Banks and Payments Sample Clauses

Banks and Payments. (a) Cause all Collateral Revenues and Proceeds to be deposited in the account(s) with the bank(s) listed on Schedule 6.14 and Borrowers shall pay, and hereby authorize Administrative Agent to cause to be paid, all Obligations as and when due from all amounts in any bank required to be listed on Schedule 6.14. Borrowers shall enter into such control agreements or other similar agreements between each such bank, Borrowers and Administrative Agent, as Administrative Agent shall deem necessary in its Sole Discretion, in form and substance reasonably acceptable to the Administrative Agent, providing for such bank’s agreement to disburse any such amounts in accordance with the instruction of Administrative Agent without the further consent of, or notice to, Borrowers. Borrowers hereby appoint Administrative Agent as their attorney-in-fact for the purpose of executing such agreement(s) on behalf of the Borrowers as set forth in Section 6.14 hereof.
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Banks and Payments. Cause all Collateral Revenues and Proceeds to be deposited (x) into that certain account of NewStar Concentration LLC held at Wachovia Bank, National Association the last four digits of which are 5215 or any replacement or successor account (the “Concentration Account”), and to further cause all Collateral Revenues and Proceeds to be transferred out of such Concentration Account and into an account listed on Schedule 6.10 or 6.11 attached hereto within two Business Days of the deposit thereof into such Concentration Account, or (y) directly into Deposit Accounts listed on Schedule 6.10 attached hereto, which Schedule may be updated by the Company from time to time by delivering to the Administrative Agent a revised Schedule 6.10 reflecting any changes with respect to the Deposit Accounts maintained by the Company or any Subsidiary Guarantor. With respect to any new Deposit Account reflected on a revised Schedule 6.10 delivered after the Closing Date, prior to depositing any Collateral, Collateral Revenues or Proceeds into such new account, the Company or such Subsidiary Guarantor shall enter into a Deposit Account Control Agreement with respect to such Deposit Account. Notwithstanding anything in this Section 6.10 or in the other Note Documents to the contrary, the Administrative Agent agrees that (a) it shall not give instructions to any depository bank pursuant to any Deposit Account Control Agreement unless an Event of Default shall have occurred and be continuing, and (b) if it shall have given instructions to any depositary bank pursuant to any Deposit Account Control Agreement and the Event of Default related thereto shall be cured to the satisfaction of the Administrative Agent or waived by the Administrative Agent, the Administrative Agent shall, upon the request of the Company, withdraw such instruction. Each Deposit Account Control Agreement shall constitute a present grant of control to the Administrative Agent and shall provide the Administrative Agent, for the benefit of the Holders, a first priority security interest in the affected Deposit Account. Notwithstanding anything in this Section 6.10 to the contrary, the Company and the Subsidiary Guarantors shall be permitted to maintain the following accounts not subject to the Administrative Agent’s control: (i) accounts of the Company or any Subsidiary Guarantor established and maintained for the purpose of holding funds in escrow for the benefit of third parties, (ii) accounts of the Company e...
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Banks and Payments. 40 6.15 Equipment.....................................................41 6.16 Escrows. ....................................................41 6.17 Taxes. ......................................................41 6.18 Rate Protection Agreement. ..................................42 6.19 Exchange Transaction. .......................................42 6.20
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Banks and Payments. (a) Cause all Collateral Revenues and Proceeds to be deposited in the account(s) with the bank(s) listed on Schedule 6.14 and Borrower shall pay, and hereby authorizes Lender to cause to be paid, all Obligations as and when due from all amounts in any bank required to be listed on Schedule 6.14. Borrower shall enter into such control agreements or other similar agreements between each such bank, Borrower and Lender, as Lender shall deem necessary in its Sole Discretion, in form and substance reasonably acceptable to Lender, providing for such bank's agreement to disburse any such amounts in accordance with the instruction of Lender without the further consent of, or notice to, Borrower, which instructions shall be delivered by Lender only upon or after the occurrence of an Event of Default (whether or not the same shall be continuing). Borrower hereby appoints Lender as its attorney-in-fact for the purpose of executing such agreement(s) on behalf of Borrower. Borrower shall cause the control agreement with JPMorgan Chase Bank, N.A. to be fully executed and delivered by Borrower and such bank within thirty (30) days of the Closing Date. Borrower may also maintain an account with the Bank of Indianapolis, as an accommodation to its franchisees, for the sole purpose of deposit of funds from or on behalf of franchisees that are paid to equipment vendors of such franchisees, which account shall at no time have a balance in excess of $250,000, and no control agreement shall be required with respect to such account.
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Banks and Payments. Cause all Collateral Revenues and Proceeds to be deposited in Deposit Accounts with the bank(s) listed on Schedule 6.10 attached hereto, which Schedule may be updated by the Company from time to time by delivering to the Administrative Agent a revised Schedule 6.10 reflecting any changes with respect to the Deposit Accounts maintained by the Company. With respect to any new Deposit Account reflected on a revised Schedule 6.10 delivered after the Closing Date, prior to depositing any Collateral, Collateral Revenues or Proceeds into such new account, the Company shall enter into a Deposit Account Control Agreement with respect to such Deposit Account. The Administrative Agent agrees that if it shall have given instructions to any depositary bank pursuant to any Deposit Account Control Agreement and the Event of Default related thereto shall be cured to the satisfaction of the Administrative Agent or waived by the Administrative Agent, the Administrative Agent shall, upon the request of the Company, withdraw such instruction. Each Deposit Account Control Agreement shall constitute a present grant of control to the Administrative Agent and shall provide the Administrative Agent, for the benefit of the Holders, a first priority security interest in the affected Deposit Account.
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Banks and Payments. (a) Cause (i) all Collateral Revenues and Proceeds to be deposited in the deposit account(s) with the bank(s) listed on Schedule 6.14 and (ii) all such deposit accounts listed on Schedule 6.14 (other than such deposit accounts maintained with Wells Fargo, if and to the extent that the Administrxxxxx Agent's control thereof is automatic) to be subject to a control agreement in favor of the Administrative Agent and in form and substance reasonably satisfactory to the Administrative Agent, and the Borrowers shall pay, and each Borrower hereby authorizes the Administrative Agent to cause to be paid, all Obligations as and when due from all amounts in any bank required to be listed on Schedule 6.14.
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Related to Banks and Payments

