Qualified Payments means all payments received by Landlord from time to time during the Term from any party (1) under any casualty insurance policy as a result of damage to the Leased Property, (2) as compensation for any restriction placed upon the use or development of the Leased Property or for the condemnation of the Leased Property or any portion thereof, (3) because of any judgment, decree or award for injury or damage to the Leased Property or (4) under any title insurance policy or otherwise as a result of any title defect or claimed title defect with respect to the Leased Property; provided, however, that (x) in determining Qualified Payments, there shall be deducted all expenses and costs of every kind, type and nature (including taxes and Attorneys' Fees) incurred by Landlord with respect to the collection of such payments, (y) Qualified Payments shall not include any payment to Landlord by a Participant or an Affiliate of Landlord that is made to compensate Landlord for the Participant's or Affiliate's share of any Losses Landlord may incur as a result of any of the events described in the preceding clauses (1) through (4) and (z) Qualified Payments shall not include any payments received by Landlord that Landlord has paid to Tenant for the restoration or repair of the Leased Property or that Landlord is holding as Escrowed Proceeds. For purposes of computing the total Qualified Payments (and other amounts dependent upon Qualified Payments, such as Stipulated Loss Value and the Outstanding Construction Allowance) paid to or received by Landlord as of any date, payments described in the preceding clauses (1) through (4) will be considered as Escrowed Proceeds, not Qualified Payments, until they are actually applied as Qualified Payments by Landlord, which Landlord will do upon the first Advance Date or Base Rent Date which is at least three (3) Business Days after Landlord's receipt of the same unless postponement of such application is required by other provisions of this Lease or consented to by Tenant in writing. Thus, for example, condemnation proceeds actually received by Landlord in the middle of a Base Rent Period will not be considered as having been received by Landlord for purposes of computing the total Qualified Payments unless and until actually applied by Landlord as a Qualified Payment on a subsequent Base Rent Date in accordance with Paragraph 4 below. (Landlord shall have no obligation to readvance any portion of the Outstanding Construction Allow...
Qualified Payments means, solely with respect to sites installed pursuant to the Power Purchase Agreement after January 1, 2017, cash payments made by Walmart and its affiliates directly to Plug Power that are either (i) payments made for hardware, services or fuel for systems or installations that were purchased outright by Walmart or its affiliates with cash or through financing arranged by Walmart or its affiliates (i.e., leases directed and entered into by Walmart); or (ii) payments made under the Power Purchase Agreement.
Qualified Payments shall not include any payment to BNPLC by a Participant or an Affiliate of BNPLC that is made to compensate BNPLC for the Participant's or Affiliate's share of any Losses BNPLC may incur as a result of any of the events described in the preceding clauses (1) through (4) and (z) "Qualified Payments" shall not include any payments received by BNPLC that BNPLC has paid or is obligated to pay to SGC for the restoration or repair of the Property or that BNPLC is holding as Escrowed Proceeds pursuant to Paragraph 11 of the Lease or any other provision of the Lease. For purposes of computing the total Qualified Payments (and other amounts dependent upon Qualified Payments, such as Stipulated Loss Value and the Outstanding Construction Allowance) paid to or received by BNPLC as of any date, payments described in the preceding clauses (1) through (4) will be considered as Escrowed Proceeds, not Qualified Payments, until they are actually applied as Qualified Payments by BNPLC as provided in subparagraph 11.(c) of the Lease.
Examples of Qualified Payments in a sentence
In any event, Tenant will not be entitled to any abatement or reduction of the Base Rent or any other amount due hereunder except to the extent that such excess Remaining Proceeds result in Qualified Payments which reduce Stipulated Loss Value (and thus payments computed on the basis of Stipulated Loss Value) as provided in the definitions set out above.
However, any Remaining Proceeds not needed for such purpose shall be applied by Landlord as Qualified Payments after Tenant notifies Landlord that they are not needed for repairs, restoration or replacement.
Thus, for example, condemnation proceeds actually received by Landlord in the middle of a Base Rent Period will not be considered as having been received by Landlord for purposes of computing the total Qualified Payments unless and until actually applied by Landlord as a Qualified Payment on a subsequent Base Rent Date in accordance with Paragraph 4 below.
On any Advance Date on which (1) the Outstanding Construction Allowance (including any Carrying Costs added thereto on such Advance Date), plus any Qualified Payments that have been applied to reduce the Outstanding Construction Allowance on or prior to such Advance Date, exceed (2) the Maximum Construction Allowance, Tenant shall pay to Landlord the amount of such excess.
Following the Effective Time (as defined in the Merger Agreement), the Trust shall transfer to the Designated Settlement Fund all assets received by the grantor trust portion of the Trust that would constitute Qualified Payments (as defined in section 468B(d) of the Code) immediately following receipt of such assets.
More Definitions of Qualified Payments
Qualified Payments shall not include any payments received by BNPLC that BNPLC has paid or is obligated to pay to SGC for the restoration or repair of the Property or that BNPLC is holding as Escrowed Proceeds pursuant to Paragraph 11 of the Lease or any other provision of the Lease. For purposes of computing the total Qualified Payments (and other amounts dependent upon Qualified Payments, such as Stipulated Loss Value and the Outstanding Construction Allowance) paid to or received by BNPLC as of any date, payments described in the preceding clauses (1) through (4) will be considered as Escrowed Proceeds, not Qualified Payments, until they are actually applied as Qualified Payments by BNPLC as provided in subparagraph 11.(c) of the Lease.
