Structure of Payments Sample Clauses

Structure of Payments. 1. All payments under this Section V shall be made into the Settlement Fund, except that where specified, they shall be made into the Settlement Fund Escrow. The Settlement Fund shall be allocated and used only as specified in Section VI. 2. Xxxxxxx shall pay into the Settlement Fund the sum of Four Billion, Five Hundred Thirty-Four Million, Six Hundred Fifteen Thousand, Three Hundred Eighty-Five Dollars ($4,534,615,385) minus (1) the offsets and credits specified in subsection V.C below, (2) any unearned incentive payments under subsection V.E below, and (3) any adjustments under Section IX below. 3. The payments to the Settlement Fund shall be divided into base and incentive payments as provided in subsections V.D and V.E below.
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Structure of Payments. 1. All payments under this Section III shall be made into the Walmart Settlement Trust. The payments in the Walmart Settlement Trust shall be allocated and used only as specified in Section IV of this Agreement. 2. On the tenth day after the Effective Date, Walmart shall pay into the Walmart Settlement Trust the sum of $77,939,879, under the terms and conditions of this Agreement, subject to the reductions described in Section IV.E. 3. Walmart’s payment into the Walmart Settlement Trust includes the amount necessary to comply with the Ongoing Common Benefit Order (Dkt. #4428) in In re National Prescription Opiate Litigation, case no. 1:17-md-2804, pending in the United States District Court for the Northern District of Ohio Eastern Division (the “Ongoing Common Benefit Order”). The Special Master shall hold the amount necessary to ensure compliance with the Ongoing Common Benefit Order until further order by the MDL Court. It is expressly understood that Walmart’s Payment into the Walmart Settlement Trust under III.A.2 fulfills its obligations under the Ongoing Common Benefit Order. 4. If 85% of Litigating Tribes, including Cherokee Nation as a Participating Tribe solely for purposes of calculating the percentage of Participating Tribes, do not sign the Tribal Participation Form by November 15, 2023, such that the Effective Date does not occur, then Walmart shall make no payment, this Agreement will have no further effect, and all releases and other commitments or obligations contained herein will be void, provided, however, that Walmart shall have the unilateral right in its sole discretion to extend that deadline to a date of its choosing and/or to proceed with the Agreement even if the 85% participation threshold has not been satisfied.
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Structure of Payments. 1. All payments under this Section III shall be made into the CVS Settlement Trust. The payments in the CVS Settlement Trust shall be allocated and used only as specified in Section IV of this Agreement. 2. Provided that 95% of Litigating Tribes become Participating Tribes by December 31, 2023, such that the Effective Date occurs, CVS shall make ten (10) Annual Payments into the CVS Settlement Trust for a total sum of One Hundred Thirty Million, Three-Hundred Forty-Four Thousand, Eighty- Five Dollars and Twenty-Six Cents ($130,344,085.26) (the “Settlement Amount”), subject to the reductions described in Section IV.E. Annual Payments shall be made on or before the Payment Date for each Payment Year. The Settlement Payment Schedule is set forth in Exhibit G-1 and is defined below. a. CVS shall pay into the CVS Settlement Trust an amount of Seventeen Million, Six-Hundred Fifty-Two Thousand, Two- Hundred Sixty-Four Dollars ($17,652,264.24) to be paid in installments over five (5) years as set forth in Exhibit G-1, subject to the reductions described in Section IV.E. These funds shall be allocated by the Special Master to the Attorney Fee Fund. b. CVS shall pay into the CVS Settlement Trust an amount of One- Hundred-Twelve Million, Six-Hundred Ninety-One Thousand, Eight-Hundred Twenty-One Dollars ($112,691,821.03) (the “Total Remediation Amount”) to be paid in installments over ten (10) years as set forth in Exhibit G-1, subject to the reductions described in Section IV.E. These funds shall be allocated by the Special Master to XXXX VIII. c. For the avoidance of doubt, CVS shall not be called on to make any payments pursuant to this Agreement in addition to the above payments. In no event shall CVS’s payment obligation for a Payment Year exceed the Annual Payment for that Payment Year as specified in Exhibit G-1, and in no event shall the sum of CVS’s Annual Payments exceed the Settlement Amount. 3. CVS and a Participating Tribe may enter into an agreement for CVS to earn credits against that Participating Tribe’s Tribal Allocation Distribution Percentage of Annual Payments for dispensing free-of-charge opioid alternatives, for free-of-charge product provided in connection with other opioid-related resolutions, and/or for other initiatives and services. 4. The Settlement Amount includes the amount necessary to comply with the Ongoing Common Benefit Order (Dkt. #4428) in In re National 5. If 95% of Litigating Tribes, including Cherokee Nation as a Participating ...
