Xxxxxxx Lawsuit Payments Sample Clauses

Xxxxxxx Lawsuit Payments. If any amount is collected by APW pursuant to the Xxxxxxx Lawsuit, Buyer shall cause APW to make the payments described in Schedule 11.7. 48 11.8 Right of First Refusal. 48 ARTICLE 12 GENERAL PROVISIONS 49
Sample 1
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Xxxxxxx Lawsuit Payments. If any amount is collected by APW pursuant to the Xxxxxxx Lawsuit, Buyer shall cause APW to make the payments described in Schedule 11.7.
Sample 1
Xxxxxxx Lawsuit Payments. APW has committed to compensate certain former employees and employees whose bonuses were impacted by the warranty costs incurred in the years of 1999, 2000, and 2001 The amounts below have been determined to pay, based on a full settlement of approximately $5,323,000. Should the ultimate settlement be less than $5,000,000, Sellers reserve the right to recalculate these amounts. Name Amount Former Employees Xxxxxxx, Xxxx $ 14,713.00 Xxxxx, Xxxx $ 9,324.00 Xxxxxx, Xxxxxx $ 4,740.00 Current Employees Xxxxxxxx, Xxx $ 11,620.00 Xxxxxx, Xxxx $ 7,228.00 Xxxxxx, Xxx $ 1,758.00 Xxxxxxxxx, Xxx $ 1,554.00 Xxxxxx, Xxxxxxx $ 1,554.00 Xxxxxx, Xxxxxx $ 1,360.00 Xxxxxxx, Xxx $ 1,360.00 Xxxxxxxx, Xxxxxx $ 1,360.00 Jonas, Xxxxxx $ 356,475.00 Xxxxxxx, Xxxxxx $ 356,475.00 Xxxxxxxxxx, Xxxxx $ 356,475.00 Xxxxxxxxxx, Xxxxxxxx $ 356,475.00 Xxxx, Xxxxxx $ 77,175.00 Total Payments to current and former employees $1,559,646.00 The above amounts shall be paid from the settlement amount received from Xxxxxxx. All litigation expenses not paid or accrued as of the Effective Time shall be paid from the amount received from Xxxxxxx. EXHIBIT A ESCROW AGREEMENT This Agreement, dated as of January 9, 2007, is entered into by and among (a) Standex International Corporation (“Standex”), a Delaware corporation, with executive offices at 0 Xxxxx Xxxxxxx, Xxxxx, Xxx Xxxxxxxxx 00000, (b) Xxxxxx X. Xxxxx, Xxxxx Xxxxxxxxxx, Xxxxxxxx X. Xxxxxxxxxx and Xxxxxx Xxxxxxx, as Sellers' Representatives (collectively, the “Sellers’ Representatives”), in their capacities as representatives of the holders of common stock, $0.01 par value, of Associated American Industries, Inc. (the “Company”) identified on Schedule A (collectively, the “Sellers”), and (c) Xxxxx Fargo Bank, National Association, a national banking association (the “Escrow Agent”).
Sample 1

Related to Xxxxxxx Lawsuit Payments

  • Xxxxxxxxx Payments The Company shall pay Executive cash benefits equal to:

  • Settlement Payments On the first Business Day of each month ("Interest Settlement Date"), Collateral Agent will advise each Lender by telephone, fax or telecopy of the amount of such Lender's share of interest and fees on each of the Loans as of the end of the last day of the immediately preceding month. Provided that such Lender has made all payments required to be made by it under this Agreement, Collateral Agent will pay to such Lender, by wire transfer to such Lender's account (as specified by such Lender on the signature page of this Agreement or the applicable Assignment and Acceptance Agreement, as amended by such Lender from time to time after the date hereof or in the applicable Assignment and Acceptance Agreement) not later than 3:00 p.m. Chicago time on the next Business Day following the Interest Settlement Date, such Lender's share of interest and fees on each of the Loans. Such Lender's share of interest on each Loan will be calculated for that Loan by adding together the Daily Interest Amounts for each calendar day of the prior month for that Loan and multiplying the total thereof by the Interest Ratio for that Loan. Such Lender's share of the Unused Line Fee described in subsection 2.3(A) shall be an amount equal to (a)(i) such Lender's average Revolving Loan Commitment during such month, less (ii) the sum of (x) such Lender's average Daily Loan Balance of the Revolving Loans, plus (y) such Lender's Pro Rata Share of the average daily aggregate amount of Letter of Credit Reserve, in each case for the preceding month, multiplied by (b) the percentage required by subsection 2.3(A). Such Lender's share of all other fees paid to Collateral Agent for the benefit of Lenders hereunder shall be paid and calculated based on such Lender's Commitment with respect to the Loans on which such fees are associated. To the extent Collateral Agent does not receive the total amount of any fee owing by Borrowers under this Agreement, each amount payable by Collateral Agent to a Lender under this subsection 9.8(A)(4) with respect to such fee shall be reduced on a pro rata basis. The Collateral Agent and the Lenders hereby acknowledge and agree that in no event shall the aggregate fee payments received by such Lenders pursuant to this subsection 9.8(A)(4) exceed the total amount of fees pursuant to subsection 2.3.

