Election; Payment Sample Clauses

Election; Payment. At any time during the Election Period and from time to time, PathNet, in its sole discretion, shall have the right to pay Incumbent any amount of the Incumbent Out-of-Pocket Path Funding for the right to additional future Revenue from the sale of Excess Capacity on the System, provided any such payment shall be included as part of PathNet Funding (and the Incumbent Out-of-Pocket Funding shall be recalculated) and the percentage Revenue paid to Incumbent shall be adjusted pursuant to SECTION 5.1.1 to reflect an increase in PathNet Allocable Revenue Percentage. As of the date of completion of the Election Period or at any time during the Election Period, PathNet, in its sole discretion, shall pay Incumbent an amount equal to the current Incumbent Out-of-Pocket Path Funding for the applicable paths (as such Funding may be adjusted pursuant to any and all additional PathNet Funding) on at least ninety (90%) percent of Incumbent's Paths comprising Segment A of the System ("Election Payment"), provided the percentage Revenue paid to Incumbent shall be adjusted pursuant to SECTION 5.1.1. If PathNet fails to pay the Election Payment upon completion of the Election Period, Incumbent shall have the right to terminate this Agreement.
Sample 1Sample 2
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Election; Payment. The Purchaser and the Seller shall join in an election with respect to each member of the Company Group pursuant to section 338(h)(10) of the Code, and the Purchaser shall and the Seller shall (or shall cause the proper Non-Company Affiliate to) join in all comparable elections under state and local Income Tax law (the "Section 338(h)(10) Election") and, if applicable, any Additional Section 338 Election. The Seller shall be responsible for and shall indemnify the Purchaser and the Company Group from any Losses arising from any Section 338(h)(10) Election or
Sample 1
Election; Payment. (a) Each person who, immediately before the Effective Time, is (i) an Optionholder and either an employee or director of the Company or an individual listed on Exhibit I or (ii) a record holder of Shares shall be entitled, with respect to all or any portion of such Shares or Company Stock Options, to make, as applicable, an irrevocable Earn Out Election, Cash Election, Earn Out Option Election or Cash Option Election on or prior to the Election Date, on the basis hereinafter set forth; provided, that all Mandatory Cash Options shall be deemed to be Cash Options. Each person who, immediately before the Effective Time, is an Optionholder who is not either an employee or director of the Company or an individual listed on Exhibit I shall not be entitled to make any such elections and all Company Stock Options held by such persons shall be deemed to be Cash Options.
Sample 1
Election; Payment. If the Section 338(h)(10) Election is made, the Buyer shall pay to each Seller such Seller's Pro Rata Portion of an amount equal to any additional Tax payable by the Sellers on the sale of the Interests in excess of the Tax that would have been incurred on the sale of the Interests had no Section 338(h)(10) Election been made (taking into account, without limitation any additional Taxes incurred as a result of the receipt of such payment) (the “Election Payment”). The Election Payment shall be paid by the Buyer to the Sellers as soon as practicable following the filing of the Election Forms but, in no event, later than April 1, 2016.
Sample 1

Related to Election; Payment

  • Contribution Payment To the extent the indemnification provided for under any provision of this Agreement is determined (in the manner hereinabove provided) not to be permitted under applicable law, the Company, in lieu of indemnifying Indemnitee, shall, to the extent permitted by law, contribute to the amount of any and all Indemnifiable Liabilities incurred or paid by Indemnitee for which such indemnification is not permitted. The amount the Company contributes shall be in such proportion as is appropriate to reflect the relative fault of Indemnitee, on the one hand, and of the Company and any and all other parties (including officers and directors of the Company other than Indemnitee) who may be at fault (collectively, including the Company, the "Third Parties"), on the other hand.

  • Termination Payment The final payment delivered to the Certificateholders on the Termination Date pursuant to the procedures set forth in Section 9.01(b).

  • Separation Payment Except with respect to the Accrued Benefits as defined in the Employment Agreement, if you sign this Agreement, agreeing to be bound by the General Release in Paragraph 3 below and the other terms and conditions of this Agreement described below, and comply with the requirements of this Paragraph 2 (other than the Accrued Benefits), you will receive the compensation and benefits as contemplated by the Employment Agreement. You will not be eligible for the payment and benefits described in this Paragraph 2 unless: (i) you sign this Agreement no later than twenty-one (21) days after you receive it, promptly return the Agreement to the Company after you sign it, and do not timely revoke it; and (ii) you have returned all Company property and documents in accordance with Paragraph 15 below.

  • Non-Payment The Borrower or any other Loan Party fails to pay (i) when and as required to be paid herein, any amount of principal of any Loan or any L/C Obligation, or (ii) within three days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or (iii) within five days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or

  • Termination Payments In the event of termination of the Executive’s employment during the Employment Period, all compensation and benefits set forth in this Agreement shall terminate except as specifically provided in this Section 8.

  • Down Payment The Mortgagor has contributed at least 5% of the purchase price for the Mortgaged Property with his/her own funds.

  • Redemption Payments Upon receipt of monies paid to it by the Custodian with respect to any redemption of Series shares, pay or cause such monies to be paid pursuant to instructions by the appropriate Account or Institution.

  • Payment Amount Each Restricted Stock Unit represents one (1) Share of Common Stock.

  • Retention Payment If Employee remains employed by Company or its subsidiaries on the first anniversary of the Closing Date, then Company shall pay to Employee in a lump sum within five (5) business days thereafter, an amount equal to $460,000 (the “Retention Payment”).

  • Installment Payments Notwithstanding Section 3.01, the Executive may elect by written notice to receive any payments due to him hereunder by way of periodic or installment payments.

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