Contingent Payment Agreement. The Contingent Payment Agreement shall have been executed by each other party thereto and shall be in full force and effect.
Contingent Payment Agreement. The Contingent Payment Agreement dated November 19, 1993 between the Company and Hellxx Xxxancial, Inc. shall have been terminated and neither the Company nor any Subsidiary shall have any liability arising under or with respect to such agreement.
Contingent Payment Agreement. (a)Subject to the provisions of Section 4.6(b) of this Lease, Contingent Payment Party shall pay Landlord four and 99/100 percent (4.99%) of the Proceeds of Major Capital Events (each a "Contingent Payment"). To the extent Contingent Payment Party is not prohibited from doing so under applicable law or contractual obligation, Contingent Payment Party shall provide to Landlord reasonable advance written notice of a proposed Capital Transaction prior to the closing of such Capital Transaction. In all cases, Contingent Payment Party must provide written notice to Landlord of a Capital Transaction no later than the closing date of such Capital Transaction. Each Contingent Payment shall be paid to Landlord within 30 days after the closing date of the Capital Transaction giving rise to the Contingent Payment. Contingent Payment Party shall not determine Proceeds of Major Capital Events in a manner that is Discriminatory to Landlord. Notwithstanding anything to the contrary herein, it is agreed that neither Landlord nor the City shall be entitled to an equity or ownership interest in Tenant or Casino Subtenant and that the Contingent Payments provided in this Section 4.6 constitute additional consideration under this Lease. Notwithstanding anything to the contrary set forth in this Lease, following the consummation of the VICI Sale-Leaseback Transaction, Tenant shall have no liability whatsoever, and Landlord shall not be permitted to pursue any right or remedy against Tenant, in the event any amount due under this Section 4.6(a) is not paid as and when required hereunder; provided however that nothing in this Section 4.6(a) shall be deemed to prevent Landlord from exercising its rights set forth in Section 21.5(a)(i) of this Lease and its remedies associated therewith, and Landlord shall be entitled to exercise all such rights and remedies.
Contingent Payment Agreement. Concurrently with the execution of this Agreement, each of the Founders shall have executed and delivered to Parent a Contingent Payment Agreement, all such agreements shall be in full force and effect, effective as of the Effective Time, and no Founder shall have challenged the enforceability thereof or threatened to challenge such enforceability.
Contingent Payment Agreement. Nemaxxxx xxxll have duly executed and delivered the Contingent Payment Agreement substantially in the form of Exhibit D hereto.
Contingent Payment Agreement. The Purchaser and each other party ---------------------------- (other than the Company) to the Contingent Payment Agreement shall have executed and delivered the Contingent Payment Agreement.
Contingent Payment Agreement. The Seller shall have confirmed in writing to Ferrellgas and BofA that the obligations of (i) Ferrellgas under the Contingent Payment Agreement and (ii) BofA under the related Assignment Agreement dated as of November 7, 1999 between the Seller and BofA, have in each case been terminated as of the Effective Date.
Contingent Payment Agreement. This Contingent Payment Agreement (this “Agreement”) is entered into as of September 19, 2006 by and among Addus Holding Corporation, a Delaware corporation (“Holdings”), Addus Acquisition Corporation, a Delaware corporation (“Acquisition Co.”), Addus Management Corporation, a Delaware corporation (“Management Co.”, and together with Holdings and Acquisition Co., the “Purchasers”), Addus HealthCare, Inc., an Illinois corporation (the “Company”), W. Xxxxxx Xxxxxx, III, as Sellers’ Representative (the “Sellers’ Representative”) and each of the individuals and entities identified as “Contingent Payment Recipients” set forth on Exhibit A attached hereto (each a “Contingent Payment Recipient”, and collectively, the “Contingent Payment Recipients”).
Contingent Payment Agreement. 77 9.18 Applications under Insolvency Statutes..........................77 9.19
Contingent Payment Agreement. (a) In connection with the acquisition by Parent of the Capital Stock of the predecessor of PAI, pursuant to a stock purchase agreement, dated as of March 24, 1995, the former stockholders of such predecessor (the "Sellers") agreed to indemnify Parent and its Affiliates for certain environmental liabilities that result from discharges of hazardous materials, or violations of Environmental Laws, arising prior to April 20, 1995, from or relating to certain of the Real Property or arising before or after April 20, 1995 with respect to certain environmental liabilities relating to certain properties and interests (the "Contingent Payment Properties") held by Parent or its Affiliates for the benefit of Sellers. Amounts payable pursuant to such indemnity will generally be payable as follows: (i) out of certain reserves established on PAI's balance sheet at December 31, 1994, (ii) either by offset against the amounts payable under the Seller Notes or from amounts held in an account (the "Contingent Payment Account") established for the deposit of proceeds from the Contingent Payment Properties, and (iii) in certain circumstances and subject to specified limitations, out of the personal assets of the Sellers. Parent will not receive any of the economic benefits from the Contingent Payment Properties, except that certain environmental and other indemnification obligations of the Sellers to Parent may be satisfied from proceeds from such investments and except to the extent that such investments are owned by Parent on April 20, 2015. As of December 31, 1998, such proceeds, which are held by Parent in the Contingent Payment Account as collateral for any indemnification obligations of the Sellers to the Parent, amounted to approximately $5,700,000.
