Procedure for Payments under Section 7.1(c). Further to Section 7.1(c), the Parties have agreed the following procedure for the calculation and payment of the amounts payable by Recro to Alkermes for all Services performed with respect to the Requirements:
(a) Prior to the manufacture of Launch Stock in accordance with Section 4.1(b) and at the beginning of each Calendar Year during the term of the Agreement subsequent to the Calendar Year in which the Launch Stock is manufactured, Alkermes shall estimate its Fully Burdened Costs for all Services to be performed with respect to the Requirements for the forthcoming Calendar Year (or remainder thereof), using the latest forecasted Requirements received from Recro in accordance with Section 4.2. Such estimated Fully Burdened Costs, plus [***] shall constitute the “Estimated Supply Price”. The Estimated Supply Price will be the initial price charged for shipments during the relevant Calendar Year.
(b) Alkermes shall issue invoices to Recro in accordance with Section 7.1(f) in respect of the Services performed with respect to the Requirements.
(c) Within [***] business days following the end of every Calendar Quarter, either Party may request a recalculation of the then applicable Estimated Supply Price, whenever there is a deviation of more than [***]% of the total number of Batches forecast to be delivered for the Calendar Year.
(d) Within [***] days of the end of the Calendar Year, Alkermes shall calculate the actual Fully Burdened Cost for all Services performed with respect to the Requirements, plus [***] (the “Actual Supply Price”).
(e) Alkermes will perform reconciliation for all units shipped during the previous Calendar Year, comparing the Estimated Supply Price invoiced with the Actual Supply Price. Alkermes will inform Recro in writing of:
(i) Any amounts (underpayments) owed by Recro in the event that the Actual Supply Price was higher than the Estimated Supply Price. Such underpayments will be invoiced by Alkermes and be payable by Recro within [***] days of receipt of invoice.
(ii) Any credits (overpayments) owed to Recro in the event that the Actual Supply Price was lower than the Estimated Supply Price. Such overpayments will be accounted for as a credit to Recro’s account and will be credited against future Firm POs until fully offset against such Firm POs.”
Procedure for Payments. (a) All payments (including prepayments) made by the Debtor hereunder and under the Note, whether on account of principal, interest, fees, or otherwise, shall be made without set off or counterclaim and shall be made prior to 12:00 noon, New York time, on the due date thereof in immediately available funds to Secured Party at, if by mail at its New York office located at 1350 Avenue of the Xxxxxxxx, 00xx xxxxx, Xxx Xxxx, Xxx Xxxx 00000 for receipt on the day such payment is due, if by wire transfer to HSBC Bank USA; Account No. 012019062; ABA No. 000000000; for the account of Capstone Capital Group I, LLC; Reference: Tulare Frozen Foods, LLC, or to such other location or accounts as the Secured Party may specify in writing to the Debtor from time to time (in each case, the “Payment Office”).
(b) If any payment hereunder becomes due and payable on a day other than a Business Day, such payment date shall be extended to the next succeeding Business Day, and interest thereon shall be payable at the then applicable rate during such extension.
(c) If on any date a payment is due hereunder, the Debtor shall pay less than the amount stated to be due to Secured Party, the amount paid shall be applied first to costs of collection incurred by Secured Party, second to accrued and unpaid interest owed to Secured Party, third to principal owed to Secured Party and then to the payment of any other amounts due hereunder or the other Financing Documents to Secured Party.
(d) Secured Party shall fund each Advance made by it by depositing the amount thereof in the account (an “Account”) of Debtor (account no. 012015717) at HSBC Bank USA; provided that the proceeds of each Advance shall first be applied to principal prepayments or payments due on the date of such Advance (without derogating from the Debtors’ obligation to repay). Secured Party is hereby authorized to debit the Account of Debtor for all payments due hereunder; provided the foregoing shall not derogate from the Debtor’s obligation to pay or restrict any Secured Party’s recourse to any particular fund or source of monies.