Qualified Payments has the meaning set forth in the Recitals.
Qualified Payments means (i) bona fide payments made by the Partnership for the actual direct costs, including any taxes, to Telmex and other third party providers for access and termination costs for providing Services to AT&T and its Affiliates consistent with past practices, after giving effect to any credits, rebates, price reductions or other offsets and (ii) customer operations transfer fees, network operations transfer fees, sales transfer fees, product marketing and management fees, node maintenance fees, system and network development fees, leasing fees (if any) paid under the Node Lease Agreement and any other fees (if any) paid to AT&T or its Affiliates in connection with Article 8 of the AGN Agreement (but without giving effect to any other fee paid to AT&T or its Affiliates in connection with the AT&T Global Network Cooperation Agreement). In no event shall any payments be included as a Qualified Payment if the associated revenue is not counted toward the Total Commitment Amount. Revenue shall be determined in accordance with Mexican GAAP, consistently applied. “Services” means all services provided by or through the Partnership or its Affiliates, including without limitation, voice services, data services, and AGN services, whether in, or outside of the United Mexican States. “Monthly International Switched Voice Credit” means, for any calendar month, a number equal to the international switched voice contribution margin for the Partnership (defined as international switched voice revenue minus bona fide payments for the actual direct costs, including any taxes for access and termination costs, after giving effect to any credits, rebates, price reductions or other offsets) from parties other than AT&T and its Affiliates multiplied by a fraction the numerator of which is equal to the total international switched voice minutes for such month from parties other than AT&T and its Affiliates minus 40 million, and the denominator of which is equal to the total international switched voice minutes from third parties other than AT&T and its Affiliates for such month. “International Switched Voice Credit” means the sum of all Monthly International Switched Voice Credit calculations for all the months in any Purchase Commitment Period. In no event shall the International Switched Voice Credit be less than zero.
Qualified Payments means cash payments made by FedEx and its Affiliates to the Company that are either (i) payments made under the Master Professional Services Agreement or ACTIVE/117733159.13 the Master Purchase Agreement; or (ii) any other payments made for hardware or services, including research and development services on or after June 1, 2022.
Qualified Payments shall not include any payment to Landlord by a Participant or an Affiliate of Landlord that is made to compensate Landlord for the Participant's or Affiliate's share of any Losses Landlord may incur as a result of any of the events described in the preceding clauses (1) through (4) and (z) "Qualified Payments" shall not include any payments received by Landlord that Landlord has paid to Tenant for the restoration or repair of the Leased Property or that Landlord is holding as Escrowed Proceeds. For purposes of computing the total Qualified Payments (and other amounts dependent upon Qualified Payments, such as Stipulated Loss Value) paid to or received by Landlord as of any date, payments described in the preceding clauses (1) through (4) will be considered as Escrowed Proceeds, not Qualified Payments, until they are actually applied as Qualified Payments by Landlord, which Landlord will do upon the first Advance Date or Base Rental Date which is at least three (3) Business Days after Landlord's receipt of the same unless postponement of such application is required by other provisions of this Lease or consented to by Tenant in writing. Thus, for example, condemnation proceeds actually received by Landlord in the middle of a Base Rental Period will not be considered as having been received by Landlord for purposes of computing the total Qualified Payments unless and until actually applied by Landlord as a Qualified Payment on a subsequent Advance Date or Base Rental Date in accordance with Paragraph 4 below.
Qualified Payments shall not include any payments received by Landlord that Landlord has paid to Tenant for the restoration or repair of the Leased Property or that Landlord is holding as Escrowed Proceeds. For purposes of computing the total Qualified Payments (and other amounts dependent upon Qualified Payments, such as Stipulated Loss Value) paid to or received by Landlord as of any date, payments described in the preceding clauses (1) through (4) will be considered as Escrowed Proceeds, not Qualified Payments, until they are actually applied as Qualified Payments by Landlord, which Landlord will do upon the first Advance Date or Base Rental Date which is at least three (3) Business Days after Landlord's receipt of the same unless postponement of such application is required by other provisions of this Lease or consented to by Tenant in writing. Thus, for example, condemnation proceeds actually received by Landlord in the middle of a Base Rental Period will not be considered as having been received by Landlord for purposes of computing the total Qualified Payments unless and until actually applied by Landlord as a Qualified Payment on a subsequent Advance Date or Base Rental Date in accordance with Paragraph 4 below.
Qualified Payments shall not include any payment to BNPLC by a Participant or an Affiliate of BNPLC that is made to compensate BNPLC for the Participant's or Affiliate's share of any Losses BNPLC may incur as a result of any of the events described in the preceding clauses (1) through (4) and (z) "Qualified Payments" shall not include any payments received by BNPLC that BNPLC has paid to Solectron for the restoration or repair of the Property or that BNPLC is holding as Escrowed Proceeds. For purposes of computing the total Qualified Payments (and other amounts dependent upon Qualified Payments, such as Stipulated Loss Value and the Outstanding Construction Allowance) paid to or received by BNPLC as of any date, payments described in the preceding clauses (1) through (4) will be considered as Escrowed Proceeds, not Qualified Payments, until they are actually applied as Qualified Payments by BNPLC as provided in subparagraph 11.(c) of the Lease.