Retainage Amounts definition

Retainage Amounts means, at any given time, amounts that have accrued and are owing under the terms of a Construction Contract for work, materials or services already provided but which at such time (in accordance with the terms of the Construction Contract) are being withheld from payment to the Contractor thereunder until certain subsequent events (e.g., completion benchmarks) have been achieved.
Sample 1Sample 2Sample 3
Retainage Amounts means amounts that have accrued and are owing under the terms of any Contract for work or services already provided but are being withheld from payment to any Contractor until certain subsequent events (e.g., completion benchmarks) have been achieved.
Sample 1
Retainage Amounts means, at any given time, amounts, if any, that have accrued and are owing under the terms of a Construction Contract for work, materials or services already provided but which at such time (in accordance with the terms of the Construction Contract) are being withheld from payment to the Contractor thereunder until certain subsequent events (e.g., completion benchmarks) have been achieved. “Shortfall” means, at any time of determination, the amount by which the sum of the total Remaining Costs plus the Required Contingency exceeds Available Construction Funds. “Soft Costs” means all Project Costs other than Hard Costs. “Substantial Completion” means each of the following conditions has been satisfied:
Sample 1

Examples of Retainage Amounts in a sentence

  • Fail to withhold a sum equal to one hundred and fifty percent (150%) of the costs reasonably estimated by the Company (and confirmed by the Construction Consultant) as necessary to complete "Punch List Items" (as defined in the Prime Construction Contract) as Retainage Amounts pursuant to Section 5.7 of the Prime Construction Contract unless such retention is not permitted under applicable laws.

  • Reduce the level of Retainage Amounts withheld pursuant to Section 5.6 of the Prime Construction Contract or Section 5.15 hereof.

  • Notwithstanding anything contained herein to the contrary, the Retainage Amounts will be collected in full, without any set-off, within 545 days after the Closing Date.

  • Reduce the level of Retainage Amounts withheld pursuant to Section 5.6 of the Phase I Primary Construction Contract.

  • Reduce the level of Retainage Amounts withheld pursuant to Section 5.6 of the Prime Construction Contract.

  • The Retainage Amounts will be identified as such in Schedule 5.10.

  • Upon satisfaction of the conditions described below in this Section 4.1, the Disbursement Agent shall make the disbursements (the "INITIAL DISBURSEMENTS") described in the Initial Disbursements Certificate attached hereto as EXHIBIT A (the "INITIAL DISBURSEMENTS CERTIFICATE") from the Construction Disbursement Account, including, but not limited to, disbursements of outstanding Retainage Amounts, if any, into the Retainage Account.

  • The total payments by the Company with respect to each line item component described in the Construction Budget (plus any Retainage Amounts held for such line item) after giving effect to the requested disbursements shall not exceed the amount budgeted on the Construction Budget for such line item.

  • Fail to retain as Retainage Amounts pursuant to Section 5.7 of the Phase I Primary Construction Contract a sum equal to at least one hundred and fifty percent (150%) of the costs reasonably estimated by the Company (and confirmed by the Construction Consultant) as necessary to complete "Punch List Items" (as defined in the Phase I Primary Construction Contract) unless such retention is not permitted under applicable laws.

  • Borrower may request a disbursement to the Building Loan Disbursement Account of Reserved Amounts and Excess Reserved Amounts (such amounts, the “Remaining Funds”) toward satisfaction of the Punchlist Completion Amounts, the Disputed Amounts and the Retainage Amounts for which such amounts were reserved, in each case as Borrower shall designate, by delivery to the Disbursement Agent of a written request for release of such Remaining Funds.


