Common use of Closing/Annual Payments Clause in Contracts

Closing/Annual Payments. Upon execution of this Agreement by each Company and Laurus, the Companies shall jointly and severally pay to Laurus Capital Management, LLC a closing payment in an amount equal to three and six-tenths percent (3.60%) of the Capital Availability Amount. Such payment shall be deemed fully earned on the Closing Date and shall not be subject to rebate or proration for any reason.

Appears in 4 contracts

Samples: Security Agreement (Time America Inc), Security Agreement (Airnet Communications Corp), Security Agreement (Airnet Communications Corp)

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Closing/Annual Payments. Upon execution of this Agreement by each Company and Laurus, the Companies Company shall jointly and severally pay to Laurus Capital Management, LLC a closing payment in an amount equal to three and six-tenths one half percent (3.603.5%) of the Capital Availability Amount. On each anniversary of the Closing Date, Company shall pay to Laurus Capital Management, LLC an annual payment equal to one quarter percent (.25%) of the Capital Availability Amount. Such payment payments shall be deemed fully earned on the Closing Date and shall not be subject to rebate or proration for any reason.

Appears in 4 contracts

Samples: Security Agreement (Digital Angel Corp), Security Agreement (Digital Angel Corp), Security Agreement (Digital Angel Corp)

Closing/Annual Payments. Upon execution of this Agreement by each Company and Laurus, the Companies shall jointly and severally pay to Laurus Capital Management, LLC a closing payment in an amount equal to three and sixnine-tenths percent (3.603.90%) of the Capital Availability Amount. Such payment shall be deemed fully earned on the Closing Date and shall not be subject to rebate or proration for any reason.

Appears in 4 contracts

Samples: Security Agreement (Iwt Tesoro Corp), Security Agreement (Iwt Tesoro Corp), Security Agreement (Pacific Cma Inc)

Closing/Annual Payments. Upon execution of this Agreement by each Company and Laurus, the Companies shall jointly and severally pay to Laurus Capital Management, LLC a closing payment in an amount equal to three and sixone-tenths half percent (3.603.50%) of the Capital Availability Total Investment Amount. Such payment shall be deemed fully earned on the Closing Date and shall not be subject to rebate or proration for any reason.

Appears in 3 contracts

Samples: Security Agreement (Verso Technologies Inc), Security Agreement (Small World Kids Inc), Security and Purchase Agreement (Proxymed Inc /Ft Lauderdale/)

Closing/Annual Payments. Upon execution of this Agreement by each Company and Laurus, the Companies shall jointly and severally pay to Laurus Capital Management, LLC a closing payment in an amount equal to three and sixthree-tenths fifths percent (3.60%) of the Capital Availability Amount. Such payment shall be deemed fully earned on the Closing Date and shall not be subject to rebate or proration for any reason.

Appears in 3 contracts

Samples: Security Agreement (Impart Media Group Inc), Subordination Agreement (Deja Foods Inc), Security Agreement (Digital Recorders Inc)

Closing/Annual Payments. Upon execution of this Agreement by each Company and Laurus, the Companies shall jointly and severally pay to Laurus Capital Management, LLC a closing payment in an amount equal to three and sixthree-tenths quarters percent (3.603.75%) of the Capital Availability Amount. Such payment shall be deemed fully earned on the Closing Date and shall not be subject to rebate or proration for any reason.

Appears in 2 contracts

Samples: Security Agreement (Accentia Biopharmaceuticals Inc), Security Agreement (Accentia Biopharmaceuticals Inc)

Closing/Annual Payments. Upon execution of this Agreement by each the Company and Laurus, the Companies Company shall jointly and severally pay to Laurus Capital Management, LLC a closing payment in an amount equal to three and six-nine tenths percent (3.603.90%) percent of the Capital Availability Total Investment Amount. Such payment shall be deemed fully earned on the Closing Date and shall not be subject to rebate or proration for any reason.

