Support Payments. (i) Sponsor shall provide to Institute funding, including direct and indirect costs, for the Research as provided in this Section 5(a) (“Support Payments”). Support Payments for indirect costs shall not exceed [***] percent ([***]%) of the total direct costs invoiced. Such Support Payments will be made within [***] of Sponsor’s receipt of invoices for costs actually incurred pursuant to the agreed Research Plan.
(ii) The aggregate Support Payments made to Institute shall not be less than (i) [***] per year in the two-year period beginning on the Effective Date and (ii) [***] per year for each year thereafter during the Term. If, at the end of the applicable period, the aggregate Support Payments are less than the applicable minimum amount, Sponsor shall remit the amount needed to increase the aggregate Support Payments to the applicable minimum within [***] of the end of the applicable period.
(iii) If this Agreement is terminated prior to completion of the Research, the sum payable under this Section 5(a) will be pro-rated based on actual work performed and actual expenses incurred, including non-cancelable commitments, prior to termination.
(iv) It is agreed to and understood by the parties that the aggregate amount of the Support Payments is an estimate of the cost of research to be conducted by the Institute hereunder, but that Sponsor shall not be liable for any payments or costs in excess of the Support Payments, unless Sponsor expressly agrees in writing to provide additional funds; provided, that nothing in this Agreement or a Research Plan shall obligate Institute to incur direct or indirect costs for Research in excess of actual Support Payments. Institute shall not be required to perform work in excess of Support Payments Funding for any work to be performed in connection with the Project that would require payments by Sponsor in excess of those described in this Section 5, must be agreed to by Sponsor and the Institute in writing prior to the initiation of any such work.
(v) In the event that for any project conducted in the Research (i) costs incurred for the applicable project will exceed by [***] percent ([***]%) or more the budgeted costs provided in the Research Plan for such project, or (ii) the project fails to timely achieve one or more material objectives set forth for the Research Plan due to the fault of the Institute, or is materially delayed due to the fault of the Institute, then Sponsor may terminate the applicable Research Plan ...
Support Payments. (a) SunEdison shall, or shall cause one of its Affiliates (other than EM LLC and its subsidiaries) to:
(i) at least five (5) Business Days prior to each Interest Payment Date, deposit into an account of EM LLC an amount equal to the Interest Payment Amount, and EM LLC shall use such funds solely to pay the Interest Payment Amount in accordance with the terms of the Credit Agreement on or prior to the Interest Payment Date; or
(ii) on or prior to each Interest Payment Date, pay (on behalf of EM LLC) the Interest Payment Amount in accordance with the terms of the Credit Agreement.
(b) Any payments made by SunEdison or any of its Affiliates described in Section 2(a)(i) or (ii) shall be treated as a contribution by SunEdison (or its applicable Affiliate) to the capital of SunEdison Holdings, followed by a contribution by SunEdison Holdings to the capital of EM LLC. However, none of SunEdison, SunEdison Holdings or their respective Affiliates shall have any rights, at any time, to reimbursement of any payments made by SunEdison or its Affiliates pursuant to Section 2(a).
(c) EM LLC shall provide notice to SunEdison of each Interest Payment Date at least ten (10) Business Days prior to such Interest Payment Date, provided that failure to provide such notice shall not release SunEdison of its obligations under Section 2(a).
Support Payments. (a) SunEdison shall, or shall cause one of its Affiliates (other than Terra, Terra LLC and their subsidiaries) to:
(i) at least three (3) Business Days prior to each Interest Payment Date, deposit into an account of Terra Operating an amount equal to the Interest Payment Amount, and Terra Operating shall use such funds solely to pay the Interest Payment Amount in accordance with the terms of the Credit Agreement on or prior to the Interest Payment Date; or
(ii) on or prior to each Interest Payment Date, pay (on behalf of Terra Operating) the Interest Payment Amount in accordance with the terms of the Credit Agreement.
(b) Any payments made by SunEdison or any of its Affiliates described in Section 2(a)(i) or (ii) shall be treated as a contribution by SunEdison (or its applicable Affiliate) to the capital of SunEdison Holdings, followed by a contribution by SunEdison Holdings to the capital of Terra LLC and by Terra LLC to Terra Operating. However, none of SunEdison, SunEdison Holdings or their respective Affiliates shall have any rights, at any time, to reimbursement of any payments made by SunEdison or its Affiliates pursuant to Section 2(a).
Support Payments. Section 3.4 of Amendment #2 and Section 8 of the Software Agreement are hereby changed to include an annual support fee of [*] to cover the following support activities: i) updates, revisions, bug fixes and new releases of agent Software for all platforms, ii) bug, fixes for all RMON Products; iii) on-going consulting, including architectural issues, to Cisco for existing and future RMON Products.
Support Payments. (a) In consideration of the City's agreement to cause the Phase III Project to be constructed, the District shall pay to the City, the CCFD, a trustee for the Lease Revenue Bonds or a trustee for the CCFD Bonds, as the City shall direct, twenty (20) annual Support Payments, with the first annual Support Payment to be due and payable on the July 15 following completion and issuance of the final certificate of occupancy permit for the Phase III Project, with each subsequent annual Support Payment to be due and payable on July 15 of each subsequent calendar year (each a "Support Payment Date"), each Support Payment to be in the amount specified in the Support Payment Schedule attached hereto as Appendix A. In addition to all other remedies available to the City hereunder, including without limitation, pursuant to Section 5.01 hereof, unpaid Support Payments shall bear interest from their respective Support Payment Dates to and including their date of payment, at the rate of ten percent (10%) per annum, calculated on the basis of a 365-day year and actual days elapsed.