  • Disbursements and Payments Each disbursement by the Bank and each payment by the Borrower will be:

  • Advances and Payments (a) On the date of each Loan, the Administrative Agent shall be authorized (but not obligated) to advance, for the account of each of the Lenders, the amount of the Loan to be made by it in accordance with its Commitment hereunder. Should the Administrative Agent do so, each of the Lenders agrees forthwith to reimburse the Administrative Agent in immediately available funds for the amount so advanced on its behalf by the Administrative Agent, together with interest at the Federal Funds Effective Rate if not so reimbursed on the date due from and including such date but not including the date of reimbursement.

  • Fees and Payments Where permitted by the prospectus for a Fund, a charge, concession, or fee (each of the foregoing forms of compensation, a "Fee") may be paid to Bank, related to services provided by Bank in connection with Transactions in shares of such Fund. The amount of the Fee, if any, is set by the relevant prospectus. Adjustments in the Fee are available for certain purchases, and Bank is solely responsible for notifying FTDI when any purchase or redemption order is qualified for such an adjustment. If Bank fails to notify FTDI of the applicability of a reduction in the sales charge at the time the trade is placed, neither FTDI nor any of the Funds will be liable for amounts necessary to reimburse any Customer for the reduction which should have been effected. In accordance with the Funds' prospectuses, FTDI or its affiliates may, but are not obligated to, make payments from their own resources to Bank as compensation for certain sales that are made at net asset value ("Qualifying Sales"). If Bank notifies FTDI of a Qualifying Sale, FTDI may make a contingent advance payment up to the maximum amount available for payment on the sale. If any of the shares purchased in a Qualifying Sale are redeemed or repurchased within twelve months of the month of purchase, FTDI shall be entitled to recover any advance payment attributable to the redeemed or repurchased shares by reducing any account payable or other monetary obligation FTDI may owe to Bank or by making demand upon Bank for repayment in cash. FTDI reserves the right to withhold any one or more advances, if for any reason FTDI believes that FTDI may not be able to recover unearned advances. Termination or suspension of this Agreement does not relieve Bank from the requirements of this paragraph.