Appears in 2 contracts

Samples: Security and Purchase Agreement (On the Go Healthcare Inc), Security and Purchase Agreement (On the Go Healthcare Inc)

Closing/Annual Payments. Upon execution of this Agreement by each Company and Laurus, the Companies shall jointly and severally pay to Laurus Capital Management, LLC a closing payment in an amount equal to three and six-nine tenths percent (3.603.9%) of the Capital Availability Total Investment Amount. Such payment shall be deemed fully earned on the Closing Date and shall not be subject to rebate or proration for any reason.

Appears in 2 contracts

Samples: Security and Purchase Agreement (Naturade Inc), Security and Purchase Agreement (Naturade Inc)

Closing/Annual Payments. Upon execution of this Agreement by each Company and Laurus, the Companies shall jointly and severally pay to Laurus Capital Management, LLC a closing payment in an amount equal to three and six-nine tenths percent (3.603.90%) of the Capital Availability Amount. Such payment shall be deemed fully earned on the Closing Date and shall not be subject to rebate or proration for any reason.

Appears in 2 contracts

Samples: Security Agreement (Netfabric Holdings, Inc), Security Agreement (Farmstead Telephone Group Inc)

Closing/Annual Payments. Upon execution and delivery of this Agreement by each Company and Laurus, the Companies Company shall jointly and severally pay to Laurus Capital Management, LLC a closing payment in an amount equal to three and sixnine-tenths percent (3.603.90%) of the Capital Availability Amount. Such payment shall be deemed fully earned on the Closing Date and shall not be subject to rebate or proration for any reason.

Appears in 2 contracts

Samples: Security Agreement (Digital Lifestyles Group Inc), Security Agreement (Digital Lifestyles Group Inc)

Closing/Annual Payments. Upon execution of this Agreement by each Company and Laurus, the Companies Company shall jointly and severally pay to Laurus Capital Management, LLC a closing payment in an amount equal to three and six-six tenths percent (3.603.6%) of the Capital Availability Amount. Such payment shall be deemed fully earned on the Closing Date and shall not be subject to rebate or proration for any reason.

Appears in 1 contract

Samples: Security Agreement (Ventures National Inc)

Closing/Annual Payments. Upon execution of this Agreement by each Company and Laurus, the Companies Company shall jointly and severally pay to Laurus Capital Management, LLC a closing payment in an amount equal to three and six-tenths five percent (3.605%) of the Capital Availability Amount. During the Term, on each anniversary of the Closing Date, Company shall pay to Laurus Capital Management, LLC an annual payment equal to one percent (1.0%) of the Capital Availability Amount. Such payment payments shall be deemed fully earned on the Closing Date and shall not be subject to rebate or proration for any reason.

Appears in 1 contract

Samples: Security Agreement (Electric City Corp)

Closing/Annual Payments. Upon execution of this Agreement by each the Company and Laurus, the Companies Company shall jointly and severally pay to Laurus Capital Management, LLC a closing payment in an amount equal to three and six-tenths one half percent (3.603.5%) of the Capital Availability Amount. Such payment shall be deemed fully earned on the Closing Date and shall not be subject to rebate or proration for any reason.

Appears in 1 contract

Samples: Security Agreement (Artemis International Solutions Corp)

Closing/Annual Payments. Upon execution of this Agreement by each Company and Laurus, the Companies Company shall jointly and severally pay to Laurus Capital Management, LLC a closing payment in an amount equal to three and six-tenths seventy five one hundredths percent (3.603.75%) of the Capital Availability Amount. Such payment shall be deemed fully earned on the Closing Date and shall not be subject to rebate or proration for any reason.

Appears in 1 contract

Samples: Security Agreement (Comc Inc)

Closing/Annual Payments. Upon execution of this Agreement by each Company and Laurus, the Companies Company shall jointly and severally pay to Laurus Capital Management, LLC a closing payment in an amount equal to three and sixone-tenths half percent (3.603.50%) of the Capital Availability Amount. Such payment shall be deemed fully earned on the Closing Date and shall not be subject to rebate or proration for any reason.

