Demand and Payment. Any demand by Beneficiary for performance or payment hereunder shall be in writing, signed by a duly authorized officer of Beneficiary and delivered to the Guarantor pursuant to Section 7 hereof, and shall (a) reference this Guaranty, (b) specifically identify Beneficiary, the Guaranteed Obligations to be performed or paid and the amount of such Guaranteed Obligations and (c) if applicable, set forth payment instructions. There are no other requirements of notice, presentment or demand. Guarantor shall perform or pay, or cause to be performed or paid, such Guaranteed Obligations within thirty (30) business days of receipt of such demand.
Demand and Payment. Counterparty is not entitled to make demand upon Guarantor until a default occurs in payment of any Guaranteed Obligations by Company to Counterparty. Any demand by the Counterparty for payment hereunder shall be in writing, reference this Guaranty, reference the Guaranteed Obligations, and signed by a duly authorized representative of the Counterparty and delivered to the Guarantor pursuant to Section 5 hereof. There are no other requirements of notice, presentment or demand. The Guarantor shall pay, or cause to be paid, such Guaranteed Obligations within ten (10) business days of receipt of such demand.
Demand and Payment. The Lender shall not be obliged to make any demand upon, or take any proceedings, or action against the Borrower or any other person before pursuing its rights against the Guarantor pursuant hereto. In the event that Lender in its absolute and subjective discretion makes demand upon the Guarantor, the Guarantor shall be held and be bound to the Lender directly as principal debtor in respect of the Liabilities and the payment of the amounts hereby guaranteed. The Guarantor shall make payments to the Lender of the amount of the liability of the Guarantor hereunder forthwith after demand therefor is made in writing, including without limitation all out-of-pocket expenses (including the fees and expenses of the Lender's counsel) in any way relating to the enforcement or protection of the rights of the Lender or any of them hereunder. The liability of the Guarantor shall bear interest from the date of such demand at the interest rate set out in the Commitment and the Loan Documents (the ‘Interest Rate’). Such demand shall be deemed to have been effectually made when an envelope containing it addressed to the Guarantor at the last address of the Guarantor known to the Lender is sent by registered mail and the liability of the Guarantor shall bear interest at the Interest Rate. Any account settled or stated by or between the Lender and the Borrower or admitted by or on behalf of the Borrower may be adduced by the Lender and shall in that case be accepted by the Guarantor as conclusive evidence that the balance or amount thereof thereby appearing is due by the Borrower to the Lender. The Lender shall not be bound to exhaust its recourses against the Borrower before requiring payment from the Guarantor and the Lender may enforce all available remedies and realize upon securities held or any part thereof in the order that it may determine. Should the Lender receive from the Guarantor a payment or payments in full or on account of its liability under this Guarantee, the Guarantor shall not be entitled to claim repayment against the Borrower or the Borrower's estate until the Lender's claims against the Borrower have been paid in full and in case of the liquidation, winding up or bankruptcy of the Borrower (whether voluntary or compulsory) or if the Borrower makes a bulk sale of any of its assets or any composition with creditors or scheme of arrangements, the Lender shall have the right to rank for its full claim and receive all dividends or other payments in respect...
Demand and Payment. Any demand by Counterparty for payment hereunder shall be in writing, signed by a duly authorized representative of Counterparty and delivered to the Guarantor pursuant to Section 8 hereof, and shall (a) reference this Guaranty and specifically identify Company, (b) reasonably and briefly specify in what manner and what amount Company has failed to pay the Guaranteed Obligations and an explanation of why such payment is due and (c) set forth payment instructions, including bank name, routing number and bank account number. There are no other requirements of notice, presentment or demand. Guarantor shall pay, or cause to be paid, such Guaranteed Obligations within ten (10) business days of receipt of such demand.
Demand and Payment. Any demand by the Beneficiary for payment or performance hereunder shall be in writing, reference this Guaranty, reference the Guaranteed Obligations, and be signed by a duly authorized officer of the Beneficiary and delivered to Guarantor pursuant to Section 5 hereof. There are no other requirements of notice, presentment or demand. Guarantor shall pay, or cause to be paid, such Guaranteed Obligations within ten (10) business days of receipt of such demand, unless, within such ten (10) business day period, the default giving rise to such demand has been remedied.
Demand and Payment. If Counterparty fails to pay any obligation and Beneficiary elects to exercise its rights under this Guaranty, Beneficiary shall make a written demand on Guarantor (a "Payment Demand"). Any Payment Demand by Beneficiary hereunder shall be in writing, signed by a duly authorized officer of Beneficiary and delivered to the Guarantor pursuant to Section 7 hereof, and shall (a) reference this Guaranty, (b) specifically identify Beneficiary, the Guaranteed Obligations to be performed or paid and the amount of such Guaranteed Obligations and (c) if applicable, set forth payment instructions. Guarantor shall pay, or cause to be paid, such Guaranteed Obligations within thirty (30) business days of receipt of such Payment Demand.
Demand and Payment. Any demand by CVEC for payment hereunder shall be in writing, signed by a duly authorized representative of CVEC and delivered to Guarantor pursuant to Section 7 hereof, and shall (a) reference this Guaranty, (b) specifically identify Contractor, the nature of the default, the Guaranteed Obligations to be paid and the amount of such Guaranteed Obligations and (c) set forth payment instructions, including bank name, routing number and bank account number. There are no other requirements of notice, presentment or demand. Guarantor shall pay, or cause to be paid, such Guaranteed Obligations within two (2) business days of receipt of such demand.
Demand and Payment. In connection with each payment of estimated Taxes, the filing of Tax Returns, the payment of any additional Taxes due in connection with an audit, administrative or judicial proceeding, and at the time any other indemnified matters relating to Taxes are due and payable, Triad shall provide Park with a written statement setting forth the amount of Taxes and other indemnified items due from Park under this Section 11 (the "STATEMENT"). Unless Park disagrees with the calculation of the amount of its indemnity obligation under this Section 11 reflected in the Statement, Park shall pay to Triad the amount shown as due in the Statement within ten days after receipt of such notice, but in no event, in the case of current period and estimated Taxes, shall Park be required to pay any Taxes earlier than three business days prior to the due date of such Taxes. Any payment which is not timely paid by Park shall bear interest at the rate of 9 percent (9%) per annum. If Park disagrees with the amount set forth in the Statement, Park and Triad shall attempt to resolve such disagreement over a period of seven days. If Park and Triad fail to resolve any dispute within such period, then any computational disagreement shall be submitted to arbitration in accordance with this Agreement, except that the arbitrator shall be a tax partner from a big six accounting firm with offices in the San Francisco Bay Area agreed upon by the parties or, if they cannot agree, selected by the AAA. Park shall pay to Triad the amount determined to be due pursuant to such arbitration within five business days of the arbitrator's written resolution thereof.
Demand and Payment. Any demand by Creditor for payment hereunder will be in writing, signed by a duly authorized officer of Creditor and delivered to Guarantor pursuant to Section 7 hereof, and will (a) reference this Guaranty, (b) specifically identify Debtor, the Guaranteed Obligations to be paid and the amount of such Guaranteed Obligations, and (c) set forth payment instructions. There are no other requirements of notice, presentment or demand. Guarantor will pay, or cause to be paid, such Guaranteed Obligations within three (3) business days of receipt of such demand.
Demand and Payment. Any demand by Beneficiary for payment or performance hereunder shall be in writing. There are no other requirements of notice, presentment or demand. Guarantor shall pay or perform, or cause to be paid or performed, such Obligations within five (5) Business Days of receipt of such demand, unless, within such five (5) Business Day period, the default giving rise to such demand has been remedied.