  • Deposits and Payments (a) If Ford Credit’s short term unsecured debt is rated at least “F1” by Fitch and at least “A-1” by Standard & Poor’s (this rating requirement, the “Monthly Deposit Required Ratings”), Ford Credit may deposit Collections on the Business Day preceding each Payment Date, or with satisfaction of the Rating Agency Condition, on each Payment Date.

  • Invoices and Payments Within thirty (30) days after the end of each month in which Development Activities are performed, NovaDel shall invoice Licensee for any costs and expenses incurred by NovaDel or its Affiliates in such month. Each invoice shall be payable to NovaDel within thirty (30) days after invoice date.

  • Prices and Payments Subject to the provisions of the Supply Agreement, all prices are firm and shall not be subject to change. Seller’s price includes all payroll and/or occupational taxes, any value added tax that is not recoverable by Buyer and any other taxes, fees and/or duties applicable to the goods and/or services purchased under this Order; provided, however, that any state and local sales, use, excise and/or privilege taxes, if applicable, will not be included in Seller’s price but will be separately identified on Seller’s invoice. If Seller is obligated by law to charge any value added and/or similar tax to Buyer, Seller shall ensure that if such value-added and/or similar tax is applicable, that it is invoiced to Buyer in accordance with applicable rules so as to allow Buyer to reclaim such value-added and/or similar tax from the appropriate government authority. Neither party is responsible for taxes on the other party’s income or the income of the other party’s personnel or subcontractors. If Buyer is required by government regulation to withhold taxes for which Seller is responsible, Buyer will deduct such withholding tax from payment to Seller and provide to Seller a valid tax receipt in Seller’s name. If Seller is exempt from such withholding taxes as a result of a tax treaty or other regime, Seller shall provide to Buyer a valid tax treaty residency certificate or other tax exemption certificate at a minimum of thirty (30) days prior to payment being due. Payment terms are net due [...***...] from the Payment Start Date. The received date of the goods and/or services in Buyer’s receiving system will occur: a) in the case of goods/materials shipped directly to a customer of Buyer (“Material Shipped Direct” or “MSD”), including balance of plant and goods sent to a non-Buyer/non-customer facility in accordance with this Order to be incorporated into MSD, within 48 hours of Buyer being presented with a valid xxxx of lading confirming that the goods have been shipped from Seller’s facility or in the case of services performed directly for a customer of Buyer, within 48

  • Interest and Payments Borrower shall make payments in accordance with the Note at the rate set forth in the Note.

  • Statements and Payments The Fig Share and the Developer Royalty shall be paid by Developer and Fig, respectively, no later than thirty (30) days after the end of the calendar month in which the Gross Receipts are received by the applicable Party together with a statement detailing calculation of the Fig Share or the Developer Royalty, as applicable (including copies of payment statements from Distributors and calculation of any adjustment to reflect Third-Party Distributor terms as provided in the definition of Fig Share). Upon request, Distributor will provide Fig with access to real-time reporting posted or made available by any Distributor.

  • Distributions and Payments Section 4.01.

  • Collection and Payment The Trustees shall have full power and authority to collect all property due to the Trust; to pay all claims, including taxes, against the Trust or Trust Property; to prosecute, defend, compromise, settle or abandon any claims relating to the Trust or Trust Property; 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.

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