month from the difference between date of this Note, from the Actual Area and rate in effect the Usable Area first (1st) day of the Apartment twenty-fifth (25th) month as set forth above, Lender shall recalculate the Principal Reduction Payment so that the remaining monthly installments would amortize the Outstanding Principal Balance at the then applicable Interest Rate over the remaining Amortization Term. Lender shall notify Borrower of any such recalculation and Xxxxxxxx agrees to pay the Principal Reduction Payment as they may be paid within seven (07) days from the signing date recalculated by Xxxxxx, and acknowledges that a recalculation of the Hand-over Minutes.Principal Reduction Payment shall not affect the Maturity Date or the other terms and provisions of this Note; and
(c) The payment schedule of the Maintenance Fee of Commonly Owned Areas in the Apartment Building: The Buyer Outstanding Principal Balance and any and all accrued but unpaid interest thereon shall be obliged to pay the Maintenance Fee of Commonly Owned Areas due and payable in the Apartment Building (to be determined based full on the Sale Price exclusive of tax and subject to relevant adjustment as provided for in Item (b)Maturity Date or upon earlier maturity hereof, Clause 3, Article 3 of this Contract) to the Seller on the date the Apartment shall be handed over to the Buyer. Within 07 days from the Seller’s receipt of the Buyer’s Maintenance Fee of Commonly Owned Areas, the Seller shall be obliged to place such amount into a saving account opened at a credit institute operating in Vietnam for the purpose of managing such amount. Within 07 days from the establishment of the Management Board of the Apartment Building, the Seller shall be obliged to hand over such amount including the interest there on to the Management Board of the Apartment Building for the purpose of its management and use in accordance with lawswhether by acceleration or otherwise.
Appears in 1 contract
Samples: Promissory Note (Behringer Harvard Opportunity REIT II, Inc.)
Payment Schedule. a) The payment schedule of (Check applicable box): þ Borrower shall pay the Sale Price of the Apartment and VAT imposed thereon (exclusive of the Maintenance Fee of Commonly Owned Areas) shall be outstanding Principal Amount in [_] consecutive monthly installments as follows: First Instalment immediately upon signing this Contract 15% Second Instalment After having completed starting on the roofing and the fit-out is finished up to 24th 15% floor of the Apartment Building, tentatively before 06 February 2019. Third Instalment After having completed the roofing and the fit-out is finished up to 29th floor of the Apartment Building, tentatively before 06 March 2019. 15% Fourth Instalment No later than 06 April 2019. 15% Fifth Instalment No later than 06 May 2019. 10% Sixth Instalment On the Hand-over first Payment Due Date 25% Seventh Instalment On after the date of this Note and on each successive Payment Due Date thereafter consisting of [_] equal installments of principal each in the Seller hands over amount of $ and ONE (1) FINAL INSTALLMENT on the LURC Maturity Date in an amount equal to the Buyer 5%
b) Before outstanding Principal Amount at that time together with all other amounts outstanding hereunder including, without limitation, accrued interest, costs and Expense (the Hand-over Date, Both Parties shall agree to appoint an independent third party who is functional for implementing the measurement of Carpet Area of the Apartment (“Actual AreaFinal Installment”); provided, however, if the Actual Area Applicable Rate is converted to the Base Rate, Borrower shall pay the outstanding Principal Amount in consecutive monthly installments commencing on the first Payment Due Date after the date of such conversion and on the same Payment Due Date thereafter until conversion back to the LIBOR Rate (at which time Borrower shall resume the monthly installments in the amount set forth above or as otherwise agreed to by the Bank. and Borrower in writing) or the Maturity Date (at which time Borrower shall pay the Final Installment) with each such installment being equal in an amount to fully amortize the outstanding Principal Amount of the Apartment shall Note in full by the Maturity Date or such other date agreed to by the Bank and Borrower in writing. The determination by the Bank of the foregoing amount shall, in the absence of manifest error, be final conclusive and binding on both Partiesupon Borrower. In caseaddition, there are differences between until the Actual Area of the Apartment outstanding Principal Amount is paid in full, Borrower shall pay all accrued and the Usable Area of the Apartment provided unpaid interest, in the Contract: - equivalent to or less than 2% of the Usable Area of the Apartmentamounts which may vary, the Sale Price shall remain the same; or - the increased or decreased amount is higher than 2% of the Usable Area of the Apartment, then:
as follows (i) The Sale Price shall be increased by more than 2% (in case if the Actual Area LIBOR Rate is higher than the Usable Area under this Contract) by an adjustment amount determined as follows: Adjustment Amount = Unit Price X Actual Area – Usable Area of Applicable Rate, on the Apartment under the Contract
payment Due Date for each month, (ii) The Sale Price shall be decreased by more than 2% (in case if, the Actual Area Base Rate is higher than the Usable Area stated in this Contract) by an adjustment amount determined as follows: Adjustment Amount = Unit Price X Usable Area of the Apartment under the Contract - Actual Area The adjustment amount of the Sale Price arising from the difference between the Actual Area and the Usable Area of the Apartment shall be paid within seven (07) days from the signing date of the Hand-over Minutes.