Procedure for Payments. 3.3.1 The City shall pay the Consultant according to the terms of its contract with the City. The City shall invoice the other LDWG Members their per capita shares of those payments and the City's internal costs described in Section 3.2. The invoices shall distinguish the City's internal costs for contract, project management, and property acquisition staff from the payments to the Consultant and shall indicate the name and job title of each City staff member whose costs are included. Invoices will include sufficient backup and detail concerning the work performed to comply with each Member's cost recovery requirements. Each Member shall transmit to the City's Designated Representative, as set forth in Section 24 of the MOA, its part of the Shared Remedial Design Work Costs, within thirty (30) days of receiving an invoice with appropriate backup from the City.
3.3.2 The County, Port, and Boeing shall continue in their roles as contracting agents for LDWG's consultants other than the Consultant to be retained by the City pursuant to this Seventh Amendment, and other than with regard to any continuing work that is now incorporated into the attached SOW. The procedures established in the original MOA sections 2.3, 3.4 and 4.4 are hereby modified as follows: The
3.3.3 The Port shall continue being responsible for distributing invoices for each Member's share of EPA's and Ecology's oversight costs applicable to the Administrative Order on Consent/Agreed Order entered into by LDWG, EPA, and Ecology in 2000 for the LDW Site. The Port shall pay valid EPA and Ecology oversight cost invoices upon receipt of appropriate invoice backup. Following payment of such invoices, the Port shall distribute invoices to the other Members for each of those Members' respective shares of the oversight cost payment to the agencies. Each Member shall transmit to the Port's Designated Representative, as set forth in Section 24 of the MOA, its part of each EPA and Ecology invoice, payable to the Port, within thirty (30) days of receipt by the Member. If backup is not provided by the agency or there is a dispute of any part of the oversight charges, the disputed amounts shall be held in escrow, in accordance with EPA and Ecology dispute resolution procedure requirements. The Port shall transmit the payments of undisputed amounts to EPA or Ecology. Individual Members will pay any interest charges that are due to EPA or Ecology because of that Member's payment being late.
Procedure for Payments. The Port shall execute a contract with the LDWG's Consultant. The Port shall be the LDWG's liaison between each such Member and the Consultant for the payment of Consultant invoices. The Consultant shall send its invoices to the Port, and the Port shall be responsible for distributing invoices to each such Member. Each Phase and FS Work Plan Participating Member shall transmit to the Port's Designated Representative, as set out in Section 24, its allocation of the Shared Phase and FS Work Plan Costs of the undisputed amounts of each invoice, payable to the Consultant, within thirty (30) days of receipt by such Member. The Port shall be responsible for forwarding the payments to the Consultant. Individual Phase and FS Work Plan Participating Members will pay any interest charges due to its late payment to the Port resulting in late payment to the Consultant.
Procedure for Payments. Licensee shall pay the applicable payments due under Section 7.3 by wire transfer of immediately available funds into an account designated by Lilly within five (5) days after the occurrence of the relevant event or date. For clarity, in no event shall a failure to deliver a Milestone Notification Notice pursuant to Section 7.3 relieve Licensee of its obligation to pay Lilly the milestone payments described in this Section 7.3.2.
Procedure for Payments. All payments hereunder shall be made to the Agent in immediately available funds, without setoff, deduction, counterclaim or withholding of any kind, at the Agent's office specified in Section 10.1 hereto not later than 1:00 P.M. (New York City time) on the date when due. Payments received after such time shall be deemed to have been received on the next succeeding Business Day. The Agent may (but shall not be obligated to) debit the amount of any such payment which is not made by such time to any ordinary deposit account of the Borrower or any other Credit Party maintained with the Agent (with notice to the Borrower or such other Credit Party). The Agent will promptly distribute in same day funds to each Lender such Lender's share, if any, of payments received by the Agent for the account of such Lender. Whenever any payment hereunder shall be stated to be due on a day which is not a Business Day, the due date thereof shall be extended to the next succeeding Business Day (subject to accrual of interest and fees for the period of such extension). Interest shall accrue from and including the date of borrowing, to, but not including, the date of payment.
