Payments Contract Clauses (8,388)

Payments. As soon as practicable following the end of the Performance Period, the Board shall determine the number, if any, of Common Shares, issuable pursuant to this Agreement. Subject to applicable tax withholding, such shares shall be issued to Recipient as soon as practicable following the end of the Performance Period. No fractional shares shall be issued and the number of shares deliverable shall be rounded down to the nearest whole share, and any remaining fractional shares shall be paid in cash.... Notwithstanding anything hereinabove to the contrary, if any of Section 3.2, 3.3 or 3.4 requires an earlier award payout, a similar process shall be followed in accordance with the timing identified therein. If Recipient is obligated to deliver a Release in accordance with Section 3.4 and if Recipient's Termination Date (as defined and determined pursuant to the Employment Agreement) occurs during the last 40 days of the calendar year, the payment shall in no event be made earlier than the first business day of the succeeding calendar. 2 5. Tax Withholding. 5.1 Recipient acknowledges that on the date that shares underlying the PSUs are issued to Recipient, the fair market value of the Common Shares will be treated as ordinary compensation income for federal and state and provincial income tax purposes and employment tax purposes, and that the Company will be required to withhold taxes on these income amounts pursuant to Section 5.2 below. 5.2 Prior to any relevant taxable or tax withholding event, as applicable, Recipient agrees to make adequate arrangements satisfactory to the Company and/or the Employer to satisfy all federal, state and other tax withholding obligations. In this regard, Recipient authorizes the Company and/or the Employer, or their respective agents, at their discretion, to satisfy applicable withholding obligations by one or a combination of the following: (a) withholding from Recipient's or other cash compensation paid by the Company and/or the Employer; or (b) withholding from proceeds of the sale of Common Shares acquired upon vesting/settlement of the PSUs either through a voluntary sale or through a mandatory sale arranged by the Company on Recipient's behalf pursuant to this authorization; or (c) withholding in Common Shares to be issued upon vesting/settlement of the PSUs. 5.3 If the withholding obligation is satisfied by withholding in Common Shares, for tax purposes, Recipient is deemed to have been issued the full number of Common Shares subject to the vested PSUs, notwithstanding that a number of the Common Shares are held back solely for the purpose of paying the withholding. 5.4 Recipient agrees to pay to the Company or the Employer any amount the Company or the Employer may be required to withhold or account for as a result of this award that cannot be satisfied by the means previously described. The Company may refuse to issue or deliver the shares or the proceeds of the sale of shares if Recipient fails to comply with these obligations. View More

Payments. (a) The unpaid principal amount and any unpaid interest amount of this Note may be converted into Rule 144 Restricted Common Stock of the Company as provided herein on or before (the "Maturity Date") at the option of the holder. (b) Interest on the unpaid principal balance of this Note at the rate of ZERO percent (0%) per annum shall accrue from the date hereof and will be payable to the Payee in monthly payments of $0.00, payable at the end of each month and will be paid by check or bank... deposit, as directed by the note holder. (c) In the event that any payment of principal and/or interest hereunder becomes due and payable on a Saturday, Sunday or other day on which commercial banks in the Province of Ontario are authorized or required by law to close, then the maturity thereof shall be extended to the next succeeding "Business Day" (defined as any days on which national banks in Canada are open for business); and during any such extension, interest on principal amounts payable shall accrue and be payable at the applicable rate. View More

Payments. Subject to the further provisions of this Agreement, as soon as reasonably practical following the end of the Vesting Period (but in no event later than the last day of the calendar year during which the Vesting Period ends), you will receive a number of shares of Stock equal to the number of vested Performance Shares granted hereunder. In addition, you will receive cash relating to the amount of the DERs that you are entitled to as described in Section 4.