c) The payment schedule of the Maintenance Fee of Commonly Owned Areas in the Apartment Building: The Buyer shall be obliged to pay the Maintenance Fee of Commonly Owned Areas in the Apartment Building (to be determined based Applicable Rate, on the Sale Price exclusive of tax Payment Due Date for each month, and subject to relevant adjustment as provided for in Item (b)iii) at maturity (whether by acceleration or otherwise) and, Clause 3after such maturity, Article 3 of this Contract) to the Seller on the date the Apartment shall be handed over to the Buyer. Within 07 days from the Seller’s receipt of the Buyer’s Maintenance Fee of Commonly Owned Areas, the Seller shall be obliged to place such amount into a saving account opened at a credit institute operating in Vietnam for the purpose of managing such amount. Within 07 days from the establishment of the Management Board of the Apartment Building, the Seller shall be obliged to hand over such amount including the interest there on to the Management Board of the Apartment Building for the purpose of its management and use in accordance with lawsdemand.
Appears in 1 contract
Samples: Credit Agreement (Youbet Com Inc)
Payment Schedule. Notwithstanding anything to the contrary set forth in the Note, the Note shall be paid pursuant to the following schedule:
a) The payment schedule of the Sale Price of the Apartment and VAT imposed thereon (exclusive of the Maintenance Fee of Commonly Owned Areas) shall be as follows: First Instalment immediately upon signing this Contract 15% Second Instalment After having completed the roofing and the fit-out is finished up to 24th 15% floor of the Apartment Building, tentatively before 06 February 2019. Third Instalment After having completed the roofing and the fit-out is finished up to 29th floor of the Apartment Building, tentatively before 06 March 2019. 15% Fourth Instalment No later than 06 April 2019. 15% Fifth Instalment No later than 06 May 2019. 10% Sixth Instalment On the HandEffective Date (as defined below) of this Amendment, twenty-over Date 25% Seventh Instalment On five thousand dollars ($25,000) will be paid to Lender and Lender agrees to apply such payment first to repay outstanding and unpaid interest under the date Note and then (if any unapplied amount remains) to outstanding principal under the Seller hands over the LURC to the Buyer 5%Note;
b) Before the Hand-over Date, Both Parties shall agree to appoint an independent third party who is functional for implementing the measurement of Carpet Area of the Apartment (“Actual Area”); the Actual Area of the Apartment shall be final and binding on both Parties. In case, there are differences between the Actual Area of the Apartment and the Usable Area of the Apartment provided in the Contract: - equivalent to or less than 2% of the Usable Area of the Apartment, the Sale Price shall remain the same; or - the increased or decreased amount is higher than 2% of the Usable Area of the Apartment, then:
(i) The Sale Price shall be increased by more than 2% (in case the Actual Area is higher than the Usable Area under this Contract) by an adjustment amount determined as follows: Adjustment Amount = Unit Price X Actual Area – Usable Area of the Apartment under the Contract
(ii) The Sale Price shall be decreased by more than 2% (in case the Actual Area is higher than the Usable Area stated in this Contract) by an adjustment amount determined as follows: Adjustment Amount = Unit Price X Usable Area of the Apartment under the Contract - Actual Area The adjustment amount of the Sale Price arising from the difference between the Actual Area and the Usable Area of the Apartment shall be paid within seven (07) Sixty days from the signing date of Effective Date, the HandCompany will pay Lender twenty-over Minutes.five thousand dollars ($25,000) and Lender agrees to apply such payment first to repay outstanding and unpaid interest under the Note and then (if any unapplied amount remains) to outstanding principal under the Note;
c) The payment schedule of the Maintenance Fee of Commonly Owned Areas in the Apartment Building: The Buyer shall be obliged to pay the Maintenance Fee of Commonly Owned Areas in the Apartment Building (to be determined based on the Sale Price exclusive of tax One Hundred and subject to relevant adjustment as provided for in Item (b), Clause 3, Article 3 of this Contract) to the Seller on the date the Apartment shall be handed over to the Buyer. Within 07 twenty days from the Seller’s receipt Effective Date, the Company will pay Lender twenty-five thousand dollars ($25,000) and Lender agrees to apply such payment first to repay outstanding and unpaid interest under the Note and then (if any unapplied amount remains) to outstanding principal under the Note;
