Time and Amount Clause Samples

Time and Amount. Subject to and contingent upon the terms and conditions stated in Sections 2 and 3 of this Agreement, Clorox will purchase from Henkel, and Henkel will agree to sell to Clorox on the Purchase Dates the number of shares of Stock that, when multiplied by the Value for the applicable Calculation Period, will have a total value of up to: $50 million on December 15, 2003, $50 million on June 15, 2004, $65 million on December 15, 2004 and $65 million on June 15, 2005. If, during the relevant Calculation Period, Clorox issues any new Stock (including reissuances of treasury shares), other than pursuant to an employee or director compensation plan, including, but not limited to, The Clorox Company 1987 Long-Term Compensation Plan, The Clorox Company 1996 Stock Incentive Plan, The Clorox Company Executive Incentive Compensation Plan, The Clorox Company Independent Directors’ Stock-Based Compensation Plan and The Clorox Company 1993 Directors’ Stock Option Plan, then, at ▇▇▇▇▇▇’▇ option, the number of shares of Stock that Henkel will agree to sell to Clorox shall be reduced to the number of shares of Stock that, when subtracted from ▇▇▇▇▇▇’▇ then current holdings, will result in Henkel owning no less than the same percentage of Clorox’s then aggregate outstanding Stock, as Henkel owned at the start of such Calculation Period. In each case, the purchase price per share of Stock purchased from Henkel shall be equal to the then applicable Value and the payment for such shares shall be made in immediately available funds on the applicable Purchase Date. In order that Henkel may verify the Value as at any Purchase Date, at least five (5) business days prior to such Purchase Date, Clorox will supply to Henkel, in writing, the volume weighted average purchase price calculation, and all supporting documentation, for all Non-Henkel Purchases and Applicable Non –Henkel Purchases for the applicable Calculation Period. Should Henkel object to any of these calculations, Henkel may delay the Purchase Date until it is satisfied with the information provided and the calculations supported thereby. Upon receipt of the agreed upon Purchase Price, Henkel will transfer the relevant number of shares of Stock to Clorox.

Time and Amount. Subject to such conditions precedent and other requirements, the Lender shall make advances upon not less than three (3) business days prior written request from the Borrower to the Lender, not more frequently than weekly, and in amounts not less than $100,000. The Lender shall have no obligation to make a requested advance unless and until the Borrower and Guarantor have complied to the reasonable satisfaction of the Lender and its counsel with all applicable terms and conditions of this Agreement, the Note and the Security Instruments.

Time and Amount. Subject to the provisions of Section 4.10 hereof (regarding abatement in event of loss of use of any portion of the Property), Section 7.3 hereof (regarding option to purchase) and Article X (regarding prepayment of Lease Payments), the District agrees to pay to the Lessor, its successors and assigns, as annual rental for the use and possession of the Property, the Lease Payments (denominated into components of principal and interest, the interest component being paid semiannually) in the amounts specified in Exhibit A, to be due and payable on the fifteenth (15th) day of the month (or if such day is not a Business Day, the next succeeding Business Day) immediately preceding the respective Certificate Payment Dates as specified in Exhibit A (the “Lease Payment Date”) which are sufficient in both time and amount to pay when due the annual principal and semiannual interest represented by the Certificates. In the event the District does not pay a Lease Payment due on the respective Lease Payment Date, the Trustee shall provide prompt written notice to the District of such failure to pay; provided, however, that failure to give such notice shall not excuse any event of default under such Section 9.1 hereof.

Time and Amount. Subject to the provisions of Article X hereof (regarding prepayment of Lease Payments), the City agrees to pay to the Authority, its successors and assigns, as annual rental for the use and possession of the Property, the Lease Payments (denominated into interest portions and principal portions) to be due and payable in arrears on the days specified in Exhibit B hereto or if such a day is not a Business Day then on the next succeeding Business Day (each such day a “Lease Payment Date”).

