Payments of Amounts Due. All costs, fees, expenses (including, without limitation, invoiced legal fees and expenses, title premiums, survey charges and recording taxes and fees) and other compensation contemplated hereby payable to the Joint Lead Arrangers, Administrative Agent or the Lenders shall have been paid to the extent due.
Payments of Amounts Due. Following the Restated Agreement Date, the parties shall discuss and agree upon reasonable procedures for collecting, depositing and disbursing Product sales proceeds, which procedures shall be consistent with the overall structure of this Agreement and shall be subject to modification from time to time by mutual written agreement of Otsuka and BMS. In determining such procedures, the parties’ goal shall be to disburse Net Sales proceeds in accordance with Section 5.9.1 so that such proceeds are disbursed to the parties in such a way that neither party earns interest on the other party’s share. BMS/BMSLC shall also pay Otsuka royalties due on Net Sales in the United States under Section 5.9.2(b) at the same time(s) BMS, as contract service provider to Otsuka, disburses United States Net Sales proceeds to Otsuka. The fees and Net Sales proceeds remittances due pursuant to Section 5.9.1, royalty payments due pursuant to Section 5.9.2, Compound Purchase Price payments due pursuant to Section 5.11.2 and the Otsuka-BMS Compound Supply Agreement, the Global Floor Price-Based Adjustment pursuant to Section 5.11.3, Product Purchase Price payments due pursuant to Section 5.11.2 and the BMS-OAPI Product Supply Agreement, and, for each BMS Affiliate acting as a Distributor pursuant to Section 5.3.12, payments by such Distributor for Product purchased by it from Otsuka or its Affiliates, shall all be paid and disbursed in accordance with the procedures agreed upon by the parties and consistent with the overall structure of this Agreement. Such payments shall be reconciled and settled on a calendar quarter-by-calendar quarter basis (provided that, in Otsuka’s discretion, the reconciliation of the Compound Purchase Price and the Global Floor Price-Based Adjustment may be done annually rather than quarterly). The first “quarter” shall commence on the earlier of (i) the First Commercial Sale of Product anywhere in the Territory, (ii) the first placement of an order for Compound under the Otsuka-BMS Supply Agreement, or (iii) the first placement of an order for Product by a BMS Affiliate or Distributor, and shall end on the last day of the calendar quarter in which such event occurs. BMS shall pay all royalties due on Net Sales in the Rest Territory on a quarterly basis as provided in Section 5.9.4. BMS (on behalf of itself and its Affiliates acting as Distributors) shall, within fifty (50) days of the receipt of each invoice for Product sold to Distributors in the Europea...
Payments of Amounts Due. Any additional amount due as a result of such inspection, audit or agreed- upon procedures shall be paid within thirty (30) days with interest calculated at the prime rate plus two (2) percent per annum as established by the Bank of America, Chicago main branch following written notice to the Grantee by the Franchising Authority which notice shall include a copy of the audit report or agreed-upon procedures report.
Payments of Amounts Due. (a) Each calendar month (and upon the Signing Date with respect to calendar months beginning with the Effective Date and ending prior to the Signing Date), Purchaser and Parent shall, jointly and severally, pay to Shareholder an amount equal to the sum of the Settlement Amount and Additional Amount for the preceding month, which payment must be received by Shareholder on or before the 15th day of such month. Payments not received by the 25th day of such month shall accrue interest in accordance with Section 2.05. Purchaser and/or Parent may make such payments by mailing a check to Shareholder; provided, however, that if on more than 2 occasions a check mailed to Shareholder by Purchaser and/or Parent is not postmarked by the 15th day of the applicable month or Shareholder receives any such payment after the 25th day of the applicable month, then Purchaser and/or Parent shall make all future payments to Shareholder by either sending a check by nationally recognized overnight courier, next-day delivery (in which case it shall be deemed to be received by Shareholder in accordance with Section 7.01 of this Agreement), or by wire transfer of immediately available funds to the Shareholder Account. Shareholder shall notify Purchaser of each check not postmarked by the 15th day of the applicable month and each payment that is not received by the 25th day of the applicable month.
(b) Shareholder shall accept such amounts on behalf of himself, and as agent for Rxxxxx X. Xxxxxx, Xx., Imagine One Resources, LLC and the Lxxxxx Parties. Shareholder shall allocate and disburse all such amounts in the manner specified in Section 2.03, and shall provide Purchaser with a report specifying the allocations.