d) On or before the 15th day of the Buyer’s Maintenance Fee of Commonly Owned Areasseventh month from the Effective Date, the Seller shall be obliged Company will pay Lender twenty-five thousand dollars ($25,000) and Lender agrees to place apply such payment first to repay outstanding and unpaid interest under the Note and then (if any unapplied amount into a saving account opened at a credit institute operating in Vietnam for remains) to outstanding principal under the purpose Note;
e) On or before the 15th day of managing such amount. Within 07 days the eighth month from the establishment Effective Date, the Company will pay Lender twenty-five thousand dollars ($25,000) and Lender agrees to apply such payment first to repay outstanding and unpaid interest under the Note and then (if any unapplied amount remains) to outstanding principal under the Note;
f) On or before the 15th day of the Management Board ninth month from the Effective Date, the Company will pay Lender twenty-five thousand dollars ($25,000) and Lender agrees to apply such payment first to repay outstanding and unpaid interest under the Note and then (if any unapplied amount remains) to outstanding principal under the Note;
g) On or before the 15th day of the Apartment Buildingtenth month from the Effective Date, the Seller shall be obliged Company will pay Lender twenty-five thousand dollars ($25,000) and Lender agrees to hand over apply such payment first to repay outstanding and unpaid interest under the Note and then (if any unapplied amount including remains) to outstanding principal under the interest there on to Note;
h) On or before July 31, 2008 the Management Board of Company will pay Lender all outstanding amounts under the Apartment Building for the purpose of its management Note in full. The Company may prepay any and use in accordance with lawsall amounts without penalty.
Appears in 1 contract
Payment Schedule. a) The payment schedule of the Sale Price of the Apartment and VAT imposed thereon (exclusive of the Maintenance Fee of Commonly Owned Areas) shall be as follows: Instalment Schedule of payment Amount of money (VND) % of the Net Sale Price First Instalment immediately Immediately upon signing this Contract 1530% Second Instalment After having completed the roofing and the fit-out is finished up to 24th 15% floor of the Apartment Building, tentatively before 06 February 2019. Third Instalment After having completed the roofing and the fit-out is finished up to 29th floor of the Apartment Building, tentatively before 06 March 2019. 15% Fourth Instalment No later than 06 April 2019. 1530 July 2019 20% Fifth Third Instalment No later than 06 May 2019. 1030 August 2019 20% Sixth Forth Instalment On the Hand-over Date 25% Seventh Fifth Instalment On the date the Seller hands over the LURC to the Buyer 5%
b) Before the Hand-over Date, Both Parties shall agree to appoint an independent third party who is functional for implementing the measurement of Carpet Area of the Apartment (“Actual Area”); the Actual Area of the Apartment shall be final and binding on both Parties. In case, there are differences between the Actual Area of the Apartment and the Usable Area of the Apartment provided in the Contract: - equivalent to or less than 2% of the Usable Area of the Apartment, the Sale Price shall remain the same; or - the increased or decreased amount is higher than 2% of the Usable Area of the Apartment, then:
(i) The Sale Price shall be increased by more than 2% (in case the Actual Area is higher than the Usable Area under this Contract) by an adjustment amount determined as follows: Adjustment Amount = Unit Price X Actual Area – Usable Area of the Apartment under the Contract
(ii) The Sale Price shall be decreased by more than 2% (in case the Actual Area is higher than the Usable Area stated in this Contract) by an adjustment amount determined as follows: Adjustment Amount = Unit Price X Usable Area of the Apartment under the Contract - Actual Area The adjustment amount of the Sale Price arising from the difference between the Actual Area and the Usable Area of the Apartment shall be paid within seven (07) days from the signing date of the Hand-over Minutes.
