Payments and Deliveries. On the third Scheduled Trading Day following the final Hedge Unwind Date or, if such day is not a Clearance System Business Day, on the next Clearance System Business Day immediately following such day (the “Payment Date”), Company shall pay to Dealer in immediately available funds cash in an amount equal to the Cash Settlement Amount. The “Cash Settlement Amount” shall mean an amount in US Dollars determined by Dealer according to the table set forth in Schedule A attached hereto (using linear interpolation or commercially reasonable extrapolation by Dealer, as applicable, to determine the Cash Settlement Amount for any Average VWAP not specifically appearing in Schedule A). “Average VWAP” means the arithmetic average of the VWAP Prices for each Hedge Unwind Date during the Hedge Unwind Period. “VWAP Price” for any Scheduled Trading Day means the per Share volume-weighted average price as displayed under the heading “Bloomberg VWAP” on Bloomberg page EZPW <equity> AQR (or any successor thereto) in respect of the period from 9:30 am to 4:00 pm (New York City time) on such Scheduled Trading Day (or if such volume-weighted average price is unavailable, the market value of one Share on such Scheduled Trading Day for such time period, as determined by Dealer). Notwithstanding the foregoing, if any Scheduled Trading Day in the Hedge Unwind Period is a Disrupted Day (in whole or in part), then the VWAP Price for such Scheduled Trading Day(s) shall be the volume-weighted average price per Share on such Scheduled Trading Day on the Exchange for such time period, as determined by Dealer based on such sources as it deems appropriate using a volume-weighted methodology, for the portion of such Scheduled Trading Day for which Dealer determines there is no Market Disruption Event with respect to the Shares (if any) and the number of Hedge Unwind Dates and the Cash Settlement Amount shall be adjusted by Dealer in its good faith, commercially reasonable discretion to account for such disruption and/or extension.
Payments and Deliveries. On the first Scheduled Trading Day following the final Averaging Date (as defined below) or, if such day is not a Clearance System Business Day, on the next Clearance System Business Day immediately following such day (the “Payment Date”), Dealer shall pay to Company in immediately available funds cash in an amount equal to the Cash Settlement Amount. The “Cash Settlement Amount” shall mean an amount in US Dollars determined by Dealer using linear interpolation with reference to the table set forth in Schedule A attached hereto.
Payments and Deliveries. On May 12, 2017 or, if such day is not a Clearance System Business Day, on the next Clearance System Business Day immediately following such day (the “Payment Date”), Dealer shall pay to Company, to the account specified in Section 7 hereof, in immediately available funds cash in an amount to be agreed separately by Company and Dealer (the “Cash Settlement Amount”).
Payments and Deliveries. 10.1 In relation to Structured Products, the Bank shall be discharged from its entire liability in connection with a Structured Product or, if only partially redeemed or terminated, such part thereof on its Settlement Date when the amounts payable or deliverable under Clause 5 of this Schedule 1 in connection with such Structured Product are credited to such account as notified by the Customer or if the Bank has not been notified of such account or that such account notified by the Customer has ceased to be operative, to any of the Customer’s account maintained with the Bank as the Bank shall in its absolute discretion determine or by way of cheque or in some other form as determined by the Bank.
Payments and Deliveries. If any payment or delivery pursuant to this Agreement is to be made on any date that is not a Business Day, such payment or delivery shall be made on the first following date that is a Business Day and shall not be deemed to be delayed. All payments under this Agreement shall be made without any deduction or withholding for or on account of any taxes.
Payments and Deliveries. In consideration of the exclusive license granted herein and the transfer of ownership of the Transferred Assets, EyeTech shall pay the following amounts to Gilead:
Payments and Deliveries. 12.1 Save as otherwise provided in the Documentation, all payments under or in connection with this Issuer Undertaking and Confidentiality Agreement and any payments to be made by the Issuer in respect of any assets purchased under any Transaction shall be in immediately available freely convertible funds and made in sterling and, save as otherwise provided or specified by the Bank, all payments shall be made on the due date for payment thereof free from set-off or counterclaim and without deduction or withholding for or on account of any taxes of whatsoever nature imposed, levied collected, withheld or assessed, unless such a deduction or withholding is required by law.
12.2 In the event of such a deduction or withholding, the amount of any payment due from the Issuer shall be increased to an amount which (after making any such deduction or withholding) leaves the Bank or CCFFL with a net amount equal to the amount which would have been due if no such deduction or withholding had been required to be made.
12.3 The Issuer shall (within three Business Days of demand by the Bank) indemnify the Bank and CCFFL against any Loss, liability or cost which the Bank (in its absolute discretion) determines will be or has been (directly or indirectly) suffered by the Bank or CCFFL for or on account of tax in relation to a payment received or receivable (or any payment deemed to be received or receivable) under or in connection with any Transaction, except to the extent that the Loss has been compensated for by an increased payment under clause 12.2.
Payments and Deliveries. For the purposes of this Condition 6, references to payment or repayment (as the case may be) of principal and/or interest and other similar expressions will, where the context so admits, be deemed also to refer to delivery and payment of any Securities Amount(s).
Payments and Deliveries. The location of Citi is the sole place of payment of any obligation under this Agreement. Citi is only obligated to make payment in respect of the Cash Account in the currency in which that Cash Account is denominated.
Payments and Deliveries. Prior to 11:00 a.m. Houston time on the Closing Date, Foreland shall (i) pay an amount equal to the Base Price for the account of Petro Source Corporation by wire transfer of funds to Petro Source Corporation's designated bank account, and (ii) deliver to Petro Source Corporation one or more certificates for the Original Shares and the Closing Shares.. Petro Source Corporation shall deliver or cause to be delivered the Releases, as defined in Section 6.03A, together with all conveyances, instruments, and documents to be delivered by or on behalf of Petro Source Corporation at Closing.