Appears in 1 contract

Samples: Security Agreement (Greenman Technologies Inc)

Closing/Annual Payments. Upon execution of this Agreement by each Company and Laurus, the Companies shall jointly and severally pay to Laurus Capital Management, LLC a closing payment in an amount equal to three and sixnine-tenths percent (3.603.90%) of the Capital Availability Amount. Such payment shall be deemed fully earned on the Closing Date and shall not be subject to rebate or proration for any reason.

Appears in 1 contract

Samples: Security Agreement (Dynamic Health Products Inc)

Closing/Annual Payments. Upon execution of this Agreement by each Company and Laurus, Company and the Companies Eligible Subsidiaries shall jointly and severally pay to Laurus Capital Management, LLC a closing payment in an amount equal to three and six-tenths percent (3.60%) of the Capital Availability Amount. Such payment shall be deemed fully earned on the Closing Date and shall not be subject to rebate or proration for any reason.

Appears in 1 contract

Samples: Security Agreement (Catalyst Lighting Group Inc)

Closing/Annual Payments. Upon execution of this Agreement by each Company and Laurus, the Companies shall jointly and severally pay to Laurus Capital Management, LLC a closing payment in an amount equal to three and six-tenths one percent (3.601.00%) of the Capital Availability Amount. Such payment shall be deemed fully earned on the Closing Date and shall not be subject to rebate or proration for any reason.

Appears in 1 contract

Samples: Security Agreement (Incentra Solutions, Inc.)

Closing/Annual Payments. Upon execution of this Agreement by each Company and Laurus, Company and the Companies Eligible Subsidiaries shall jointly and severally pay to Laurus Capital Management, LLC a closing payment in an amount equal to three four and sixone-tenths half percent (3.604.50%) of the Capital Availability Total Investment Amount. Such payment shall be deemed fully earned on the Closing Date and shall not be subject to rebate or proration for any reason.

Appears in 1 contract

Samples: Security Agreement (Return on Investment Corp)

Closing/Annual Payments. Upon execution of this Agreement by each Company and Laurus, the Companies shall jointly and severally pay to Laurus Capital Management, LLC a closing payment in an amount equal to three and six-tenths four percent (3.604.00%) of the Capital Availability Amount. Such payment shall be deemed fully earned on the Closing Date and shall not be subject to rebate or proration for any reason.

Appears in 1 contract

Samples: Security Agreement (Thinkpath Inc)

Closing/Annual Payments. Upon execution of this Agreement by each Company and Laurus, the Companies Company shall jointly and severally pay to Laurus Capital Management, LLC a closing payment in an amount equal to three and six-nine tenths percent (3.603.9%) of the Capital Availability Amount. Such payment shall be deemed fully earned on the Closing Date and shall not be subject to rebate or proration for any reason.

Appears in 1 contract

Samples: Security Agreement (Home Solutions of America Inc)

Closing/Annual Payments. Upon execution of this Agreement by each Company and Laurus, the Companies shall jointly and severally pay to Laurus Capital Management, LLC a closing payment in an amount equal to three and sixthree-tenths percent fifths (3.60%) of the Capital Availability Amount. Such payment shall be deemed fully earned on the Closing Date and shall not be subject to rebate or proration for any reason.

Appears in 1 contract

Samples: Security Agreement (Gse Systems Inc)

Closing/Annual Payments. Upon execution of this Agreement by each Company and Laurus, the Companies Company shall jointly and severally pay to Laurus Capital Management, LLC a closing payment in an amount equal to three and sixnine-tenths percent (3.603.90%) of the Capital Availability Amount. Such payment shall be deemed fully earned on the Closing Date and shall not be subject to rebate or proration for any reason.

Appears in 1 contract

Samples: Security Agreement (Bp International Inc)

Closing/Annual Payments. Upon execution of this Agreement by each Company and Laurus, the Companies Company shall jointly and severally pay to Laurus Capital Management, LLC a closing payment in an amount equal to $105,000.00 or three and sixone-tenths percent half (3.603.5%) of the Capital Availability Amount. Such payment shall be deemed fully earned on the Closing Date and shall not be subject to rebate or proration for any reason. In addition, on each anniversary of the Closing Date, the Company shall pay Laurus one-half of one percent (0.50%) of the Capital Availability Amount.

Appears in 1 contract

Samples: Security Agreement (Micro Component Technology Inc)

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Closing/Annual Payments. Upon execution of this Agreement by each Company and Laurus, the Companies shall jointly and severally pay to Laurus Capital Management, LLC a closing payment in an amount equal to three and six-six tenths percent (3.603.6%) of the Capital Availability Total Investment Amount. Such payment shall be deemed fully earned on the Closing Date and shall not be subject to rebate or proration for any reason.. (ii)

Appears in 1 contract

Samples: Security and Purchase Agreement (360 Global Wine Co)

Closing/Annual Payments. Upon execution of this Agreement by each Company and Laurus, the Companies Company shall jointly and severally pay to Laurus Capital Management, LLC a closing payment in an amount equal to three and six-six tenths percent (3.60%) of the Capital Availability Amount. Such payment shall be deemed fully earned on the Closing Date and shall not be subject to rebate or proration for any reason.

Appears in 1 contract

Samples: Security Agreement (Riviera Tool Co)

Closing/Annual Payments. Upon execution of this Agreement by each Company and Laurus, the Companies Company shall jointly and severally pay to Laurus Capital Management, LLC a closing payment in an amount equal to three and six-tenths one half percent (3.603.50%) of the Capital Availability Amount. Such payment shall be deemed fully earned on the Closing Date and shall not be subject to rebate or proration for any reason.

Appears in 1 contract

Samples: Security Agreement (Global Payment Technologies Inc)

Closing/Annual Payments. Upon execution of this Agreement by each Company and Laurus, the Companies shall jointly and severally pay to Laurus Capital Management, LLC a closing payment in an amount equal to three and sixthree-tenths quarters percent (3.603.75%) of the Capital Availability Total Investment Amount. Such payment shall be deemed fully earned on the Closing Date and shall not be subject to rebate or proration for any reason.

Appears in 1 contract

Samples: Security Agreement (American Technologies Group Inc)

Closing/Annual Payments. Upon execution of this Agreement by each Company and Laurus, the Companies shall jointly and severally pay to Laurus Capital Management, LLC a closing payment in an amount equal to three and six-six tenths percent (3.60%) of the Capital Availability Amount. Such payment shall be deemed fully earned on the Closing Date and shall not be subject to rebate or proration for any reason.

Appears in 1 contract

Samples: Security Agreement (Integrated Security Systems Inc)

Closing/Annual Payments. Upon execution of this Agreement by each Company and Laurus, the Companies shall jointly and severally pay to Laurus Capital Management, LLC a closing payment in an amount equal to three and sixone-tenths half percent (3.603.50%) of the Capital Availability AmountTotal Investment Amount (the "Closing Payment"). Such payment The Closing Payment shall be deemed fully earned on the Closing Date and shall not be subject to rebate or proration for any reason.

Appears in 1 contract

Samples: Security Agreement (General Environmental Management, Inc)

Closing/Annual Payments. Upon execution of this Agreement by each Company and Laurus, Company and the Companies Eligible Subsidiaries shall jointly and severally pay to Laurus Capital Management, LLC a closing payment in an amount equal to three and sixnine-tenths percent (3.603.90%) of the Capital Availability Amount. Such payment shall be deemed fully earned on the Closing Date and shall not be subject to rebate or proration for any reason.

