Alternative Payment. If you fully complied with the requirements in subsections (b), (c), and (h) and the arbitrator issues an award in your favor that is greater than the value of Frontier’s last written settlement offer made before an arbitrator was selected (or awards you any relief if Frontier did not make you a settlement offer), then Frontier will pay you $5,000 in lieu of any smaller award (“the Alternative Payment”). The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of attorneys’ fees, expenses, and the Alternative Payment at any time during the proceeding and upon request from either party made within fourteen (14) days of the arbitrators’ ruling on the merits. In assessing whether you are entitled to the Alternative Payment, the arbitrator shall not consider amounts offered for or awarded in attorneys’ fees or costs.
Alternative Payment. Should the Company not pay the Holder the Principal and Interest during the Cash Repayment Period, the Holder will hold the right to receive payment as outlined herein (the “Alternative Payment Stake”) or (“Buy Out Option”).
Alternative Payment. Arrangements If, at any time, it shall become impracticable (by reason of any action of any governmental authority or any change in law, exchange control regulations or any similar event) for the Borrower to make any payments hereunder in the manner specified in Clause 18.1 (Payments to the Agent), then the Borrower may agree with each or any of the Banks alternative arrangements for the payment direct to such Bank of amounts due to such Bank hereunder Provided that, in the absence of any such agreement with any Bank, the Borrower shall be obliged to make all payments due to such Bank in the manner specified herein. Upon reaching such agreement the Borrower and such Bank shall immediately notify the Agent thereof and shall thereafter promptly notify the Agent of all payments made direct to such Bank.
Alternative Payment. ARRANGEMENTS If, at any time, it shall become impracticable (by reason of any action of any governmental authority or any change in law, exchange control regulations or any similar event) for any or all of the Obligors to make any payments hereunder in the manner specified in Clause 29.1 (Payments to the Agents), then such Obligor may agree with each or any of the Banks alternative arrangements for the payment direct to such Bank of amounts due to such Bank hereunder Provided that, in the absence of any such agreement with any Bank, such Obligor shall be obliged to make all payments due to such Bank in the manner specified herein. Upon reaching such agreement such Obligor and such Bank shall immediately notify the appropriate Agent thereof and shall thereafter promptly notify such Agent of all payments made direct to such Bank.
Alternative Payment. If you fully complied with the requirements in subsections (b), (c), and (h) and the arbitrator issues an award in your favor that is greater than the value of Frontier’s last written settlement offer made before an arbitrator was selected (or awards you any relief if Frontier did not make you a settlement offer), then Frontier will pay you $5,000 in lieu of any smaller award (“the Alternative Payment”). The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of attorneys’ fees, expenses, and the Alternative Payment at any time during the proceeding and upon request from either party made within fourteen
Alternative Payment. (i) In connection with the Contribution, the Contributor shall give each limited partner of the Contributor’s general partners (each, a “Limited Partner”) an opportunity to waive its right to receive any or all of the Consideration otherwise ultimately distributable to it in cash and elect to receive such waived portion of the Consideration directly from Parent in the form of Partnership Common Units of Parent (“OP Units”). Contributor and Parent agree to provide each Limited Partner with documentation sufficient to indicate any such waiver and election. Contributor further agrees to, and hereby does, waive its right to receive any Consideration that would be distributable to any Limited Partner that has waived its right to receive such Consideration in cash and elected to receive it directly from Parent in the form of OP Units (any such Limited Partner, an “Electing Limited Partner”). Parent hereby agrees to issue and deliver directly to each Electing Limited Partner that number of OP Units equal to (A) the amount of cash Consideration the receipt of which was waived in such Electing Limited Partner’s waiver and election documentation divided by (B) the Average Daily Closing Price; provided that such issuance and delivery does not violate any state securities laws, in which event all parties hereto shall be entitled to disregard such waiver and election and proceed with the Contribution and resulting cash distributions as if such waiver and election had not been delivered by such Electing Limited Partner. Any certificate evidencing OP Units issued to an Electing Limited Partner shall contain such legends and restrictions as may be required by federal or state securities laws or the governing documents of Parent. “Average Daily Closing Price” means the average of the closing prices per share of the Class A Common Stock of Apartment and Investment Management Company, a Maryland corporation, on the New York Stock Exchange as reported by the Wall Street Journal (or, if not reported thereby, any other authoritative source as the parties shall agree in writing) for the twenty (20) consecutive full trading days in which such shares are traded on the New York Stock Exchange ending on the second trading day, prior to, but not including, the Closing Date.
Alternative Payment. In the event that the Earnout Shares are in the aggregate a number of shares of Issuer Stock that would exceed the number of shares that the Issuer may issue under the applicable rules and regulations of NASDAQ or such other securities exchange on which the Issuer Stock then trades (the “Exchange Cap”), then, upon determination of the Earnout Amount in accordance with Sections 2 and 3, the Issuer shall issue to Recipient such maximum number of shares as would not cause the aggregate number of Issuer’s issued and outstanding shares to exceed the Exchange Cap (the “Maximum Issuable Shares”) and pay Recipients an amount in cash equal to the product of (a) the average of the 20 prior trading day closing prices of the Issuer and (b) the difference between the Earnout Shares and the Maximum Issuable Shares; provided that the foregoing shall not apply if the Issuer obtains the approval of its shareholders as required by the applicable rules and regulations of the NASDAQ or other applicable exchange for issuances of shares of common stock in excess of the Exchange Cap.
Alternative Payment. The Executive agrees that up to One Hundred Percent (100%) of such Compensation payable in accordance with Article 2.a above may, at the discretion of the Executive, be a value at the time of payment equal to the value of such unpaid (cash) Compensation (“Stock Based Payment”). Securities issued to the Executive in connection with the Stock Based Payment shall be priced at One (1.00) US Dollar per share.
Alternative Payment. Arrangements If, at any time, it shall become impracticable (by reason of any action of any governmental agency or any change in law, exchange control regulations or any similar event) for the RMB Borrower to make any payments hereunder in the manner specified in Clause 8.2 (Payments to the Administrative Agent), then the RMB Borrower may agree with each or any of the RMB Lenders alternative arrangements for the payment directly to such RMB Lender of amounts due to such RMB Lender hereunder, provided that, in the absence of any such agreement with any RMB Lender, the RXX Xxxxxxxx xxxxx xx obliged to make all payments due to such RMB Lender in the manner specified herein. Upon such agreement being reached between the RMB Borrower and a RMB Lender, the RMB Borrower and such RMB Lender shall immediately notify the RMB Settlement Agent thereof and shall thereafter promptly notify the RMB Settlement Agent of all payments made directly to such RMB Lender.
Alternative Payment. Notwithstanding the foregoing, Landlord has the right to notify Tenant on a monthly or other basis of the actual amount Landlord has expended for all Common Area costs incurred during the previous month or period. Such notice shall also set forth Tenant's pro rata share of such actual costs. Upon receipt of such statement, Tenant shall pay with the next monthly installment of rent Tenant's pro rata share of the actual Common Area costs incurred during the previous month or period.