Time and Amount. Subject to the provisions of and limitations contained in Sections 4.4(b), 4.10 and 6.1 hereof, the City agrees to pay to the JEPA, its successors and assigns, from moneys on deposit in the Lease Revenues Fund, as the annual rental for the use and possession of the Facility, the Lease Payments in the amounts and on the dates set forth in this Section 4.4 (a). The Lease Payments are due and payable in arrears and in immediately available funds on each Lease Payment Date. The payment due on each May 15 shall be rental for the period from the prior November 15 through the next following May 14 and shall be in an amount equal to the amount on deposit in the Lease Revenues Fund on such Lease Payment Date, and the payment due on each November 15 shall be rental for the period from the prior May 15 through the next following November 14 and shall be in an amount equal to the amount on deposit in the Lease Revenues Fund on such Lease Payment Date; provided, however, that the total Lease Payments due in a Lease Year shall not exceed the Maximum Lease Payment for such Lease Year. In the event that amounts remain on deposit in the Lease Revenues Fund on May 15 of any year after the payment of the Lease Payments due on such date, then such amounts shall remain on deposit therein and be applied to subsequent Lease Payments when due. The obligation of the City to pay Lease Payments shall commence on the first Lease Payment Date; provided, however, that, if only a portion of the Convention Center has been made available for use and occupancy by the City, then Lease Payments shall be paid only to the extent described in Section 4.10(a) hereof. Lease Payments shall be paid to the Trustee for deposit to the Revenue Fund.

Time and Amount. Subject to the provisions of Section 3.8 (regarding abatement in event of loss of use of any portion of the Leased Property), and Article IX (regarding prepayment of Lease Payments), the Lessee agrees to pay to the Bank, its successors and assigns, as annual rental for the use and possession of the Leased Property, the Lease Payments (denominated into components of principal and interest) in the amounts specified in Exhibit A, to be due and payable in arrears on each payment date identified in Exhibit A (or if such day is not a Business Day, the next succeeding Business Day) specified in Exhibit A (the “Lease Payment Date”). In the event that the Lessee does not pay a Lease Payment due on the respective Lease Payment Date, the Bank shall provide prompt written notice to the Lessee of such failure to pay; provided, however, that failure to give such notice shall not excuse any event of default under such Section 8.1 hereof.

Time and Amount. Subject to the provisions of Article VI and Article X hereof, the Lessee agrees to pay to the Lessor, its successors and assigns, as rental for the use and possession of the Leased Property, the Lease Payments in the amounts specified in Exhibit A hereto, to be due and payable on each Lease Payment Date, which are intended to be sufficient in both time and amount to pay the Principal Components and Interest Components with respect to the Certificates due on the next Interest Payment Date. Delinquent Lease Payments, if any, shall be made to the Trustee for application in accordance with the Trust Agreement. Lease Payments shall be paid from any source of legally available funds of the Lessee, and so long as the Leased Property, or a sufficient portion thereof, is available for the use, the Lessee covenants to take such action as may be necessary to include all Lease Payments due hereunder in its budgets and to make the necessary appropriations for all such Lease Payments and Additional Payments. During the Term hereof, the Lessee will furnish to the Trustee, no later than twenty (20) days following the adoption of the budget for its then-current fiscal year, and prior to the beginning of the fiscal year, a certificate of the Authorized Signatory to the effect that amounts stated in the Lessee’s proposed annual budget for the payment of Lease Payments due under this Lease in the fiscal year covered by such budget and approved by the Governing Board are fully adequate for the payment of all Lease Payments due under this Lease in such fiscal year, in the form of Exhibit D to the Trust Agreement as provided in Section 10.2 of the Trust Agreement. The covenants on the part of the Lessee herein contained shall be deemed to be and shall be construed to be duties imposed by law and it shall be the duty of each and every public official of the Lessee to take such action and do such things as are required by law in the performance of the official duty of such officials to enable the Lessee to carry out and perform the covenants and agreements in this Lease agreed to be carried out and performed by the Lessee.

Time and Amount. Subject to the provisions of Article VI and Article X, the Lessee agrees to pay to the Lessor, its successors and assigns, as rental for the use and possession of the Leased Premises, the Lease Payments in the amounts specified in Exhibit A, to be due and payable on the fifteenth (15th) day of each June and December or, if any such day is not a Business Day, then the next succeeding Business Day (each, a “Lease Payment Date”), which are intended to be sufficient in both time and amount to pay when due the portion of the Principal Component and Interest Component evidenced and represented by the Certificates and due on the next Payment Date. The Lease Payments shall be treated as a credit against the payments due to be distributed to the Owners on such Payment Date.