Payment to Buyer. Seller will pay Buyer in immediately available funds.
Payment to Buyer. The Invoice referred to in Section 9.2.1 (Invoicing and Payment) above shall deduct any amounts owing to Buyer from amounts due to Supplier and shall indicate the net payment due Supplier or Buyer, as applicable. Supplier shall provide supporting data in reasonable detail to support its calculations of any amounts owing to Buyer. Any payment due to Buyer shall be made within thirty (30) calendar days of the date of the Invoice.
Payment to Buyer. 61 ARTICLE XIII MISCELLANEOUS..................................................61
Payment to Buyer. Seller shall cause all payments of the Second Payment to be paid directly from J. Lindeberg USA Corp. or its affiliates to an account designated by Buyer. If Seller receives any of the Second Payment directly, Seller will hold such amount in trust and will promptly pay such amount to an account designated by Buyer.
Payment to Buyer. 64 11.6 Instructions to LLG&M.................................... 65 ARTICLE XII MISCELLANEOUS 12.1 Entire Agreement......................................... 65 12.2 Expenses................................................. 66 12.3
Payment to Buyer. In the event of any termination of this Agreement, except as provided in Section 11.4 hereof, the Deposit plus all interest earned thereon shall be paid to Buyer upon such termination. In addition, if all the conditions to Figgie's obligations under this Agreement set forth in Article VII have been satisfied on or before December 30, 1994, or any mutual extension thereof, and any of Figgie, Holdings or Services fails materially to perform its obligations hereunder because Figgie has failed to obtain all approvals required from Figgie's lending institutions for the consummation of the transactions contemplated hereby, Buyer may elect to terminate this Agreement pursuant to Section 10.1(b) hereof and upon such termination LLG&M shall pay Buyer the Deposit plus all interest earned thereon and Figgie shall pay Buyer an additional $500,000.00 in immediately available funds.
Payment to Buyer. In the event any Shortfall occurs pursuant to Section 3 (Supply Service Obligations), the Invoice referred to in Section 9.2.1 (Invoicing and Payment) above shall deduct Replacement Costs, REC Replacement Costs and any other amounts owing to Buyer from amounts due to Supplier and shall indicate the net payment due Supplier or Buyer, as applicable. Buyer shall provide supporting data in reasonable detail to support its calculations of Replacement Costs, REC Replacement Costs and any other amounts owing to Buyer. Any payment due to Buyer shall be made within ten calendar days of the date of the Invoice.
Payment to Buyer. In the event of any termination of this Agreement, except as provided in Section 13.3 hereof, the Deposit plus all interest and income earned thereon shall be paid to Buyer upon such termination in accordance with the written instructions of Buyer. In the event of a termination of this Agreement by Buyer pursuant to Section 12.1(b), the return of the Deposit to Buyer shall be Buyer's sole remedy under this Agreement.
Payment to Buyer. Upon joint written instructions by Buyer and Nemaxxxx xx the Escrow Agent, Buyer shall be entitled to payment from the Escrow Funds for the following:
Payment to Buyer. If a Buyer Indemnified Person is entitled to the recovery of Damages pursuant to any Claim that is agreed to pursuant to Section 9.5(a) (Admitted Claims), Buyer (on behalf of the Buyer Indemnified Persons) shall be entitled under the terms of Section 9.9 (Fund Indemnity) to receive from the Fund Indemnity the amount of Damages arising out of or resulting from such Claim as so determined pursuant to this Article IX (Indemnification; Tax Matters) (or, if less, the entire Fund Indemnity) in accordance with Section 9.9 (Fund Indemnity) of this Agreement. To the extent that amounts payable by the Fund Indemnitor are not available (whether by reason of breach, depletion of funds or otherwise), Buyer (on behalf of the Buyer Indemnified Persons) shall be entitled to seek such shortfall from the Sellers and the Blocker Sellers pursuant to Section 9.1(a)(iii) (Indemnification of Buyer), in each case subject to all applicable limitations to such recovery set forth in this Article IX (Indemnification; Tax Matters).
