Examples of Pre-Payment Amount in a sentence
For the avoidance of doubt, to the extent the Pre-Payment Amount held by Transporter exceeds an amount equal to twelve (12) months of reservation charges under the Service Agreement based on Shipper’s MDTQ, Transporter shall not be required to return any such excess amount, and may continue to hold and use such excess amount pursuant to this sub-clause (a).
Midship shall be deemed to credit to the Pre-Payment Amount in an amount equal to the “2021 True-Up Credit” generated by inputting the Consent Date and Settlement Effective Date into the financial model titled “GPOR True-Up Model (Rule 408) v.12.10.2020 (Final).xlsx” attached to the e-mail sent by Cameron Lyons of Latham & Watkins LLP to Chris Koenig of Kirkland & Ellis LLP on December 10, 2020 at 12:28 Eastern Time.33.
The Debtors shall not seek to recover the Pre-Payment Amount from Midship by any means, including by turnover under section 542 of the Bankruptcy Code, through any claims or causes of action for avoidance arising under sections 544, 545, 547, 548, 549, and/or 550 of the Bankruptcy Code or any other similar state or federal law, or otherwise.
As a result, the remaining balance of the Pre- Payment Amount shall be used to offset any reservation charges (or other Covered Obligations) for which Shipper is responsible under the Service Agreement and/or Tariff until the Pre-Payment Amount has been fully applied to offset such amounts.
For the avoidance of doubt, the Debtors expressly acknowledge and agree, and the Final Order of the Bankruptcy Court shall have confirmed, that, prior to the Settlement Effective Date, the Pre-Payment Amount may be debited in the amount of any Covered Obligations in accordance with the terms of the Existing Gulfport TSA, including any amounts invoiced for reservation charges under the Existing Gulfport TSA for the month of November 2020 or thereafter in accordance with the Existing Gulfport TSA.