PROVISIONAL SETTLEMENT. Member Client shall be bound by and comply with the Rules as in effect from time to time, including without limitation the provision thereof making payment of an Entry by the RDFI to the Receiver provisional until receipt by the RDFI of final settlement for such Entry; and Member Client acknowledges that it has received notice of that Rule and or the fact that, if such settlement is not received, the RDFI shall be entitled to a refund from the Receiver of the amount credited and Member Client shall not be deemed to have paid the Receiver the amount of the Entry.
PROVISIONAL SETTLEMENT. Company shall be bound by and comply with the Rules as in effect from time to time, including without limitation the provision thereof making payment of an Entry by the RDFI to the Receiver provisional until receipt by the RDFI of final settlement for such Entry; and Company acknowledges that it has received notice of that Rule and or the fact that, if such settlement is not received, the RDFI shall be entitled to a refund from the Receiver of the amount credited and Company shall not be deemed to have paid the Receiver the amount of the Entry.
PROVISIONAL SETTLEMENT. Third-Party Sender shall be bound by and comply with the Rules as in effect from time to time, including without limitation the provision thereof making payment of an Entry by the RDFI to the Receiver provisional until receipt by the RDFI of final settlement for such Entry; and Third-Party Sender acknowledges that it has received notice of that Rule and or the fact that, if such settlement is not received, the RDFI shall be entitled to a refund from the Receiver of the amount credited and Third-Party Sender shall not be deemed to have paid the Receiver the amount of the Entry.
PROVISIONAL SETTLEMENT. Customer shall be bound by and comply with the Rules as in effect from time to time, including without limitation the provision thereof making payment of an Entry by the RDFI to the Receiver provisional until receipt by the RDFI of final settlement for such Entry; and Customer acknowledges that it has received notice of that Rule and or the fact that, if such settlement is not received, the RDFI shall be entitled to a refund from the Receiver of the amount credited and Customer shall not be deemed to have paid the Receiver the amount of the Entry.
PROVISIONAL SETTLEMENT. In the event that any disagreement related to the calculation of the Three Largest Operators of the individual Percent Add-on, the right of an Operator to debit/credit any implementation difference(s), or any calculation of any implementation difference(s) have been made subject to a committee procedure, the calculation of the Operator shall form the basis for the debiting/crediting on the Joint Account until the decision of the committee has been made.
PROVISIONAL SETTLEMENT. You acknowledge that the Rules provide that payment of an Entry by the RDFI to a Receiver is provisional until receipt by the RDFI of final settlement, and that, if final settlement is not received, the Entry may be reversed. In such event, the RDFI will be entitled to a refund from Receiver of the amount credited, and you will not be deemed to have paid Receiver the amount of such credit Entry.
PROVISIONAL SETTLEMENT. On the date 180 days following the termination date of this Agreement, United shall prepare a provisional settlement in a manner consistent with Section 8.5 hereof. The provisional settlement shall include United's charges for Termination Costs incurred by United through the termination date. On the date of the provisional settlement, (i) if such determination shows that the reserves and liabilities less premium receivables are in excess of the cash transferred by United on the date of termination, United shall immediately pay the difference to the successor carrier, or (ii) if such determination shows that the amount of cash transferred by United on the date of termination was in excess of the reserves and liabilities less premium receivables, the successor carrier shall immediately pay the difference to United. In either event, any amount so owning to any party hereto shall include interest on such amount calculated from the date of termination to the date of payment at the True-Up Interest Rate. 10.4.3.3
PROVISIONAL SETTLEMENT. Subject to Sections 5(d) and 5(e) of the Commitment Agreement, on the Second Amendment Closing Date, the Ceding Company shall transfer to the Reinsurer cash and specified cash-equivalent or other securities approved in advance by the Reinsurer with an aggregate market value as of the business day immediately preceding the Second Amendment Closing Date, including amounts of due and accrued investment income related thereto, equal to the Second Amendment Closing Settlement Amount as determined in good faith by the Ceding Company; provided that such amount shall be determined as of December 31, 2010 based on the balances determined from the Ceding Company’s books and records and in accordance with statutory accounting principles prescribed generally by the State of Maryland consistently applied, as adjusted to the extent required under Section 5(d) of the Commitment Agreement (the “Estimated Settlement Payment”). For the avoidance of doubt, any securities transferred as required in this paragraph shall be valued as of the business day immediately preceding the Second Amendment Closing Date. The Estimated Settlement Payment shall be subject to adjustment as described below. The parties agree and acknowledge that the Settlement Notice delivered by the Ceding Company pursuant to Section 5(a) of the Commitment Agreement shall have been prepared as of December 31, 2010.
PROVISIONAL SETTLEMENT. Where the Return Entities receive any credit or payment for Quarterly Production from a Third Party Payor on a provisional basis, the amount of the Return payable shall be based on the gross number of ounces of gold or quantity of other Minerals credited by such provisional settlement, but shall be adjusted as between the Payor and the Payee to account for the quantity of gold or other Minerals established by final settlement with the Third Party Payor.
PROVISIONAL SETTLEMENT. Subject to Sections 5(d) and 5(e) of the Commitment Agreement, on the Third Amendment Closing Date, the Ceding Company shall transfer to the Reinsurer cash and specified cash-equivalent or other securities approved in advance by the Reinsurer with an aggregate market value as of the business day immediately preceding the Third Amendment Closing Date, including amounts of due and accrued investment income related thereto, equal to the Third Amendment Closing Settlement Amount as determined in good faith by the Ceding Company; provided that such amount (including, for the avoidance of doubt, the adjustment of the Third Amendment Ceding Allowance required pursuant to Section 5(a) hereof) shall be determined as of the last day of the latest calendar quarter for which quarterly statutory basis financial statements of the Ceding Company are available, based on the balances determined from the Ceding Company’s books and records and in accordance with statutory accounting principles prescribed generally by the State of Maryland consistently applied, as adjusted to the extent required under Section 5(d) of the Commitment Agreement (the “Estimated Settlement Payment”). For the avoidance of doubt, any securities transferred as required in this paragraph shall be valued as of the business day immediately preceding the Third Amendment Closing Date. The Estimated Settlement Payment shall be subject to adjustment as described below. The parties agree and acknowledge that the Settlement Notice delivered by the Ceding Company pursuant to Section 5(b) of the Commitment Agreement shall have been prepared as of the last day of the latest calendar quarter for which quarterly statutory basis financial statements of the Ceding Company are available on the date that such Settlement Notice is delivered by the Ceding Company.