Procedure for Payments. Each Participant shall pay or shall transfer by wire or automated clearing house (ACH) to the designated escrow account that Participant’s “pro rata” share of the Shared Costs as follows:
(a) Not more than thirty (30) days after execution of this Sixth Addendum, each Participant shall pay or transfer to the escrow account established by the Participants, that Participant’s “pro rata” share of $369,771 (including 15% Contingency) which is shown below on Chart I of this Sixth Addendum, and from time to time, its pro rata share of any escrow fees that may be charged periodically to maintain the escrow account. The amounts (not including escrow fees) that each Participant shall be obligated to transfer to the designated escrow account pursuant to this Amended Agreement shall be as follows: Participant Amount of Each Participant’s Payment Obligation to the Designated Escrow Account Olympic Pipeline $41,414 Port of Seattle $78,505 United Airlines, Inc. $249,852
Procedure for Payments. Licensee shall pay the applicable payments due under this Section 7.2 by wire transfer of immediately available funds into an account designated by Lilly within five (5) days after the occurrence of the relevant event, which “event,” in the case of payments due pursuant to (1) paragraphs 7.2.1(a), 7.2.1(b), 7.2.1(e), and 7.2.1(f) means no later than the date indicated, (2) paragraphs 7.2.1(c) and 7.2.1(d) means the date on which applicable cash consideration is received by Licensee or the conversion of the applicable *** Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions. non-cash consideration to cash occurs, and (3) paragraph 7.2.2 means the date on which such Change of Control is consummated. Each of the foregoing payments is non-refundable and non-creditable against any other payments due hereunder, except as expressly stated in this Section 7.2.
Procedure for Payments. (a) Travel expenses shall only be reimbursed on presentation of original supporting documents attached in Annex II: original tickets and invoices or, in the case of online bookings, the printout of the electronic reservation and boarding cards for the outward journey, including original receipts for transport to/from the airport/train station. The documents supplied must show the expert’s name, the journey, the travel class, the travel times, the amount paid and the currency.
(b) Subsistence expenses shall only be reimbursed on presentation of supporting documents: copy of hotel invoice or any proof of payment linked to the accommodation.
(c) Travel and subsistence expenses detailed in Article II.5.1,II.5.2 and II.5.3 of this Contract shall be reimbursed in Euro, where appropriate at the rate of exchange applying on the month of the meeting/work in accordance with the official exchange rate published on .
(d) All reimbursements of travel and expenses shall be made to the bank account mentioned in article I.5.
(e) Fusion for Energy may, by reasoned decision, and upon presentation of,
i. original supporting documents, and,
ii. a written explanation of special conditions pre-authorised by Fusion for Energy on an exceptional basis, provide reimbursement for previously unforeseen expenses which the Expert(s) have had to incur as a result of the performance of this Contract.
Procedure for Payments. (a) All payments (including prepayments) made by Debtor hereunder and under the Note, whether on account of principal, interest, fees, charges, expenses or other amounts, shall be made by wire to account of Secured Party as may be specified in writing to Debtor from time to time.
(b) If any payment hereunder becomes due and payable on a day other than a Business Day, such payment date shall be extended to the next succeeding Business Day, and interest thereon shall be payable at the then applicable rate during such extension.
(c) Secured Party shall fund each Advance made by it by wiring or otherwise transferring the amount thereof directly to the Supplier of the Financed Goods which are the subject of the Financed Transaction in accordance with the remittance instructions set forth on the applicable Financing Request. Secured Party shall provide prompt notice of the funding of each Advance to the applicable Supplier.
(d) All payments made under this Section 2.7 shall be without deduction or set off.