Price to be paid Sample Clauses

Price to be paid. The value of the Share to be sold and the Share to be purchased shall be (i) if the purchase takes place within of this Agreement and a Specified Value is stated in the Schedule to this Agreement the said Specified Value (ii) if the original Specified Value stated in the Schedule to this Agreement (or any subsequent Specified Value agreed in accordance with this sub-clause 4(ii)) has been replaced by a new Specified Value by the Parties hereto executing a Memorandum to that effect that new Specified Value Provided however that any such new Specified Value shall only remain effective for the purpose of this agreement for a period of from the date of execution of the Memorandum bringing it into effect unless the Parties hereto agree a different period and reflect this in the said Memorandum (iii) in all other cases the fair market value of the Share at the time of its sale/purchase under the terms of this Agreement as determined by an independent auditor or professional valuer appointed by agreement between the Parties including the legally empowered representative of any incapacitated Party. Provided that if the Parties fail to appoint such an auditor or valuer within one month of the event giving rise to an option under Clause 1 of this Agreement then any Party may request the President for the time being of the Institute of Chartered Accountants in England and Wales to appoint an independent valuer for that purpose.
Sample 1See All (9)
Price to be paid. (a) The price payable for the goods is QC's price for the goods ("the Price") as quoted by QC at the time of order by the Customer.
Sample 1Sample 2
Price to be paid. (a) The Purchase Price for each of the Contracts Sold Hereunder (individually, a "Contract") to Green Tree by CAC shall be, for each such Contract, an amount equal to the sum of (i) the then-outstanding principal balance owing on such Contract and (ii) any accrued but unpaid interest at the applicable rate of interest on such Contract to and including the effective date on which the Contracts Sold Hereunder are transferred to Green Tree and (iii) an acquisition premium equal to the amount specified on Exhibit X hereto. The Acquisition Premium shall be deemed fully earned by CAC upon conveyance of the related Manufactured Housing Retail Finance Contract by CAC to Green Tree. (b) Not later than thirty (30) days after the Consummation Date, Green Tree shall recalculate the accrued interest for those Contracts Sold Hereunder which are set forth on Exhibit A to Schedule 1 (the "Adjusted Contracts") in order to recalculate the accrued interest on each of such Contracts, and the resultant outstanding principal balance (the "Adjusted Balance") for such Contracts, effective as of June 30, 1999, under the assumption that each payment received on such Contracts should be applied effective as of the scheduled date such payment was due. The Purchase Price for each of the Adjusted Contracts shall be reduced by the difference, if any, between the Adjusted Balance and the principal balance originally specified by CAC for such Contract as of June 30, 1999 (the aggregate amount of reduction to the Purchase Price is herein referred to as the "Adjustment Amount"). Cavalier shall be furnished with the supporting data and calculations upon which Green Tree has based its determination of the Adjustment Amount, and CAC shall have a reasonable opportunity, of not more than ten (10) days, to audit and verify such data. CAC and Green Tree shall thereupon agree upon a final determination as to the Adjustment Amount, and CAC shall remit payment to Green Tree for such Adjustment Amount within forty-eight (48) hours from agreement as to such amount. Upon receipt from CAC of the Adjustment Amount, Green Tree shall modify its records for the Adjusted Contracts to reflect the Adjusted Balance, and should provide such notice thereof to the applicable obligors as may be deemed appropriate under the circumstances. If for any reason Green Tree and CAC are unable to agree upon the final Adjustment Amount for the Adjusted Contracts, then such dispute shall be resolved, at either party's request,...
Sample 1
Price to be paid. The value of the Shares to be sold and the Shares to be purchased shall be (i) if the purchase takes place within of this Agreement and a Specified Value is stated in the Schedule to this Agreement the said Specified Value (ii) if the original Specified Value stated in the Schedule to this Agreement (or any subsequent Specified Value agreed in accordance with this sub-clause 3(ii)) has been replaced by a new Specified Value by the Parties hereto executing a Memorandum to that effect that new Specified Value. Provided however that any such new Specified Value shall only remain effective for the purpose of this agreement for a period of from the date of execution of the Memorandum bringing it into effect unless the Parties hereto agree a different period and reflect this in the said Memorandum.
Sample 1
Price to be paid. The purchase price to be paid by the SSBIC to SBA for the Shares is $178.5789 per share, or $3,571,578 (the "Purchase Price"), to be paid as follows: $3,571,578 by promissory note of the SSBIC payable to SBA, in the form set forth in Exhibit 3 hereto (the "Note").
Sample 1

