Payments & Advances. 5.1. HOKU acknowledges receipt from TIANWEI of the prepayment of Fifteen Million U.S. Dollars (US$15,000,000) via wire transfer of immediately available funds (the “Initial Deposit”). TIANWEI Initials & Date ___________________________ HOKU Initials & Date ___________________________
5.2. HOKU acknowledges receipt from TIANWEI of an additional sum of Fifteen Million U.S. Dollars (US$15,000,000) (the “Second Deposit”) as an advance payment for Products to be delivered under this Agreement.
5.3. HOKU acknowledges receipt from TIANWEI of an additional sum of Ten Million U.S. Dollars (US$10,000,000) (the “Third Deposit”) as an advance payment for Products to be delivered under this Agreement.
5.4. HOKU acknowledges receipt from TIANWEI of an additional sum of Four Million U.S. Dollars (US$4,000,000), and TIANWEI agrees that it shall pay in cash to HOKU the additional sum of One Million U.S. Dollars (US$1,000,000) (collectively, the “Fourth Deposit” and together with the Second Deposit and the Third Deposit, the “Main Deposit”) as an advance payment for Products to be delivered under this Agreement. Payment of the Fourth Deposit shall be made when HOKU completes the shipment to TIANWEI of a cumulative aggregate of [*] metric tons of Products pursuant to Section 4 of this Agreement (including Products shipped in calendar year 2009).
5.5. HOKU acknowledges receipt from TIANWEI of an irrevocable stand-by letter of credit in substantially the form of Appendix 3 attached hereto (the “Letter of Credit”) by the issuing bank (the “Issuing Bank”) in the amount of the Main Deposit. The Letter of Credit shall be freely assignable by HOKU in connection with any assignment of this Agreement by HOKU pursuant to Section 14.4 below. Payment to HOKU of the Fourth Deposit shall be made by the Issuing Bank upon its receipt of written notice that TIANWEI has failed to make the payment of the Fourth Deposit. The Letter of Credit shall expire after the Main Deposit has been paid in full.
5.6. HOKU shall invoice TIANWEI at or after the time of each shipment of Products to TIANWEI. Taxes, customs and duties, if any, will be identified as separate items on HOKU invoices. All invoices shall be sent to TIANWEI’s address as provided herein. Payment terms for all invoiced amounts shall be [*] days from date of shipment. All payments shall be made in U.S. Dollars. Unless HOKU is entitled to retain the Total Deposit as liquidated damages pursuant to Section 11 below, shipments to TIANWEI sha...
Payments & Advances. Section
2.1 The Loan Section 2.2 Disbursements Section 2.3 Loan Repayment Section 2.4 Prepayment Section 2.5 Making of Payments Section 2.6 Late Payment Charge Section 2.7 Release on Payment in Full Section 2.8 Construction Escrow Account Section 2.9 Affiliate Payments
Payments & Advances. 5.1. HOKU acknowledges that as of the date of this Agreement, SOLARFUN has provided HOKU with a deposit of Eleven Million U.S. Dollars (US$11,000,000) via wire transfer of immediately available funds (the "FIRST DEPOSIT") as advance payment for Products to be delivered under this Agreement.
5.2. SOLARFUN shall pay in cash to HOKU the additional sum of Forty-Four Million U.S. Dollars (USD $44,000,000.00) (the "MAIN DEPOSIT") as an advance payment for Products to be delivered under this Agreement in accordance with the payment schedule set forth below.
5.2.1. Nineteen Million U.S. Dollars ($19,000,000) of the Main Deposit (the "SECOND DEPOSIT") shall be paid to HOKU on September 30, 2008 (the "SECOND DEPOSIT DATE"); provided, however, that the Second Deposit Date shall be extended until such time as HOKU has completed the Financing.
5.2.2. Provided that this Agreement has not been terminated pursuant to Section 9.3, Twenty Million U.S. Dollars (USD $20,000,000) of the Main Deposit (the "THIRD DEPOSIT") shall be paid to HOKU on March 31, 2009 (the "THIRD DEPOSIT DATE"); provided, however, that the Third Deposit Date shall be extended until such time as HOKU has completed the Financing (unless this Agreement has been terminated pursuant to Section 9.3).
