Right to Payments. Employee shall not under any circumstances have any option or right to require payments hereunder otherwise than in accordance with the terms hereof. To the extent permitted by law, the Employee shall not have any power of anticipation, alienation or assignment of payments contemplated hereunder, and all rights and benefits of the Employee shall be for the sole personal benefit of the Employee, and no other person shall acquire any right, title or interest hereunder by reason of any sale, assignment, transfer, claim or judgment or bankruptcy proceedings against the Employee.
Right to Payments. Should the Agent and the Lenders or any of them receive from the Guarantor one or more payments on account of its liability under the Guarantee, the Guarantor shall not be entitled to claim repayment against the Borrower or the Other Guarantors until the Agent’s and the Lenders’ claims against the Borrower have been paid in full. In the event of the liquidation, winding-up or bankruptcy of the Borrower (whether voluntary or compulsory); or if the Borrower shall make a bulk sale of any of its assets within the meaning of any applicable legislation of any other province of Canada, under the Uniform Commercial Code of any state of the United States of America or under any other applicable Laws; or should the Borrower make any proposal, composition or scheme of arrangement with its creditors; then, in any of such events the Agent and the Lenders shall have the right to rank for their full claim and receive all dividends or other payments in respect thereof until their claim has been paid in full, and the Guarantor shall remain liable up to the amount guaranteed for any balance which may be owing to the Agent and the Lenders by the Borrower; and in the event of the valuation by the Agent and the Lenders or any of them of any security held in respect of the debts of the Borrower, or of the retention by the Agent and the Lenders or any of them of such security, such valuation and/or retention shall not, as between the Agent and the Lenders and the Guarantor, be considered as a purchase of such security, or as payment or satisfaction or reduction of the liabilities of the Borrower to the Agent and the Lenders, or any part thereof.
Right to Payments. No reference herein to the Indenture and no provision of this Note or of the Indenture shall alter or impair the obligation of the Company, which is absolute and unconditional, to pay or deliver, as the case may be, the principal (including the Redemption Price and the Fundamental Change Repurchase Price, if applicable) of, accrued interest that has not been paid or capitalized on, and the consideration due upon conversion of, this Note at the place, at the respective times, at the rate and in the lawful money or shares of Common Stock, as the case may be, herein prescribed.
Right to Payments. If any party (the "Initial Recipient") hereto receives any payments that another party (the "Proper Recipient") is entitled to hereunder, the Initial Recipient shall promptly notify the Proper Recipient of receipt of, and within ten (10) business days transfer to the Proper Recipient, such payments.
Right to Payments. 16. Xxxxxxxx shall have the right to receive all license fees and other payments from any of its customers for Products sold under the Product Development Agreement or for any Xxxxxxxx products. Notwithstanding the above, nothing in this paragraph is intended to relieve Xxxxxxxx of its royalty obligations under Section VI of this Agreement.
Right to Payments. Employee shall under no circumstances have any option or right to require payments hereunder otherwise than in accordance with the terms of this Agreement.
Right to Payments. 10.1 Except as required by law, no right to receive payments under this Agreement shall be subject to anticipation, commutation, alienation, sale, assignment, encumbrance, charge, pledge or hypothecation or to exclusion, attachment, levy or similar process or assignment by operation of law, and any attempt, voluntary or involuntary, to effect any such action shall be null and void and of no effect.
Right to Payments. Subject to the terms and conditions of this Agreement and until the termination of this Agreement, each Voting Trust Certificate Holder shall be entitled to receive promptly from the Voting Trustee (i) payments equal to the amount of the dividends (other than stock dividends) or other distributions, if any, collected by the Voting Trustee upon the number of Shares standing in the name of such Voting Trust Certificate Holder, and (ii) any payment representing the amount received upon redemption or sale of any Shares represented by the Voting Trust Certificate held by him or her. The Voting Trust Certificate Holders on the dates fixed as record dates by the Corporation for dividends and for the allotment of rights to shareholders shall be entitled to such payments and to such rights.
Right to Payments. In addition to all other amounts payable to SES by MPX as provided herein, in consideration of services provided by Southern Development in connection with the negotiation, administration, and performance of this Agreement, including, without limitation, technical consulting services, design, engineering, procurement and construction planning, training, and supervision and overall coordination of SES's administration and performance of the Agreement, Southern Development shall for each calendar year during the Term of this Agreement be entitled to a payment equal to two and eight-tenths percent (2.8%) of MPX's Net Income from Operations ("Profit Sharing Payments"). Net Income from Operations is defined as Income from Operations (pretax) less Interest Expense plus any Interest or Other Income less any Provision for Income Taxes. In the event that MPX allows an Exclusive User to use the MPX Fibers or Limited MPX Fibers on any Route Segment as allowed by Subsection 4.1, the Net Income from Operations of such Exclusive User, attributable to such MPX Fibers, will be subject to the obligation to pay Southern Development the Profit Sharing Payments. MPX shall by contract require each Exclusive User to pay such Profit Sharing Payments to Southern Development and shall be liable to Southern Development for any such Profit Sharing Payments that are not paid by any Exclusive User. In the event that any Exclusive User is a partnership and not directly subject to federal, state or local taxation, the Calculated Effective Rate will be used to calculate the Provision for Income Taxes deducted from Income from Operations to arrive at Net Income from Operations of such Exclusive User. The Calculated Effective Rate will be equal to the effective rate for financial reporting purposes that such Exclusive User would have if that Exclusive User were directly subject to taxation. The effective rate for such Exclusive User will be the effective rate for financial reporting purposes and not for the purposes of income tax reporting; accordingly, the Calculated Effective Rate will give effect to permanent differences, and not give effect to temporary differences, between financial reporting income and taxable income as defined by GAAP. The Calculated Effective Rate will be calculated each year based upon the applicable state apportionments, federal tax rates, state tax rates, and local tax rates. In the event that an Exclusive User has multiple operations included in its financial s...