Related to Price to be paid

  • Service Charge to Be Paid to BD On the Business Day next succeeding each Auction Date, the Auction Agent shall pay to BD from moneys received from the Funds an amount equal to: (a) in the case of any Auction Date immediately preceding a Dividend Period of less than one year, the product of (i) a fraction the numerator of which is the number of days in such Dividend Period (calculated by counting the first day of such Dividend Period but excluding the last day thereof) and the denominator of which is 360, times (ii) 1/4 of 1%, times (iii) $25,000, times (iv) the sum of (A) the aggregate number of shares of any series of Preferred Shares placed by BD in the applicable Auction that were (x) the subject of a Submitted Bid of a Beneficial Owner submitted by BD and continued to be held as a result of such submission and (y) the subject of a Submitted Bid of a Potential Beneficial Owner submitted by BD and were purchased as a result of such submission plus (B) the aggregate number of shares of any series of Preferred Shares subject to valid Hold Orders (determined in accordance with Section 2 of Part II of the Articles Supplementary) submitted to the Auction Agent by BD plus (C) the number of shares of any series of Preferred Shares deemed to be subject to Hold Orders by Beneficial Owners pursuant to Section 2 of Part II of the Articles Supplementary that were acquired by BD for its own account or were acquired by such Beneficial Owners through BD; and (b) in the case of any Auction Date immediately preceding a Special Dividend Period of one year or longer, that amount as mutually agreed upon by the Funds and BD, based on the selling concession that would be applicable to an underwriting of fixed or variable rate Preferred Shares with a similar final maturity or variable rate dividend period, at the commencement of such Special Dividend Period. For purposes of subclause (a)(iv)(C) of the foregoing sentence, if any Beneficial Owner who acquired shares of any series of Preferred Shares through BD transfers those shares to another Person other than pursuant to an Auction, then the Broker-Dealer for the shares so transferred shall continue to be BD, provided, however, that if the transfer was effected by, or if the transferee is, a Broker-Dealer other than BD, then such Broker-Dealer shall be the Broker-Dealer for such shares.

  • RECOVERY OF SUMS REQUIRED TO BE PAID Lender shall have the right from time to time to take action to recover any sum or sums which constitute a part of the Debt as the same become due, without regard to whether or not the balance of the Debt shall be due, and without prejudice to the right of Lender thereafter to bring an action of foreclosure, or any other action, for a default or defaults by Borrower existing at the time such earlier action was commenced.

  • COMPENSATION TO BE PAID BY THE TRUST TO THE MANAGER The Fund will pay to the Manager as compensation for the Manager's services rendered, for the facilities furnished and for the expenses borne by the Manager pursuant to Section 1, a fee, computed and paid monthly at the annual rate of 0.45% of the Fund's average daily net asset value. Such average daily net asset value of the Fund shall be determined by taking an average of all of the determinations of such net asset value during such month at the close of business on each business day during such month while this Contract is in effect. Such fee shall be payable for each month within five (5) business days after the end of such month. In the event that expenses of the Fund for any fiscal year should exceed the expense limitation on investment company expenses imposed by any statute or regulatory authority of any jurisdiction in which shares of the Trust are qualified for offer and sale, the compensation due the Manager for such fiscal year shall be reduced by the amount of such excess by a reduction or refund thereof. In the event that the expenses of the Fund exceed any expense limitation which the Manager may, by written notice to the Trust, voluntarily declare to be effective with respect to the Fund, subject to such terms and conditions as the Manager may prescribe in such notice, the compensation due the Manager shall be reduced, and, if necessary, the Manager shall bear the Fund's expenses to the extent required by such expense limitation. If the Manager shall serve for less than the whole of a month, the foregoing compensation shall be prorated.

  • Expenses to be Paid by Adviser The Adviser shall pay all salaries, expenses and fees of the officers, Trustees and employees of the Trust who are officers, directors , members or employees of the Adviser. In the event that the Adviser pays or assumes any expenses of the Trust not required to be paid or assumed by the Adviser under this Agreement, the Adviser shall not be obligated hereby to pay or assume the same or any similar expense in the future; provided, that nothing herein contained shall be deemed to relieve the Adviser of any obligation to the Funds under any separate agreement or arrangement between the parties.

  • COMPENSATION TO BE PAID BY THE FUND TO THE MANAGER The Fund will pay to the Manager as compensation for the Manager’s services rendered, for the facilities furnished and for the expenses borne by the Manager pursuant to paragraphs (a), (b), and (c) of Section 1, a fee, based on the Fund’s Average Net Assets, computed and paid monthly at the annual rates set forth on Schedule B attached to this Contract, as from time to time amended. The Fund’s “

  • Purchase Consideration The consideration payable in connection with a purchase transaction shall be debited from the appropriate deposit account of the Portfolio as of the time and date that funds would ordinarily be required to settle the transaction in the applicable market. The Custodian shall promptly recredit the amount at the time that the Portfolio or the Fund notifies the Custodian by Proper Instruction that the transaction has been canceled.