c) The payment schedule of the Maintenance Fee of Commonly Owned Areas in the Apartment Building: The Buyer shall be obliged to pay the Maintenance Fee of Commonly Owned Areas in the Apartment Building (to be determined based on the Sale Price exclusive of tax and subject to relevant adjustment as provided for in Item (b), Clause 3, Article 3 of this Contract) to the Seller on the date the Apartment shall be handed over to the Buyer. Within 07 days from the Seller’s receipt of the Buyer’s Maintenance Fee of Commonly Owned Areas, the Seller shall be obliged to place such amount into a saving account opened at a credit institute operating in Vietnam for the purpose of managing such amount. Within 07 days from the establishment of the Management Board of the Apartment Building, the Seller shall be obliged to hand over such amount including the interest there on to the Management Board of the Apartment Building for the purpose of its management and use in accordance with laws.
Appears in 1 contract
Samples: Sales Contract
Payment Schedule. Except as expressly provided herein to the contrary, all payments on this Note shall be applied in the following order of priority: (a) The the payment schedule or reimbursement of any expenses, costs or obligations (other than the outstanding principal balance hereof and interest hereon) for which either Debtor shall be obligated or Lender shall be entitled pursuant to the provisions of this Note or the other Loan Documents, (b) the payment of accrued but unpaid-interest hereon, and (c) the payment of all or any portion of the Sale Price principal balance hereof then outstanding hereunder, in the direct order of maturity. If an Event of Default exists under any of the Apartment other Loan Documents, then Lender may, at the sole option of Lender, apply any such payments, at any time and VAT imposed thereon (exclusive from time to time, to any of the Maintenance Fee items specified in SOVEREIGN BANK — LAZARUS REFINING & MARKETING, LLC clauses (a), (b) or (c) above without regard to the order of Commonly Owned Areas) priority otherwise specified herein and any application to the outstanding principal balance hereof may be made in either direct or inverse order of maturity. If any payment of principal or interest on this Note shall become due on a day other than a Business Day, such payment shall be made on the next succeeding Business Day and such extension of time shall be included in computing interest in connection with such payment. This Note shall be due and payable as follows: First Instalment immediately upon signing this Contract 15% Second Instalment After having completed the roofing and the fit-out is finished up to 24th 15% floor of the Apartment Building, tentatively before 06 February 2019. Third Instalment After having completed the roofing and the fit-out is finished up to 29th floor of the Apartment Building, tentatively before 06 March 2019. 15% Fourth Instalment No later than 06 April 2019. 15% Fifth Instalment No later than 06 May 2019. 10% Sixth Instalment On the Hand-over Date 25% Seventh Instalment On the date the Seller hands over the LURC to the Buyer 5%
b) Before the Hand-over Date, Both Parties shall agree to appoint an independent third party who is functional for implementing the measurement of Carpet Area of the Apartment (“Actual Area”); the Actual Area of the Apartment shall be final and binding on both Parties. In case, there are differences between the Actual Area of the Apartment and the Usable Area of the Apartment provided in the Contract: - equivalent to or less than 2% of the Usable Area of the Apartment, the Sale Price shall remain the same; or - the increased or decreased amount is higher than 2% of the Usable Area of the Apartment, then:
(a) Consecutive monthly payments of principal, each in an amount sufficient to fully amortize the outstanding principal balance of the loan under this Note over a period of TWENTY-FOUR (24) months, plus accrued and unpaid interest thereon, commencing on APRIL 25, 2015, and continuing on the SAME day of each successive month thereafter (or if no such date, then the LAST day of such month); and
(b) ONE (1) final payment of the outstanding principal balance of this Note, including all accrued and unpaid interest thereon, on the earlier of (i) The Sale Price shall be increased by more than 2% (in case the Actual Area is higher than the Usable Area under this Contract) by an adjustment amount determined as follows: Adjustment Amount = Unit Price X Actual Area – Usable Area acceleration of the Apartment under Indebtedness pursuant to the Contract
terms of the Loan Documents; or (ii) The Sale Price shall be decreased by more than 2% MARCH 25, 2017 (in case the Actual Area is higher than earlier of such dates being the Usable Area stated in this Contract) by an adjustment amount determined as follows: Adjustment Amount = Unit Price X Usable Area of the Apartment under the Contract - Actual Area The adjustment amount of the Sale Price arising from the difference between the Actual Area and the Usable Area of the Apartment shall be paid within seven (07) days from the signing date of the Hand-over Minutes"Maturity Date").
