Revised Payment Schedule Sample Clauses
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Revised Payment Schedule. Section 2 of the Settlement Agreement is deleted in its entirety and replaced with the following: “Note Payments. Notwithstanding the terms of the Notes, Borrower covenants and agrees to make the following payments to Lender (the “Restructure”): (a) a cash payment in the amount of $35,000.00 together with shares of Common Stock (as defined in the November Note) based on a Conversion Amount (as defined in the November Note) of $50,000.00 (the “First Note Payment Conversion Amount”), delivered subject to the terms and conditions set forth below, with such cash payment received by Lender on or before April 15, 2016 and the shares of Common Stock received by Lender within three (3) Trading Days thereof; (b) a cash payment in the amount of $35,000.00 together with shares of Common Stock based on a Conversion Amount of $50,000.00 (the “Second Note Payment Conversion Amount”, and together with the First Note Payment Conversion Amount, the “Note Payment Conversion Amounts”), delivered subject to the terms and conditions set forth below, with such cash payment received by Lender on or before May 15, 2016 and the shares of Common Stock received by Lender within three (3) Trading Days thereof; and (c) a payment equal to the remaining aggregate Outstanding Balance of the Notes on or before June 15, 2016, which payment must be made in cash (collectively, the “Note Payments”). Unless specified otherwise by Lender in a written notice delivered to Borrower (which notice Lender may provide in its sole and absolute discretion), all Note Payments shall be applied first against the Outstanding Balance of the November Note until the November Note has been paid in full and thereafter against the Outstanding Balance of the June Note until the June Note has been paid in full. Borrower’s delivery of shares of Common Stock (“Payment Shares”) in connection with the Note Payment Conversion Amounts shall be subject to the following conditions: (i) Lender shall provide to Borrower a Conversion Notice for each Note Payment Conversion Amount that will set forth its calculation of the number of Payment Shares deliverable to Lender with respect to such Note Payment Conversion Amount; (ii) the number of Payment Shares deliverable with respect to each Note Payment Conversion Amount shall be equal to the applicable Note Payment Conversion Amount divided by the then-current Installment Conversion Price (as calculated pursuant to Section 8.1 of the November Note); (iii) all Payment Shares must ...
Revised Payment Schedule. Section 3 of the Settlement Agreement is deleted in its entirety and replaced with the following:
Revised Payment Schedule. Section 3.4 of the Credit Agreement hereby is modified, amended, and restated as follows:
Revised Payment Schedule. Notwithstanding any other payment arrangements set forth in the Note Agreements, Statmon agrees to make the following payments until the Outstanding Balance is paid down to a zero balance:
(a) To consummate this agreement Statmon will make an initial payment to Holder of $25,000 on December 2, 2002;
(b) For each month subsequent thereto, commencing January, 2003, and payable over the course of the month and no later than the last calendar day of each such month, Statmon will pay Holder a minimum of $20,000 per month (the "Minimum Payment"), beginning with payments made to the Holder on a weekly basis of twenty percent (20%) of each Statmon invoice remitted of cleared funds and received by Statmon, up to the amount of the Minimum Payment. The balance of invoice receipts shall be applied to pay off any deficit in the Minimum Payment and for any other expenditure as per the approved operating budget and payment schedule.
(c) If the Outstanding Balance, which the parties agree continues to accrue interest per the terms contained in the Note Agreements and any amendments thereto, has not been paid down to a zero balance by May 3l, 2003, or if Statmon defaults on the payment obligations set forth in paragraphs 3(a) and 3(b) in any two consecutive months between January, 2003 and May 31, 2003, then for each subsequent calendar month thereafter, the Minimum Payment shall be fifty percent (50%) of each invoice payment received by Statmon, and such amount shall be remitted to Holder on a weekly basis.
(d) Statmon may at any time pay off the entire Outstanding Balance of the Note, again which the parties agree continues to accrue interest per the terms contained in the Note Agreements and any amendments thereto, without any prepayment penalties.
(e) Statmon agrees to make its best efforts to formalize a non-exclusive Sales and Marketing arrangement with SDS LLC, to Holders' reasonable satisfaction prior to January 31, 2003 (the "SDS Agreement").
(f) In the event Statmon defaults as per 3(c) above and Statmon does not have a qualified software distributor in place for the broadcast industry, Statmon, in consultation with the Holder, shall use its best endeavors to renegotiate the non-exclusive SDS Agreement within 14 days.
Revised Payment Schedule. Sections 4(b) and 4(c) of the Settlement Agreement are hereby deleted in their entirety, and the following is inserted in lieu thereof:
Revised Payment Schedule. In Section B1, delete the payment schedule referenced and attached and replace with the following: MONTH PAYMENTS ----- ---------- 30-May-03 [*] 30-Jun-03 [*] 30-Jul-03 [*] 30-Aug-03 [*] 30-Sep-03 [*] 30-Oct-03 [*] 30-Nov-03 [*] 30-Dec-03 [*] 30-Jan-04 [*] 25-Feb-04 [*] 25-Mar-04 [*] 25 May-04 [*] Total: [*] This amendment shall become effective as of February 24th, 2004
Revised Payment Schedule. (a) Following the True-Up Date and in total and final consideration for ▇▇▇▇▇▇▇▇.▇▇▇ Maps provided by Microsoft on a dedicated server cluster as set forth in this Agreement, Expedia or its designated Affiliate shall pay Microsoft transaction fees on all Route Transactions (as defined below), Location Lookup Transactions (as defined below) and Map Transactions (as defined below), (collectively, "Transaction Fees") completed from such dedicated server cluster during the term of this Agreement, in accordance with the following payment schedule:
(i) Route Transaction Fees. Expedia shall pay Microsoft US$0.0125, per Route Transaction ("Route Transaction Fees").
(ii) Location Lookup Transaction Fees. Expedia shall pay Microsoft US$0.0025, per Location Lookup Transaction ("Location Lookup Transaction Fees"). Microsoft Confidential
(iii) Map Transactions Fees. Expedia shall pay Microsoft US$0.0025 per Map Transaction ("Map Transaction Fees"). ----
(b) Microsoft shall ▇▇▇▇ Expedia or its designated Affiliate, as appropriate, fifteen (15) days after the end of each fiscal quarter with respect to any Transaction Fees that may be owed by Expedia or its designated Affiliate as described in Section 4(a). Microsoft shall provide Expedia or its designated Affiliate, as appropriate, with a statement which shall contain information sufficient to discern how the payment was computed. Payments shall be due within thirty (30) days after the end of each quarter for which an invoice is provided. For the purposes hereof, a "fiscal year" shall end on June 30, and a "fiscal quarter" shall mean one of the four (4) three-month periods in a fiscal year, as customarily determined by Expedia.
(c) For the purposes of this Agreement, the following definitions apply: