True-Up Payment Upon Resolution of Final Annuity Premium Sample Clauses

True-Up Payment Upon Resolution of Final Annuity Premium. By the earlier of (x) the date that is five Business Days following the final resolution of all disputes in accordance with Section 2.09(b) and (y) the 180-Day PBGC Date: (i) if the sum (A) of (x) the aggregate value of the assets in the Final Asset Statement, minus (y) the Interim Post-Closing Insurer Payment, if any, plus (z) the Interim Post-Closing Plan Payment, if any, exceeds (B) the amount of the Final Annuity Premium, then, subject to the execution of the amended Group Annuity Contract in connection with Section 2.15, either Insurer Parent or the Insurer shall pay to the Plan Trustee an amount, in Cash, equal to such excess plus interest of [ *** ] on such aggregate amount, compounded daily from the Closing Date to and including the date of such payment; and (ii) if the sum (A) of (x) the amount of the Final Annuity Premium, minus (y) the Interim Post-Closing Insurer Payment, if any, plus (z) the Interim Post-Closing Plan Payment, if any, exceeds (B) the aggregate value of the assets in the Final Asset Statement, then, subject to the execution of the amended Group Annuity Contract in connection with Section 2.15, the Independent Fiduciary will irrevocably direct the [***] Confidential Treatment Requested Confidential portion omitted and filed separately with the Commission Plan Trustee to pay to the Insurer an amount, in Cash, equal to such excess plus interest of [ *** ] on such aggregate amount, compounded daily from the Closing Date to and including the date of such payment.

Related to True-Up Payment Upon Resolution of Final Annuity Premium

  • Surrender of Notes Upon Final Payment By acceptance of any Note, the Holder thereof agrees to surrender such Note to the Indenture Trustee promptly, prior to such Noteholder's receipt of the final payment thereon.

  • Extension of Payment; Reduction of Principal Interest or Fees; Modification of Terms of Payment Whether or not any Loans are outstanding, extend the Expiration Date or the time for payment of principal or interest of any Loan (excluding the due date of any mandatory prepayment of a Loan), the Commitment Fee or any other fee payable to any Lender, or reduce the principal amount of or the rate of interest borne by any Loan or reduce the Commitment Fee or any other fee payable to any Lender, without the consent of each Lender directly affected thereby;

  • Calculation of Benefits Immediately following delivery of any Notice of Termination, the Company shall notify the Executive of the aggregate present value of all termination benefits to which he would be entitled under this Agreement and any other plan, program or arrangement as of the projected Date of Termination, together with the projected maximum payments, determined as of such projected Date of Termination that could be paid without the Executive being subject to the Excise Tax.

  • Additional Voting Terms; Calculation of Principal Amount All Notes issued under this Indenture shall vote and consent together on all matters (as to which any of such Notes may vote) as one class and no Notes will have the right to vote or consent as a separate class on any matter. Determinations as to whether holders of the requisite aggregate principal amount of Notes have concurred in any direction, waiver or consent shall be made in accordance with this Article IX and Section 2.13.

  • Repayment of Amounts Advanced for Network Upgrades Upon the Commercial Operation Date, the Interconnection Customer shall be entitled to a repayment, equal to the total amount paid to the Participating TO for the cost of Network Upgrades. Such amount shall include any tax gross-up or other tax-related payments associated with Network Upgrades not refunded to the Interconnection Customer, and shall be paid to the Interconnection Customer by the Participating TO on a dollar-for- dollar basis either through (1) direct payments made on a levelized basis over the five- year period commencing on the Commercial Operation Date; or (2) any alternative payment schedule that is mutually agreeable to the Interconnection Customer and Participating TO, provided that such amount is paid within five (5) years from the Commercial Operation Date. Notwithstanding the foregoing, if this Agreement terminates within five (5) years from the Commercial Operation Date, the Participating TO’s obligation to pay refunds to the Interconnection Customer shall cease as of the date of termination. Any repayment shall include interest calculated in accordance with the methodology set forth in FERC’s regulations at 18 C.F.R. §35.19a(a)(2)(iii) from the date of any payment for Network Upgrades through the date on which the Interconnection Customer receives a repayment of such payment. Interest shall continue to accrue on the repayment obligation so long as this Agreement is in effect. The Interconnection Customer may assign such repayment rights to any person. If the Small Generating Facility fails to achieve commercial operation, but it or another Generating Facility is later constructed and makes use of the Network Upgrades, the Participating TO shall at that time reimburse Interconnection Customer for the amounts advanced for the Network Upgrades. Before any such reimbursement can occur, the Interconnection Customer, or the entity that ultimately constructs the Generating Facility, if different, is responsible for identifying the entity to which reimbursement must be made.