Method of Recovery Sample Clauses

Method of Recovery. The recovery of the Excess Amount shall be accomplished by forfeiting and cancelling up to 50% of the aggregate Award of restricted stock units to the Employee under Section 11 of the Plan and the terms of the Agreements, whether such units are vested or not. If the Employee has already received a distribution of Shares under the Agreements prior to the Maturity Date, the Employee (or his or her estate in the event of distribution on account of death) agrees to surrender to the Company, within 30 days of receipt of notice from the Company, a number of Shares (not to exceed 50% of the total Shares received by the Employee pursuant to the Agreements) with an aggregate Fair Market Value equal to the Excess Amount. If applicable, the Employee shall be required to repay to the Company, in cash within 30 days of receipt of notice from the Company, the “stock proceeds” (as defined below) resulting from any sale or other disposition (including to the Company) of Shares received as a distribution under the Agreements prior to the Maturity Date. The term “stock proceeds” means, with respect to any sale or other disposition (including to the Company) of Shares, an amount determined appropriate by the Committee to reflect the Excess Amount. In no event will the stock proceeds recouped by the Company pursuant to this Rider exceed 50% of the aggregate Fair Market Value of all Shares received by the Employee pursuant to the Agreements.
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Method of Recovery. Within twenty (20) calendar days after the Buyer Claim Establishment Date, Seller shall pay to Buyer a cash amount equal to the Buyer Claim Amount. In the event that Buyer is not paid the full Buyer Claim Amount within twenty (20) calendar days of the Buyer Claim Establishment Date, in addition to whatever other remedies it may have, Buyer shall be entitled until such Buyer Claim Amount is paid in full (a) to offset against amounts otherwise due Seller, including, without limitation, amounts due as part of the Contingent Purchase Price. Any payment made to Buyer by the Seller pursuant to this Article 7 shall constitute a reduction in the Purchase Price hereunder.
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Method of Recovery. Within ten (10) calendar days after the Seller Claim Establishment Date, Buyer shall pay to Seller a cash amount equal to the Seller Claim Amount. In the event that Seller is not paid the full Seller Claim Amount within ten (10) calendar days of the Seller Claim Establishment Date, in addition to whatever other remedies it may have, Seller shall be entitled until such Seller Claim Amount is paid in full to offset against such Seller Claim Amount amounts otherwise due Buyer by Seller hereunder.
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Method of Recovery. The amount of any indemnification recovery against a Member hereunder shall be applied: (i) first against the outstanding principal and interest (if any) under the Note Consideration received by such Member as set forth on Schedule 2, (ii) second against the Stock Consideration received by such Member as set forth on Schedule 2 (such Stock Consideration reduction at a reference value per Equity Claw-Back Unit of if Parent is not then publicly-traded and/or the recovery is based on a claim of fraud, willful misconduct or material breach of a Fundamental Representation or (y) if Parent is then publicly-traded and the recovery is not based on a claim of fraud, willful misconduct or material breach of a Fundamental Representation) and (iii) third against the Cash Consideration received by Member as set forth on Schedule 2.
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Method of Recovery. Tildxx xx one or both of the Members shall pay to CRA the Claim Amount within ten calendar days after the date (the "Claim Establishment Date") such Claim Amount was determined to be payable to CRA pursuant to Section 7.3 above. Tildxx xxx the Members shall make any such payment either by transfer to CRA of immediately available funds or by transfer to CRA of Shares or a combination of the foregoing. For these purposes, each Share will be valued at the average of the closing sale prices for the Common Stock as reported on the Nasdaq National Market System for the ten trading days preceding the Claim Establishment Date for the Claim Amount being paid. Such a transfer of Shares shall not violate the restrictions on transfer contained in Section 2.5.2. In the event that CRA is not paid the full Claim Amount within ten calendar days of the Claim Establishment Date, in addition to whatever other remedies it may have, CRA shall be entitled until such Claim Amount is paid in full (a) to offset against amounts otherwise due Tildxx xxx the Members, including, without limitation, amounts due the Members under the Consulting Agreements and (b) to prohibit any transfer, sale or disposition of the Shares.
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Method of Recovery. CRA shall pay to Tildxx xxx the Members the Tildxx Xxxim Amount within ten calendar days after the date such Tildxx Xxxim Amount was determined to be payable to Tildxx xxx the Members pursuant to Section 7.11(a) above.
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Method of Recovery. Any amounts due to the Buyer Indemnified Parties pursuant to Section 8.2(a) shall be satisfied, subject to the limitations set forth in this Section 8 (A) in respect of Offset Claims and Non-Offset Claims, by recourse to the Offset Reserve, subject to the limitations set forth in Section 2.9(b), and (B) in respect of any Non-Offset Claims, by recourse to any Contingent Payments or Accelerated Amount, subject to the limitations set forth in Section 2.9(c). Any amounts due to the Buyer Indemnified Parties pursuant to Section 8.2(c) shall be satisfied, subject to the limitations set forth in this Section 8, by recourse to any Contingent Payments or the Accelerated Amount to the relevant Company Securityholder, subject to the limitations set forth in Section 2.9(d). Without limiting any other rights or remedies available to the Buyer Parties, the Buyer Parties shall be entitled to offset any claim for Losses by a Buyer Indemnified Party pursuant to this Section 8 or any payments due and payable by any Indemnifying Securityholder to Buyer Parties pursuant to this Agreement against payments due and payable by any Buyer Indemnified Party to any Company Indemnified Party under this Agreement.
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Method of Recovery. The OPS Indemnitees under this Section 6.2 must first recover any amounts due them or any of them arising from valid claims under this Section 6.2 from the Stock Consideration, or so much thereof as remains in escrow at the time the claim is made, in accordance with the terms of the Escrow Agreement, until the Stock Consideration 41
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Related to Method of Recovery

