Guaranteed Amount Sample Clauses

Guaranteed Amount. (1) The Guarantor hereby undertakes, under the provisions of Article 2321 of the French Civil Code, in consideration of the Guaranteed Obligations, to irrevocably and unconditionally pay to the Beneficiary, upon first demand, made in accordance with the terms and conditions stipulated in Article 2.1 of this Guarantee, all sums requested by the Beneficiary before the expiration date stipulated in Article 2.2 of this Guarantee, for up to a maximum cumulated amount of sixteen millions US Dollars ($16,000,000) (hereinafter, the “Guaranteed Amount”).
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Guaranteed Amount. Such amendment shall not require the written consent of the Guarantor or any holder and shall be deemed to have been automatically consented to by the Guarantor and each holder. The Guarantor agrees that the Guaranteed Obligations may at any time exceed the Maximum Guaranteed Amount without affecting or impairing the obligation of the Guarantor. “Maximum Guaranteed Amount” means as of the date of determination with respect to the Guarantor, the lesser of (a) the amount of the Guaranteed Obligations outstanding on such date and (b) the maximum amount that would not render the Guarantor’s liability under this Guarantee Agreement subject to avoidance under Section 548 of the United States Bankruptcy Code (or any successor provision) or any comparable provision of applicable state law.
Guaranteed Amount. As additional consideration for the services and obligations of Distributor under this Agreement, TMC guarantees that in each twelve month period (or portion thereof) during the term of this Agreement, beginning on October 1, 2007, Distributor will earn, in addition to the Monthly Management Fee, an amount equal to the greater of (A) [**] multiplied by Distributor’s Angiomax sales for the applicable twelve month period (or portion thereof), measured at then current WAC (the “Guaranteed Amount”), and (B) [**]; provided that (i) for the sole purpose of calculating the Guaranteed Amount, WAC shall be no less than the WAC in effect on the Effective Date, and (ii) the Incremental Margin shall not include any margin associated with special programs or Product inventory supplied to Distributor at a discount that is passed to the Distributor’s customers. In the event that the Incremental Margin is less the Guaranteed Amount for the applicable twelve month period (or portion thereof), Distributor will invoice TMC for the amount of the deficiency within 30 days following the end of such period, and TMC shall pay the invoiced deficiency to Distributor within 30 days after the date of the invoice. The Guaranteed Amount shall be renegotiated on an annual basis, effective October 1, 2008. Examples of calculation of the Guaranteed Amount: [**]
Guaranteed Amount. The total amount which may be recovered from the Guarantor under this Agreement and the other Finance Documents shall not exceed the then Guaranteed Amount.
Guaranteed Amount. CHT REIT’s liability under this Agreement shall be limited to the sum of (a) the then current outstanding principal balance of the Mezzanine Loan together with any accrued and unpaid interest thereon and any exit fee imposed by Mezzanine Lender, and (b) all costs and expenses of Lender (including, but not limited to, attorneys’ fees and expenses) related to the enforcement of this Agreement and collection of the sum described in clause (a) above (the sum of the amounts described in clauses (a) and (b) herein referred to as the “Guaranteed Amount”). Notwithstanding anything to the contrary contained herein, to the extent that at any time hereafter there are then funds in the Capital Raise Account, including, without limitation, funds deposited therein and interest earned thereon (collectively, the “Deposited Funds”) and either (i) (A) a Mezzanine Repayment Failure has occurred, and (B) Lender elects to deliver an Access Termination Notice and Disposition Instructions to Xxxxx Fargo causing the Deposited Funds (less the $5,000.00 minimum balance required by the Deposit Agreement) to be paid to Mezzanine Lender and applied against the amounts then due and owing under the Mezzanine Loan, or (ii) a Mezzanine Event of Default has occurred and Lender elects or is required in accordance with the terms hereof to deliver to Xxxxx Fargo an Access Termination Notice and Disposition Instructions causing the Deposited Funds (less the $5,000.00 minimum balance required by the Deposit Agreement) to be paid to Mezzanine Lender and applied against the amounts then due and owing under the Mezzanine Loan, then Lender agrees that the portion of the Guaranteed Amount described in clause (a) above shall be reduced by the amount of the Deposited Funds actually paid to Mezzanine Lender. It is hereby acknowledged and agreed that any and all of the Guaranteed Amount described in clause (a) herein that is paid by CHT REIT to Lender shall be immediately paid by Lender to the Mezzanine Lender in accordance with Paragraph 2 of this Agreement for application by Mezzanine Lender towards the Mezzanine Loan.
Guaranteed Amount. The Vendor further guaranteed that if there is any changes in the rental arrangement (related to Shining Bright or directly or indirectly controlled by the Vendor) currently adopted during the 1st
Guaranteed Amount. Fifteen Million Dollars ($15,000,000.00).
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Guaranteed Amount. Irrespective of Section ‎2.5.1 but subject to Section 9 and Section ‎11.12, Seller shall be entitled to a minimum payment equal to the Start-up Costs actually paid by Seller in accordance with Section ‎2.2 (the “Guaranteed Payment Amount”) as and when payable as follows:
Guaranteed Amount. If Executive is the Chief Executive Officer of the Company on September 30, 2005, the Company shall pay Executive on November 15, 2005 the amount by which the aggregate of the Basic Salary paid through September 30, 2005, plus the Bonus paid through November 15, 2005, is less than $2,000,000 (the “Guaranteed Amount”). The Guaranteed Amount shall be paid in cash unless the Committee determines in good faith that the payment of the Guaranteed Amount in cash (i) would render the Company insolvent, or (ii) leave the Company unable to meet its obligation as they accrue, or (iii) would violate the provisions of an agreement to which the Company is a party which had been approved by Executive, in which event the Guaranteed Amount shall be paid in the form of shares of common stock of the Company valued at Fair Market Value by the Committee, or in the event such form of payment is deemed by the Committee, in good faith, to be unavailable or not desirable, then in the form of five year subordinated notes with an interest rate equal to the prime or base rate of interest charged by banks with their main offices located in the City of New York, as reported in the Wall Street Journal or a similar publication, such notes to provide that all principal and interest thereon shall be paid at maturity. 5.5
Guaranteed Amount. Initially the amount of Fifteen Million Dollars ($15,000,000.00) which shall apply to the last portion or dollars of the Obligations collected by Bank, subject to reduction on a Guaranty Reduction Trigger Date as specified therein. After a Guaranty Reduction Trigger Date, the Guaranteed Amount shall be reduced or eliminated as set forth more fully in paragraph 1.15.
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