Purchase Price and Fees. (a) Purchaser shall purchase an Eligible Account at a purchase price equal to the face amount of such Eligible Account less the Reserve Percentage (as defined in paragraph 4 below) of such face amount which shall be credited to the applicable Reserve Account. The purchase price for any Eligible Accounts shall be advanced by Purchaser to the applicable Seller on the date of purchase as directed by such Seller. Sellers shall pay to Purchaser a discount (the "Discount") for each Eligible Account purchased hereunder equal to one-half of one percent (0.5%) of the face amount of the Eligible Account in question; provided that the Discount for any Eligible Account bearing terms in excess of the standard net 30-day terms shall be increased by 1.00% for each additional 30 days or fraction thereof. The Discount for an Eligible Account shall be due and payable on the earlier of the ninetieth (90th) day after the related invoice date and the date on which Purchaser collects such Eligible Account. Sellers hereby authorize Purchaser to deduct any Discount payable hereunder from the purchase price of Eligible Accounts or any Inventory Advance hereunder or to charge such Discount against the Reserve Accounts or collections on the related Eligible Account, as Purchaser elects at its sole discretion.
(b) Sellers shall pay to Purchaser interest on the daily balance of all sums (the "Advances") remitted, paid, or otherwise advanced by Purchaser to Sellers or for Sellers' benefit (including but not limited to the purchase price of Eligible Accounts purchased by Purchaser hereunder and the outstanding principal balance of any Inventory Advances), net of all payments received from Sellers' Account Debtors or otherwise received by Purchaser on the Sellers' behalf which are credited to the Sellers' account. Interest shall be charged on the Advances at a rate (the "Interest Rate"), equal to the greater of (i) nine and one-half percent (9.5%) per annum and (ii) the Prime Rate in effect from time to time plus two percent (2%) per annum but in no event to exceed the maximum rate permitted by applicable law. If the Prime Rate changes after the date hereof, the Interest Rate shall be automatically increased or decreased, as the case may be, if required hereunder, without notice to Sellers from time to time as of the effective time of each change in the Prime Rate. Interest shall be due and payable on the last day of each calendar month and may, in Purchaser's sole discretion, be charged...
Purchase Price and Fees. (a) The amount payable by Eco to HLBE for ethanol that is purchased by Eco pursuant to this Agreement shall be [***].
(b) The amount Payable by HLBE to Eco for services to be provided by Eco under this Agreement (the “Marketing Fee”) shall be [***].
(c) [***].
Purchase Price and Fees. (a) The amount payable by Eco to Agri-Energy for ethanol that is purchased by Eco pursuant to this Agreement shall be the Purchase Price set forth in the applicable Accepted Purchase Order.
(b) The amount payable by Agri-Energy to Eco for services related to ethanol to be sold to Eco under this Agreement shall be equal to [**] to Agri Energy in the applicable Purchase Order.
(c) The amount payable by Eco to Agri-Energy for isobutanol that is purchased by Eco pursuant to this Agreement shall be the Purchase Price set forth in the applicable Accepted Purchase Order (the “Isobutanol Fee”).
(d) The amount payable by Agri-Energy to Eco for services related to isobutanol to be provided by Eco under this Agreement shall be equal to [**] of isobutanol.
Purchase Price and Fees. (a) The purchase price for the Notes shall be 97.75% of the principal amount thereof. The Purchasers and the Borrower intend and agree that the Notes shall be treated as indebtedness for U.S. federal income tax purposes. The Notes shall be issued with “original issue discount” (“OID”). The “issue price” for the Note held by each Purchaser shall equal 97.75% of the principal amount of the Notes. Each party hereto agrees to use the foregoing issue price for all applicable tax purposes with respect to this transaction, and to file all required tax returns consistently with the foregoing, as applicable. The inclusion of this Section 2.4(a) is not an admission by any Purchaser that it is subject to United States taxation. The Purchasers may obtain the issue price, the amount of OID, issue date and yield to maturity with respect to their Notes by submitting a written request to the Borrower.
