Rate Support Sample Clauses
Rate Support. For Rate Support Subvention Programs:
(a) Rate support pricing is based on a [***] methodology, [***].
(i) Ally represents to Chrysler that:
(A) Ally will determine rate support pricing using a base rate calculated consistent with certain of its pre-existing relationships with other OEMs.
(B) The Support Rate will not exceed in any case [***].
(ii) Ally will adjust the formula for the calculation of [***].
(iii) Ally will be transparent in pricing methodology to Chrysler (including formula and parameters), but Ally has no obligation to reveal information specific to any other OEMs with which Ally does business.
(A) On an annual basis, Ally will review its rate support pricing methodology with Chrysler, subject to the terms of this Agreement.
(B) On a quarterly basis, Ally will advise the Coordinating Committee of any changes in rate support pricing methodology, subject to the terms of this Agreement.
(b) Ally will establish the Support Rates.
(i) Ally may vary the applicable Support Rate by factors that [***], in each case consistent with its obligations under Section 3.5(a)(i)(B), (ii), and (iii).
(ii) The parties expect that Support Rates will be in effect for a month at a time, however, Ally may change the Support Rate during a calendar month upon at least fourteen calendar days’ notice to Chrysler before the effective date of the change.
(c) Chrysler will pay to Ally the amount of any Rate Support:
(i) Discounted to present value at the applicable Support Rate; and
(ii) Further discounted for expected pre-payments.
(d) For each month that a Rate Support payment is due to Ally:
(i) Ally will send Chrysler an invoice by the fifth business day of the following month indicating the amount of Rate Support payment for the immediately preceding month (e.g., Ally will send Chrysler an invoice by December 7, 2009 for a Rate Support payment owed for contracts booked in November 2009).
(ii) Chrysler will pay Ally the full invoice amount, without setoff, recoupment, or any other deduction (regardless of whether Chrysler disagrees with the invoice amount), by the 18th calendar day of the month, or if the 18th calendar day is not also a Business Day, then by the Business Day that next follows the 18th calendar day. *** Certain information in this agreement has been omitted and filed separately with the Securities and Exchange Commission. [***] indicates that text has been omitted and is the subject of a confidential treatment request.
(iii) If Chrysler disagrees wit...
Rate Support. The offeror shall provide the following support for each proposed direct and indirect rate utilized in its proposal:
(a) A narrative explaining the basis for the estimated rates, specifically identifying any escalation factors used;
(b) Direct Labor Rates: Direct labor rates shall be in line with justifying data (incurred cost data for similar contract, redacted payroll data, salary survey data, DCMA approved (Forward Pricing Rate Recommendation (FPRR)/ Forward Pricing Rate Agreement (FPRA), etc.) for each labor department. The offeror shall provide a detailed cross-walk between all provided justifying data (redacted payroll data, salary survey, DCMA approved FPRR/FPRA, etc.) for the labor departments requested under this effort and Attachment 0004;
Rate Support. For GM Special Programs involving rate subsidies paid by GM to GMAC in connection with Consumer Financing:
(i) GM will compensate GMAC for the difference between its Support Rate and the GM Program Rate (which is defined as the Consumer’s annual percentage rate minus any increment that the dealer added at the dealer’s discretion, plus the SmartLease Plus rate decrement, if applicable), and
(ii) GMAC will determine pricing by product ***. Rate Support payments will be made at inception of the contract in accordance with payment terms described below. ***. GMAC will invoice GM for contracts booked in a particular month by the 5th Business Day of the following month and GM will make payment by the 15th calendar day of that same month or if the 15th calendar day falls on a weekend or a holiday weekend, by the closest Business Day to the 15th calendar day or if the 15th calendar day is the same number of calendar days from two Business Days, by the Business day that precedes the 15th calendar day (“Due Date”). If GMAC does not invoice GM by the 5th Business Day, the Due Date will be extended by the same number of calendar days that GMAC delays invoicing GM, counted from the 5th Business Day through the date on which GMAC actually invoices GM.