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Structure of Payments. Xxxxxxxxxx shall receive 100% of the Increment resulting from each of the Commercial Phases from the time of reassessment by the County Tax Assessor for each Commercial Phase until the termination of this Agreement. The Residential Phases constructed during the First Stage shall receive 50% of the Increment resulting from the completion of each Residential Phase, but the Increment percentage of First Stage Residential Phases shall increase to 75% during the Second Stage and to 100% during the Third Stage. Residential Phases completed during the Second Stage shall receive 75% of the attributed Increment, but the Increment percentage of Second Stage Residential Phases shall increase to 100% during the Third Stage. The Parties agree that N.C. Gen. Stat. § 158-7.1(h) (recapture) cannot be triggered by this Agreement because no payments are made prospectively or otherwise in advance of performance, and because Xxxxxxxxxx only receives Incentive Payments based upon the Increment from each completed Phase.
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Structure of Payments. 1. All payments under this Section IV shall be made into the Allergan Settlement Trust. The payments in the Allergan Settlement Trust shall be allocated and used only as specified in Section V of this Agreement. 2. Allergan shall pay a maximum total of $70,945,809.89, inclusive of all attorneys’ fees and costs (“Total Payment”). 3. Releasors represent that fifty-six percent (56%) of the Total Payment constitutes consideration for the settlement of Claims involving, arising from, or related to generic opioid drugs that are Products distributed and/or sold before August 2, 2016 by Divested Actavis Generic Entities and other Divested Entities and the operation of Divested Actavis Generic Entities and other Divested Entities related to those generic opioid drugs that are Products before August 2, 2016 that the Releasors are asserting or might otherwise assert or could assert that Allergan (or any other Released Entity) is directly or indirectly and/or jointly or severally liable, including but not limited to, based on parent or control liability or a substantially similar theory. Releasors represent that forty-four percent (44%) of the Total Payment constitutes consideration for the settlement of Claims involving, arising from, or related to branded opioid drugs that are Products of or attributable to Allergan or any other Released Entity (including but not limited to branded opioid drugs that are Products distributed and/or sold before August 2, 2016 by Divested Actavis Generic Entities and other Divested Entities and the operation of the Divested Actavis Generic Entities and the other Divested Entities related to those branded opioid drugs that are Products before August 2, 2016) that the Releasors are asserting or might otherwise assert or could assert against Allergan or any other Released Entity, of which seventy-seven percent (77%) is specifically involving, arising from, or related to Xxxxxx® (including but not limited to Xxxxxx manufactured, distributed, marketed, and/or sold from 1997 through 2008 by King Pharmaceuticals, Inc. and/or Alpharma Inc.). 4. The Total Payment is the full and maximum extent of any monies owed by Allergan (and/or the other Released Entities), subject to Section V, and includes all attorneys’ fees, expenses, and cost payments. 5. The Total Payment, subject to the reductions described in Section V, shall be broken down as follows: a. A payment of $64,496,190.81 to the Allergan Settlement Trust, pursuant to wire instructions to ...
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Structure of Payments. The Fee shall be paid in installments (“Payments” or 2.1.1. A payment of Eighty Thousand Five Hundred eight One dollars and .26/100 ($80,581.26) shall be paid within 48 hours of the Auction; Monthly payments of Twenty Six Thousand Eight Hundred Sixty Thousand and .25/100 ($26,860.25) Dollars shall be paid commencing 2.1 The Fee, including any and all Payments, is non-refundable.