  • Xxxxxxxxx Benefits Subject to Section 4.C, Executive shall be entitled to the following Severance Benefits if Executive experiences a Termination under the circumstances described in Section 4.A above:

  • Payments to Xxxxxx In connection with the distribution of shares of the Fund, Xxxxxx will be entitled to receive: (a) payments pursuant to any Distribution Plan and Agreement from time to time in effect between the Fund and Xxxxxx with respect to the Fund or any particular class of shares of the Fund, (b) any contingent deferred sales charges applicable to the redemption of shares of the Fund or of any particular class of shares of the Fund, determined in the manner set forth in the then current Prospectus and Statement of Additional Information of the Fund and (c) subject to the provisions of Section 3 below, any front-end sales charges applicable to the sale of shares of the Fund or of any particular class of shares of the Fund, less any applicable dealer discount.

  • Payment of Sales, Use or Similar Taxes All sales, use, transfer, intangible, recordation, documentary stamp or similar Taxes or charges, of any nature whatsoever, applicable to, or resulting from, the transactions contemplated by this Agreement shall be borne by the Sellers.

  • Payment of Reinsurance Premiums For automatic and facultative reinsurance, following the close of each calendar month, the Ceding Company will send the Reinsurer a statement and a listing of new business, changes and terminations. If a net reinsurance premium balance is payable to the Reinsurer, the Ceding Company will forward this balance within (60) sixty days after the close of each month. If a net reinsurance premium balance is payable to the Ceding Company, the balance due will be subtracted from the reinsurance premium payable by Ceding Company for the current month. The Reinsurer shall pay any remaining balance due the Ceding Company sixty days after the Ceding Company submits the statement.

  • Sharing of Payments by Xxxxxxx If any Lender of a Class shall, by exercising any right of set-off or counterclaim or otherwise, obtain payment in respect of any principal of or interest on any of its Loans, or participations in LC Disbursements or Swingline Loans, of such Class resulting in such Lender receiving payment of a greater proportion of the aggregate amount of its Loans, and participations in LC Disbursements and Swingline Loans, and accrued interest thereon of such Class then due than the proportion received by any other Lender of such Class, then the Lender receiving such greater proportion shall purchase (for cash at face value) participations in the Loans, and participations in LC Disbursements and Swingline Loans, of other Lenders of such Class to the extent necessary so that the benefit of all such payments shall be shared by the Lenders of such Class ratably in accordance with the aggregate amount of principal of and accrued interest on their respective Loans, and participations in LC Disbursements and Swingline Loans of such Class; provided that (i) if any such participations are purchased and all or any portion of the payment giving rise thereto is recovered, such participations shall be rescinded and the purchase price restored to the extent of such recovery, without interest, and (ii) the provisions of this paragraph shall not be construed to apply to any payment made by the Borrower pursuant to and in accordance with the express terms of this Agreement or any payment obtained by a Lender as consideration for the assignment of or sale of a participation in any of its Loans or participations in LC Disbursements to any assignee or participant, other than to the Borrower or any Subsidiary or Affiliate thereof (as to which the provisions of this paragraph shall apply). The Borrower consents to the foregoing and agrees, to the extent it may effectively do so under applicable law, that any Lender acquiring a participation pursuant to the foregoing arrangements may exercise against the Borrower rights of set-off and counterclaim with respect to such participation as fully as if such Lender were a direct creditor of the Borrower in the amount of such participation. For the avoidance of doubt, the Borrower may make a Borrowing under the Dollar Commitments or Multicurrency Commitments (if otherwise permitted hereunder) and may use the proceeds of such Borrowing (x) with Dollar Commitments to prepay the Multicurrency Loans (without making a ratable prepayment of the Dollar Loans) or (y) with Multicurrency Commitments to prepay the Dollar Loans (without making a ratable payment to the Multicurrency Loans).

  • Compensation of Xxxxx Xxxxx For the services, payments and facilities to be furnished hereunder by Xxxxx Xxxxx, Xxxxx Xxxxx shall be entitled to receive from the Trust the compensation described on Appendix A hereto.

  • Adjustment Payments At least annually, and more frequently throughout the year if mutually agreed to by the parties, an adjustment payment shall be made by the appropriate party in order that the payments remitted by LIA to each Fund with respect to the previous fiscal year shall equal the Excess Amount for that Fund.

  • Settlement Payment If the resulting net amount is positive, it shall be payable by the Defaulting Party to the Non-Defaulting Party, and if it is negative, then the absolute value of such amount shall be payable by the Non-Defaulting Party to the Defaulting Party.

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