Subsequent Settlement Clause Samples

The Subsequent Settlement clause defines how parties will handle the resolution of outstanding issues or obligations that arise after the initial agreement has been executed. Typically, this clause outlines procedures for addressing matters such as additional payments, delivery of documents, or fulfillment of conditions that were not completed at closing. For example, if certain information or assets are discovered post-closing, the clause may specify timelines and responsibilities for settling these items. Its core practical function is to ensure that any unresolved matters are dealt with efficiently and fairly, reducing the risk of future disputes and providing a clear framework for post-agreement obligations.
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Subsequent Settlement. If mutually agreed upon by the Parties, on or before the date specified in such agreement, HUD shall deliver to Purchaser a list of the Mortgage Loans acquired by HUD from the Prior Servicer for any Subsequent Settlement Date (the ―Subsequent Assets‖). The list shall include for each such Mortgage Loan on such list, the information set forth on Exhibit C hereto. On the Subsequent Settlement Date, the list of Subsequent Assets shall be attached as Supplement No. 2 to Schedule I. Purchaser shall purchase the Subsequent Assets for an amount equal to the Aggregate Sales Price of such Subsequent Assets. On the Subsequent Settlement Date, the Settlement Date Payment shall be an amount equal to the amount set forth on the Settlement Statement for the Subsequent Assets. The aggregate positive escrow and suspense balances for the Subsequent Assets shall be subtracted from the Aggregate Sales Price to determine the net amount due as the Settlement Date Payment. The Settlement Date Payment is to be wired on the Subsequent Settlement Date prior to 2:00 p.m. ET to the account identified below: R & T Number ▇▇▇▇▇▇▇▇▇ Bank FHLB ATL City/State Atlanta, GA To Credit FHA Single Family Account Account Number ▇▇▇▇▇▇▇▇ Upon receipt of the Settlement Date Payment by HUD, HUD shall be deemed to have sold and conveyed to Purchaser, as of the applicable Claim Date for each Mortgage Loan, the Subsequent Assets identified as being purchased on Supplement No. 2 to Schedule I. On or before the date agreed upon by the parties, HUD shall deliver to Purchaser a Settlement Statement in the form of Exhibit E-3 for the Subsequent Settlement Date and Supplement No. 2 to Schedule I for all of the Subsequent Assets to be conveyed on the Subsequent Settlement Date.
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Subsequent Settlement. Each date of the settlements referred to in Clause 2.2 is called the “Subsequent Settlement Date”. On or before each Settlement Date and as a commercial arrangement between the Parties hereto, the Purchaser shall settle the respective tranche of the unpaid Balance Purchase Price either by cash payment or by the combination of cash payment and SIAF shares or by SIAF shares alone. In this respect of payment by SIAF shares, the Purchaser shall transfer or cause to be transferred SIAF’s shares to the Vendor and/or his nominee(s) as the Vendor shall direct and shall deliver the corresponding share certificates to the Vendor.
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Subsequent Settlement. (a) On the Second Settlement Date, if the Settlement Number is positive, GS&Co. shall deliver to the Company a number of shares of Common Stock equal to the Settlement Number. (b) In the event that the Settlement Number is negative, the Settlement Period and the Final Cash Settlement Amount shall be determined as follows: Commencing on the second Trading Day immediately following the Pricing Period Termination Date, GS&Co. will purchase a number of shares of Common Stock equal to the absolute value of the Settlement Number and, at the conclusion of such purchases, GS&Co. shall notify the Company of the completion of the Settlement Period and the Final Cash Settlement Amount. GS&Co. shall use commercially reasonable efforts in good faith to effect such purchases of Common Stock in a manner that would comply with the limitations set forth in clauses (b)(2), (b)(3), (b)(4) and (c) of Rule 10b-18 as if such rule were applicable to such purchases. (c) If the Settlement Number is negative and a valid Share Settlement Election Notice has not been delivered to GS&Co. by the Trading Day immediately following the Pricing Period Termination Date, the Company shall pay to GS&Co. the Final Cash Settlement Amount on the Second Settlement Date. (d) By providing to GS&Co. notice in writing (the “Share Settlement Election Notice”) of such election no later than one Trading Day immediately following the Pricing Period Termination Date, the Company may elect, in lieu of payment of the Final Cash Settlement Amount, to deliver to GS&Co., on one or more Staggered Share Settlement Dates (as specified below), the number of shares of Common Stock (the “Share Settlement Number”) that GS&Co., using commercially reasonable efforts, must sell in order to realize the Final Cash Settlement Amount during the Share Sale Period, subject to the following provisos: (i) The Company’s election to deliver such shares pursuant to this paragraph (d) shall not be valid and cash settlement shall apply if the representation made by the Company to GS&Co. in Section XVII(e) is not true and correct as of the date the Company makes such election, as if made on such date; (ii) Settlement of shares of Common Stock to be delivered by the Company to GS&Co. pursuant to this paragraph (d), up to the Share Settlement Number, shall occur on the second Trading Day immediately following notification by GS&Co. that such shares have been sold by GS&Co. during the Share Sale Period pursuant to this paragraph (d) (ea...
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Subsequent Settlement. (a) The Parties agree that, on July 31, 2010, (i) Company shall pay to Manager, or Manager shall pay to Company, as applicable, such amount as shall be required to be paid in order to cause the Incentive Fee to be based on the Company’s actual cash cost of producing a tonne of concentrate in the first two quarters of calendar year 2010 compared to the budget expectation for that period, calculated in accordance with the methodology set forth in Schedule A hereto, and (ii) Company shall pay to Manager Reimbursable Expenses not previously paid and to the extent documented in accordance with past practice. Manager and Company will concurrently provide for positive or negative adjustments, as the case may be, for estimated Reimbursable Expenses from any previous month to reflect actual amounts incurred, as previously contemplated by Section 4.3(b) of the MSA and in accordance with past practice. The payments referenced in this Section 1.2(a) shall be set off against each other, so that only one net payment shall be made pursuant to this Section 1.2(a) between Company and Manager. (b) Manager shall present to Company its calculation of the payments due from Company and from Manager, together with the calculation of the net payment due, pursuant to Section 1.2(a) on or before July 20. Company shall deliver to Manager within seven days of receipt of the calculations a notice stating that it agrees with the calculations or setting forth, in reasonable detail, any dispute as to the calculations and the basis for such dispute. A notice of Company setting forth a dispute as to the calculations shall be deemed a Dispute Notice, and Company and Manager shall proceed to resolve such dispute in accordance with Sections 4.4(g) and (h) of the MSA. If Company delivers a Dispute Notice, no payments pursuant to Section 1.2 shall be made until the amounts of such payments have been agreed by Company and Manager or resolved as set forth herein.
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Subsequent Settlement. If, due to a capital increase, the Seller shall acquire additional shares in Prazska Energetika, Stredoceska Energeticka, Vychodoceska Energetika, Severoceska Energetika, Zapadoceska Energetika, Jihoceska Energetika, Jihomoravska Energetika or Severomoravska E▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇ ▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ accept a tender offer of the Seller within 30 days of receipt and purchase such additional shares from the Seller for a purchase price determined pursuant to this Agreement payable on the relevant quantity of such additional shares on terms and conditions similar to those contained herein.
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Related to Subsequent Settlement

  • Assignment Settlement Option ☐ The undersigned Lender hereby agrees to have an amount equal to 100% of the outstanding principal amount of the Existing Term Loans held by such Lender prepaid on the Third Amendment Effective Date and to purchase by assignment 2020 Refinancing Term Loans in an equal principal amount (or such lesser amount allocated to such Lender by the Administrative Agent). ​ ARES L CLO LTD., as a 2020 Refinancing Term LenderBy: Ares CLO Management LLC, its asset manager By: /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ​ Name:▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ​ Title:Authorized Signatory ​ ​ ​ ☒ The undersigned Lender hereby commits an amount equal to 100% of the outstanding principal amount of the Existing Term Loans held by such Lender to be 2020 Refinancing Term Loans and agrees to exchange (on a cashless basis) 100% of the outstanding principal amount of the Existing Term Loans (or such lesser amount allocated to such Lender by the Administrative Agent) held by such Lender for 2020 Refinancing Term Loans in an equal principal amount.

  • Cash Settlement If Cash Settlement is applicable to any Option exercised or deemed exercised hereunder, in lieu of Section 8.1 of the Equity Definitions, Dealer will pay to Counterparty, on the relevant Settlement Date for each such Option, an amount of cash (the “Cash Settlement Amount”) equal to the sum, for each Valid Day during the Settlement Averaging Period for such Option, of (i) the Daily Option Value for such Valid Day, divided by (ii) the number of Valid Days in the Settlement Averaging Period.

