Settlement Amounts. Except as otherwise set forth in the Cover Sheet, the Cover Sheet, the Non-Defaulting Party will aggregate all Settlement Amounts into a single amount by netting out (a) all amounts that are due to the Defaulting Party for Product that has been Delivered and not yet paid for, plus, at the option of the Non- Defaulting Party, any cash, security or other Performance Assurance then available to the Non-Defaulting Party, plus any or all other amounts due to the Defaulting Party under this Agreement against (b) all Settlement Amounts that are due to the Non- Defaulting Party, plus any or all other amounts due to the Non-Defaulting Party under this Agreement, so that all such amounts will be netted out to a single liquidated amount (the “Termination Payment”). If the Termination Payment is a positive amount, the Defaulting Party shall pay the Termination Payment to the Non- Defaulting Party. If the Termination Payment is a negative amount, there shall not be a Termination Payment and the Non-Defaulting Party shall not owe any amount to the Defaulting Party. The Termination Payment, if any, is due to the Non-Defaulting Party within twenty (20) Business Days following notice. This Section 5.3 shall not apply to an Event of Default described in Sections 5.1(b) or (i).”
Settlement Amounts. 7.1. The Parties agree:
7.1.1. To accept an amount that is an applicable percentage of the USD IATA Weighted Mileage Factor based on the origin and destination of the document’s coupon.
7.1.2. An average applicable percentage, in whole numbers, of the USD IATA Weighted Mileage Factor, will be calculated for, and applicable to, each geographical region monthly.
7.1.3. That in the case of FIM documents, the Settlement Amount shall be multiplied by the number of passengers listed on the FIM document at the time of issuance.
7.1.4. There are ten worldwide geographical regions as described in Appendix B.
7.1.5. The origin and destination of the coupon will determine which of the ten worldwide geographical regions is applicable to the coupon.
7.1.6. The applicable percentage amounts, of the IATA Weighted Mileage, for each geographical region, shall be distributed by Airlines Clearing House no later than the 15th calendar of each month, and that such rates shall be applicable to transactions billed between the Parties beginning the next following month.
7.1.7. Regardless of invoice month, the applicable percentage shall be that in effect on (1) in the case of tickets, the document issue date of the reissued ticket invoiced under the terms of this Agreement, and (2) in the case of FIM documents, the month in which the FIM document is invoiced, as a prime billing, under the terms of this Agreement.
Settlement Amounts. Palm shall pay any and all amounts required to be paid in an agreement by Palm to settle the Xerox Litigation; provided, however, that Palm shall not be required to pay future royalties that PalmSource agrees to pay under Section 2.1(c) above.
Settlement Amounts. On the later of (a) the Effective Date, and (b) the Closing Date (as such term is defined in the PSA), you shall be entitled to the following amounts and payments (the “Settlement Amounts”):
A. In respect of your claimed interest in the Frozen SERP (as such term is defined in the Letter Agreement) you will be entitled to receive your full benefit under the Frozen SERP, which was approximately $60,763,043 on January 31, 2018 and is subject to change based on investment changes as provided in the Letter Agreement;
B. In respect of your claimed interest in the SMSPCO, you will be entitled to receive your full benefit under the SMSPCO, which was approximately $42,040,673 on January 31, 2018 and subject to change based on investment changes as provided in the SMSPCO.
C. In respect of your claimed interest in the SERP Replacement (as such term is defined in the Letter Agreement), you will be entitled to receive a cash payment equal to $9,875,000.
D. In respect of your claimed entitlement to severance under the Employment Agreement, you will be entitled to a cash payment in the amount of $3,978,000.
E. Continued payment of your medical, dental and vision premiums during the Continuation Period, as provided in your Employment Agreement.
F. Any 280G Gross-Up Payment as provided in Section 8 of your Employment Agreement.
G. Continued use of office space, furnishings and secretarial support services during the Continuation Period, as provided in your Employment Agreement, at a reasonable cost to the Company; provided that such accommodations shall be provided at a location other than the premises of the Company that has a reasonable commute to your primary residence (which location shall be subject to prior notice and consultation with you) and shall be provided at a reasonably comparable quality to such accommodations as were made available to you prior to your termination of employment with the Company.