5.2.3. Provided that this Agreement has not been terminated pursuant to Section 9.3, Five Million U.S. Dollars (USD $5,000,000.00) of the Main Deposit (the "FOURTH DEPOSIT") shall be paid to HOKU on March 31, 2010 (the "FOURTH DEPOSIT DATE"); provided, however, that the Fourth Deposit Date shall be extended until such time as HOKU has completed the Financing (unless this Agreement has been terminated pursuant to Section 9.3).
Payments & Advances. The Total Deposit shall be used only by HOKU for polysilicon facilities construction, operation, administration, and other expenses and investments related to HOKU’s polysilicon business.
6.1. HOKU acknowledges receipt of fifteen million U.S. dollars ($15,000,000) from JINKO (the “Initial Deposit”), plus five million U.S. dollars ($5,000,000) from ALEX. JINKO acknowledges and agrees that, upon the effectiveness of this Agreement pursuant to Section 1 above, it shall have no rights or claims against HOKU with respect to the ALEX Contribution, including, without limitation, any rights to a refund of the ALEX Contribution upon any past, present, or future breach of this Agreement by HOKU. JINKO Initials & Date /s/ XDL 09.2.26 HOKU Initials & Date /s/ DS 2/26/09
6.2. On or before March 25, 2009, JINKO shall provide HOKU with a deposit of three million U.S. dollars ($3,000,000) via wire transfer of immediately available funds (the “Third Deposit”) as advance payment for Products to be delivered under this Agreement.
6.3. On or before June 24, 2009, JINKO shall provide HOKU with a deposit of two million U.S. dollars ($2,000,000) via wire transfer of immediately available funds (the “Fourth Deposit” and together with the Initial Deposit and the Third Deposit, the “Total Deposit”) as advance payment for Products to be delivered under this Agreement.
6.4. HOKU shall invoice JINKO at or after the time of each shipment of Products to JINKO. Taxes, customs and duties, if any, will be identified as separate items on HOKU invoices. All invoices shall be sent to JINKO’s address as provided herein. Payment terms for all invoiced amounts shall be [*] days from date of shipment. All payments shall be made in U.S. dollars. Unless HOKU is entitled to retain the Total Deposit as liquidated damages pursuant to Section 12 below, shipments to JINKO shall be credited against the Total Deposit on a straight-line basis during the second through tenth Year.
6.5. The prices are EXW prices (INCOTERMS 2000). The prices for the Products do not include any excise, sales, use, import, export or other similar taxes, such taxes will not include income taxes or similar taxes, which taxes will be invoiced to and paid by JINKO, provided that JINKO is legally or contractually obliged to pay such taxes. JINKO shall be responsible for all transportation charges, duties or charges, liabilities and risks for shipping and handling (and hereby indemnifies HOKU for such costs, liabilities and risks); t...
Payments & Advances. 5.1. HOKU acknowledges that as of the date of this Agreement, SOLARFUN has provided HOKU with a deposit of Eleven Million U.S. Dollars (US$11,000,000) via wire transfer of immediately available funds (the “First Deposit”) as advance payment for Products to be delivered under this Agreement.
5.2. SOLARFUN shall pay in cash to HOKU the additional sum of Forty-Four Million U.S. Dollars (USD $44,000,000.00) (the “Main Deposit”) as an advance payment for Products to be delivered under this Agreement in accordance with the payment schedule set forth below.
5.2.1. Nineteen Million U.S. Dollars ($19,000,000) of the Main Deposit (the “Second Deposit”) shall be paid to HOKU on September 30, 2008 (the “Second Deposit Date”).
5.2.2. Twenty Million U.S. Dollars (USD $20,000,000) of the Main Deposit (the “Third Deposit”) shall be paid to HOKU on March 31, 2009 (the “Third Deposit Date”).
5.2.3. Five Million U.S. Dollars (USD $5,000,000.00) of the Main Deposit (the “Fourth Deposit”) shall be paid to HOKU on March 31, 2010 (the “Fourth Deposit Date”).
Payments & Advances. The Total Deposit shall be used only by HOKU for polysilicon facilities construction, operation, administration, and other expenses and investments related to HOKU’s polysilicon business.
0.0. Xx soon as possible after signing this Agreement, and no later than August 20, 2008, KINKO shall provide HOKU with a deposit of Ten Million U.S. Dollars (US$10,000,000) via wire transfer of immediately available funds (the “Initial Deposit”) as advance payment for Products to be delivered under this Agreement.
5.2. On or before December 20, 2008, KINKO shall provide HOKU with a deposit of Twenty Million U.S. Dollars (US$20,000,000) via wire transfer of immediately available funds (the “Second Deposit”) as advance payment for Products to be delivered under this Agreement.
5.3. On or before March 31, 2009, KINKO shall provide HOKU with a deposit of Twenty-five Million U.S. Dollars ($25,000,000) via wire transfer of immediately available funds (the “Third Deposit” and together with the Initial Deposit and the Second Deposit, the “Total Deposit”) as advance payment for Products to be delivered under this Agreement.
5.4. On or before August 31, 2008, KINKO shall provide to HOKU an irrevocable stand-by letter of credit in substantially the form of Appendix 3 attached hereto (the “First Letter of Credit”) in the amount of the Second Deposit. The First Letter of Credit shall be issued to HOKU by a bank domiciled in and organized under the laws of one of the fifty States of the United States of America, and which has a credit rating that is acceptable to HOKU in its sole discretion (the “Issuing Bank”). The First Letter of Credit shall be issued in US Dollars for the full amount of the Second Deposit, and shall be freely assignable by HOKU in connection with any assignment of this Agreement by HOKU pursuant to Section 14.4 below. Payment to HOKU of the Second Deposit shall be made by the Issuing Bank upon its receipt of written notice that KINKO has failed to make such payment on the applicable date. The First Letter of Credit shall expire after payment of the Second Deposit.
5.5. On or before December 31, 2008, KINKO shall provide to HOKU an irrevocable stand-by letter of credit in substantially the form of Appendix 3 attached hereto (the “Second Letter of Credit”) in the amount of the Third Deposit. The Second Letter of Credit shall be issued to HOKU by the Issuing Bank. The Second Letter of Credit shall be issued in US Dollars for the full amount of the Third Deposit, and ...
Payments & Advances. 3.1. SUPPLIER shall invoice HOKU, once per month, for all of the Guaranteed Weekly Quantities of Product delivered to HOKU during that month. Taxes, customs and duties, if any, will be identified as separate items on SUPPLIER invoices. All invoices shall be sent to HOKU’s notice address provided in this Agreement. Payment terms for all invoiced amounts shall be [*] from the date of invoice. All payments shall be made in U.S. Dollars via wire transfer. If payments are not received within [*], SUPPLIER will notify Hoku. Should payment not be received within [*] after notification, SUPPLIER will have the right to suspend shipments.
3.2. The prices for the Products do not include any excise, sales, use, import, export or other similar taxes, which taxes will be separately identified on invoices and paid by HOKU, provided that HOKU is legally or contractually obliged to pay such taxes. SUPPLIER and HOKU will work together to Legally minimize the possibility of taxes, but if there are any assessed, SUPPLIER shall promptly remit to HOKU in full any such taxes paid by HOKU which are refunded to SUPPLIER in whole or in part. Supplier shall be responsible for all transportation charges, duties or charges for shipping and handling; thus, the price for the Products set forth in Appendix 1 includes any and all such charges. HOKU Initials & Date ____DS 11/19/08 SUPPLIER Initials & Date ___MTM 11/19/08___________________
3.3. Notwithstanding SUPPLIER’s obligation to pay all transportation charges associated with shipment and delivery of the Products pursuant to Sections 2.5 and 3.2 above, SUPPLIER shall invoice HOKU for any additional costs it incurs in shipping Products to HOKU which are directly attributable to increases in the cost of fuel per the BHS Marketing-Nampa Fuel Surcharge Program. If the fuel-related costs incurred by SUPPLIER in shipping Products decrease, then SUPPLIER shall credit HOKU in the amount of the difference between its costs as of the Effective Date and its then-current costs. In addition, if the Product is shipped to HOKU by rail, SUPPLIER may also invoice HOKU for any additional rail rate or rail fuel surcharges it incurs in shipping Product to XXXX.