Payments of Amounts Due. All costs, fees, expenses (including, without limitation, legal fees and expenses and the fee payable under subsection 2.3C (other than the Deferred Restructuring Fee) and other compensation contemplated hereby payable to Arranger, Administrative Agent or the Lenders shall have been paid to the extent due as of the Restatement Effective Date.
Payments of Amounts Due. All amounts payable pursuant to Clause 11.1.6 (Third parties) above and/or this Clause 11.1.7 shall be payable by the Issuer on the date specified in a demand by the Trustee and in the case of payments actually made by the Trustee prior to such demand shall carry interest at the rate of three per cent. per annum above the base rate (on the date on which payment was made by the Trustee) of National Westminster Bank Plc from the date specified in such demand, and in all other cases shall (if not paid within 30 days after the date of such demand or, if such demand specifies that payment is to be made on an earlier date, on such earlier date) carry interest at such rate from such 30th day of such other date specified in such demand. All remuneration payable to the Trustee shall carry interest at such rate from the due date therefor.
Payments of Amounts Due. All amounts claimed by Buyer or Soft Mountain in a claim for indemnification pursuant to Section 6.4 shall be paid by Indemnifiers within thirty (30) days from the receipt of such claim. Payments shall be made directly to Buyer or to Soft Mountain, at the sole discretion of Buyer.
Payments of Amounts Due. The Trustee shall pay to or to the order of the Principal Paying Agent, to such account of the Principal Paying Agent as the Principal Paying Agent shall specify in U.S. Dollars in same day funds, no later than 12.00pm (New York time) on each Payment Date, an amount sufficient to pay the interest on the Invested Amount of the Class A Notes as set out in the Class A Note Conditions and any principal amount due to be paid on such Payment Date in respect of the Class A Notes under the Class A Note Conditions and this agreement. The Trustee shall, no later than 12.00pm (New York time) on the second Business Day prior to each Payment Date, confirm by facsimile to the Principal Paying Agent that it has given the bank through which the Trustee is to make such payment irrevocable instructions for such payment to the Principal Paying Agent and such bank shall confirm to the Principal Paying Agent by such means approved by the Principal Paying Agent that such payment will be made.
Payments of Amounts Due. As of the Final Capital Contribution Date, all amounts necessary to achieve Final Completion of the Project have been paid in full, other than those amounts required to be paid for punch list or similar items, which such amounts have been included in the Base Case Model and the calculation of the Completion Reserve Amount.
Payments of Amounts Due on Maturity (a) Subject to Section 2.12(b), the following provisions shall apply to all Notes, except as otherwise specified in a Supplemental Indenture relating to a particular series of Notes (and, in the case of the Series A Second Lien Notes, Article 3, and the Series B Second Lien Notes, Article 4):
(i) in the case of fully registered Notes, the Issuer shall establish and maintain with the Paying Agent a Maturity Account for each series of Notes. On or before 11:00 a.m. (Toronto time) on the Business Day prior to the Stated Maturity date for each series of Notes outstanding from time to time under this Indenture, the Issuer shall deposit in the applicable Maturity Account by wire transfer or certified cheque an amount sufficient to pay all amounts payable in respect of the outstanding Notes of such series (less any Taxes required by law to be deducted or withheld therefrom). The Paying Agent will pay to each Holder of such Notes entitled to receive payment, the principal amount of, and premium (if any) on, such Notes, upon surrender of such Notes to the Paying Agent or at any branch of the Trustee designated for such purpose from time to time by the Issuer and the Trustee. The deposit or making available of such amounts into the applicable Maturity Account will satisfy and discharge the liability of the Issuer for such Notes to which the deposit or making available of funds relates to the extent of the amount deposited or made available (plus the amount of any Taxes deducted or withheld as aforesaid) and such Notes will thereafter not be considered as outstanding under this Indenture to such extent and such Holder will have no other right than to receive out of the money so deposited or made available the amount to which it is entitled. Failure to make a deposit or make funds available as required to be made pursuant to this Section 2.12(a)(i) will constitute Default in payment on the Notes in respect of which the deposit or making available of funds was required to have been made; and (ii) in the case of any series of Notes issued and outstanding in the form of or represented by Global Notes, on or before 11:00 a.m. (Toronto time) on the Business Day prior to the Stated Maturity date for such Notes, the Issuer shall deliver to the Trustee, for onward payment to the Depository, in each case by electronic funds transfer, an amount sufficient to pay the amount payable in respect of such Global Notes (less any Taxes required by law to be deducted or with...
