Resale Payment Sample Clauses

Resale Payment. Subject to clause 2.5: (a) if the Buyer enters into a binding sale and purchase contract to resell the Processed Materials to a Successful Purchaser: (i) the Buyer must promptly notify the Seller of the resale price to be received by the Buyer from the Successful Purchaser; (ii) the Buyer must pay the Seller the Initial Payment; (iii) the Buyer must pay the Seller an amount equal to: (A) 100% of the resale price received by the Buyer from the Successful Purchaser if the resale price is greater than $0; or (B) $0 if the resale price is less than or equal to $0, (the Resale Payment); and (b) the Buyer will issue an Invoice to the Seller in respect of the net Resale Payment (after the setting-off or deducting the Initial Payment) payable by the Buyer (as applicable): (i) if the resale price is greater than $0, within 6 Business Days of receiving payment from the Successful Purchaser; and (ii) if the resale price is less than or equal to $0, within 6 Business Days of the Buyer enters into a binding sale and purchase contract to resell the Processed Materials to a Successful Purchaser; and. (c) the Buyer must pay any such Invoice within 5 Business Days of it being issued.
Sample 1Sample 2
AutoNDA by SimpleDocs
Resale Payment. (a) If Purchaser shall consummate a Resale Event (as defined below) pursuant to any binding agreement entered into with (x) any Terex Entity directly or indirectly prior to the first anniversary of the date hereof, or (y) any Apollo Entity directly or indirectly prior to the first anniversary of the date hereof and such Apollo Entity shall thereafter consummate a Resale Event with any Terex Entity pursuant to any binding agreement entered into with such Terex Entity directly or indirectly prior to the first anniversary of the date of the execution of the binding agreement for the initial Resale Event between Purchaser and such Apollo Entity, then Purchaser shall pay to the Sellers, as additional consideration allocated in accordance with Section 2.2, upon the consummation of such Resale Event (or as otherwise provided in Section 7.6(b)), an amount equal to 35% of the Resale Equity Value (as defined below). (b) Notwithstanding anything to the contrary contained in Section 7.6(a), to the extent that Purchaser or its Affiliates assume (or retain) any liabilities relating to the Grove Operations in connection with such Resale Event (including for indemnification under the relevant agreements relating to the Resale Event) and, in connection therewith, Purchaser or its Affiliates establishes reserves or enters into escrow arrangements relating to such assumed or retained liabilities, then any portion of the consideration payable in such Resale Event that is made subject to such reserve or escrow arrangement shall not be deemed to be included in the calculation of Resale Equity Value at the time of consummation of the Resale Event. Thereafter, when, as, and if any amounts are released from such reserves or escrow arrangements, and are actually received by Purchaser (or its Affiliates in respect of equity interests in Purchaser), such amounts shall, at such time, be deemed included in the calculation of Resale Equity Value (together with any amounts not previously included in clause (y) of the definition of Resale Equity Value) and the Sellers shall be entitled to an additional payment which, when taken together with all payments previously made pursuant to this Section 7.6, is equal to 35% of the cumulative Resale Equity Value at such time. (c) If any or all of the consideration on a Resale Event is payable by delivery or retention of property (including, but not limited to, promissory notes or other evidences of indebtedness or stock or other securities or asset...
Sample 1
Resale Payment. Acquirors shall pay, or cause an acquiring party to pay, to Civitas a resale payment, as defined below, upon demand following the occurrence of a purchase event that occurs within three years following the Closing of this Agreement. As used herein, a "purchase event" means that Acquirors (or their successors by will or devise), BT, or a bank holding company formed to control BT (the "Sellers") shall have sold directly or indirectly 50% or more voting control of BT. The resale payment shall be equal to 10% of the amount, if any, that the acquisition purchase price paid to Sellers is in excess of $17 million plus any capital contributions made to BT by the Acquirors or new shareholders. The payment to Civitas shall be made in the same form as that being paid to the Sellers or may be paid in cash, at the option of the Sellers.
Sample 1

Related to Resale Payment

  • One-Time Payment Tenant shall pay to Landlord a one-time payment in the amount of Fifty Thousand and No/100 Dollars ($50,000.00), payable within thirty (30) days of the Effective Date and subject to the following conditions precedent: (a) Tenant’s receipt of this Amendment executed by Landlord, on or before October 29, 2017; (b) Tenant’s confirmation that Landlord’s statements as further set forth in this Amendment are true, accurate, and complete, including verification of Landlord’s ownership; (c) Tenant’s receipt of any documents and other items reasonably requested by Tenant in order to effectuate the transaction and payment contemplated herein; and (d) receipt by Tenant of an original Memorandum (as defined herein) executed by Landlord.

  • Up-Front Payment At all times during the Effective Period other than those periods for which payment of all Billed Amounts is By Invoice, Customer shall maintain on file with 8x8 or the billing 8x8 Affiliate (as applicable) complete, accurate, and up-to-date information for at least one valid, working credit card or Customer account (sufficient to permit ACH withdrawals). Payment of all Billed Amounts – other than those for which 8x8 has agreed to payment By Invoice – shall be by charge to such credit card(s) or by ACH withdrawal from such account(s), at or near time of billing, and Customer hereby authorizes 8x8 to make such charges or withdrawals. Where payment is by such charge or withdrawal, (a) 8x8 shall post a statement of the Billed Amounts in the relevant account at or near the time of the first attempted charge or withdrawal and shall thereafter make commercially reasonable efforts to notify Customer by email and/or telephone if the charge or withdrawal is not successful and (b) Billed Amounts shall be due within fourteen (14) days of such posting.