Payments & Advances. Prior to the Conversion Date, the Borrowers may from time to time make prepayments of principal without premium or penalty, provided that on or after April 1, 1999, interest on the amount prepaid, accrued to the prepayment date, shall be paid on such prepayment date shall accompany such prepayment. The Borrowers may not reborrow any amounts paid or prepaid on the Revolving Credit Note on or after March 31, 1999. All payments and prepayments shall be made in lawful money of the United States of America. All outstanding principal of and unpaid accrued interest on the Revolving Credit Note not previously paid hereunder shall be due and payable at final maturity on March 31, 2004, unless such final maturity shall be extended by the Bank in writing or accelerated pursuant to the terms hereof. After maturity (whether by acceleration or otherwise) the Revolving Credit Note shall bear interest at the Default Rate, payable on demand. Interest shall be calculated on the basis of a year of 365 days but assessed for the actual number of days elapsed in each accrual period. The $20,000,000 Revolving Credit Note shall constitute a replacement, extension and modification of the $12,000,000 Revolving Credit Note annexed as Exhibit A to the December 16, 1996 Third Modification to the Third Amendment and that certain interim supplemental note from ECS dated April 1, 1997 in the original principal amount of $500,000 (the "Interim Note"), which such prior $12,000,000 Revolving Credit Note had an outstanding principal balance of $8,800,000.00 as of the Closing Date and the Interim Note had an outstanding principal balance of $430,307.00 as of April 15, 1997. Notwithstanding the original stated principal amount of the Revolving Credit Note, in no event shall the outstanding and unpaid principal amount advanced thereon exceed $13,897,000 until May 31, 1997 (the "Initial Redetermined Borrowing Base") without the express prior written consent of the Bank.
Payments & Advances. Prior to the Conversion Date, the Borrowers may from time to time make prepayments of principal without premium or penalty, provided that on or after April 1, 1999, interest on the amount prepaid, accrued to the prepayment date, shall be paid on such prepayment date shall accompany such prepayment. The Borrowers may not reborrow any amounts paid or prepaid on the Bank Note on or after March 31, 1999. All payments and prepayments shall be made in lawful money of the United States of America. All outstanding principal of and unpaid accrued interest on the Bank Note not previously paid hereunder shall be due and payable at final maturity on March 31, 2004, unless such final maturity shall be extended by each Bank in writing or accelerated pursuant to the terms hereof. After maturity (whether by acceleration or otherwise) the Bank Note shall bear interest at the Default Rate, payable on demand. Interest shall be calculated on the basis of a year of 365 days but assessed for the actual number of days elapsed in each accrual period. In no event shall the outstanding and unpaid principal amount advanced on the Bank Note exceed $20,000,000 until November 30, 1997 (the "Initial Redetermined Borrowing Base Date") without the express prior written consent of each Bank.
Payments & Advances. 5.1. Immediately upon signing this Agreement, SOLARFUN shall provide HOKU with a deposit of One Million U.S. Dollars (US$1,000,000) via wire transfer of immediately available funds (the “First Deposit”) as advance payment for Products to be delivered under this Agreement.
5.2. On or before December 28, 2007, SOLARFUN shall provide HOKU a second cash deposit of Nine Million U.S. Dollars (US$9,000,000.00) (the “Second Deposit, and together with the First Deposit, the “Initial Deposit”) as advance payment for Products to be delivered under this Agreement.
5.3. SOLARFUN shall pay in cash to HOKU the additional sum of Forty-Five Million U.S. Dollars (USD $45,000,000.00) (the “Main Deposit”) as an advance payment for Products to be delivered under this Agreement in accordance with the payment schedule set forth below.
5.3.1. Forty-Four and one-half percent (44.5%) of the Main Deposit (USD $20,000,000.00) (the “Third Deposit”) shall be paid to HOKU on September 30, 2008 (the “Third Deposit Date”).
5.3.2. Forty-Four and one-half percent (44.5%) of the Main Deposit (USD $20,000,000) (the “Fourth Deposit”) shall be paid to HOKU on March 31, 2009 (the “Fourth Deposit Date”).
5.3.3. Eleven percent (11%) of the Main Deposit (USD $5,000,000.00) (the “Fifth Deposit”) shall be paid to HOKU on March 31, 2010 (the “Fifth Deposit Date”).