c) The payment schedule of the Maintenance Fee of Commonly Owned Areas in the Apartment Building: The Buyer shall be obliged to pay the Maintenance Fee of Commonly Owned Areas in the Apartment Building (to be determined based on the Sale Price exclusive of tax and subject to relevant adjustment as provided for in Item (b), Clause 3, Article 3 of this Contract) to the Seller on the date the Apartment shall be handed over to the Buyer. Within 07 days from the Seller’s receipt of the Buyer’s Maintenance Fee of Commonly Owned Areas, the Seller shall be obliged to place such amount into a saving account opened at a credit institute operating in Vietnam for the purpose of managing such amount. Within 07 days from the establishment of the Management Board of the Apartment Building, the Seller shall be obliged to hand over such amount including the interest there on to the Management Board of the Apartment Building for the purpose of its management and use in accordance with laws.
Appears in 1 contract
Samples: Loan Modification Agreement (Blue Dolphin Energy Co)
Payment Schedule. Except as expressly provided herein to the contrary, all payments on this Note shall be applied in the following order of priority: (a) The the payment schedule or reimbursement of any reasonable out-of-pocket costs and expenses (other than the outstanding principal balance hereof and interest hereon) of or incurred by Lender for which Debtor shall be obligated to pay or reimburse to Lender shall be entitled pursuant to the provisions of this Note or the other Loan Documents, (b) the payment of accrued but unpaid interest thereon, (c) the payment of any unpaid fees for which Debtor shall be entitled pursuant to the provisions of this Note or the other Loan Documents, and (d) the payment of all or any portion of the Sale Price principal balance hereof then outstanding hereunder. If any payment of the Apartment and VAT imposed thereon (exclusive of the Maintenance Fee of Commonly Owned Areas) principal or interest on this Note shall become due on a day other than a Business Day, such payment shall be made on the next succeeding Business Day and such extension of time shall in such case be included in computing interest in connection with such payment. This Note shall be due and payable as follows: First Instalment immediately upon signing Monthly payments of interest (computed on the average unpaid principal balance outstanding during that month) and fees shall be payable on or before the first day of each calendar month following the interest calculation month with the final interest payment payable on the Maturity Date, commencing on AUGUST 31, 2009 and continuing until JANUARY 31, 2013; and Principal of this Contract 15% Second Instalment After having completed Note shall be due and payable in monthly installments of the roofing Monthly Step Down, payable on the last day of each calendar month, beginning DECEMBER 31, 2009, and continuing regularly thereafter until JANUARY 31, 2013, when the fit-out is finished entire balance of principal and accrued and unpaid interest shall be due and payable. Subject to the terms and conditions in the Loan Agreement, Debtor may borrow, repay and reborrow loans on a revolving basis at any time and from time to time, up to 24th 15% floor of the Apartment Building, tentatively before 06 February 2019. Third Instalment After having completed the roofing and the fit-out is finished up to 29th floor of the Apartment Building, tentatively before 06 March 2019. 15% Fourth Instalment No later than 06 April 2019. 15% Fifth Instalment No later than 06 May 2019. 10% Sixth Instalment On the Hand-over Date 25% Seventh Instalment On the date the Seller hands over the LURC a maximum principal aggregate amount outstanding at any one time equal to the Buyer 5%
b) Before the Hand-over Date, Both Parties shall agree to appoint an independent third party who is functional for implementing the measurement lesser of Carpet Area of the Apartment (“Actual Area”); the Actual Area of the Apartment shall be final and binding on both Parties. In case, there are differences between the Actual Area of the Apartment and the Usable Area of the Apartment provided in the Contract: - equivalent to or less than 2% of the Usable Area of the Apartment, the Sale Price shall remain the same; or - the increased or decreased amount is higher than 2% of the Usable Area of the Apartment, then:
(i) The Sale Price shall be increased by more than 2% (in case the Actual Area is higher than the Usable Area under this Contract) by an adjustment amount determined as follows: Adjustment Amount = Unit Price X Actual Area – Usable Area of the Apartment under the Contract
