Upstream Payment Sample Clauses
The Upstream Payment clause defines the obligation of one party to make payments to another party only after receiving corresponding funds from a third party, typically higher up in a contractual chain. In practice, this means that a subcontractor or supplier will be paid by the contractor only after the contractor has received payment from the project owner or client. This clause is commonly used in construction and supply agreements to align payment flows and reduce the financial risk for the paying party. Its core function is to allocate the risk of non-payment by the ultimate client, ensuring that parties are not required to advance funds they have not yet received.
Upstream Payment a Distribution by a Subsidiary of a Borrower to such Borrower.
Upstream Payment a Distribution by a Subsidiary of a Borrower or Subsidiary Guarantor to such Borrower or Subsidiary Guarantor.
Upstream Payment a Distribution by a Subsidiary of a Borrower to such Borrower. Value: (a) for Inventory, its value determined on the basis of the lower of cost or market, calculated on a first-in, first-out basis, and excluding any portion of cost attributable to intercompany profit among Borrowers and their Affiliates; and (b) for an Account, its face amount, net of any returns, rebates, discounts (calculated on the shortest terms), credits, allowances or Taxes (including sales, excise or other taxes) that have been or could be claimed by the Account Debtor or any other Person.
Upstream Payment a Distribution by a Subsidiary of a Borrower to such Borrower. US: the United States of America.
Upstream Payment a pro rata Distribution by a Subsidiary of the Borrower to such Subsidiary’s direct equity holders.
Upstream Payment. (a) a Distribution by a Subsidiary of an Obligor to such Obligor or (b) a Distribution by a non-Obligor Subsidiary of Parent to any other Person that owns a direct Equity Interest in such Subsidiary, including any Obligor, ratably according to their respective holdings of the type of Equity Interest in respect of which such Distribution is being made.
Upstream Payment any Subsidiary of Borrower may declare and pay dividends or make other distributions to Borrower or any other Obligor and any Subsidiary of Borrower that is not an Obligor may declare and pay dividends or make other distributions to any other Subsidiary of Borrower that is not an Obligor;
Upstream Payment. Distribution by a Restricted Subsidiary made ratably with respect to its Equity Interests and Distributions by a Borrower to another Borrower or made with respect to Debt held by a holder of Equity Interests (other than holders of Equity Interests in the Company); it being understood and agreed that nothing in this definition shall permit or deemed to permit any Distribution by an Obligor with respect to Debt held by a holder of Equity Interest that is not an Obligor.
Upstream Payment a Distribution by a Subsidiary of a Borrower to such Borrower or by a Subsidiary of Parent to Parent. Unused Line Fee: a fee equal to (a)(i) 0.25% per annum at any time Availability is less than $50,000,000 or (ii) 0.375% per annum at any time Availability is greater than or equal to $50,000,000 times (b) the average daily amount by which the Revolver Commitments exceed the outstanding principal amount of all Revolver Loans and aggregate undrawn amount of all outstanding Letters of Credit during any month (or such shorter period if calculated for the first month following the Closing Date or on the Commitment Termination Date).
Upstream Payment a Distribution by any Restricted Subsidiary to (a) Parent, any Borrower, any Restricted Subsidiary that is an Obligor (other than any Specified Foreign Domiciled Obligor; provided that any Upstream Payment to a Specified Foreign Domiciled Obligor which is distributed, on a substantially contemporaneous basis, directly or indirectly, by such Specified Foreign Domiciled Obligor to an Obligor that is not a Specified Foreign Domiciled Obligor shall be deemed made to such Obligor), and (b) any other Person that owns a direct Equity Interest in such Restricted Subsidiary, ratably according to their respective holdings of the Equity Interest in respect of which such Distribution is being made. U.S.: the United States of America. U.S. Allocated Foreign Availability: Foreign Excess Availability (determined for purposes of this definition without regard to clause (a) of the definition of the Foreign Borrowing Base) designated by Foreign Borrower Agent in a Borrowing Base Certificate or otherwise in accordance with Section 8.1 for application to clause (iii) of the U.S. Borrowing Base.