Examples of Residual Commissions in a sentence
Finally, HSG argues that section 8.3 of the Representation Agreement is not enforceable as written because it violates public policy and is unconscionable.The Court finds that HSG is not entitled to Residual Commissions based on its solicitation of Customers in violation of the surviving obligations of the RepresentationAgreement.
In addition, the Debtors also demanded that HSG turn over the Residual Commissions inadvertently paid by the Debtors to HSG for the period July 21-31, 2002 and the months of August and September 2002 (the “Postpetition Payments”).The Official Committee of Unsecured Creditors filed a Joinder to the Objection to Motion for Allowance and Payment of Administrative Claim on March 17, 2003.
The provision of loans, guarantees or credit amounts for the members of BOD, CEO, Managers, Executive Officers, and their affiliated persons, and the legal persons having interest-finance relation to such persons must comply with the laws.
The Debtors argue that HSG’s September Letter constitutes an act of solicitation under section 8.1 of the Representation Agreement, and therefore, the act of solicitation terminated the Debtors’ obligation to pay Residual Commissions to HSG.
The Court agrees.The Debtors’ obligation to pay Residual Commissions following termination of the Representation Agreement was defined in the Representation Agreement, Exhibit B, Subpart 3.
Therefore, in accordance with the Court’s order on April 27, 2004, denying administrative claim status for the Residual Commissions owed to HSG, the Court finds that all Residual Commissions that HSG was entitled to receive up to and including Thursday, November 24, 2002, constitute general unsecured claims.Furthermore, HSG argues that under the theory of judicial estoppel, the Debtors are prohibited from arguing that the November Letter terminated the Residual Commission obligation.
The Debtors argue that the Court should grant summary judgment because HSG’s act of solicitation represented a violation of the Representation Agreement and five days following MCI WorldCom’s notice to HSG, the Debtors’ obligation to pay Residual Commissions terminated.
HSG argues that section 8.3 of the Representation Agreement required the Debtors to give notice of their intention to terminate the payment of Residual Commissions and the November letter did not constitute sufficient notice because it did not express any intention to terminate payments.
The Debtors’ obligation to pay future Residual Commissions was expressly conditioned upon HSG’s continuing obligation not to solicit the WorldCom Customers procured by HSG.
Unless other arrangements are made with you, for each month in which you receive the Services, Viasat will offset the Application Fee against amounts owed by Viasat to you for Commissions and/or Residual Commissions (as such terms are defined in the Retailer Agreement).