Borrowing Base existing at such time, or (ii) The Sale Price the Revolving Credit Facility (such maximum principal amount being referenced to herein as the “Lender Commitment Amount”). Lender shall incur no liability for its refusal to advance funds based upon its reasonable determination that any conditions precedent to such further advances set forth in the Loan Agreement have not been satisfied. Lender’s records of the amounts borrowed and accrued and unpaid interest thereon from time to time shall be decreased by more than 2% (in case the Actual Area is higher than the Usable Area stated in this Contract) by an adjustment amount determined as follows: Adjustment Amount = Unit Price X Usable Area of the Apartment under the Contract - Actual Area The adjustment amount of the Sale Price arising from the difference between the Actual Area and the Usable Area of the Apartment shall be paid within seven (07) days from the signing date of the Hand-over Minutesconclusive proof thereof absent manifest error.
c) The payment schedule of the Maintenance Fee of Commonly Owned Areas in the Apartment Building: The Buyer shall be obliged to pay the Maintenance Fee of Commonly Owned Areas in the Apartment Building (to be determined based on the Sale Price exclusive of tax and subject to relevant adjustment as provided for in Item (b), Clause 3, Article 3 of this Contract) to the Seller on the date the Apartment shall be handed over to the Buyer. Within 07 days from the Seller’s receipt of the Buyer’s Maintenance Fee of Commonly Owned Areas, the Seller shall be obliged to place such amount into a saving account opened at a credit institute operating in Vietnam for the purpose of managing such amount. Within 07 days from the establishment of the Management Board of the Apartment Building, the Seller shall be obliged to hand over such amount including the interest there on to the Management Board of the Apartment Building for the purpose of its management and use in accordance with laws.
Appears in 1 contract
Samples: Loan and Security Agreement (Teletouch Communications Inc)
Payment Schedule. aDebtor agrees to pay Lender (without setoff) The the amount of any draft or request for payment schedule Lender has honored or will honor purporting to be drawn or made on the Letter of Credit (the Sale Price amount of such draft being the Apartment and VAT imposed thereon (exclusive of “Principal Balance”) at its offices as set forth herein, or at such other place as may be designated by Lender, on or before the Maintenance Fee of Commonly Owned Areas) shall be as followsEARLIER of: First Instalment immediately upon signing this Contract 15% Second Instalment After having completed the roofing and the fit-out is finished up to 24th 15% floor of the Apartment Building, tentatively before 06 February 2019. Third Instalment After having completed the roofing and the fit-out is finished up to 29th floor of the Apartment Building, tentatively before 06 March 2019. 15% Fourth Instalment No later than 06 April 2019. 15% Fifth Instalment No later than 06 May 2019. 10% Sixth Instalment On the Hand-over Date 25% Seventh Instalment On the date the Seller hands over the LURC to the Buyer 5%
b) Before the Hand-over Date, Both Parties shall agree to appoint an independent third party who is functional for implementing the measurement of Carpet Area of the Apartment (“Actual Area”); the Actual Area of the Apartment shall be final and binding on both Parties. In case, there are differences between the Actual Area of the Apartment and the Usable Area of the Apartment provided in the Contract: - equivalent to or less than 2% of the Usable Area of the Apartment, the Sale Price shall remain the same; or - the increased or decreased amount is higher than 2% of the Usable Area of the Apartment, then:
(i) The Sale Price shall be increased by more than 2% the date that is THIRTY (in case 30) days after the Actual Area is higher than the Usable Area under this Contract) by an adjustment amount determined as follows: Adjustment Amount = Unit Price X Actual Area – Usable Area of the Apartment under the Contract