More Definitions of Retainage Amounts

Retainage Amounts means, at any given time, amounts that would otherwise have accrued and be owing under the terms of a Construction Contract for work, materials or services already provided but which at such time (in accordance with the terms of the Construction Contract or applicable law) are being withheld from payment to the Contractor thereunder on account of defective or incomplete work or until certain subsequent events (e.g., Contractor’s remedying of such failure or Contractor’s achievement of a designated construction milestone or completion benchmark) have been achieved. For the avoidance of doubt, Retainage Amounts shall not be duplicative of Disputed Amounts or the Punchlist Completion Amount.
Sample 1
Retainage Amounts means at any given time amounts which have accrued and are owing under the terms of a Contract or Subcontract for work or services already provided bu which at such time (and in accordance with the terms of the Contract or Subcontract) are being withheld from payment to the Contractor or Subcontractor, as the case may be, until certain subsequent events (e.g., completion benchmarks) have been achieved under the Contract or Subcontract.
Sample 1
Retainage Amounts means, at any given time, amounts that have accrued and are owing under the terms of a Construction Contract for work or services to the Issuer already provided but which at such time (in accordance with the terms of the Construction Contract) are being withheld from payment to the Contractor thereunder until certain subsequent events set forth in such Construction Contract, which amount shall be deposited into the Retainage Account in accordance with Section 4.2.1, PROVIDED, HOWEVER, such Retainage Amounts shall not be less than the amount set forth in such Construction Contract and shall not be released other than in compliance with the terms of such Construction Contract. For purposes of this Agreement, any Retainage Amounts actually deposited in the Retainage Account shall be deemed "paid" when computing the amount of the Project Budget deemed "unpaid" at the time of such determination.
Sample 1

Related to Retainage Amounts

  • Casualty Retainage means an amount equal to ten percent (10%) of the costs actually incurred for work in place as part of the Restoration, as certified by the Casualty Consultant, until the Restoration has been completed. The Casualty Retainage shall in no event, and notwithstanding anything to the contrary set forth above in this Section 6.4(b), be less than the amount actually held back by Borrower from contractors, subcontractors and materialmen engaged in the Restoration. The Casualty Retainage shall not be released until the Casualty Consultant certifies to Lender that the Restoration has been completed in accordance with the provisions of this Section 6.4(b) and that all approvals necessary for the re-occupancy and use of the Property have been obtained from all appropriate governmental and quasi-governmental authorities, and Lender receives evidence satisfactory to Lender that the costs of the Restoration have been paid in full or will be paid in full out of the Casualty Retainage; provided, however, that Lender will release the portion of the Casualty Retainage being held with respect to any contractor, subcontractor or materialman engaged in the Restoration as of the date upon which the Casualty Consultant certifies to Lender that the contractor, subcontractor or materialman has satisfactorily completed all work and has supplied all materials in accordance with the provisions of the contractor’s, subcontractor’s or materialman’s contract, the contractor, subcontractor or materialman delivers the lien waivers and evidence of payment in full of all sums due to the contractor, subcontractor or materialman as may be reasonably requested by Lender or by the title company issuing the Title Insurance Policy, and Lender receives an endorsement to the Title Insurance Policy insuring the continued priority of the lien of the Mortgage and evidence of payment of any premium payable for such endorsement. If required by Lender, the release of any such portion of the Casualty Retainage shall be approved by the surety company, if any, which has issued a payment or performance bond with respect to the contractor, subcontractor or materialman.

  • Advance Reimbursement Amounts As defined in Section 3.29 hereof.

  • Fixed Amounts has the meaning assigned to such term in Section 1.07(b).

  • Required Daily Deposit Target Finance Charge Amount means, for any day in a Due Period, an amount equal to the Class A Tranche Interest Allocation for the related Distribution Date; provided, however, that for purposes of determining the Required Daily Deposit Target Finance Charge Amount on any day on which the Class A Tranche Interest Allocation cannot be determined because the LIBOR Determination Date for the applicable Interest Accrual Period has not yet occurred, the Required Daily Deposit Target Finance Charge Amount shall be the Class A Tranche Interest Allocation determined based on a pro forma calculation made on the assumption that LIBOR will be LIBOR for the applicable period determined on the first day of such calendar month, multiplied by 1.25.

  • Retainage means that portion of the purchase price of an Export Order that a Buyer is not obligated to pay until the end of a specified period of time following the satisfactory performance under such Export Order.

  • Undisputed Amounts has the meaning set forth in Section 2.04(c)(iii).

  • Net Finance Charges means, for the Reference Period, the Finance Charges according to the latest Financial Report(s), after deducting any interest payable for that Reference Period to any member of the Group and any interest income relating to cash or cash equivalent investment.