Appears in 1 contract

Samples: Security Agreement (Hesperia Holding Inc)

Closing/Annual Payments. Upon execution of this Agreement by each Company and Laurus, the Companies Company shall jointly and severally pay to Laurus Capital Management, LLC a closing payment in an amount equal to three and six-tenths one quarter percent (3.603.25%) of the Capital Availability Amount. Such payment shall be deemed fully earned on the Closing Date and shall not be subject to rebate or proration for any reason.

Appears in 1 contract

Samples: Security Agreement (DSL Net Inc)

Closing/Annual Payments. Upon execution of this Agreement by each Company and Laurus, the Companies shall jointly and severally pay to Laurus Capital Management, LLC a closing payment in an amount equal to three and sixone-tenths half percent (3.603.50%) of the Capital Availability Amount. Such payment shall be deemed fully earned on the Closing Date and shall not be subject to rebate or proration for any reason.

Appears in 1 contract

Samples: Security Agreement (Stonepath Group Inc)

Closing/Annual Payments. Upon execution of this Agreement by each Company and Laurus, the Companies shall jointly and severally pay to Laurus Capital Management, LLC a closing payment in an amount equal to three and six-tenths percent (3.60%) of the Capital Availability Amount$56,280. Such payment shall be deemed fully earned on the Closing Date and shall not be subject to rebate or proration for any reason.

Appears in 1 contract

Samples: Security and Purchase Agreement (Micro Component Technology Inc)

Closing/Annual Payments. Upon execution of this Agreement by each Company and Laurus, the U.S. Companies shall jointly and severally pay to Laurus Capital Management, LLC a closing payment in an amount equal to three and six-tenths percent (3.60%) of the Capital Availability Amount. Such payment shall be deemed fully earned on the Closing Date and shall not be subject to rebate or proration for any reason.

Appears in 1 contract

Samples: Security Agreement (House of Brussels Chocolates Inc)

Closing/Annual Payments. Upon execution of this Agreement by each Company and Laurus, Company and the Companies Eligible Subsidiaries shall jointly and severally pay to Laurus Capital Management, LLC a closing payment in an amount equal to three and sixnine-tenths percent (3.603.90%) of the Capital Availability Total Investment Amount. Such payment shall be deemed fully earned on the Closing Date and shall not be subject to rebate or proration for any reason.

Appears in 1 contract

Samples: Security and Purchase Agreement (Maxim Mortgage Corp/)

Closing/Annual Payments. Upon execution of this Agreement by each Company Borrower and Laurus, the Companies Company shall jointly and severally pay to Laurus Capital Management, LLC a closing payment in an amount equal to three and sixone-tenths half percent (3.603.50%) of the Capital Availability Amount and each subsequent anniversary an amount equal to one percent (1.00%) of the Capital Availability Amount. Such payment shall be deemed fully earned on the Closing Date and shall not be subject to rebate or proration for any reason.

Appears in 1 contract

Samples: Security Agreement (Inyx Inc)

Closing/Annual Payments. Upon execution of this Agreement by each Company and LaurusOn the Closing Date, the Companies shall jointly and severally pay to Laurus Capital Management, LLC a closing payment in an amount equal to three and sixone-tenths half percent (3.603.50%) of the Capital Availability Total Investment Amount. Such payment shall be deemed fully earned on the Closing Date and shall not be subject to rebate or proration for any reason.

Appears in 1 contract

Samples: Security and Purchase Agreement (Ronco Corp)

Closing/Annual Payments. Upon execution of this Agreement by each Company and Laurus, the Companies shall jointly and severally pay to Laurus Capital Management, LLC a closing payment in an amount equal to three and six-six tenths percent (3.60%) of the Capital Availability Amount. Such payment shall be deemed fully earned on the Closing Date and shall not be subject to rebate or proration for any reason.

Appears in 1 contract

Samples: Security Agreement (Earthfirst Technologies Inc)

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