Default in Repayment Sample Clauses

Default in Repayment. Upon default by Jesperator in repayment of the Loan, which default exists on or following June 1, 2006 and is not cured within ninety (90) days of written notice thereof by C&C to Jesperator, C&C may declare the total unpaid balance due and payable, or may, in lieu of further repayment of the loan convert any unpaid portion of the Loan into equity in Jesperator pursuant to Section 3.5 below.
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Default in Repayment. 8.1 If the Producer fails to pay when due under clause 6 or 17, then: (a) Default interest shall be payable on the NZ On Air Development Funding at the rate of 10% per cent per annum calculated on a daily basis compounding from the date when payment was due until payment has been made of all money due under this Agreement; (b) NZ On Air may, at its discretion, by giving notice in writing to the Producer, take over the Development Deliverables in accordance with clause 9, at any time after payment of any money owing under clause 6 or 17 has become due and remains due.
Default in Repayment. In the event that you fail to make any Instalment Payment(s) on or before the specified due dates and your account is in default, Moby Money shall have the right to do the following as described herein: - • Moby Money may suspend your MOBYPAY account with immediate effect without any prior notice being given to you; • Moby Money may grant a period of seven (7) days to you to regularise your MOBYPAY account; and/or if no payment is received within twenty-one (21) days from the specified due dates as specified in the Payment Schedule annexed herein, your account may be terminated In the event of termination or annulment of this Agreement, take note that Moby Money may commence legal proceedings without further reference to you in order to recover the balance of the outstanding Instalment Payment or any part thereof and any other fees from you. In the event of default in repayment of any Instalment Payment(s) or any part thereof to Moby Money under this Agreement, Moby Money shall be entitled to charge late payment charge on such unpaid instalment(s) or any part thereof until full payment has been received. The late payment charges are as per the table below:- Late Pmt Charges Moby Money may, at their sole discretion, impose or waive wholly or partly, any late payment charge on you for any default in repayment. All Orders that you have placed with Moby Money shall be subject to Moby Money’s approval at their sole discretion. Moby Money retains the discretion to refuse approval of your Order or to refuse to provide XXXXXXX to you, or may cancel an approved Order before the goods and/or services are delivered or supplied on any of the following grounds: • To protect the integrity of Moby Money’s systems or MOBYPAY; • To prevent fraud; • To limit the risk of money laundering and/or terrorism financing; • To otherwise protect Moby Money against legal, regulatory or non-payment risks; If you do not pass Moby Money’s assessment or checks; • If an Order is made with an unauthorised merchant of Moby Money in a different jurisdiction; • If you have breached this Agreement; or • If Moby Money reasonably considers the activity associated with your Account to be suspicious. In the event of cancellation of an approved Order by the Moby Money:-
Default in Repayment. 17.1 In the event that you fail to make any payment under the Agreement, you will be liable to pay the Bank, in addition to the amount which is overdue, default interest at such rate as may be specified by the Bank from time to time on all sums overdue from the date payment was due until the date of actual payment, and the prevailing standard late payment charge. 17.2 At the sole discretion of the Bank, such interest on overdue amounts shall be capitalised at the end of the month and shall accordingly be subject to the payment of interest on such capitalised amount. All interest shall be calculated on daily balances on a 365-day or 360-day basis, depending on the currency involved or on such basis as may be determined by the Bank in its sole discretion. You agree that the interest rate maybe varied by the Bank from time to time and that such interest shall be payable both before as well as after judgment. 17.3 The Bank may (where applicable) forthwith and with notice to you , and without prejudice to its rights, realise any funds or securities deposited with the Bank for your account and apply the proceeds therefrom, after deducting realisation expenses, in or towards the payment and discharge of any amount due to the Bank . If there is any shortfall between such proceeds and the amount due, you shall remain liable for any such shortfall, including interest thereon at such rate as the Bank may prescribe from time to time. 17.4 Any certificates issued to you by the Bank and signed by any officer of the Bank certifying the amounts which are overdue shall, in the absence of manifest error, be conclusive evidence for all purposes as to the amounts due and owing to the Bank by you and shall be binding on you .
Default in Repayment. 19.1 If a balance shall be owing to you when the Account(s) shall be closed I shall, so long as the same or any part thereof shall remain due, pay to you chuyển theo hoặc liên quan đến Thư Tín dụng hoặc liên quan đến bất kỳ hối phiếu nào được ký phát theo Thư Tín dụng (cho dù các chứng từ, hàng hóa hoặc tài sản đó có được giao cho tôi hoặc theo lệnh của tôi khi xuất trình biên nhận ủy thác hoặc biên nhận của người nhận giữ hay không); và (iii) tiền thu được từ mỗi và toàn bộ các tài sản trên, cho đến thời điểm toàn bộ các nghĩa vụ và/hoặc các khoản nợ của tôi đối với ngân hàng vào bất kỳ thời điểm nào tồn tại theo bản Điều khoản và Điều kiện này, hoặc các Hạn mức Tín dụng hoặc văn bản khác, đã được thanh toán đầy đủ và được giải trừ. Tất cả hoặc bất kỳ tài sản và/hoặc chứng từ nào như thế và các khoản tiền thu được từ tài sản và/hoặc chứng từ đó được ngân hàng hoặc ngân hàng đại lý của ngân hàng nắm giữ, có thể được ngân hàng giữ và định đoạt theo quy định trong văn bản này, và các bên hiểu rằng việc lập Quỹ Thanh toán hoặc việc ngân hàng hoặc bất kỳ ngân hàng đại lý nào của ngân hàng nhận được vào bất kỳ thời điểm nào tài sản bảo đảm khác có bất kỳ tính chất nào, kể cả tiền mặt, cũng không được xem là việc từ bỏ bất kỳ quyền hoặc quyền hạn nào của ngân hàng theo văn bản này.

