Cash Amount. The Participant hereby agrees that, in connection with a Purchase Order for a Fund investing only in securities of issuers domiciled in the United States (“Domestic Fund”), whether for itself or any party for which it acts, it will make available on or before the date as specified in the Prospectus upon which delivery of Deposit Securities, Shares and/or any cash component, as applicable, must be made by the Participant to the Trust (the “Contractual Settlement Date”), immediately available or same day funds sufficient to pay the Balancing Amount, together with the applicable Transaction Fee. The Participant hereby agrees that, in connection with a Purchase Order for a Fund not investing only in securities of issuers domiciled in the United States (“Global Fund”), whether for itself or any party for which it acts, it will make available at least one day before the Contractual Settlement Date, immediately available or same day funds sufficient to pay the Balancing Amount, together with the applicable Transaction Fee. Any excess funds will be promptly returned following settlement of the Purchase Order. The Participant should ascertain the applicable deadline for cash transfers by contacting the operations department of the broker or depositary institution effectuating the transfer of the Balancing Amount. The Participant hereby agrees to ensure that the Balancing Amount will be received by the issuing Fund in accordance with the terms of the Fund Documents and this Agreement, and in the event payment of such Balancing Amount has not been so made, the Participant agrees on behalf of itself or any party for which it acts in connection with a Purchase Order to promptly pay the Balancing Amount.
Cash Amount. The Participant hereby agrees that, in connection with a Purchase Order for a Fund investing only in securities of issuers domiciled in the United States (“Domestic Fund”), whether for itself or any party for which it acts, it will make available on or before the contractual settlement date (the “Contractual Settlement Date”), immediately available or same day funds estimated by the Trust to be sufficient to pay the Balancing Amount next determined after acceptance of the Purchase Order, together with the applicable Transaction Fee. The Participant hereby agrees that, in connection with a Purchase Order for a Global Fund, whether for itself or any party for which it acts, it will make available at least one day before the Contractual Settlement Date, immediately available or same day funds estimated by the Trust to be sufficient to pay the Balancing Amount next determined after acceptance of the Purchase Order, together with the applicable Transaction Fee. Any excess funds will be returned following settlement of the Purchase Order. The Participant should ascertain the applicable deadline for cash transfers by contacting the operations department of the broker or depositary institution effectuating the transfer of the Balancing Amount. The Participant hereby agrees to ensure that the Balancing Amount will be received by the issuing Fund in accordance with the terms of the Fund Documents and this Agreement, and in the event payment of such Balancing Amount has not been so made, the Participant agrees on behalf of itself or any party for which it acts in connection with a Purchase Order to pay the amount of the Balancing Amount, plus other reasonable costs and interest, as computed at such reasonable rate as may be specified by the Fund from time to time. The Participant shall be liable to the Custodian, any sub-custodian or the Trust for any amounts advanced by the Custodian or any sub-custodian in its sole discretion to the Participant for payment of the amounts due and owing for the Balancing Amount. Computation of the Balancing Amount shall exclude any taxes, duties or other fees and expenses payable upon the transfer of beneficial ownership of the Deposit Securities, which shall be the sole responsibility of the Participant and not the Trust.
Cash Amount. The Cash Amount as provided in Section 2.5 of this Agreement;
Cash Amount. 3 Certificate....................................................................3
Cash Amount. The Participant hereby agrees that, in connection with a Purchase Order for a Fund investing only in securities of issuers domiciled in the United States ("Domestic Fund"), it will make available on or before the date as specified in the Prospectus upon which delivery of Deposit Securities, Shares and/or any cash component, as applicable, must be made by the Participant to the Trust (the "Contractual Settlement Date"), immediately available or same-day funds sufficient to pay the Balancing Amount, together with the applicable Transaction Fee. The Participant hereby agrees that, In connection with a Purchase Order for a Global Fund, it will make available at least one day before the Contractual Settlement Date, immediately available or same-day funds sufficient to pay the Balancing Amount, together with the applicable Transaction Fee. Any excess funds will be promptly returned following settlement of the Purchase Order. The Participant hereby agrees to ensure that the Balancing Amount will be received by the issuing Fund in accordance with the terms of the Fund Documents and this Agreement, and in the event payment of such Balancing Amount has not been so made, the Participant agrees to promptly pay the Balancing Amount together with the applicable Transaction Fee.
Cash Amount. Protection One shall have received the Cash Amount (i) by wire transfer in immediately available funds to a bank account designated by Protection One pursuant to written instructions delivered by Protection One to Western not fewer than two business days prior to the Closing Date and (ii) by delivery to Protection One of certificates representing the Investment Shares, duly endorsed in blank or accompanied by stock powers in blank with all necessary transfer stamps affixed thereto (at the expense of Western), and such other instruments or documents as are necessary to transfer such securities to Protection One free and clear of any Liens.
Cash Amount. Cash Amount" shall have the meaning set forth in the Merger Agreement.
Cash Amount. 4 Certificate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Certificates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Cash Amount. At the actual time of Closing, the Cash Amount shall be transferred to HBR from IWRA.
Cash Amount. (a) The Assets shall include the amount of cash equal ----------- to the following (the "Cash Amount"):
(i) the amount of revenues (or estimated revenues as agreed) received by Union Oil in connection with sales of oil, gas and/or other minerals and associated products from the Assets, together with any other revenue from the Assets, with respect to production and/or operations on or after January 1, 2000 through the Closing Date; plus
(ii) the amount of legal suspense as of the Closing Date; less
(iii) the amount of expenditures (or estimated expenditures as agreed) paid by Union Oil that are attributable to the Assets for the period beginning on January 1, 2000 and ending on the Closing Date, including, without limitation, royalties, taxes, rentals and similar charges and expenses, including those billed under applicable operating agreements, and all prepaid expenses.
(b) Three days prior to, and for the purposes of, the Closing, Union Oil and Titan shall determine, based upon the best information reasonably available to them, the amount of the Cash Amount. In the event that the Cash Amount determined at Closing is a negative number, such amount shall be an outstanding obligation of the Company payable, if applicable, to Union Oil in accordance with Section 2.4(d).
(c) On or before February 15, 2001, Union Oil and the Company shall review any additional information which may then be available pertaining to the Cash Amount, and the Company shall prepare and deliver to Union Oil a reconciliation of the Cash Amount to determine whether any adjustment should be made to the Cash Amount as it was determined for the Closing (whether the same be made to account for funds received and expenditures paid that are attributable to the operations of the Assets for the period from and after January 1, 2000 until the Closing Date that were not considered in making the determination of the Cash Amount at Closing, or to correct errors made in such determination). In the event that Union Oil acting in good faith disputes the reconciliation prepared by the Company, Union Oil shall give written notice thereof to the Company on or before the tenth Business Day after the reconciliation was given to Union Oil, which notice shall set forth the basis for such dispute in reasonable detail. Union Oil and the Company shall use all reasonable efforts to resolve any such dispute, but if any such dispute cannot be resolved by such parties within ten Business Days after the date the dis...
