Payment to Xxxxxxxxx. The Company hereby agrees to pay to Xxxxxxxxx an amount equal to five (5%) percent of the exercise price (i.e. ,$.45 per share based on the initial Exercise Price of the Warrants which is $9.00 per share) for each Warrant exercised (the "Exercise Fee") a portion of which may be allowed by Xxxxxxxxx to the dealer who solicited the exercise (which may also be Xxxxxxxxx) provided that:
(a) such Warrant is exercised on or after May 14, 2000, which is one year from the effective date of the Company's Registration Statement;
(b) at the time of exercise, the market price of the Company's Common Stock is higher than the applicable Exercise Price of the Warrant being exercised;
(c) the holders of Warrants being exercised have specifically indicated in writing, either in the Form of Election contained on the specimen Warrant Certificate or by written documents signed and dated by the holders that the exercise of such Warrants was solicited by Xxxxxxxxx or another member of the NASD; and
(d) Xxxxxxxxx and/or the member of the NASD which solicited the exercise of Warrants delivers a certificate to the Company within five (5) business days of receipt of information relating to such exercised Warrants from the Company or the Warrant Agent in the form attached hereto as Exhibit A, stating that:
(1) The Warrants exercised were not held in a discretionary account;
(2) The member which solicited the exercise of Warrants did not (unless granted an exemption by the Securities and Exchange Commission ("the Commission") from the provisions thereof), within the applicable number of business days under Regulation M immediately preceding the date of exercise of the Warrant bid for or purchase the Common Stock of the Company or any securities of the Company immediately convertible into or exchangeable for the Common Stock (including the Warrants) or otherwise engage in any activity that would be prohibited by Regulation M under the Securities Exchange Act of 1934, as amended (the "Exchange Act"), to a broker-dealer engaged in a distribution of the Company's securities; and
(3) In connection with the solicitation, it disclosed the compensation it would receive upon exercise of the Warrant.
Payment to Xxxxxxxxx. Within fourteen (14) days after the last to -------------------- occur of (i) the ninetieth (90/th/) day after the Closing Date, and (ii) the final resolution of any objections or proposed changes with respect to the Proposal and the Assumed Payables, Purchaser shall pay to Xxxxxxxxx the excess, if any, by which the sum of (i) the Pre-Closing Receivables, and (iii) Xxxxxxxxx'x Portion of the Post Closing Receivables collected by Purchaser during the Adjustment Period exceed the Assumed Payables. Xxxxxxxxx and Purchaser shall use their best efforts to collect any Pre- Closing Receivables and Xxxxxxxxx'x Portion of the Post-Closing Receivables not collected by Purchaser during the Adjustment Period and such funds shall be promptly paid by Purchaser to Xxxxxxxxx after collection, provided that the aggregate of the Pre-Closing Receivables and Xxxxxxxxx'x Portion of the Post-Closing Receivables collected by Purchaser exceed the Assumed Payables and Purchaser does not otherwise have any claims or offset rights against such monies.
Payment to Xxxxxxxxx. Plaintiffs shall pay or cause to be paid to Xxxxxxxxx the following, which shall be referred to hereinafter as the “Settlement Sum”:
a. A total of $1,000,000.00 (the “Settlement Sum”) in equal payments of $11,904,76 over a period of 7 years, with each payment being due and owing on the 1st day of the month and late on the 3rd day of the month.
b. The first payment shall be due and payable on November 1, 2024.
Payment to Xxxxxxxxx xxx. In months when Reseller does not earn a Residual and Buy Rates and/or other fees are due to Xxxxxxxxx.xxx, Xxxxxxxxx.xxx will bill Reseller on the first business day of each month for any and all amounts owing under this Agreement. Payments will be made in U.S. Dollars and as follows:
(i) Resellers with U.S. Bank Accounts. Reseller hereby authorizes Xxxxxxxxx.xxx to initiate transaction entries to Xxxxxxxx’s bank account(s) provided in its Reseller application for all amounts due to Xxxxxxxxx.xxx by Reseller under this Agreement. This authority is to remain in full force and effect until Xxxxxxxxx.xxx has received written notification from Reseller of its request for termination in such time as to afford Xxxxxxxxx.xxx a commercially reasonable opportunity to acknowledge and respond to the request. If Xxxxxxxx’s bank account number(s) and/or federal income tax ID number changes, Reseller shall promptly provide Xxxxxxxxx.xxx with written notice of the change and the new number(s). Entries initiated to or from Reseller’s bank account will be in accordance with the rules of the National Automated Clearing House Association (NACHA) and/or any other regulatory body or agency having jurisdiction over the subject matter hereof.
Payment to Xxxxxxxxx a. In consideration for the promises, agreement and undertakings set forth herein, TM agrees to pay Xxxxxxxxx Twenty-One Thousand, Six Hundred Forty-Two Dollars and sixty-seven cents ($21,642.67) on February 1, 2000 and on the first day of each succeeding calendar month through and including October 1, 2001.
b. TM will also pay Xxxxxxxxx health insurance premiums at the same level of coverage on the date hereof through October 31, 2001.
c. In addition to any other remedies available to it, upon receipt of competent evidence of any breach of this Agreement by Xxxxxxxxx, XX may cease payment under this paragraph, provided it first notifies Xxxxxxxxx and affords an opportunity for discussion and/or remediation within thirty (30) days of such notice.
d. If TM breaches this Agreement by missing any payment required hereby (a payment which is not made within seven (7) days of written notice from Xxxxxxxxx to TM - Attention CFO is a missed payment) then in his sole discretion, Xxxxxxxxx may:( i) xxx to enforce the terms of this Agreement; or (ii) pursue before the appropriate Courts or Agencies any claims previously waived in this Agreement. TM agrees not to plead any statute of limitations as an affirmative defense in the event of pursuing such claims.
Payment to Xxxxxxxxx. In consideration for Xxxxxxxxx'x agreement and services hereunder, BancFirst shall pay to Xxxxxxxxx the sum of $1,250,000 cash as compensation, which shall be payable on the Acquisition Date. In the event of Xxxxxxxxx'x death, disability, or incapacity, no part of this payment shall be refundable.
Payment to Xxxxxxxxx. All payments required to be made to Xxxxxxxxx under the Property Agreement, as amended by this Amending Agreement, shall be made by AMT directly into the bank account of Xxxxxxxxx at such bank as Xxxxxxxxx may advise Optionor in writing or in such other commercially reasonable manner as Xxxxxxxxx may, in writing, direct AMT from time to time.
