Increase Payment definition
Examples of Increase Payment in a sentence
Sprint Collocator agrees that it will have no right of abatement (except as set forth in Section 14), reduction, setoff, counterclaim, rescission, refund, defense or deduction with respect to any payment of the Sprint Collocation Charge (including any Shared Ground Rent Increase Payment) or any amount payable by Sprint Collocator pursuant to Section 11(g).
The foregoing sentence shall not limit the annual increase in the portions of the Sprint Collocation Charge other than the Shared Ground Rent Increase Payment as provided in Section 11(b).
The sum of (i) the Segment Growth Payment calculated in accordance with Section 3.02 and (ii) the Price Increase Payment calculated in accordance with Sections 3.03 and 3.04 shall constitute the "Total Services Payment".
Any such increase to the Maximum Committed Amount will be made at the sole and absolute discretion of the Lenders and the Administrative Agent subject to, among other things, payment by the Borrower of the Increase Payment and no Event of Default, no Borrowing Base Deficiency and no Tier 1 Collateral Performance Trigger or Tier 2 Collateral Performance Trigger existing under the Facility.
As of the date hereof, as of immediately prior to the Closing and as of immediately after the Closing (but in each case excluding any Liability for the Liquidity Event Payment, the Make Whole Payment, the Impact Payment and the Increase Payment), JMY and JT will be Solvent.
As of the date hereof, as of immediately prior to the Closing and as of immediately after the Closing (but in each case excluding any Liability for the Liquidity Event Payment, the Make-Whole Payment, the Impact Payment and the Increase Payment), HoldCo, OpCo, IPCo and their respective Subsidiaries will be Solvent and will have adequate capital to carry on their respective businesses.
The Company hereby confirms that the Company is obligated under each and every provision of Section 2.7 of the 2008 Purchase Agreement until the Note is paid in full, including, without limitation, with respect to the payment of taxes on the Capital Gains Increase Payment (as that term is defined in the 2008 Purchase Agreement).
For purposes of determining the Tax Increase Payment, the Seller Parties’ applicable Gross Profit Percentage Amount under the Promissory Note is Ninety-Nine and 8279/10000 percent (99.8279%) and the Capital Gain Portion and Ordinary Income Portion are One Hundred percent (100%) and zero percent (0%), respectively.
Any such increase to the Maximum Committed Amount will be made at the sole and absolute discretion of the Lenders and the Administrative Agent subject to, among other things, payment by the Borrower of the Increase Payment and no Event of Default, no Borrowing Base Deficiency, no Regulatory Trigger Event and no Tier 1 Collateral Performance Trigger or Tier 2 Collateral Performance Trigger existing under the Facility.
The amount of any such Capital Gains Increase Payment shall be (x) calculated based on Federal tax returns actually filed by such Seller (copies of which shall be provided to Buyer), (y) paid within thirty (30) days after receipt of copies of such tax returns, and (z) grossed up to take into account Federal taxes payable on such Capital Gains Increase Payment so that such Seller will be in the same position as if such Seller did not have to pay Federal Taxes on such Capital Gains Increase Payment.