In-Kind Payment definition
Examples of In-Kind Payment in a sentence
Additionally, notwithstanding anything herein to the contrary, in the event of a dividend by the Company, Holder shall be entitled to its share of the dividend, be it stock dividend or cash dividend, or any similar transaction or distribution by the Company (a “Dividend”), in Holder’s capacity as a noteholder, to the same extent as though the Holder had shares of stock issued to Holder as an In-Kind Payment, calculated on the day of such Dividend, without regard to the last 3 paragraphs of Section 5.
The Company understands and acknowledges that the number of In-Kind Payment Shares issuable upon conversion of the Notes will increase in certain circumstances.
The ADHS shall have full, complete and exclusive rights to reproduce, duplicate, adapt, distribute, display, disclose, publish, release and otherwise use all Materials.
The Company will pay, and save and hold the Buyers harmless from any and all liabilities (including interest and penalties) with respect to, or resulting from any delay or failure in paying, stamp and other taxes (other than income taxes), if any, which may be payable or determined to be payable on the execution and delivery or acquisition of the Notes, Warrants, In-Kind Payment Shares or Warrant Shares.
The Company shall maintain at its principal executive offices (or such other office or agency of the Company as it may designate by notice to each holder of Securities), a register for the Notes in which the Company shall record the name and address of the Person in whose name the Notes have been issued (including the name and address of each transferee), the amount of Notes held by such Person and the number of In-Kind Payment Shares issuable upon conversion of the Notes held by such Person.
Engineering service costs associated with GIS and initial project construction may not be considered for In-Kind Payment credit.
Credit for In-Kind Payment shall only apply to Assets constructed or installed within the first five (5) years of this Agreement.
To qualify for In-Kind Payment credit, material must conform to the Technical Standards and Specifications (“TSS”) set forth on Exhibit A to this Agreement and may include, but not be limited to, innerduct, conduit, manholes, and hand holes comprising the Asset, and restoration material such as concrete, asphalt, and brick.
As used herein, In-Kind Payment shall be calculated as sixty-five percent (65%) of the agreed upon cost of qualifying work performed by Lessee, and shall be credited against the amounts due under equal monthly amounts pro-rated over the remaining portion of the Term for Rent until such In-Kind Payment has been fully applied.
Non-qualifying material costs may be authorized by the City for In-Kind Payment credit if requested in writing and approved in advance by the Conduit System Manager provided said material is used specifically for the construction of an Asset to be owned by the City.