Valuation and Payment Clause Samples

Valuation and Payment. If a Variation proposed by the Provider causes or will cause the Provider‟s costs or those of a Sub-Contractor to decrease the Customer and the Provider shall share in the savings and there shall be an adjustment to the Contract Price to take account of the Customer‟s share of the savings. The value of the Estimate submitted by the Provider in accordance with Schedule 11 (Variation Procedure) shall be calculated in accordance with either: Schedule 2 (Pricing Schedule) where the Variation is of a similar character to the Services currently being performed; or at fair rates and prices where the Variation is not of a similar character to the Services currently being performed, so that the Provider is in no worse or better position.
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Valuation and Payment. Unless otherwise provided for in this Agreement or agreed to by the Parties, Transferred Assets and Liabilities transferred or assumed pursuant to this Article II shall be transferred on the Parties' respective financial statements at net book value.
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Valuation and Payment. The valuation of the Stock of the Corporation for purposes of establishing the purchase price to be paid for the Stock of a Stockholder pursuant to sections 3.1, 3.2, or 3.3, shall be the Annex I value of the Stock, as determined by this section. Valuation of Stock acquired as a result of options exercised under the Performance Engineering Corporation Stock Option Agreement shall be governed by said Agreement. Such shares which are disposed of as a result of termination, death, disability, retirement or choice thereunder shall be disposed of in accordance with Article 8, Article 10, or Article 12, of the Stock Option Agreement, whichever is applicable. The values set forth in Annex I shall be reviewed at least annually by December 31 of each year or more frequently if agreed to by the Board of Directors. Any changes in such values must be made in a writing signed by all of the Board of Directors. If such annual review does not take place or agreement as to change in valuation cannot be reached, the effective new Annex I value shall be the last value agreed upon increased by the rate of ten percent (10%) per full year or part thereof, from the date of such last agreement. Payment by the Corporation for the Stock of a Stockholder , whether Stock shall have been acquired as Initial Shares, or through options, or otherwise, shall be as determined by this section. The purchase price shall be evidenced by a negotiable promissory note executed by the Corporation bearing interest at the rate of ten percent (10%) per annum, requiring not more than 60 equal monthly payments of principal and interest, provided however that the minimum monthly payment may not be less than $2,000.00, excluding final payments which may be less than $2,000.00. Such note shall provide that, upon default in the payment of any installment of interest or principal, all remaining installment payments shall, at the option of the holder of said note, become immediately due and payable. Said note shall also give the Corporation the option of prepayment in whole or in part at any time with no penalty. Upon the sale of the Stock to the Corporation, the withdrawing Stockholder or estate shall be entitled to retain a security interest in the Stock to secure payment of the Corporation's obligation, which security interest shall be relinquished upon full payment for all of the Stock to be purchased under this Agreement. This note shall not be required, however, should the Corporation elect to pay the ...
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Valuation and Payment 
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Related to Valuation and Payment

  • Calculation and Payment Interest on LIBOR Loans and all other Obligations and the amount of any fees set forth in Subsection 1.4 shall be calculated on the basis of a three hundred sixty (360) day year for the actual number of days elapsed. Interest on the Base Rate Loans shall be calculated on the basis of a three hundred sixty-five or -six (365-6) day year for the actual number of days elapsed. The date of funding or conversion to a Base Rate Loan and the first day of an Interest Period with respect to a LIBOR Loan shall be included in the calculation of interest. The date of payment of any Loan and the last day of an Interest Period with respect to a LIBOR Loan shall be excluded from the calculation of interest; provided, if a Loan is repaid on the same day that it is made, one (1) day’s interest shall be charged. Interest accruing on the Base Rate Loan is payable in arrears on each of the following dates or events: (i) the last day of each calendar quarter; (ii) the prepayment of such Loan (or portion thereof); and (iii) the applicable Maturity Date or the Revolving Loan Expiration Date, as the case may be, whether by acceleration or otherwise. Interest accruing on each LIBOR Loan is payable in arrears on each of the following dates or events: (i) the last day of each applicable Interest Period; (ii) if the Interest Period is longer than three (3) months, on each three-month anniversary of the commencement date of such Interest Period; (iii) the prepayment of such Loan (or portion thereof); and (iv) the applicable Maturity Date or the Revolving Loan Expiration Date, as the case may be, whether by acceleration or otherwise.

  • Consideration and Payment The purchase price for the sale of the Purchased Assets sold to the Purchaser on the Closing Date shall equal the estimated fair market value of the Purchased Assets. Such purchase price shall be paid in cash to Santander Consumer in an amount agreed to between Santander Consumer and the Purchaser, and, to the extent not paid in cash by the Purchaser, shall be paid by a capital contribution by Santander Consumer of an undivided interest in such Purchased Assets that increases its equity interest in the Purchaser in an amount equal to the excess of the estimated fair market value of the Purchased Assets over the amount of cash paid by the Purchaser to Santander Consumer.

  • Computation and Payment Interest shall be computed on the basis of a 360-day year, actual days elapsed. Interest shall be payable at the times and place set forth in each promissory note or other instrument or document required hereby.

  • Collection and Payment The Trustees shall have power to collect all property due to the Trust; to pay all claims, including taxes, against the Trust Property or the Trust, the Trustees or any officer, employee or agent of the Trust; to prosecute, defend, compromise or abandon any claims relating to the Trust Property or the Trust, or the Trustees or any officer, employee or agent of the Trust; to foreclose any security interest securing any obligations, by virtue of which any property is owed to the Trust; and to enter into releases, agreements and other instruments. Except to the extent required for a corporation formed under the Delaware General Corporation Law, the Shareholders shall have no power to vote as to whether or not a court action, legal proceeding or claim should or should not be brought or maintained derivatively or as a class action on behalf of the Trust or the Shareholders.

  • Termination and Payment Upon any termination or expiration of this Agreement, Client shall pay all unpaid and outstanding fees through the effective date of termination or expiration of this Agreement. And upon such termination, Consultant shall provide and deliver to Client any and all outstanding services due through the effective date of this Agreement.