Payments in Kind. If the Bank requires delivery in kind of the proceeds of collection of the Borrower's accounts receivable, such proceeds shall be credited to interest, principal, and other sums owed to the Bank under this Agreement in the order and proportion determined by the Bank in its sole discretion. All such credits will be conditioned upon collection and any returned items may, at the Bank's option, be charged to the Borrower.
Payments in Kind. In the event that the Royalty Holder determines that it wishes to receive Royalty payments in physical product in kind, the Royalty Holder shall provide written notice of such election. Upon timely receipt of such notice, the Owner shall direct any Offtaker that is the final refiner or other processor of the applicable Products to pay the Royalty directly to the account of the Royalty Holder. The Owner shall, and shall cause the Offtaker to, notify the Royalty Holder in writing at least three weeks prior to any change of such Offtaker. All costs incurred by the Owner with respect to arranging for such payment in kind shall be for the account of the Royalty Holder and may be deducted from any subsequent payment of the Royalty.
Payments in Kind. The proceeds of collections of the Borrower's accounts receivable, when received by the Bank in kind, shall be credited to interest, principal, and other sums owed to the Bank under this Restated Credit Agreement in the order and proportion determined by the Bank in its sole discretion. All such credits will be conditioned upon collection and any returned items may, at the Bank's option, be charged to the Borrower.
Payments in Kind. Such Member Entity has issued no gift certificates, trade vouchers or other “payments-in-kind” or credits which remain outstanding which would be binding upon Buyer, NBS, NBSH or the Property.
Payments in Kind. In the event that the Royalty Holder determines that it wishes to receive Base Metal Royalty payments and Precious Metal Royalty payments in the physical product in kind, the Royalty Holder shall provide written notice of such election including details of the Royalty Holder’s account at the final refiner or other processor of the applicable Minerals. Upon timely receipt of such notice, the Owner shall direct any Offtaker that is the final refiner or other processor of the applicable Minerals to pay the Base Metal Royalty and/or the Precious Metal Royalty directly to the account of the Royalty Holder at the Offtaker. All costs incurred by the Owner with respect to arranging for such payment in kind shall be for the account of the Royalty Holder and may be deducted from any subsequent payment of the Base Metal Royalty and/or the Precious Metal Royalty, as the case may be. The Royalty Holder shall be responsible for all costs associated with the transportation of and insurance relating to Base Metal Royalty payments and/or Precious Metal Royalty payments delivered in kind to the Royalty Holder and if such transportation costs are paid for by the Royalty Holder the same shall not be included as one of the Allowable Deductions pursuant to section (ii) of the definition of Allowable Deductions. For greater certainty and without limitation, the Owner shall not be obligated to deliver Base Metal Royalty payments and/or Precious Metal Royalty payments in physical product in kind if the Owner shall suffer an adverse tax consequence thereby. Title to Product delivered to the Royalty Holder set forth in this section 3.8 shall pass to the Royalty Holder at the time the Product is credited to the Royalty Holder at the Offtaker. If the Royalty Holder has provided written notice that it wishes to receive Base Metal Royalty payments and/or Precious Metal Royalty payments in the physical product in kind, the Owner shall notify the Royalty Holder in writing at least three weeks prior to any change of Offtaker.
Payments in Kind. In the event the Partnership is required or elects to make a payment or other distribution to or on behalf of any Partner or to the legal representative, liquidator, or receiver of any deceased, incompetent, insane or bankrupt Partner, the General Partner may (but shall not be obligated to) make such payment or distribution, either wholly or partially, in Securities or other property of the Partnership. The amount of any such payment or distribution shall be deemed to be equal to the value of such securities or other property, as determined under Article VIII, as of the effective date of their distribution to or on behalf of the Partner or the Partner's legal representatives and the decisions of the General Partner with respect to in-kind payments, including decisions with respect to selection, apportionment and valuation of Securities or other property, shall be conclusive and binding upon all Partners.
Payments in Kind. For purposes of this Revolver Loan Agreement, ---------------- any payment of Indebtedness or interest accrued on Indebtedness which is made through the delivery of a promissory note or other instrument evidencing additional Indebtedness, shall not be considered to have been "made" or "paid" hereunder until such time as the obligor with respect to such promissory note or other instrument makes payment on the same in cash or other form of legal tender, and until such time as payment is so made the Indebtedness represented by such promissory note or other instrument shall be considered "due" hereunder.
Payments in Kind. The Plan Administrator may cause any distribution or withdrawal under this Plan to be made either in the form of assets actually held in the Fund, or in cash by converting Fund assets into cash, or in any combination thereof.
Payments in Kind. If requested by MOIFA or MIAC and approved by DCA, IFAA may agree to undertake at its expense improvements to the Premises with the cost of such improvements credited against rental payments as the parties may agree and in alignment with the New Mexico Procurement Code.
Payments in Kind. The Company will take payments in kind for services rendered to its clients only to the extent that such payments exceed the allocated cost of the client project.
