Payment; Valuation Sample Clauses

Payment; Valuation. (i) The purchase price for the PGGM PRE Fund Partnership Interest to be sold and purchased as set forth in an Exercise Notice (the “Purchase Price”) shall be the NAV of the Partnership as set forth in the quarterly report and Financial Statements described in Section 8.2, the delivery of which commenced the applicable Exercise Period, multiplied by the Percentage Interest set to be sold in such Exercise Notice, unless either Inland or PGGM PRE Fund, as the case may be, notifies the other in the Exercise Notice that it disagrees with such NAV and requests that the Purchase Price be determined in accordance with the method described in paragraph 3 on EXHIBIT 11.5-A (an “Appraisal”) in which case the “Purchase Price” shall be the price determined by such Appraisal. In the event that both Inland and PGGM PRE Fund deliver an Exercise Notice within the same Exercise Period and only one of them elects an Appraisal, the full amount of the PGGM PRE Fund Partnership Interest to be sold pursuant to such Exercise Notices shall be sold at the Purchase Price determined pursuant to the Appraisal. (ii) The Purchase Price shall be payable at a closing occurring at 10:00 a.m. CST on the 5th Business Day after (A) the end of the applicable Exercise Period, if neither Inland or PGGM PRE Fund elects an Appraisal in its Exercise Notice, or (B) determination of the Purchase Price pursuant to an Appraisal (the “Closing Date”) at the principal offices of the Partnership or such other time and place as agreed by Inland and PGGM PRE Fund as follows: (y) in the event the Purchase Price is paid in cash, the Purchase Price shall be paid to PGGM PRE Fund, and an assignment of PGGM PRE Fund’s Partnership Interest being sold shall be delivered to Inland by PGGM PRE Fund; or (z) in the event the Purchase Price is to be paid all or partially in Stock (as defined below), the Stock shall be delivered to PGGM PRE Fund, the cash portion of the Purchase Price (if any) shall be paid to PGGM PRE Fund, and an assignment of PGGM PRE Fund’s Partnership Interest being sold shall be delivered to Inland by PGGM PRE Fund. (iii) Inland, in its sole discretion, may elect to pay all or a portion of the Purchase Price in registered, non-restricted shares of common stock of Inland or a successor company (the “Stock”); provided that to the extent the Stock proposed to be issued to PGGM PRE Fund, when added to any shares of Inland equity then held by PGGM PRE Fund, exceeds five percent (5%) of all outstanding e...
AutoNDA by SimpleDocs

Related to Payment; Valuation

  • Annual Valuation The Trust shall annually, at least 30 days prior to the anniversary date of establishment of the Fund, furnish to the Grantor and to the Agency a statement confirming the value of the Trust. Any securities in the Fund shall be valued at market value as of no more than 60 days prior to the anniversary date of establishment of the fund. The failure of the Grantor or the Agency to object in writing to the Trustee within 90 days after the statement has been furnished to the Grantor and the Agency shall constitute a conclusively binding assent by the Grantor, barring the Grantor from asserting any claim or liability against the Trustee with respect to matters disclosed in the statement.

  • Interest on Delinquent Payments Without waiving any other right or action available to Authority, in the event of default of Company's payment of Rents or other charges hereunder, and in the event Company is delinquent in paying to Authority any Rents or other charges for a period of five (5) days after the payment is due, Authority reserves the right to charge Company interest thereon from the date the Rents or other charges became due to the date of payment at one and one-half percent (1.5%) per month, to the maximum extent permitted by Applicable Law.

  • Customs Valuation The Parties shall determine the customs value of goods traded between them in accordance with the provisions of Article VII of the GATT 1994 and the WTO Agreement on Implementation of Article VII of the GATT 1994.

  • Valuation Date The value of the Collateral shall be determined on the date of the Buy-In (or the payment made pursuant to Section 6.2 below).

  • Delinquent Payments 8F.01 Timely payment of wages and contributions to all trust funds provided for in this Agreement is essential for the protection of the beneficiaries. Delinquency and continued failure to pay wages and/or remit contributions to the trust funds shall be dealt with as follows: (i) The Union shall advise the employer in writing of any delinquency. (ii) If within seven (7) days of receipt of notification exclusive of Saturday, Sunday and Holidays, the employer has failed to pay delinquent contributions or the employer or their Construction Labour Relations Association has failed to request a meeting with the Union to provide for the payment of delinquent contributions, then the employer agrees that all contributions/deductions due and payable in accordance with this Agreement are in arrears and subject to an additional charge at the rate of ten percent (10%) on all contributions/deductions in arrears. This is not to be construed that the above charges relieve the employer of any further liabilities which may occur because of their failure to report any pay contributions/deductions as provided. (iii) Should the matter not be resolved at the above mentioned meeting, the Union may demand payment of wages and contributions at the end of each day or at the end of each week or upon seventy-two (72) hours notice to the employer, withdraw its' members from the delinquent employer without contravening the terms of this Agreement. (iv) Delinquent companies will be liable for all legal costs incurred in the recovery of contributions.

  • Payment on Non-Business Days Whenever any payment to be made shall be due on a day which is not a Business Day, such payment may be due on the next succeeding Business Day.

  • Payment on non-Business Day If any payment by the Borrower under a Finance Document would otherwise fall due on a day which is not a Business Day: (a) the due date shall be extended to the next succeeding Business Day; or (b) if the next succeeding Business Day falls in the next calendar month, the due date shall be brought forward to the immediately preceding Business Day, and interest shall be payable during any extension under paragraph (a) at the rate payable on the original due date.

  • VALUATION PERIOD Each Division will be valued at the end of each Valuation Period on a Valuation Date. A Valuation Period is each Business Day together with any non-Business Days before it. A Business Day is any day the New York Stock Exchange (NYSE) is open for trading, and the SEC requires mutual funds, unit investment trusts, or other investment portfolios to value their securities. ACCUMULATION VALUE The Accumulation Value of this Contract is the sum of the amounts in each of the Divisions of the Variable Separate Account and General Account. You select the Divisions of the Variable Separate Account and General Account to which to allocate the Accumulation Value. The maximum number of Divisions to which the Accumulation Value may be allocated at any one time is shown in the Schedule. ACCUMULATION VALUE IN EACH DIVISION ON THE CONTRACT DATE On the Contract Date, the Accumulation Value is allocated to each Division as elected by you, subject to certain terms and conditions imposed by us. We reserve the right to allocate premium to the Specially Designated Division during any Right to Examine contract period. After such time, allocation will be made proportionately in accordance with the initial allocation(s) as elected by you. ON EACH VALUATION DATE At the end of each subsequent Valuation Period, the amount of Accumulation Value in each Division will be calculated as follows:

  • Settlement Amount If the Non-Defaulting Party has declared an Early Termination Date pursuant to Section 7.2(b), the Non-Defaulting Party shall have the right to (i) accelerate all amounts owing between the Defaulting Party and the Non-Defaulting Party and to liquidate and terminate the undertakings set forth in this Agreement as between the Defaulting Party and the Non-Defaulting Party; and (ii) withhold any payments due to the Defaulting Party under this Agreement pending payment of the Termination Payment. The Non-Defaulting Party will calculate, in a commercially reasonable manner, the Settlement Amount with respect to the Defaulting Party’s obligations under the Agreement and shall net the Settlement Amount in the manner provided for in Section 7.3(c).

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!