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Structure of Payments. 1. All payments under this Section III shall be made into the Teva Settlement Trust. The payments in the Teva Settlement Trust shall be allocated and used only as specified in Section IV of this Agreement. 2. Teva shall make thirteen (13) Annual Payments into the Teva Settlement Trust for a total sum of One Hundred Nineteen Million, One Hundred Eighty- One Thousand, Five Hundred Thirty-Eight Dollars and Fifteen Cents (U.S. $119,181,538.15), under the terms and conditions of this Agreement. Annual Payments shall be made on or before the Payment Date. The Settlement Payment Schedule is set forth in Exhibit H-1 and is defined below: a. Teva shall pay into the Teva Settlement Trust an amount of $10,834,685.29 to be paid in equal installments of $1,805,780.88 over six (6) years as set forth in Exhibit H-1. These funds will be paid to the Teva Settlement Trust and allocated by the Special Master to the Attorney Fee Fund. b. Teva shall pay into the Teva Settlement Trust an amount of $108,346,852.86 to be paid in equal installments of $8,334,373.30 over thirteen (13) years as set forth in Exhibit H-1. These funds will be paid to the Teva Settlement Trust and allocated to the XXXX V and Attorney Fee Fund in accordance with the schedule set forth in Exhibit H-2. 3. For the avoidance of doubt, Teva shall not be called upon to make any payments pursuant to this Agreement in addition to the Settlement Amount referenced in subsection III.A.2.
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Structure of Payments. 1. All payments under this Section III shall be made into the Xxxxxxx Settlement Trust. The payments in the Xxxxxxx Settlement Trust shall be allocated and used only as specified in Section IV of this Agreement. 2. Xxxxxxx shall pay into the Xxxxxxx Settlement Trust the sum of One Hundred Fifty Million Dollars ($150,000,000), under the terms and conditions of this Agreement, subject to the reductions described in Section IV.E. A payment of $75 million was made to the Settlement Fund Escrow on December 31, 2021 pursuant to Docket No. 4215 in MDL No. 2804 and shall be released from the Settlement Fund Escrow to the Xxxxxxx Settlement Trust within 14 days following the Effective Date. Thereafter, a second payment of $75 million will be paid to the Xxxxxxx Settlement Trust by Xxxxxxx no later than the one- year anniversary of the Effective Date. If 95% of Litigating Tribes do not sign the Tribal Participation Form, such that the Effective Date does not occur, the entire $75 million paid into the Settlement Fund Escrow on December 31, 2021 will revert to Xxxxxxx as soon as practicable after Xxxxxxx provides notice to the TLC that the conditions to this Agreement have not been satisfied. This Agreement will have no further effect and all releases and other commitments or obligations contained herein will be void.
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Structure of Payments. 1. All payments under this Section III shall be made into the Walgreens Settlement Trust. The payments in the Walgreens Settlement Trust shall be allocated and used only as specified in Section IV of this Agreement. 2. Walgreens shall make fifteen annual payments into the Walgreens Settlement Trust for a total sum of One Hundred Forty-Eight Million, Three Hundred Fifty-Six Thousand, and Twenty-Nine Dollars and Forty Cents. (U.S. $ year. The Settlement Payment Schedule is set forth in Exhibit G-1 and is defined below: a. Walgreens shall pay into the Walgreens Settlement Trust an amount of $16,366,679.40 to be paid in equal installments of $2,727,779.90 over six (6) years as set forth in Exhibit G-1. These funds will be paid to the Walgreens Settlement Trust and allocated by the Special Master to the Attorney Fee Fund. b. Walgreens shall pay into the Walgreens Settlement Trust an amount of $131,989,350.00 to be paid in installments of over fifteen (15) years in installments as set forth in Exhibit G-1. These funds will be paid to the Walgreens Settlement Trust and allocated to the XXXX IX and Attorney Fee Fund in accordance with the schedule set forth in Exhibit G-2. 3. Walgreens’s payment into the Walgreens Settlement Trust includes the amount necessary to comply with the Ongoing Common Benefit Order (Dkt. #4428) in In re National Prescription Opiate Litigation, case no. 1:17-md-2804, pending in the United States District Court for the Northern District of Ohio Eastern Division (the “Ongoing Common Benefit Order”). The Special Master shall hold the amount necessary to ensure compliance with the Ongoing Common Benefit Order until further order by the MDL Court. It is expressly understood that Walgreens’s Payment into the Walgreens Settlement Trust under III.A.2 fulfills its obligations under the Ongoing Common Benefit Order. 4. If 95% of Litigating Tribes, including Cherokee Nation as a Participating Tribe solely for purposes of calculating the percentage of Participating Tribes, do not sign the Tribal Participation Form within two years of the date of this agreement, such that the Effective Date does not occur, then Walgreens shall make no payment, this Agreement will have no further effect, and all releases and other commitments or obligations contained herein will be void, provided, however, that Walgreens shall have the unilateral right in its sole discretion to extend that deadline to a date of its choosing and/or to proceed with the Agreement even if t...
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Related to Structure of Payments

