Monthly Transit Surcharge Sample Clauses

Monthly Transit Surcharge. EarthLink shall pay to TWC a monthly transit surcharge (“Transit Surcharge”) for each Service Subscriber as set forth below: (i) For the period commencing upon the Effective Date and ending on the first anniversary thereof (i.e., the first Annual Benchmark Date after the Effective Date), the Transit Surcharge shall be _______ dollar and ________ cents ($_____) per the average number of Service Subscribers during the month (the “Base Transit Charge”). (ii) TWC shall calculate the average transit layer utilization in kilobits per second (“kbps”) per Service Subscriber for the EarthLink High-Speed Service for the thirty (30) day period preceding each Annual Benchmark Date after the Effective Date (the calculation of average utilization for such an Annual Benchmark Date referred to herein as an “Annual Benchmark Date Average”). In the event any Annual Benchmark Date Average is equal to or greater than 22.5 kbps, subject to the provisions of Section 2.2(d)(v) below, the monthly Transit Surcharge for the subsequent twelve (12) month period during the Term shall be the Base Transit Charge as increased by $.055 per Service Subscriber for each kbps that the Benchmark Date Average exceeds 21.5 kbps. (iii) The monthly Transit Surcharge shall be paid to TWC by EarthLink for the average number of Service Subscribers billed by EarthLink during the month, or retained by TWC for the average number of Service Subscribers billed by TWC during the month, if any. (iv) For purposes of this Section 2.2(d), the average number of Service Subscribers in a month shall be determined by adding the number of Service Subscribers on the first day of the month to the number of Service Subscribers on the last day of the month and dividing by two (2). (v) Notwithstanding the foregoing, to the extent an Annual Benchmark Date Average exceeds 54 kbps, EarthLink shall have the right to notify TWC in writing within fifteen (15) days after the Annual Benchmark Date to request that TWC waive any incremental monthly Transit Surcharge due hereunder for that portion of the Benchmark Date Average in excess of 54 kbps. To the extent TWC does not notify EarthLink in writing of its agreement to such a waiver within thirty (30) days of EarthLink’s request, EarthLink shall have fifteen (15) days thereafter to terminate this Agreement pursuant to Section 8.5 herein upon written notice to TWC.

Related to Monthly Transit Surcharge

  • Distribution Assistance Fees (Asset-Based Sales Charge) Within ten (10) days of the end of each month or at such other period as deemed appropriate by the Distributor, the Fund will make payments in the aggregate amount of up to 0.75% on an annual basis of the average during the month of the aggregate net asset value of Shares computed as of the close of each business day (the “Asset-Based Sales Charge”) outstanding until such Shares are redeemed or converted to another class of shares of the Fund, provided, however, that a majority of the Independent Trustees may, but are not obligated to, set a time period (the “Fund Maximum Holding Period”) from time to time for such payments. Such Asset-Based Sales Charge payments received from the Fund will compensate the Distributor for providing distribution assistance in connection with the sale of Shares. The distribution assistance to be rendered by the Distributor in connection with the Shares may include, but shall not be limited to, the following: (i) paying sales commissions to any broker, dealer, bank or other person or entity that sells Shares, and/or paying such persons “Advance Service Fee Payments” (as defined below) in advance of, and/or in amounts greater than, the amount provided for in Section 3(b) of this Agreement; (ii) paying compensation to and expenses of personnel of the Distributor who support distribution of Shares by Recipients; (iii) obtaining financing or providing such financing from its own resources, or from an affiliate, for the interest and other borrowing costs of the Distributor's unreimbursed expenses incurred in rendering distribution assistance and administrative support services to the Fund; and (iv) paying other direct distribution costs, including without limitation the costs of sales literature, advertising and prospectuses (other than those prospectuses furnished to current holders of the Fund's shares ("Shareholders")) and state "blue sky" registration expenses.

  • Distribution Assistance Fees (Asset-Based Sales Charge) Payments In its sole discretion and irrespective of whichever alternative method of making service fee payments to Recipients is selected by the Distributor, in addition the Distributor may make distribution assistance fee payments to a Recipient quarterly, or at such other interval as deemed appropriate by the Distributor, within forty-five (45) days after the end of each calendar quarter or other period, at a rate not to exceed 0.1875% (0.75% on an annual basis) of the average during the period of the aggregate net asset value of Shares computed as of the close of each business day constituting Qualified Holdings owned beneficially or of record by the Recipient or its Customers until such Shares are redeemed or converted to another class of shares of the Fund, provided, however, that a majority of the Independent Trustees may, but are not obligated to, set a time period (the "Recipient Maximum Holding Period") for making such payments. Distribution assistance fee payments shall be made only to Recipients that are registered with the SEC as a broker-dealer or are exempt from registration. The distribution assistance to be rendered by the Recipients in connection with the sale of Shares may include, but shall not be limited to, the following: distributing sales literature and prospectuses other than those furnished to current Shareholders, providing compensation to and paying expenses of personnel of the Recipient who support the distribution of Shares by the Recipient, and providing such other information and services in connection with the distribution of Shares as the Distributor or the Fund may reasonably request.

  • % Deposit Payment of The Fixed Reserve Price 5.1. E-Bidders must make deposit payment as required under the Conditions of Sale attached to Proclamation of Sale, i.e. 10% of the reserve price. 5.2. Payment of the deposit must be made via local bank transfer in favour of Rajan Auctioneers Bidders Account (BIDDER DEPOSIT). Transaction must be done with in one (1) working day before the auction date with the following details; a) Account’s Name : RAJAN AUCTIONEERS SDN BHD - ACC2 b) Name of Bank : RHB BANK BERHAD c) Account Number : 21242400054193 d) Description : BIDDER DEPOSIT 5.3. Evidence of the transfer must be uploaded and submitted at the time of registration. 5.4. E-Bidders residing outside Malaysia/ (“Foreign E-Bidders”) must make deposit payment as required under the Conditions of Sale attached to Proclamation of Sale, i.e. 10% of the reserve price. Payment of the deposit must be made to as per mentioned in Proclamation of Sale in favour of the Auctioneer in accordance with 5.2 herein above with Swift Code as: ▇▇▇▇▇▇▇▇ ,Branch :1812424, Jalan Stesyen Klang. Evidence of payment must be uploaded and submitted at ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇.▇▇▇ or WhatsApp to ▇▇▇-▇▇▇▇▇▇▇ within (4) working days before auction date.

  • Monthly Base Rent With respect to any Payment Date and any Lease Vehicle (other than a Lease Vehicle with respect to which the Disposition Date occurred during such Related Month), the “Monthly Base Rent” with respect to such Lease Vehicle for such Payment Date shall equal the pro rata portion (based upon the number of days in the Related Month with respect to such Payment Date that were included in the Vehicle Term for such Lease Vehicle) of the Depreciation Charge for such Lease Vehicle as of the last day of such Related Month calculated on a 30/360 day basis.

  • Payments of Post-Closing Adjustment Except as otherwise provided herein, any payment of the Post-Closing Adjustment, together with interest calculated as set forth below, shall (A) be due (x) within five (5) Business Days of acceptance of the applicable Closing Working Capital Statement or (y) if there are Disputed Amounts, then within five (5) Business Days of the resolution described in clause (v) above; and (B) be paid by wire transfer of immediately available funds to such account(s) as is directed by Buyer or Sellers, as the case may be.