date Lender honors any such draft or request for payment; or (ii) The Sale Price NOVEMBER 23, 2018. Except as expressly provided herein to the contrary, all payments under this Note shall be decreased by more than 2% applied in the following order of priority: (in case i) the Actual Area is higher payment or reimbursement of any expenses, costs or obligations (other than the Usable Area stated Principal Balance and interest thereon) for which either Debtor shall be obligated or Lender shall be entitled pursuant to the provisions of this Note or the Loan Agreement; (ii) the payment of accrued but unpaid interest on the Principal Balance; and (iii) the payment of all or any portion of the Principal Balance hereof then outstanding hereunder. If an Event of Default exists, then Lender may, at the sole option of Lender, apply any such payments, at any time and from time to time, to any of the items specified in clauses (i), (ii) or (iii) above without regard to the order of priority otherwise specified herein. If any payment of principal or interest on this Note shall become due on a day other than a Business Day, such payment shall be made on the next succeeding Business Day and such extension of time shall be included in computing interest in connection with such payment. Notwithstanding anything herein to the contrary, if requested by Lender, Debtor shall pay such Principal Balance in advance of the date Lender is to honor the draft or request for payment. Debtor shall pay such amount in good funds at Lender’s address indicated in this Contract) by an adjustment amount determined as follows: Adjustment Amount = Unit Price X Usable Area of the Apartment under the Contract - Actual Area The adjustment amount of the Sale Price arising from the difference between the Actual Area and the Usable Area of the Apartment shall be paid within seven (07) days from the signing date of the Hand-over Minutes.
c) The payment schedule of the Maintenance Fee of Commonly Owned Areas in the Apartment Building: The Buyer shall be obliged to pay the Maintenance Fee of Commonly Owned Areas in the Apartment Building (to be determined based on the Sale Price exclusive of tax and subject to relevant adjustment as provided for in Item (b), Clause 3, Article 3 of this Contract) to the Seller on the date the Apartment shall be handed over to the BuyerNote. Within 07 days from the Seller’s receipt of the Buyer’s Maintenance Fee of Commonly Owned Areas, the Seller shall be obliged to place such amount into a saving account opened at a credit institute operating in Vietnam for the purpose of managing such amount. Within 07 days from the establishment of the Management Board of the Apartment Building, the Seller shall be obliged to hand over such amount including the interest there on to the Management Board of the Apartment Building for the purpose of its management and use in accordance with laws.FOURTEENTH AMENDMENT TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT — PAGE 1 VERITEX COMMUNITY BANK — XXXXXX GEOPHYSICAL COMPANY
Appears in 1 contract
Samples: Loan and Security Agreement
Payment Schedule. a) The payment schedule of the Sale Price of the Apartment and VAT imposed thereon (exclusive of the Maintenance Fee of Commonly Owned Areas) shall be as follows: First Instalment immediately upon signing this Contract 15% Second Instalment After having completed the roofing and the fit-out is finished up to 24th 15% floor of the Apartment Building, tentatively before 06 February 2019. Third Instalment After having completed the roofing and the fit-out is finished up to 29th floor of the Apartment Building, tentatively before 06 March 2019. 15% Fourth Instalment No later than 06 April 2019. 15% Fifth Instalment No later than 06 May 2019. 10% Sixth Instalment On the Hand-over Date 25% Seventh Instalment On the effective date the Seller hands over the LURC to the Buyer 5%
b) Before the Hand-over Date, Both Parties shall agree to appoint an independent third party who is functional for implementing the measurement of Carpet Area of the Apartment (“Actual Area”); the Actual Area of the Apartment shall be final and binding on both Parties. In case, there are differences between the Actual Area of the Apartment and the Usable Area of the Apartment provided in the Contract: - equivalent to or less than 2% of the Usable Area of the Apartmenthereof, the Sale Price P-OEM shall remain the same; or - the increased or decreased amount is higher than 2% of the Usable Area of the Apartment, then:
(i) The Sale Price shall be increased by more than 2% (in case the Actual Area is higher than the Usable Area under this Contract) by an adjustment amount determined as follows: Adjustment Amount = Unit Price X Actual Area – Usable Area of the Apartment under the Contract
(ii) The Sale Price shall be decreased by more than 2% (in case the Actual Area is higher than the Usable Area stated in this Contract) by an adjustment amount determined as follows: Adjustment Amount = Unit Price X Usable Area of the Apartment under the Contract - Actual Area The adjustment amount of the Sale Price arising from the difference between the Actual Area and the Usable Area of the Apartment shall be paid within seven (07) days from the signing date of the Hand-over Minutes.