(b) Notwithstanding anything to the contrary contained in this Support Agreement or elsewhere, Support Payments shall be payable by the District after the prior payment of all amounts then due for all District Bonds, Parity Debt (as such term is defined in the District Indenture) and any Subordinate Obligations (as such term is defined in the District Indenture). Support Payments shall be payable on a subordinate basis to: (i) the Airport Note; and (ii) the first phase of the District's advance repayments to Civic San Diego, formerly known as Centre City Development Corporation, or any subsequent successor or assigns of Civic San Diego, for the North Embarcadero Visionary Plan (hereinafter collectively referred to as the "Existing Deeply Subordinated Obligations"). The District agrees that the Support Payments shall not be payable on a subordinate basis to any Deeply Subordinated Obligations now or hereafter existing other than the Existing Deeply Subordinated Obligations unless the District secures the prior written consent of the City.
(c) To the extent the Support Payments are applied to the payment of the Lease Revenue Bonds, the District's obligation to make Support Payments hereunder shall xxxxx by the same percentage and for the same period as the City's obligation to make Base Rental Payments abates as a consequence of the provisions of the Facility Lease relating to damage, destruction,...
Support Payments. (a) SunEdison shall, or shall cause one of its Affiliates (other than Terra, Terra LLC and their subsidiaries) to, at least three (3) Business Days prior to the relevant Interest Payment Date, deposit into an account of Terra Operating an amount equal to the Interest Payment Amount, and Terra Operating shall use such amount to pay the scheduled interest on the Notes payable on such Interest Payment Date in accordance with the terms of the Indenture on or prior to such Interest Payment Date.
(b) Any payments made by SunEdison or any of its Affiliates described in Section 2(a) shall be treated as a contribution by SunEdison (or its applicable Affiliate) to the capital of SunEdison Holdings (or its applicable Affiliate), followed by a contribution by SunEdison Holdings (or its applicable Affiliate) to the capital of Terra LLC and by Terra LLC to Terra Operating. However, none of SunEdison, SunEdison Holdings or their respective Affiliates shall have any rights, at any time, to reimbursement of any payments made by SunEdison or its Affiliates pursuant to Section 2(a).
Support Payments. Section 4.2(d) is hereby added to the Development Agreement as follows:
Support Payments. (a) On the later to occur of (a) October 31, 2018 and (b) within thirty (30) days of Alvogen’s receipt from Pfenex of copy of the notice from the FDA that FDA has accepted the NDA for Product for review, Alvogen shall pay to Pfenex a one-time support payment in the amount of Two Million Five Hundred Thousand Dollars ($2,500,000), in consideration of Pfenex’s production of consistency batches of Product and related development and support activities. Such support payment shall be non-refundable and non-creditable, provided that, for the avoidance of doubt, all tangible materials arising from such consistency batches shall be owned by Alvogen.
(b) Alvogen agrees to either, at its option: (i) reimburse Pfenex for its reasonable, out-of-pocket expenses approved in advance by Alvogen (which approval will not be unreasonably withhold, conditioned or delayed) incurred from and after June 1, 2018 with respect to Third Party consultant/contractors engaged by Pfenex as of the Effective Date with respect to regulatory affairs, quality, manufacturing and supply chain for the Product (the [***] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. “Product Contractors”) or (ii) provide, at Alvogen’s cost, internal or external experts (reasonably acceptable to Pfenex) to provide the support equivalent to Product Contractors.
Support Payments. (a) SunEdison shall, or shall cause one of its Affiliates (other than Global, Global LLC and their subsidiaries) to:
(i) at least three (3) Business Days prior to each Interest Payment Date, deposit into an account of Global Operating an amount equal to the Interest Payment Amount, and Global Operating shall use such funds solely to pay the Interest Payment Amount in accordance with the terms of the Indenture on or prior to the Interest Payment Date; or
(ii) on or prior to each Interest Payment Date, pay (on behalf of Global Operating) the Interest Payment Amount in accordance with the terms of the Indenture.
(b) Any payments made by SunEdison or any of its Affiliates described in Section 2(a)(i) or (ii) shall be treated as a contribution by SunEdison (or its applicable Affiliate) to the capital of SunEdison Holdings, followed by a contribution by SunEdison Holdings to the capital of Global LLC and by Global LLC to Global Operating. However, none of SunEdison, SunEdison Holdings or their respective Affiliates shall have any rights, at any time, to reimbursement of any payments made by SunEdison or its Affiliates pursuant to Section 2(a).
(c) SunEdison will not be obligated to pay any amounts due in connection with an acceleration of the payment of the principal amount of the Senior Notes.
Support Payments. The Husband shall pay to the Wife, as and for the support of the minor children XXXXXX XXXXXX and XXXXXXX XXXXXX, the sum of $750 every other week commencing on October 1, 2018, and continuing on the Monday of each second week thereafter. Said sum equals 28% percent of the Husband’s net income as defined by 750 ILCS 5/505.