  • Termination Settlement Upon the occurrence of any Acceleration Event, Dealer shall have the right to designate, upon at least one Scheduled Trading Day’s notice, any Scheduled Trading Day following such occurrence to be a Settlement Date hereunder (a “Termination Settlement Date”) to which Physical Settlement shall apply, and to select the number of Settlement Shares relating to such Termination Settlement Date; provided that (i) in the case of an Acceleration Event arising out of an Ownership Event, the number of Settlement Shares so designated by Dealer shall not exceed the number of Shares necessary to reduce the Share Amount to reasonably below the Post-Effective Limit and (ii) in the case of an Acceleration Event arising out of a Stock Borrow Event, the number of Settlement Shares so designated by Dealer shall not exceed the number of Shares as to which such Stock Borrow Event exists. If, upon designation of a Termination Settlement Date by Dealer pursuant to the preceding sentence, Counterparty fails to deliver the Settlement Shares relating to such Termination Settlement Date when due or otherwise fails to perform obligations within its control in respect of the Transaction, it shall be an Event of Default with respect to Counterparty and Section 6 of the Agreement shall apply. If an Acceleration Event occurs during an Unwind Period relating to a number of Settlement Shares to which Cash Settlement or Net Share Settlement applies, then on the Termination Settlement Date relating to such Acceleration Event, notwithstanding any election to the contrary by Counterparty, Cash Settlement or Net Share Settlement shall apply to the portion of the Settlement Shares relating to such Unwind Period as to which Dealer has unwound its hedge (assuming that Dealer has a commercially reasonable hedge and unwinds its hedge in a commercially reasonable manner) and Physical Settlement shall apply in respect of (x) the remainder (if any) of such Settlement Shares and (y) the Settlement Shares designated by Dealer in respect of such Termination Settlement Date. If an Acceleration Event occurs after Counterparty has designated a Settlement Date to which Physical Settlement applies but before the relevant Settlement Shares have been delivered to Dealer, then Dealer shall have the right to cancel such Settlement Date and designate a Termination Settlement Date in respect of such Shares pursuant to the first sentence hereof. Notwithstanding the foregoing, in the case of a Nationalization or Merger Event, if at the time of the related Relevant Settlement Date the Shares have changed into cash or any other property or the right to receive cash or any other property, the Calculation Agent shall adjust the nature of the Shares as it determines appropriate to account for such change such that the nature of the Shares is consistent with what shareholders receive in such event. If Dealer designates a Termination Settlement Date as a result of an Acceleration Event caused by an excess dividend of the type described in Paragraph 7(f)(ii), no adjustments(s) shall be made to the terms of this contract to account for the amount of such excess dividend.

  • Pro rata interest settlement If the Agent has notified the Lenders that it is able to distribute interest payments on a “pro rata basis” to Existing Lenders and New Lenders then (in respect of any transfer pursuant to Clause 23.5 (Procedure for transfer) or any assignment pursuant to Clause 23.6 (Procedure for assignment) the Transfer Date of which, in each case, is after the date of such notification and is not on the last day of an Interest Period): (a) any interest or fees in respect of the relevant participation which are expressed to accrue by reference to the lapse of time shall continue to accrue in favour of the Existing Lender up to but excluding the Transfer Date (“Accrued Amounts”) and shall become due and payable to the Existing Lender (without further interest accruing on them) on the last day of the current Interest Period (or, if the Interest Period is longer than six Months, on the next of the dates which falls at six Monthly intervals after the first day of that Interest Period); and (b) the rights assigned or transferred by the Existing Lender will not include the right to the Accrued Amounts so that, for the avoidance of doubt: (i) when the Accrued Amounts become payable, those Accrued Amounts will be payable for the account of the Existing Lender; and (ii) the amount payable to the New Lender on that date will be the amount which would, but for the application of this Clause 23.9, have been payable to it on that date, but after deduction of the Accrued Amounts.

  • CASH SETTLEMENT OPTION The undersigned Existing Tranche C Term Lender hereby irrevocably and unconditionally approves of, and consents to, the Amendment and having 100% of the outstanding principal amount of the Tranche C Term Loans held by such Existing Term Lender repaid on the Third Amendment Effective Date and to purchase by assignment Tranche D Term Loans in a like principal amount. By choosing this option, each undersigned Lender hereby acknowledges and agrees that the Administrative Agent may, in its sole discretion, elect not to allocate to such Lender or to allocate less than 100% of the principal amount of such Lender’s Tranche C Term Loans in Tranche D Term Loans. Northwoods Capital XIV, Limited By: ▇▇▇▇▇▇, ▇▇▇▇▇▇ & Co., LP As Collateral Manager By: /s/ ▇▇▇▇▇▇▇ ▇’▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇’▇▇▇▇▇▇ Title: Authorized Signatory ☑ CASHLESS ROLLOVER OPTION Each undersigned Existing Tranche C Term Lender hereby irrevocably and unconditionally approves of, and consents to, the Amendment and the exchange (on a cashless basis) of 100% of the outstanding principal amount of the Tranche C Term Loans held by such Lender for a Tranche D Term Loan in a like principal amount. By choosing this option, each undersigned Lender hereby acknowledges and agrees that the Administrative Agent may, in its sole discretion, elect not to exchange any amount of such Lender’s Tranche C Term Loans for Tranche D Term Loans or to exchange (on a cashless basis) less than 100% of the principal amount of such Lender’s Tranche C Term Loans for Tranche D Term Loans, in which case the difference between the current principal amount of such Lender’s Tranche C Term Loans and the allocated principal amount of Tranche D Term Loans will be prepaid on, and subject to the occurrence of, the Third Amendment Effective Date.