  • Available Amounts means, with respect to any Distribution Date, the sum of Available Interest and Available Principal for such Distribution Date.

  • Seller’s Account means such account as the Seller may specify to the Guarantor from time to time;

  • Servicing Advance Reimbursement Amounts As defined in Section 3.22.

  • Reimbursement Amounts As defined in Section 3.22.

  • Monthly Debt Service Payment Amount means, for each Monthly Payment Date, an amount equal to the amount of interest which is then due on all the Components of the Loan in the aggregate for the Interest Period during which such Monthly Payment Date occurs.

  • Casualty Amount means five hundred thousand Dollars (USD500,000) (or the equivalent in any other currency);

  • Adjustment Escrow Account means the escrow account established pursuant to the Escrow Agreement in respect of the Adjustment Escrow Amount.

  • Excess Amounts means Available Monies after distributions made in accordance with Section 7.05.

  • Insured Amounts means, with respect to any Distribution Date, the Deficiency Amount for such Distribution Date.

  • Advance Reimbursement Amount has the meaning stated in Section 4.4(b) of the Servicing Supplement.

  • Monthly Shared-Loss Amount means the change in the Cumulative Shared- Loss Amount from the beginning of each month to the end of each month.

  • Withheld Amounts shall have the meaning assigned to such term in Section 3.

  • Lease Payments means the rental payments described in Exhibit A hereto.

  • Allocated Loss Adjustment Expenses or “ALAE” means all court costs and court expenses; pre- and post-judgement interest; fees for service of process; attorneys’ fees; cost of undercover operative and detective services, costs of employing experts; costs for legal transcripts; costs for copies of any public records; costs of depositions and court-reported or recorded statements; costs and expenses of subrogation; and any similar fee, cost or expense reasonably chargeable to the investigation, negotiation, settlement or defense of a loss or a claim or suit against you, or to the protection and perfection of your or our subrogation rights.

  • Available Collections means, for any Distribution Date, (i) all Obligor payments received with respect to the Receivables during the preceding Collection Period, (ii) all Liquidation Proceeds received with respect to the Receivables during the preceding Collection Period, (iii) all interest earned on funds on deposit in the Collection Account during the preceding Collection Period, (iv) the aggregate Purchase Amount deposited in the Collection Account on the preceding Distribution Date, (v) all prepayments received with respect to the Receivables during the preceding Collection Period attributable to any refunded item included in the Amount Financed (including amounts received as a result of rebates of extended service plan contract costs and insurance premiums and proceeds received under physical damage, theft, GAP, credit life and credit disability insurance policies), and (vi) all Simple Interest Advances deposited into the Collection Account by the Servicer on the Business Day preceding such Distribution Date; provided, however, that Available Collections for any Distribution Date shall not include any payments or other amounts (including Liquidation Proceeds) received with respect to any Purchased Receivable for the Collection Period during which the related Purchase Amount was deposited by the Seller into the Collection Account; provided further, that Available Collections for any Distribution Date shall not include any payments or other amounts (including Liquidation Proceeds) received with respect to any Receivable to the extent that the Servicer has made an unreimbursed Simple Interest Advance with respect to such Receivable and is entitled to reimbursement from such payments or other amounts pursuant to Section 4.4 of the Sale and Servicing Agreement; and, provided further, that Available Collections for any Distribution Date shall not include any payments or other amounts (including Liquidation Proceeds) received with respect to the Receivables that are retained by the Servicer as reimbursement for Unreimbursed Servicer Advances pursuant to Section 4.4 of the Sale and Servicing Agreement; provided, further, however, that Available Collections for any Distribution Date will exclude any Supplemental Servicing Fees.

  • Minimum Disbursement Amount means Twenty-Five Thousand and No/100 Dollars ($25,000).

  • Monthly Loss Amount means the sum of all Foreclosure Losses, Restructuring Losses, Short Sale Losses, Portfolio Losses, Modification Default Losses and Deficient Losses realized by the Assuming Institution for any Shared Loss Month.

  • Special Payments Account means the Eligible Deposit Account created pursuant to Section 2.2(a)(ii) as a sub-account to the Collection Account.

  • Excluded Amounts means: