Buy-Down. At the Employer’s discretion, employees may be offered a lump sum payment through a buy-down program which will be designed to transition employees from the economic terms of Safeway collective agreement to the converted store’s collective agreement. Should an employee select this option, they will be subject to all terms and conditions under the converted store’s collective agreement. The Union will be notified of all aspects of these offers.
Buy-Down. Immediately upon payment by Celgene of the “Buy-Down Payment” (as defined in the ACE-011 Agreement) pursuant to the ACE-011 Agreement, the royalty payments to be paid by Celgene to Acceleron under Section 5.6.1 shall be replaced with the following royalty payments:
Buy-Down. The Payor shall have the absolute right, in its sole and absolute discretion, to purchase one and one-half percent (1½%) of the Royalty, leaving the Payee with a one percent (1%) remaining Royalty, at any time upon payment to the Payee of Three Million U.S. Dollars (US$3,000,000.00). Upon receipt of such payment the Payee shall execute and deliver to Payor a release of the portion of the Royalty so purchased.
Buy-Down. The Seller shall have the right (the “Buy-Down Right”) to reduce the amount of Refined Copper to be delivered and sold by the Seller to the Purchaser under this Agreement by 50% from and after the Buy-Down Effective Date by paying to the Purchaser the Buy-Down Amount up to ninety (90) days following the first Expansion Production Date with respect to an Expansion for which the Nominated Nameplate Production Capacity is greater than or equal to 50 Mlbspa (the “Buy-Down Right Deadline”). The Seller may exercise the Buy-Down Right once, by providing written notice of such exercise to the Purchaser on or before the day that is fifteen (15) days following the first Expansion Production Date with respect to an Expansion for which the Nominated Nameplate Production Capacity is greater than or equal to 50 Mlbspa. The exercise of the Buy-Down Right shall set out an effective date (the “Buy-Down Effective Date”) not later than the Buy-Down Right Deadline and shall be irrevocable once such notice is delivered to the Purchaser. The Seller shall pay the Buy-Down Amount to the Purchaser no later than the Buy-Down Effective Date, failing which the exercise of the Buy-Down Right will be null and void and the Seller will be deemed to have waived any future right to exercise the Buy-Down Right. 38821-2007 25879515.13
Buy-Down. At COMPANY’S sole discretion at any time during the Royalty Term (within [**] days of any Approval, as provided for below), COMPANY may elect (the “Buy Down Election”) to pay to Selexis [**] Euros (€[**]) pursuant to the payment schedule below, and effective upon receipt by Selexis of such Buy Down Election (“Buy Down Effective Date”) COMPANY’S obligations under Section 3.1.3 will be eliminated in their entirety. COMPANY may exercise this Buy Down Election by providing Selexis with written notification of such Election within [**] days following receipt of any Approval. Within [**] months from the date of the Buy Down Effective Date: [**] Euros (€[**]) Within [**] months from the date of the Buy Down Effective Date: an additional [**] Euros (€[**])
Buy-Down. Contemporaneously with Owner’s review of the Work and the Casino Hotel, Construction Manager and Owner shall together identify any and all items of work that Owner and Construction Manager mutually agree require completion or contain a defect, the omission of which would not adversely affect the operation of the Casino Hotel but which must be completed to achieve Completion (the “Buy-Down Items”) and a respective value for each Buy-Down Item. Owner may, in its sole discretion, require that Construction Manager pay to Owner an amount equal one hundred and fifty percent (150%) of the value specified for certain Buy-Down Items in lieu of completing such Buy-Down Items in order to achieve Completion in accordance with Section 9.3.
Buy-Down. Immediately upon payment by Celgene of the “Buy-Down Payment” (as defined in the ACE-011 Agreement) pursuant to the ACE-011 Agreement, the royalty payments to be paid by Celgene to Acceleron under Section 5.6.1 shall be replaced with the following royalty payments: CERTAIN CONFIDENTIAL PORTIONS OF THIS EXHIBIT HAVE BEEN OMITTED AND REPLACED WITH “[* * *]”. SUCH IDENTIFIED INFORMATION HAS BEEN EXCLUDED FROM THIS EXHIBIT BECAUSE IT IS (I) NOT MATERIAL AND (II) WOULD LIKELY CAUSE COMPETITIVE HARM TO THE COMPANY IF DISCLOSED.
Buy-Down. 22.2.2.1 If, before the Date Certain,
Buy-Down. Contemporaneously with Owner's review of the Work and the Casino Hotel, Construction Manager and Owner shall together identify any and all items of Work that Owner and Construction Manager mutually agree require completion or contain a Defect, the omission of which would not adversely affect the operation of the Casino Hotel but which must be completed to achieve Completion (the "Buy-Down Items") and a respective value for each Buy-Down Item. Construction Manager shall thereafter complete any Work necessary to complete the Buy-Down Items; provided, however, that Construction Manager may elect in its sole discretion, by written notice delivered to Owner within ten (10) Days after the Buy-Down Items are agreed upon, to pay to Owner an amount equal one hundred and fifty percent (150%) of the value specified for any or all Buy-Down Items in lieu of completing such Buy-Down Items in order to achieve Completion of Phase One or Phase Two in accordance with Section 9.3."
Buy-Down. If Seller established the Commercial Operation Date with less than the Installed Capacity but equal to or more than the Minimum Capacity, then Seller shall have an additional sixty (60) days after the Commercial Operation Date to complete construction and commissioning of Wind Turbines up to an aggregate nameplate capacity equal to at least one hundred percent (100%) of the Installed Capacity provided that Seller may, if it elects to do so in its sole and absolute discretion, pay to MP at any time on or before the sixtieth (60th) Day after the Commercial Operation Date a one-time capacity buy-down payment equal to (A) the number of MWs equal to the Installed Capacity less MP’s Percentage of the Rated Capacity of the Wind Turbines and associated equipment that has been completed at the beginning of the Day the payment is made multiplied by (B) [TRADE SECRET DATA EXCISED] (the “Capacity Buy- Down Payment”), in which case the Installed Capacity shall for all purposes be equal to MP’s Percentage of the Rated Capacity at the time of the Capacity Buy-Down Payment. The Capacity Buy-Down Payment shall not be subject to the Aggregate Damage Limitation under Section 11.5.