Payments. The Principal Amount of this Note, together with accrued but unpaid interest and any other sums owed hereunder, shall be due and payable at the written demand of Holder after the earlier of either (a) such time as Maker has raised sufficient new funds (net of related offering expenses) to make such payment, as reasonably determined by Holder, or (b) the close of business on March 31, 2015. All payments and prepayments shall, at the option of Holder, be credited first to any costs of collection,... second to accrued but unpaid interest, and third to the Principal Amount. View More

Payments. All payments of principal and interest on the Loan that are to be paid in cash shall be paid to Lender in immediately available funds, to such account as Lender may specify in writing. All payments made by the Borrower hereunder shall be applied first to all costs incurred by Lender which are to be reimbursed or otherwise paid by the Borrower pursuant to the terms hereof, second to interest accrued through the date of such payment, and then in satisfaction of outstanding principal. In each case... unless otherwise directed by the Borrower, all principal payments shall be applied in direct order of amortization and maturity. If all or any portion of the principal and interest owed pursuant to the Loan is due and payable on a day that is not a Business Day, such time for payment shall be extended to the next succeeding Business Day. "Business Day" means a day on which banks are not required or authorized by law to close in New York City. View More

Payments. The Principal Amount of this Note and any other sums owed hereunder, shall be due and payable at the close of business on March 1, 2016. All payments and prepayments shall, at the option of Holder, be credited first to any costs of collection and second to the Principal Amount.

Payments. All amounts payable here under shall be paid in lawful money of the United States by certified check or wire transfer. Maker may repay all or any portion of the unpaid principal amount of this Note without any premium or penalty. The unpaid principal and accrued interest under this Note shall become all due and payable on November 10, 2016 (the "Maturity Date"). This Note shall bear interest at the rate of 6% per annum.

Payments. Notwithstanding Section 6(a) of the Plan, the EBI Units shall become payable on the earlier of (i) December 31, 2016, (ii) a "change in control event" as defined in Code Section 409A, (iii) Participant's "separation from service," as defined in Code Section 409A, by reason of his Disability (as defined in the Employment Agreement), or (iv) Participant's death. The other terms and conditions of payment with respect to the EBI Units are provided in Section 6(b) of the Plan. Pursuant to Section... 9(j) of the Plan, notwithstanding anything herein to the contrary, if the EBI Units would otherwise be payable under this Agreement by reason of Participant's separation from service during a period in which he is a "specified employee" within the meaning of Section 409A(a)(2)(B)(i), then, subject to any permissible acceleration of payment by the Company under Treas. Reg. Section 1.409A-3(j)(4)(vi), then payment with respect to the EBI Units will be made on the first day of the seventh month following Participant's separation from service (or, if Participant dies during such period, within 30 days after Participant's death). View More

Payments. (a) The Purchaser encloses herewith a check payable to, or will immediately make a wire transfer payment to the Company in the full amount of the purchase price of the Units being subscribed for. Wire transfer instructions are set forth on page 12 hereof under the heading "To subscribe for Units in the private offering of GrowGeneration Corp." Each Purchaser must also deliver two completed and executed Omnibus Signature Pages to this Subscription Agreement and the Registration Rights Agreement,... in the form of Annex B to the Memorandum (the "Registration Rights Agreement"). View More

Payments. Each Equipment Note shall provide for scheduled "Payments" of principal and interest payable by Borrower to Lender in the amounts and at the times during the "Equipment Note Term" through and including the "Maturity Date", all as provided in such Equipment Note. All payments made pursuant to any Equipment Note shall be paid to Agent for the benefit of Lender. All payments received by Agent after 1:00 p.m. Eastern on any due date shall be deemed received on the next succeeding Business Day and... any applicable interest shall continue to accrue. If any Payment or other amount payable hereunder is not paid within 5 days of its due date, Borrower shall pay an administrative late charge of 2% of the amount not timely paid. All Payments and other amounts payable under an Equipment Note shall be made in immediately available funds at Agent's address above or such other place as Agent shall specify in writing. Borrower shall have the right to prepay any Equipment Note as provided therein. It is the intention of Lender to comply with all applicable usury laws and, accordingly, it is agreed that notwithstanding anything to the contrary contained herein or in any Equipment Note, in no event shall any provision herein or therein require or permit interest in excess of the maximum amount permitted by applicable law. If necessary to give effect to these provisions, Lender will, at its option, in accordance with applicable law, either refund any amount to Borrower to the extent in excess of that allowed by applicable law, or credit such excess amount against the then unpaid principal balance under the applicable Equipment Note(s). Unless otherwise provided herein, all amounts received under any Equipment Note will be applied, first, to accrued late charges, fees and other costs and expenses due and owing, second, to accrued interest and, third, to unpaid principal. View More