c) The payment schedule of the Maintenance Fee of Commonly Owned Areas in the Apartment Building: The Buyer shall be obliged to pay the Maintenance Fee of Commonly Owned Areas in Base Claim Amount for the Apartment Building first two full quarterly periods (to be determined based on the Sale Price exclusive of tax and subject to relevant adjustment as provided for in Item (bany initial stub quarterly period). Thereafter, Clause 3, Article 3 of this Contract) to the Seller on the date the Apartment shall be handed over to the Buyer. Within 07 days from the Seller’s commencing after receipt of the Buyer’s Maintenance Fee of Commonly Owned Areasfirst Quarterly Accounting for the first Quarterly Reporting Period, the Seller P-OEM shall pay in full the Adjusted Base Claim Amount calculated for the second quarterly period following the Quarterly Reporting Period (the “Quarterly Payment Period”). For example, if the Quarterly Reporting Period is the first quarter, the Quarterly Payment Period shall be obliged the third quarter; if the Quarterly Reporting Period is the sixth quarter, the Quarterly Payment Period shall be the eighth quarter. The P-OEM shall make such payment within thirty (30) calendar days (the “Quarterly Payment Date”) of receipt of the Quarterly Accounting; provided, however, that with respect to place the initial payment, if any, required to be made by the P-OEM pursuant to section 6.4(b) of the PSAN PI/WD TDP, the P-OEM shall be required to pay such amount (after taking into a saving account opened at a credit institute operating in Vietnam for the purpose Net Liquidated Value of managing such amount. Within 07 days from the establishment of the Management Board of the Apartment Building, the Seller shall be obliged to hand over such amount including the interest there on to the Management Board of the Apartment Building for the purpose of its management and use P-OEM Claim) in accordance with lawsthe time period established in section 6.4(b) of the PSAN PI/WD TDP and not on the Quarterly Payment Date. Any payments pursuant to this section 1.4 shall be made by wire transfer of immediately available funds to a segregated account established by the Trustee to hold amounts contributed to the PSAN PI/WD Trust by the P-OEM for payment of liquidated P-OEM Claims against the P- OEM, and any such amounts paid by the P-OEM shall not be commingled with any other funds contributed to the PSAN PI/WD Trust. In addition, no amounts paid by the P-OEM shall be utilized to pay, in whole or in part, claims asserted with respect to any other manufacturer’s vehicles. For this purpose, the Trustee shall designate to the P-OEM, not later than two (2) business days prior to the date specified for any payment, the account to which such payment is to be made. If any date on which a payment is due shall fall on a Saturday, Sunday or day on which banks in New York, New York, are permitted to be closed, then the payment due on such date shall be payable on the next calendar day that is not a Saturday, Sunday or day on which banks in New York, New York, are permitted to be closed. The Parties acknowledge and agree that the P-OEM has no obligation hereunder or under the Plan, PSAN PI/WD Trust Agreement, PSAN PI/WD TDP or other PSAN PI/WD Trust Documents to make any payments with respect to a TD Claim and any payments made by the P- OEM shall only be applied to satisfy compensable P-OEM Claims against the P-OEM.
Appears in 1 contract