  • PRE-PAYMENT The Tenant shall: (check one)

  • Upfront Payment Upon the execution of this Agreement, the Lessee shall pay to the Lessor the following: (check one) ☐ - First Month’s Rent of: [AMOUNT (IN WORDS)] Dollars ($[AMOUNT (AS A NUMBER)]) ☐ - Last Month’s Rent of: [AMOUNT (IN WORDS)] Dollars ($[AMOUNT (AS A NUMBER)]) ☐ - Security Deposit of: [AMOUNT (IN WORDS)] Dollars ($[AMOUNT (AS A NUMBER)]) POSSESSION. Possession shall commence on [MM/DD/YYYY], unless otherwise agreed upon. The Lessor shall use due diligence to give possession as nearly as possible at the beginning of the Term. The Rent shall be prorated in consideration of any delay in providing possession, but the Term shall not be extended as a result of such delay. The Lessee shall make no other claim against the Lessor for the delay in obtaining possession of the Premises.

  • Contribution Deadline The deadline for making an IRA contribution is your tax return due date (not including extensions). You may designate a contribution as a contribution for the preceding taxable year in a manner acceptable to us. For example, if you are a calendar year taxpayer, and you make your IRA contribution on or before April 15, your contribution is considered to have been made for the previous tax year if you designate it as such. If you are a member of the Armed Forces serving in a combat zone, hazardous duty area, or contingency operation, you may have an extended contribution deadline of 180 days after the last day served in the area. In addition, your contribution deadline for a particular tax year is also extended by the number of days that remained to file that year’s tax return as of the date you entered the combat zone. This additional extension to make your IRA contribution cannot exceed the number of days between January 1 and your tax filing deadline, not including extensions.

  • Advance Payment The right to indemnification conferred in this Article VII shall include the right to be paid or reimbursed by the Company the reasonable expenses incurred by a Person of the type entitled to be indemnified under Section 7.3 who was, is or is threatened to be made a named defendant or respondent in a Proceeding in advance of the final disposition of the Proceeding and without any determination as to the Person’s ultimate entitlement to indemnification; provided, however, that the payment of such expenses incurred by any such Person in advance of the final disposition of a Proceeding shall be made only upon delivery to the Company of a written affirmation by such Person of his or her good faith belief that he has met the standard of conduct necessary for indemnification under Article VII and a written undertaking, by or on behalf of such Person, to repay all amounts so advanced if it shall ultimately be determined that such indemnified Person is not entitled to be indemnified under this Article VII or otherwise.

  • PRICE & PAYMENT (a) The purchase price for the Products will be the price for the Products in effect at the time of the issued quotations or proposals for the Products, unless otherwise agreed upon in writing by the parties. Prices contained in Seller issued quotations or proposals expire 30 days from the date of quotation and are subject to change or termination by notice during this period unless accepted in writing by Xxxxx. (b) Buyer will pay for all taxes, excises or other charges (except taxes on or measured by net income) that Seller may be required to pay to any government (foreign, national, state or local) with respect to the production, sale or transportation of any Products, except where the law expressly provides otherwise. Unless otherwise agreed to in writing by Seller, Xxxxx will pay all freight, storage, handling, packaging, insurance or similar charges. (c) Seller may require Buyer to pay a deposit or provide an irrevocable letter of credit in favor of Seller in an amount determined by Seller and from a bank approved by Seller payable on presentation of commercial invoice, packing list or a bill or lading indicating delivery to carrier. (d) Unless otherwise noted on the face of these terms and conditions, invoices are payable upon receipt in RMB funds, in no event greater than 30 days from date of invoice, subject to credit approval. All amounts due to Seller may be accelerated immediately upon Xxxxx’s failure to pay invoices as required and shipments of Products may be suspended or cancelled. Interest may be charged by Seller at the highest rate allowable by law. Xxxxx agrees to indemnify and hold harmless Seller from any and all legal fees and costs which may be required to collect any overdue balances. (f) Seller may offset or recoup any amounts owed by Seller to Buyer against any amounts owed by Buyer to Seller. Buyer waives all right of offset and will pay all amounts owed to Seller regardless of any claim asserted by Xxxxx. (g) Seller may change payment terms at any time, upon written agreement by Xxxxx.

  • Purchase Price Payment The total Purchase Price for the Property is the amount of the successful bid for the parcel at public auction.

  • Contribution Payment To the extent the indemnification provided for under any provision of this Agreement is determined (in the manner hereinabove provided) not to be permitted under applicable law, the Company, in lieu of indemnifying Indemnitee, shall, to the extent permitted by law, contribute to the amount of any and all Indemnifiable Liabilities incurred or paid by Indemnitee for which such indemnification is not permitted. The amount the Company contributes shall be in such proportion as is appropriate to reflect the relative fault of Indemnitee, on the one hand, and of the Company and any and all other parties (including officers and directors of the Company other than Indemnitee) who may be at fault (collectively, including the Company, the "Third Parties"), on the other hand.

  • Overtime Payment Full-time employees shall be paid at the rate of one and one-half times the employee's straight time hourly rate for all time worked outside of their normal work hours and/or work days up to sixteen (16) hours in a twenty-four (24) hour period. For hours worked in excess of sixteen (16) in a twenty-four (24) hour period, employees shall be paid double time. Employees who receive an unpaid lunch period and are not required to work at their work assignments during such period shall not have such time treated as hours worked for the purpose of computing overtime.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!