  • Method of Making Payments Except as otherwise specifically provided herein, all payments hereunder shall be made to the Lender not later than the close of business (Houston time) on the date when due unless such date is a non-Business Day, in which case, such payment shall be due on the first Business Day thereafter, and shall be made in lawful money of the United States of America in immediately available funds.

  • Method of Liquidation Upon the happening of any of the events specified in Section 10.1 above, which require the Partnership to be liquidated and dissolved, the then General Partner of the Partnership or, in the event there is no remaining General Partner of the Partnership, such persons as may be designated by a majority of the Limited Partners, shall convert the Partnership assets into cash, and shall account for all cash proceeds separately for each Restaurant. All such cash shall be applied and distributed separately for each Restaurant in the following manner and in the following order of priority:

  • Method of Payments Any amount due under this Guarantee shall be paid:

  • Method of Payment Payment of the aggregate Exercise Price shall be by any of the following, or a combination thereof, at the election of the Optionee:

  • Method of Allocation The Employer must specify in its Adoption Agreement the manner of allocating each annual Employer contribution to this Trust.

  • Method of Computation To determine the Adviser’s liability with respect to the Excess Amount, each month the Fund Operating Expenses for the Fund shall be annualized as of the last day of the month. If the annualized Fund Operating Expenses for any month exceeds the Operating Expense Limit of the Fund, the Adviser shall first waive or reduce its investment advisory fee for such month by an amount sufficient to reduce the annualized Fund Operating Expenses to an amount no higher than the Operating Expense Limit. If the amount of the waived or reduced investment advisory fee for any such month is insufficient to pay the Excess Amount, the Adviser shall also remit to the Fund an amount that, together with the waived or reduced investment advisory fee, is sufficient to pay such Excess Amount.

  • Method of Distribution (a) All distributions with respect to each Class of Certificates on each Distribution Date shall be made pro rata among the outstanding Certificates of such Class, based on the Percentage Interest in such Class represented by each Certificate. Payments to the Certificateholders on each Distribution Date will be made by the Trustee to the Certificateholders of record on the related Record Date by check or money order mailed to a Certificateholder at the address appearing in the Certificate Register, or upon written request by such Certificateholder to the Trustee made not later than the applicable Record Date, by wire transfer to a U.S. depository institution acceptable to the Trustee, or by such other means of payment as such Certificateholder and the Trustee shall agree.