(b) As additional consideration for the Commitments, in the event that during the twelve-month period commencing on the date of this Agreement the Borrower or any of its Subsidiaries or Affiliates consummates the Acquisition, in accordance with the terms of the Acquisition Agreement or otherwise, without selling the Notes to the Purchasers pursuant to this Agreement (other than as a result of a failure or refusal by the Purchasers to purchase the Notes), the Borrower agrees to pay the Purchasers a fee in an amount equal to [***], which fee will be fully earned and will be due and payable in full in cash on the closing date of the Acquisition.
Purchase Price and Fees. The amount payable by Eco to LWE for ethanol that is purchased by Eco pursuant to this Agreement shall be determined as follows (the “Net Payment”): The Net Payment for ethanol shall be the Purchase Price set forth in the applicable Accepted Purchase Order less the fee payable by LWE to Eco for the services to be provided by Eco under this Agreement (the “Marketing Fee”), which shall be equal to [*] / gallon.
Purchase Price and Fees. The purchase price that FGI shall pay to Seller for each Purchased Account shall equal the Net Invoice Amount thereof less FGI's fees, as specified below. No discount, credit, allowance or deduction with respect to any Purchased Account, unless shown on the face of an invoice, shall be granted or approved by Seller to any Account Debtor without FGI's prior written consent.
Purchase Price and Fees. Subject to the terms and conditions set forth in this Agreement, the Seller agrees to sell and the Manager agrees to procure purchasers for and failing that to purchase the Securities at the greater of (i) a price of US$10.40 per Security (the “Backstop Price”) or (ii) the Resale Price as defined below. The Manager will use its best efforts to procure purchasers of the Securities until June 4, 2005 or a time as otherwise agreed between the Seller and the Manager (the “Pricing Date”) at a price exceeding the Backstop Price (the “Resale Price”). The Resale Price will be agreed between the Manager and the Seller. The Seller shall pay the Manager a fee equal to (a) 1.80% plus (b) 20% of the excess, if any, of the Resale Price over the Backstop Price, multiplied in both cases by the number of Securities.
Purchase Price and Fees. The amount payable by Eco to LWE for ethanol that is purchased by Eco pursuant to this Agreement shall be determined as follows (the “Net Payment”): The Net Payment for ethanol shall be the Purchase Price set forth in the applicable Accepted Purchase Order less the fee payable by LWE for the services to be provided by Eco under this Agreement (the “Marketing Fee”), which shall be [*].
2) The first sentence of Section 20(a) of the Agreement is hereby amended as follows in order to extend the term: * Portion omitted pursuant to Item 601(b)(10)(iv) of Regulation S-K (17 CFR § 229.601(b)(10)(iv)) because it is both not material and would likely cause competitive harm to the company if publicly disclosed.
Purchase Price and Fees. (a) The Customer shall pay to IMS the Purchase Price in respect of the supply, under the Agreement, of:
(i) the Equipment; and
(ii) the Software, in accordance with clause 16.
(b) The Customer shall pay the Upfront Licence Fee or the Annual Licence Fee (as applicable) in accordance with clause 16. Neither the Upfront Licence Fee nor the Annual Licence Fee is refundable for any reason.
(c) The Customer shall pay to IMS the Installation, commissioning and Training Fee in accordance with clause 16.
(d) The Customer shall pay to IMS the Maintenance Fee, in respect of the supply of the Maintenance Services, in accordance with clause 16.
(e) IMS shall calculate the Maintenance Fee by reference to the Maintenance Rates and the Supported Products.
(f) The Customer shall pay to IMS the Advisory Services Fee in respect of the supply of the Advisory Services in accordance with clause 16.
(g) IMS shall calculate the Advisory Services Fee by reference to the Advisory Rates and the Advisory Services.
Purchase Price and Fees. Each Mortgage Loan acceptable for purchase by PNL will be purchased at the lock-in price, as identified on the individual lock-in confirmation form in effect at the time the loan was locked, subject to any adjustments described herein. Each Mortgage Loan purchase will have net adjustments for all fees due escrow impounds, special assessments, interest, and PNL loan fees. Correspondent hereby authorizes PNL to deduct any monies due under the terms of this Agreement from the purchase price of a Mortgage Loan, and such right is not restricted to any one Mortgage Loan’s purchase proceeds. Pricing questions will be allowed for a maximum 30 days after purchase of a Mortgage Loan. After that period, PNL will conclude the pricing as finalized, and any questions arising regarding pricing will not be fielded by PNL.