Related to Default in Repayment

  • Default in Payment Any payment not made within ten (10) business days after it is due in accordance with this Agreement shall thereafter bear interest, compounded annually, at the prime rate in effect from time to time at Citibank, N.A., or any successor thereto. Such interest shall be payable at the same time as the corresponding payment is payable.

  • Default in Payment of Principal of Loans and Reimbursement Obligations The Borrower shall default in any payment of principal of any Loan or Reimbursement Obligation when and as due (whether at maturity, by reason of acceleration or otherwise).

  • Post-Default Interest Upon the occurrence, and during the continuance, of any Event of Default, the unpaid principal amount of each Advance shall bear interest at a rate per annum equal at all times to 2% per annum above the rate per annum otherwise required to be paid on such Advance in accordance with subsection (a), (b) or (c) above; provided that any amount of principal which is not paid when due (whether at stated maturity, by acceleration or otherwise) shall bear interest, from the date on which such amount is due until such amount is paid in full, payable on demand, at a rate per annum equal at all times to the greater of (x) 2% per annum above the Base Rate in effect from time to time and (y) 2% per annum above the rate per annum required to be paid on such Advance immediately prior to the date on which such amount became due.

  • Prepayments After Default Following an Event of Default, if Borrower or anyone on Borrower's behalf makes a tender of payment of all or any portion of the Debt at any time prior to a foreclosure sale (including a sale under the power of sale under the Mortgage), or during any redemption period after foreclosure, (i) the tender of payment shall constitute an evasion of Borrower's obligation to pay any Prepayment Consideration due under this Agreement and such payment shall, therefore, to the maximum extent permitted by law, include a premium equal to the Prepayment Consideration that would have been payable on the date of such tender had the Loan not been so accelerated, or (ii) if at the time of such tender a prepayment of the principal amount of the Loan would have been prohibited under this Agreement had the principal amount of the Loan not been so accelerated, the tender of payment shall constitute an evasion of such prepayment prohibition and shall, therefore, to the maximum extent permitted by law, include an amount equal to the greater of (i) 1% of the then principal amount of the Loan (or the relevant portion thereof being prepaid) and (ii) an amount equal to the excess of (A) the sum of the present values of a series of payments payable at the times and in the amounts equal to the payments of principal and interest (including, but not limited to the principal and interest payable on the Maturity Date) which would have been scheduled to be payable after the date of such tender under this Agreement had the Loan (or the relevant portion thereof) not been accelerated, with each such payment discounted to its present value at the date of such tender at the rate which when compounded monthly is equivalent to the Prepayment Rate, over (B) the then principal amount of the Loan.

  • Permitted Prepayment Borrower shall have the option to prepay all, but not less than all, of the Term Loan Advances, provided Borrower (i) delivers written notice to Bank of its election to prepay the Term Loan Advances at least ten (10) days prior to such prepayment, and (ii) pays, on the date of such prepayment (A) the outstanding principal plus accrued and unpaid interest with respect to the Term Loan Advances, (B) the Final Payment, (C) the Prepayment Fee, and (D) all other sums, if any, that shall have become due and payable with respect to the Term Loan Advances, including interest at the Default Rate with respect to any past due amounts.

