Payment to Buyer. Seller will pay Buyer in immediately available funds.
Payment to Buyer. The Invoice referred to in Section 9.2.1 (Invoicing and Payment) above shall deduct any amounts owing to Buyer from amounts due to Supplier and shall indicate the net payment due Supplier or Buyer, as applicable. Supplier shall provide supporting data in reasonable detail to support its calculations of any amounts owing to Buyer. Any payment due to Buyer shall be made within thirty (30) calendar days of the date of the Invoice.
Payment to Buyer. 62 ARTICLE 14 MISCELLANEOUS....................................................... 63
Payment to Buyer. In the event of any termination of this Agreement, except as provided in Section 12.3 hereof, the Deposit plus all interest earned thereon shall be paid to Buyer upon such termination. In addition, if all the conditions to Sellers' obligations under this Agreement set forth in Article VII have been satisfied on or before December 31, 1996, or any mutual extension thereof, and either of the Sellers fails materially to perform its obligations hereunder, Buyer may elect to terminate this Agreement pursuant to Section 11.1(b) and upon such termination (a) subject to the terms and provisions of the Escrow Agreement (Deposit), Buyer may direct the Escrow Agent (Deposit) to deliver the Deposit plus all interest earned thereon to Buyer in accordance with the written instructions of Buyer and (b) unless such termination is as a result of a breach of any of the Operational Representations of Sellers or the failure of Sellers to meet the condition precedent set forth in Section 6.13, PIC shall pay Buyer an additional $766,667 and Trirock shall pay Buyer an additional $233,333 in immediately available funds in accordance with the written instructions of Buyer. The actual amount of damages that Buyer will suffer if Sellers materially fail to perform their obligations hereunder is difficult and impracticable to fix with certainty. Accordingly, Sellers hereby agree that the payment of such $1,000,000 in the aggregate shall be liquidated damages, and not a penalty or forfeiture, such amount being a reasonable estimate of Buyer's damages. In the event of a termination of this Agreement by Buyer pursuant to Section 11.1(b), the return of the Deposit to Buyer and payment of such liquidation damages shall be Buyer's sole remedy under this Agreement.
Payment to Buyer. 64 11.6 Instructions to LLG&M.................................... 65 ARTICLE XII MISCELLANEOUS 12.1 Entire Agreement......................................... 65 12.2 Expenses................................................. 66 12.3
Payment to Buyer. In the event of any termination of this Agreement, except as provided in Section 11.4 hereof, the Deposit plus all interest earned thereon shall be paid to Buyer upon such termination. In addition, if all the conditions to Figgie's obligations under this Agreement set forth in Article VII have been satisfied on or before December 30, 1994, or any mutual extension thereof, and any of Figgie, Holdings or Services fails materially to perform its obligations hereunder because Figgie has failed to obtain all approvals required from Figgie's lending institutions for the consummation of the transactions contemplated hereby, Buyer may elect to terminate this Agreement pursuant to Section 10.1(b) hereof and upon such termination LLG&M shall pay Buyer the Deposit plus all interest earned thereon and Figgie shall pay Buyer an additional $500,000.00 in immediately available funds.
Payment to Buyer. Seller shall cause all payments of the Second Payment to be paid directly from J. Lindeberg USA Corp. or its affiliates to an account designated by Buyer. If Seller receives any of the Second Payment directly, Seller will hold such amount in trust and will promptly pay such amount to an account designated by Buyer.
Payment to Buyer. If after using reasonable efforts to collect a Receivable in accordance with clause 4.4(c), a Receivable is more than 120 days outstanding on the date that the Buyer collects the Receivable, then in consideration for collecting that Receivable, the Buyer is entitled to retain 5% of that Receivable when the Buyer pays the Receivable to the Seller under clause 4.4(d)(i).
Payment to Buyer. Upon joint written instructions by Buyer and Nemaxxxx xx the Escrow Agent, Buyer shall be entitled to payment from the Escrow Funds for the following:
Payment to Buyer i. In the event that the actual Net Worth is less than negative $1,500,000 and the actual Cash on Hand is not less than $19,000,000, then Sellers shall make a Post Closing Adjustment to Buyer, in the amount by which actual Net Worth is less than negative $1,500,000. ii. In the event that the actual Cash on Hand is less than $19,000,000 and the actual Net Worth is not less than negative $1,500,000, then Sellers shall make a Post Closing Adjustment to Buyer, in the amount by which actual Cash on Hand is less than $19,000,000. iii. In the event that actual Net Worth is less than negative $1,500,000 and actual Cash on Hand is less than $19,000,000, then Sellers shall make a Post Closing Adjustment to Buyer, in an amount which is the greater of: 1. the amount by which actual Net Worth was less than negative $1,500,000, or 2. the amount by which actual Cash on Hand was less than $19,000,000. Exhibit F is attached for illustration purposes only of Sections 4.17(c) and 4.17(d).