  • Method of Calculation The Finance Charge on my account is calculated by multiplying the number of days in the billing period by the daily periodic rate and multiplying the result by the "average daily balance". The "daily periodic rate" is the corresponding Annual Percentage Rate divided by 365. The "average daily balance" is figured by taking the beginning balance each day, adding any new advances, purchases, fees, or adjustments, and subtracting any payments or credits. The result is the daily balance, then all daily balances for the billing period are added together and the result is divided by the number of days in the billing period. To avoid paying Finance Charges on Purchase Transactions, the entire outstanding balance of all Purchase, Cash Advance, and Balance Transfer transactions as of the statement date and any Cash Advance or Balance Transfer transactions posted after the statement date, plus any Finance Charges and fees must be paid in full by the due date or the Finance Charge will be assessed from the date each purchase transaction posted. I cannot avoid Interest Charges on Cash Advance and Balance Transfers. Cash Advance and Balance Transfer transactions accrue interest immediately beginning on the date the transaction posts to the account. When there are different rates for purchase, cash advances, or balance transfers, separate average daily balances for each will be calculated and the appropriate periodic rate is then applied to each balance. Purchases and Cash Advances. I may use my card to buy goods and services anywhere it is accepted. I may also use my card to borrow cash from you by making cash advances at any financial institution or ATM (Automated Teller Machine) that accepts it. Making Payment. I will be sent a combined statement each month that shows me the new card account balance. I may pay the entire balance owing at any time, or I may pay in monthly installments. My monthly statement will show the minimum payment I must make and the date when you must receive the payment. My payment of the minimum payment due may be applied to what I owe the Credit Union in any manner you choose. If I make a payment in excess of the required minimum payment due, you will allocate the excess amount first to the balance with the highest annual percentage rate "APR" and any remaining portion to the other balances in descending order based on the next highest APR, as of the date you receive my payment unless otherwise prescribed by law. Other Charges. If I request copies of charge slips or statements, you can charge me a per item fee to cover the cost of finding and duplicating them. If I dispute a charge on my account, and after investigation it is found to be my charge, you can charge a fee to cover the cost of the research. The costs for such services is available in the Fee Schedule posted at each branch and you will provide me information regarding the current costs for such services at the time I make my request. My Credit Limit. From time to time, you may adjust my maximum credit limit. I agree to keep the total of purchases and cash advances made on my account within this limit. Exceeding Credit Limit. I understand that any amount charged over my credit limit will be immediately due and payable in addition to my regularly scheduled payment. The amount over limit will be reflected under the "Past Due" field on my statement and will be added to the "Current Payment". The total amount I will be required to pay in that billing cycle will include the amount exceeding the credit limit and all other amounts that would otherwise be due for that billing cycle.

  • Method of Payment of Purchase Price No later than 12:00 p.m. Eastern time on the Closing Date, Purchaser shall deposit with Escrow Agent the Purchase Price (less the Xxxxxxx Money Deposit), together with all other costs and amounts to be adjusted, pro-rated or paid by Purchaser at the Closing pursuant to the terms of this Agreement ("Purchaser's Costs"), by Federal Reserve wire transfer of immediately available funds to the account of Escrow Agent. Escrow Agent, following authorization by the parties at Closing, shall (i) pay to Seller by Federal Reserve wire transfer of immediately available funds to an account designated by Seller, the Purchase Price, subject to any costs or other amounts to be adjusted, pro-rated or paid by Seller at Closing pursuant to the terms of this Agreement, (ii) pay to the appropriate payees out of the proceeds of Closing payable to Seller all costs and amounts to be paid by Seller at Closing pursuant to the terms of this Agreement, and (iii) pay Purchaser's Costs to the appropriate payees at Closing pursuant to the terms of this Agreement. ARTICLE IV

  • Method of Electing Interest Rates (a) The Loans included in each Committed Borrowing shall bear interest initially at the type of rate specified by the Borrower in the applicable Notice of Committed Borrowing. Thereafter, the Borrower may from time to time elect to change or continue the type of interest rate borne by each Group of Loans (subject to Section 2.08(d) and the provisions of Article 8), as follows:

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