Settlement Amounts. AWA and Mesa agree to the following settlement of certain outstanding liabilities, duties and obligations contained in the Code Share Agreement and disputes between Mesa and AWA:
8.1 AWA and Mesa agree that, pursuant to Section 19 of the Fourth Amendment, the Reimbursement Payment is $[***];
8.2 AWA and Mesa agree that Mesa shall reimburse AWA for Mesa’s overcharge of “overhead costs” for spare aircraft, pursuant to Section 2.2.6, in an amount equal to $[***];
8.3 AWA and Mesa agree that AWA shall pay to Mesa the sum of $[***]in settlement of outstanding CRJ Model 200 Ownership costs payable through [***], pursuant to Section 7.2(a);
8.4 AWA and Mesa agree that AWA shall pay to Mesa the sum of $[***] for actual outstation maintenance costs incurred by Mesa for the periods of [***] through [***] (the “Outstation Costs”);
8.5 AWA and Mesa agree that Mesa shall pay to AWA the sum of $[***] in settlement of all performance penalties incurred by Mesa, pursuant to Sections 5.1 through 5.4, through [***];
8.6 AWA and Mesa agree that AWA shall pay to Mesa the sum of $[***] in settlement of all transition costs incurred by Mesa in connection with the elimination of CRJ Model 700s, pursuant to Section 2.3.3;
8.7 AWA and Mesa agree that AWA shall pay to Mesa the sum of $[***] in settlement of all turn costs payable by AWA for CRJ Model 900s at the Phoenix Hub, pursuant to Exhibit B, for the period of [***];
8.8 AWA and Mesa agree that AWA shall pay to Mesa the sum of $[***] in settlement of disputed sums due for the provision of Flight Services to Guadalajara, Mexico (the “GDL Services”); and
8.9 AWA and Mesa agree that AWA shall pay to Mesa the sum of $[***] for RIMP work performed by Mesa between March 1, 2004 and December 31, 2004 (the “RIMP Work”) The net amount due pursuant to Sections 7.1 through 7.9, above, from AWA to Mesa is $[***], which sum shall be paid by AWA to Mesa within three (3) business days after the Effective Date.
Settlement Amounts. If Total PTID Volume is (i) equal to or (ii) greater than the Notional Quantity, then Settlement Amount equals: (Floating Price times Notional Quantity) (Fixed Price times Notional Quantity).
Settlement Amounts. The Calculation Agent shall use Hourly PTID Volumes (i) for the purpose of determining the Floating Price (the “Floating Price Purpose”) and (ii) for the purpose of multiplying it by the Floating Price to determine (x) the Settlement Amount or (y) the additional payments described in the “Other Tracking Account Adjustments and Additional Payments” provision hereof (collectively, the “Settlement Amount Purposes”). For any Calculation Period, the Calculation Agent shall determine Hourly PTID Volume in accordance with the following:
Settlement Amounts. We will receive (through your Card Processor (as defined below) in the Transfer Account (as defined in Section 7.8 of this Agreement))
Settlement Amounts. At the Closing, Buyer, based upon mutually agreed upon instructions with Sellers and against receipt by Buyer and Sellers of appropriate Lien releases and/or acknowledgments of payment from the relevant creditor entity, shall, out of the Closing Date Cash Consideration, on behalf of the Acquired Companies, cause to be paid in full the Acquired Company Debt (other than the Dalea Party Debt) to the party or parties entitled thereto pursuant to the Payoff Letters (which shall be delivered to Buyer and Sellers no later than three (3) Business Days prior to the Closing Date) (the “Settlement Amounts”).
Settlement Amounts. Schedule B (page 36) provides for cash settlements, and it is anticipated that in most instances cash payment will be made. However, at any point in time, if the cumulative sum of all earnings, E, for any issue year block, payable to the Reinsurer are negative, then the cash that the Reinsurer may pay the Company cannot exceed R x E, where R = the ratio of Account Values for the Separate Account plus loaned Values to total Account Values. R will be revised at each quarter end. The amount that Reinsurer does not pay the Company on account of this provision will be called the “Capital Account,” and will incur an interest rate of 12% per annum, until the Capital Account is paid off. For purposes of determining E, the interest on the Capital Account will be included.
