Common use of Timing of Payments under Sections 4 Clause in Contracts

Timing of Payments under Sections 4. 1 AND 4.2. The payments provided for in (a) Section 4.1 and (b) Sections 4.2(a) and (b) shall be made not later than the fifth day following the Date of Termination; PROVIDED, HOWEVER, that if the amounts of such payments cannot be finally determined on or before such day, the Corporation shall pay to you on such day an estimate, as determined in good faith by the Corporation, of the minimum amount of such payments and shall pay the remainder of such payments (together with interest at the rate provided in section 1274(b)(2)(B) of the Code) from the Date of Termination as soon as the amount thereof can be determined but in no event later than the thirtieth day after the Date of Termination. In the event that the amount of the estimated payments exceeds the amount subsequently determined to have been due, such excess shall constitute a loan by the Corporation to you, payable on the fifth day after demand by the Corporation (together with interest at the rate provided in section 1274(b)(2)(B) of the Code) from the date such payment was made by the Corporation.

Timing of Payments under Sections 4. 1 AND 4.2. The payments provided for in (a) Section 4.1 and (b) Sections 4.2(a) and (b) shall be made not later than the fifth day following the Date of TerminationTermination and (b) Section 4.2(h) shall be made on the earlier of the date on which you would be required to pay, or the Corporation would be required to withhold, the Excise Tax; PROVIDED, HOWEVER, that if the amounts of such payments cannot be finally determined on or before such day, the Corporation shall pay to you on such day an estimate, as determined in good faith by the Corporation, of the minimum amount of such payments and shall pay the remainder of such payments (together with interest at the rate provided in section 1274(b)(2)(B) of the Code) from the Date of Termination as soon as the amount thereof can be determined but in no event later than the thirtieth day after the Date of Termination. In the event that the amount of the estimated payments exceeds the amount subsequently determined to have been due, such excess shall constitute a loan by the Corporation to you, payable on the fifth day after demand by the Corporation (together with interest at the rate provided in section 1274(b)(2)(B) of the Code) from the date such payment was made by the Corporation.

Timing of Payments under Sections 4. 1 AND and 4.2. The Except where an earlier date is required by law, the payments provided for in (a) Section Sections 4.1 and (b) Sections 4.2(a) and (b) shall be made not later than on the fifth (5th) day following the Date of TerminationTermination and, subject to Sections 6.1 and 7, the payments provided for in Sections 4.2(b) and (f) shall be made on the Release Effective Date (as hereinafter defined); PROVIDEDprovided, HOWEVERhowever, that if the Date of Termination occurs after the Approval Date but before the Change in Control Date, the payments provided for in Sections 4.2(b) and (f) shall be made on the later of the Release Effective Date or the fifth (5th) day following the Change in Control Date; and provided further, however, that if the amounts of such payments cannot be finally determined on or before such day, the Corporation shall pay to you on such day an estimate, as determined in good faith by the Corporation, of the minimum amount of such payments and shall pay the remainder of such payments (together with interest at the rate provided in section 1274(b)(2)(B1274(d) of the Code, compounded quarterly) from the Date of Termination as soon as the amount thereof can be determined but in no event later than two and one-half (2½) months following completion of the thirtieth day after fiscal year in which occurs the later of the Date of TerminationTermination or the Change in Control Date. In the event that the amount of the estimated payments exceeds the amount subsequently determined to have been due, such excess shall constitute a loan by the Corporation to you, payable on the fifth day within five (5) days after demand by the Corporation (together with interest at the rate provided in section 1274(b)(2)(B1274(d) of the Code, compounded quarterly) from the date such payment was made by the Corporation.

Timing of Payments under Sections 4. 1 AND and 4.2. The payments provided for in (a) Section 4.1 and (b) Sections 4.2(a), (b) and (bf) shall be made not later than the fifth day following the Date of TerminationTermination (or, if the Date of Termination occurs after the Approval Date but before the Change in Control Date, the fifth day following the Change in Control Date); PROVIDEDprovided, HOWEVERhowever, that if the amounts of such payments cannot be finally determined on or before such day, the Corporation shall pay to you on such day an estimate, as determined in good faith by the Corporation, of the minimum amount of such payments and shall pay the remainder of such payments (together with interest at the rate provided in section 1274(b)(2)(B) of the Code) from the Date of Termination as soon as the amount thereof can be determined but in no event later than the thirtieth day after the Date of TerminationTermination or the Change in Control Date, as applicable. In the event that the amount of the estimated payments exceeds the amount subsequently determined to have been due, such excess shall constitute a loan by the Corporation to you, payable on the fifth day after demand by the Corporation (together with interest at the rate provided in section 1274(b)(2)(B274(b)(2)(B) of the Code) from the date such payment was made by the Corporation.

Timing of Payments under Sections 4. 1 AND and 4.2. The payments provided for in (a) Section 4.1 and (b) Sections 4.2(a), (b) and (bf) shall be made not later than on the fifth day following the Date of TerminationTermination (or, if the Date of Termination occurs after the Approval Date but before the Change in Control Date, the fifth day following the Change in Control Date); PROVIDEDprovided, HOWEVERhowever, that if the amounts of such payments cannot be finally determined on or before such day, the Corporation shall pay to you on such day an estimate, as determined in good faith by the Corporation, of the minimum amount of such payments and shall pay the remainder of such payments (together with interest at the rate provided in section 1274(b)(2)(B1274(d) of the Code, compounded quarterly) from the Date of Termination as soon as the amount thereof can be determined but in no event later than the thirtieth day after the Date of TerminationTermination or the Change in Control Date, as applicable. In the event that the amount of the estimated payments exceeds the amount subsequently determined to have been due, such excess shall constitute a loan by the Corporation to you, payable on the fifth day after demand by the Corporation (together with interest at the rate provided in section 1274(b)(2)(B1274(d) of the Code, compounded quarterly) from the date such payment was made by the Corporation.

Timing of Payments under Sections 4. 1 AND and 4.2. The Except where an earlier date is required by law, the payments provided for in (a) Section 4.1 and Sections 4.2(a), (b) Sections 4.2(a) and (bf) shall be made not later than on the fifth day following the Date of Termination; PROVIDEDprovided, HOWEVERhowever, that if the Date of Termination occurs after the Approval Date but before the Change in Control Date, the payments provided for in Sections 4.2(b) and (f) shall be made on the fifth day following the Change in Control Date; provided further, however, that if the amounts of such payments cannot be finally determined on or before such day, the Corporation shall pay to you on such day an estimate, as determined in good faith by the Corporation, of the minimum amount of such payments and shall pay the remainder of such payments (together with interest at the rate provided in section 1274(b)(2)(B1274(d) of the Code, compounded quarterly) from the Date of Termination as soon as the amount thereof can be determined but in no event later than the thirtieth day after the Date of TerminationTermination or the Change in Control Date, as applicable. In the event that the amount of the estimated payments exceeds the amount subsequently determined to have been due, such excess shall constitute a loan by the Corporation to you, payable on the fifth day after demand by the Corporation (together with interest at the rate provided in section 1274(b)(2)(B1274(d) of the Code, compounded quarterly) from the date such payment was made by the Corporation.