  • Default Interest Upon the occurrence and during the continuance of an Event of Default under Section 6.01(a), the Agent may, and upon the request of the Required Lenders shall, require the Borrower to pay interest (“Default Interest”) on (i) the unpaid principal amount of each Advance owing to each Lender, payable in arrears on the dates referred to in clause (a)(i) or (a)(ii) above, at a rate per annum equal at all times to 2% per annum above the rate per annum required to be paid on such Advance pursuant to clause (a)(i) or (a)(ii) above and (ii) to the fullest extent permitted by law, the amount of any interest, fee or other amount payable hereunder that is not paid when due, from the date such amount shall be due until such amount shall be paid in full, payable in arrears on the date such amount shall be paid in full and on demand, at a rate per annum equal at all times to 2% per annum above the rate per annum required to be paid on Base Rate Advances pursuant to clause (a)(i) above; provided, however, that following acceleration of the Advances pursuant to Section 6.01, Default Interest shall accrue and be payable hereunder whether or not previously required by the Agent.

  • Mandatory Prepayments due to Borrowing Base Deficiency In the event that at any time any Borrowing Base Deficiency shall exist, the Borrower shall, within five Business Days after delivery of the applicable Borrowing Base Certificate, prepay the Loans (or provide Cash Collateral for Letters of Credit as contemplated by Section 2.05(k)) or reduce Other Covered Indebtedness in such amounts as shall be necessary so that such Borrowing Base Deficiency is cured; provided that, if the Borrower (x) chooses, by written notice to the Administrative Agent within such five (5) Business Day period, to make such repayment by means of a Capital Call (which notice shall include a certification by a Financial Officer that the uncalled capital commitments of the Borrower at such time, excluding uncalled capital commitments of Defaulted Investors, exceed the amount of such Borrowing Base Deficiency), the Borrower shall have thirty (30) Business Days to cure the Borrowing Base Deficiency (which 30-Business Day period shall include the five (5) Business Days permitted for delivery of such written notice to the Administrative Agent) and (y) makes the Capital Call to its Investors (as defined in the Guarantee and Security Agreement) within ten (10) Business Days of the date of notice to the Administrative Agent (and provides the Administrative Agent with written evidence of the Capital Call notice within two (2) Business Days of such notice being sent); and provided further that (i) the aggregate amount of such prepayment of Loans (and Cash Collateral for Letters of Credit) shall be at least equal to the Revolving Percentage times the aggregate prepayment of the Covered Debt Amount, and (ii) if, within five Business Days after delivery of a Borrowing Base Certificate demonstrating such Borrowing Base Deficiency, the Borrower shall present the Lenders with a reasonably feasible plan (other than the use of a Capital Call as described above) acceptable to the Required Lenders in their sole discretion to enable such Borrowing Base Deficiency to be cured within 30 Business Days (which 30-Business Day period shall include the five (5) Business Days permitted for delivery of such plan), then such prepayment or reduction shall not be required to be effected immediately but may be effected in accordance with such plan (with such modifications as the Borrower may reasonably determine), so long as such Borrowing Base Deficiency is cured within such 30-Business Day period.

  • Compounding of default interest Any such interest which is not paid at the end of the period by reference to which it was determined shall thereupon be compounded.

  • Default in Performance (i) Any Loan Party shall fail to perform or observe any term, covenant, condition or agreement on its part to be performed or observed and contained in Section 8.4.(h) or Article IX.; or (ii) Any Loan Party shall fail to perform or observe any term, covenant, condition or agreement contained in this Agreement or any other Loan Document to which it is a party and not otherwise mentioned in this Section, and in the case of this subsection (b)(ii) only, such failure shall continue for a period of 30 days after the earlier of (x) the date upon which a Responsible Officer of the Borrower or such other Loan Party obtains knowledge of such failure or (y) the date upon which the Borrower has received written notice of such failure from the Administrative Agent.

  • Mandatory Prepayment Upon an Acceleration If the Term Loan Advances are accelerated by Bank following the occurrence and during the continuance of an Event of Default, Borrower shall immediately pay to Bank an amount equal to the sum of (i) all outstanding principal plus accrued and unpaid interest with respect to the Term Loan Advances, (ii) the Prepayment Fee, (iii) the Final Payment, and (iv) all other sums, if any, that shall have become due and payable with respect to the Term Loan Advances, including interest at the Default Rate with respect to any past due amounts.

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