  • Nature of Payments Any amounts due under this Section 10 are in the nature of severance payments considered to be reasonable by the Company and are not in the nature of a penalty.

  • Time of Payments Any payment that is due on a day that is not a Business Day may be made on the next Business Day but will bear interest until received in full. All payments must be made in funds which are immediately available on the date on which payment is due.

  • SOURCE OF PAYMENTS All payments provided in this Agreement shall be timely paid in cash or check from the general funds of the Bank. The Company, however, unconditionally guarantees payment and provision of all amounts and benefits due hereunder to Executive and, if such amounts and benefits due from the Bank are not timely paid or provided by the Bank, such amounts and benefits shall be paid or provided by the Company.

  • Evidence of Payments As soon as practicable after any payment of Indemnified Taxes or Other Taxes by the Borrower to a Governmental Authority, the Borrower shall deliver to the Administrative Agent the original or a certified copy of a receipt issued by such Governmental Authority evidencing such payment, a copy of the return reporting such payment or other evidence of such payment reasonably satisfactory to the Administrative Agent.

  • Avoidance of Payments Any settlement, discharge or release between (a) the Current Issuer and (b) the Note Trustee or any Receiver (the "Relevant Person(s)") shall be conditional upon no security or payment granted or made to the Relevant Person(s) by the Current Issuer or any other person being avoided or reduced by virtue of any provisions or enactments relating to bankruptcy, insolvency or liquidation for the time being in force and, in the event of such security or payment being so avoided or reduced, the Relevant Person(s) shall be entitled to recover the value or amount of such security or payment from the Current Issuer and from the security subsequently as if such settlement, discharge or release had not occurred.

  • Coordination of Payments The Company shall not be liable under this Agreement to make any payment of amounts otherwise indemnifiable or payable or reimbursable as Expenses hereunder if and to the extent that Indemnitee has otherwise actually received such payment under any insurance policy, contract, agreement or otherwise.

  • Collection of Payments Borrower authorizes Bank to collect all principal, interest and fees due under each credit created by the Loan Documents by charging Borrower’s deposit account number 4121261853 with Bank, or any other deposit account maintained by Borrower with Bank, for the full amount thereof. Should there be insufficient funds in any such deposit account to pay all such sums when due, the full amount of such deficiency shall be immediately due and payable by Borrower.

  • Sharing of Payments Other than as expressly provided elsewhere herein, if any Lender of any Class shall obtain payment in respect of any principal of or interest on account of the Loans of such Class made by it or the participations in L/C Obligations held by it (whether voluntary, involuntary, through the exercise of any right of setoff, or otherwise) in excess of its ratable share (or other share contemplated hereunder) thereof, such Lender shall immediately (1) notify the Administrative Agent of such fact, and (2) purchase from the other Lenders such participations in the Loans of such Class made by them or such subparticipations in the participations in L/C Obligations held by them, as the case may be, as shall be necessary to cause such purchasing Lender to share the excess payment in respect of any principal of or interest on such Loans of such Class or such participations, as the case may be, pro rata with each of them; provided that if all or any portion of such excess payment is thereafter recovered from the purchasing Lender under any of the circumstances described in Section 10.06 (including pursuant to any settlement entered into by the purchasing Lender in its discretion), such purchase shall to that extent be rescinded and each other Lender shall repay to the purchasing Lender the purchase price paid therefor, together with an amount equal to such paying Lender’s ratable share (according to the proportion of (a) the amount of such paying Lender’s required repayment to (b) the total amount so recovered from the purchasing Lender) of any interest or other amount paid or payable by the purchasing Lender in respect of the total amount so recovered, without further interest thereon. For the avoidance of doubt, the provisions of this Section 2.13 shall not be construed to apply to (i) any payment made by the Borrower pursuant to and in accordance with the express terms of this Agreement as in effect from time to time (including the application of funds arising from the existence of a Defaulting Lender) or (ii) any payment obtained by a Lender as consideration for the assignment of or sale of a participation in any of its Loans to any assignee or participant permitted hereunder. The Borrower agrees that any Lender so purchasing a participation from another Lender pursuant to this Section 2.13 may, to the fullest extent permitted by applicable Law, exercise all its rights of payment (including the right of setoff, but subject to Section 10.10) with respect to such participation as fully as if such Lender were the direct creditor of the Borrower in the amount of such participation. The Administrative Agent will keep records (which shall be conclusive and binding in the absence of manifest error) of participations purchased under this Section 2.13 and will in each case notify the Lenders following any such purchases or repayments. Each Lender that purchases a participation pursuant to this Section 2.13 shall from and after such purchase have the right to give all notices, requests, demands, directions and other communications under this Agreement with respect to the portion of the Obligations purchased to the same extent as though the purchasing Lender were the original owner of the Obligations purchased. For purposes of clause (3) of the definition of Excluded Taxes, any participation acquired by a Lender pursuant to this Section 2.13 shall be treated as having been acquired on the earlier date(s) on which the applicable interest(s) in the Commitment(s) or Loan(s) to which such participation relates were acquired by such Lender.

  • Allocation of Payments The Assignor and the Assignee agree that (i) the Assignor shall be entitled to any payments of principal with respect to the Assigned Interest made prior to the Assignment Date, together with any interest and fees with respect to the Assigned Interest accrued prior to the Assignment Date, (ii) the Assignee shall be entitled to any payments of principal with respect to the Assigned Interest made from and after the Assignment Date, together with any and all interest and fees with respect to the Assigned Interest accruing from and after the Assignment Date, and (iii) the Agent is authorized and instructed to allocate payments received by it for account of the Assignor and the Assignee as provided in the foregoing clauses. Each party hereto agrees that it will hold any interest, fees or other amounts that it may receive to which the other party hereto shall be entitled pursuant to the preceding sentence for account of such other party and pay, in like money and funds, any such amounts that it may receive to such other party promptly upon receipt.

  • Netting of Payments Subparagraph (ii) of Section 2(c) of this Agreement will apply to Transactions entered into under this Agreement unless otherwise specified in a Confirmation.

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