  • Merger Consideration As of the Effective Time, by virtue of the Merger and without any action on the part of Acquisition, OilQuip, or A-C: (a) Each share of OilQuip Common Stock, issued and outstanding immediately prior to the Effective Time will be converted, without any action on the part of the holders thereof (the "Shareholders"), into (i) 40 shares of the common stock, par value $0.15 per share, of A-C ("A-C Common Stock"), and (ii) the right to receive 960 shares of Common Stock on the Amendment Date (as defined in Section 7.11); provided that no fractional shares of A-C Common Stock shall be delivered (and the number of shares of A-C Common Stock to be delivered to any Shareholder shall be rounded down to the nearest whole number) and the Shareholders shall not be entitled to cash in lieu of fractional shares; provided further that no more than an aggregate of 10,000,000 shares of A-C Common Stock shall be issued or issuable at the Effective Time and on the Amendment Date pursuant to the Merger. Immediately following the Effective Time, the Shareholders shall deliver to A-C the certificates representing the OilQuip Common Stock, and A-C shall cause A-C's transfer agent to deliver to the Shareholders certificates representing the A-C Common Stock described in (i) above in accordance with Exhibit A hereto; and immediately following the Amendment Date, A-C shall cause A-C's transfer agent to deliver to the Shareholders certificates representing the A-C Common Stock described in clause (ii) above in accordance with Exhibit A. The A-C Common Stock issued pursuant to this Section 3.1(a) shall be duly authorized, fully paid and non-assessable. The Shareholders shall have no right to transfer or assign the right to receive the A-C Common Stock prior to the issuance thereof. (b) Each share of Acquisition Common Stock issued and outstanding immediately prior to the Effective Time will be converted, without any action on the part of the holder thereof, into one (1) duly and validly issued, fully paid and non-assessable share of OilQuip Common Stock. All shares of A-C Common Stock issued in accordance with Section 3.1 shall be deemed to be in full satisfaction of all rights pertaining to shares of OilQuip Common Stock held by the Shareholders, and shall be duly authorized, fully paid and non-assessable.

  • Adjustments to the Shares and Warrant Price In order to prevent dilution of the purchase rights granted under this Warrant, the Warrant Price and the number of Shares issuable upon exercise of this Warrant shall be subject to adjustment from time to time as provided in this Section 2.

  • Assets to be Purchased Upon the terms and subject to the conditions set forth herein and in the Master Agreement, and in reliance on the respective representations and warranties of the parties contained in the Master Agreement, at the Closing, Seller agrees to sell, convey, grant, assign, and transfer to Buyer and Buyer agrees to purchase, assume and acquire from Seller all of the Assets, held by Seller. The "Assets" are the following, provided, however, that the Assets shall not include any Excluded Assets: A. All assets disclosed on the Final Closing Balance Sheet, except for the Real Property Assets (as defined in and to be conveyed pursuant to the Real Property Agreement); B. Any current assets, accounts receivable and notes receivable, and bank accounts, but excluding cash and cash equivalents; provided, however, that (i) to the extent that following the Closing Selling Parties receive any cash that constitutes an Acquired Asset or relates to an Assumed Liability, Selling Parties shall, as soon as practicable after receipt thereof, turn over such cash to Buyer, and (ii) to the extent that following the Closing Parent or Buyer receives any cash that constitutes an Excluded Asset or relates to an Excluded Liability, Parent and Buyer shall, as soon as practicable after receipt thereof, turn such cash over to Selling Parties. C. All prepaid expenses, the right to refunds, buyins or deposits relating to utilities and infrastructure improvements, deposits or assets relating to performance bonds; D. All equipment, furniture, furnishings, inventory, machinery, software, supplies, tools, vehicles, and other personal property owned or leased by Seller; E. All rights and benefits in all (1) processes, know-how, technical data, and other trade secrets; (2) sales forms and promotional and advertising materials; (3) copyrights, whether registered or not, patents, trademarks, whether registered or not, and applications, registrations, and renewals with respect thereto; (4) customer, supplier and contractor lists; (5) software licensing and equipment rental agreements associated with computers or data processing; and (6) goodwill associated therewith. Additionally, Seller hereby grants to Buyer an exclusive perpetual license in Seller's right to use the names "Perma-Bilt Homes" and "Perma-Bilt," and all variations of or derivations from such names and any and all logos used in connection therewith; provided, however, Selling Parties' shall have the right to use the name "Perma-Bilt" for corporate purposes for a period of up to 30 days after the Closing. The foregoing is hereinafter referred to as the "Asset Intellectual Property"; F. All of the books, instruments, papers, and records of whatever nature and wherever located, whether in written form or another storage medium, including without limitation (1) copies of accounting and financial records; (2) property records and reports; (3) environmental records and reports;

  • Offer Price “Offer Price” is defined in Recital A of the Agreement.