Common use of General Payment Provisions Clause in Contracts

General Payment Provisions. (a) The Company will make each payment when due under the Note or this Agreement not later than 12:00 noon, Pacific Time, on the date such payment becomes due and payable, in lawful money of the United States of America, without set-off, deduction or counterclaim, and in immediately available funds sent by wire transfer to the Lender at the address to be provided by the Lender. Any payment received by the Lender after such time shall be deemed to have been made on the next following business day. Should any such payment become due and payable on a day other than a business day, the maturity of such payment shall be the next business day. Any amount received by the Lender, whether as an interest payment, principal payment or principal prepayment from or on behalf of the Company, shall be applied as follows in descending order of priority: (i) to all previously invoiced costs, fees and expenses of the Lender (including reasonable attorneys' fees) incurred in connection with this Agreement or in enforcing any obligations of, or in collecting any payments from, any obligor hereunder; (ii) to interest which has accrued on past due payments under the Note; (iii) to interest that is currently due and payable under the Note; (iv) to payment of principal under the Note currently due and payable; (v) to the payment of past due principal under the Note; and (vi) to the prepayment of principal due under the Note. (b) Other than the tender of cash equal to such amount of the Maximum Loan Commitment Amount as in determined by the parties to be tendered at the Closings pursuant to the terms of this Agreement, which tenders are subject to the terms and conditions hereof, and regardless of whether the Company has repaid such amounts in whole or in part, the Lender will have no obligation whatsoever to lend, advance or otherwise pay any other monies to or on behalf of the Company.

General Payment Provisions. (a) The Company will make each payment when due under the Note or this Agreement not later than 12:00 noon, Pacific Time, on the date such payment becomes due and payable, All payments of Obligations shall be made in lawful money of the United States of AmericaDollars, without set-offcondition, offset, counterclaim, recoupment or defense of any kind, free of (and without deduction or counterclaimfor) any Taxes, and in immediately available funds sent by wire transfer to funds, not later than 2:00 p.m. on the Lender at the address to be provided by the Lenderdue date. Any payment received by the Lender after such time shall be deemed to have been made on the next following business dayBusiness Day. Should any The Borrowers may, at the time of payment, specify to the Administrative Agent the Obligations to which such payment become is to be applied, but the Administrative Agent shall in all events retain the right to apply such payment in such manner as the Administrative Agent, subject to the provisions hereof, may determine to be appropriate. If any payment under the Loan Documents shall be stated to be due and payable on a day other than a business dayBusiness Day, the maturity due date shall be extended to the next Business Day and such extension of time shall be included in any computation of interest and fees. Unless the Administrative Agent shall have received notice from a Borrower prior to the time at which any payment is due to the Administrative Agent for the account of the Lenders that such Borrower will not make such payment, the Administrative Agent may assume that such Borrower has made such payment shall be on such date in accordance herewith and may, in reliance upon such assumption, distribute to the next business dayLenders the amount due. Any In such event, if a Borrower has not in fact made such payment, then each of the Lenders severally agrees to repay to the Administrative Agent forthwith on demand the amount received by the so distributed to such Lender, whether as an in immediately available funds with interest paymentthereon, principal for each day from and including the date such amount is distributed to it to but excluding the date of payment or principal prepayment from or on behalf to the Administrative Agent, at the greater of the Company, shall be applied as follows in descending order of priority: (i) to all previously invoiced costs, fees federal funds rate and expenses of the Lender (including reasonable attorneys' fees) incurred in connection with this Agreement or in enforcing any obligations of, or in collecting any payments from, any obligor hereunder; (ii) to interest which has accrued on past due payments under the Note; (iii) to interest that is currently due and payable under the Note; (iv) to payment of principal under the Note currently due and payable; (v) to the payment of past due principal under the Note; and (vi) to the prepayment of principal due under the Note. (b) Other than the tender of cash equal to such amount of the Maximum Loan Commitment Amount as in a rate determined by the parties to be tendered at the Closings pursuant to the terms of this Agreement, which tenders are subject to the terms and conditions hereof, and regardless of whether the Company has repaid such amounts Administrative Agent in whole or in part, the Lender will have no obligation whatsoever to lend, advance or otherwise pay any other monies to or accordance with banking industry rules on behalf of the Companyinterbank compensation.

General Payment Provisions. (a) The Company will make each payment when due under the Note All payments of Obligations shall be made without offset, counterclaim or this Agreement not later than 12:00 noon, Pacific Time, on the date such payment becomes due and payable, in lawful money defense of the United States of America, without set-off, deduction or counterclaimany kind, and in immediately available funds sent by wire transfer to funds, not later than 1:00 p.m. (Local Time) on the Lender at the address to be provided by the Lenderdue date. Any payment received by the Lender after such time shall be deemed to have been made on the next following business dayBusiness Day. Should If any such payment become under the Loan Documents shall be stated to be due and payable on a day other than a business dayBusiness Day, the maturity of such payment due date shall be extended to the next business dayBusiness Day and such extension of time shall be included in any computation of interest and fees. Any amount received payment of an Interest Period Loan prior to the end of its Interest Period shall be accompanied by the Lender, whether as an interest payment, principal payment or principal all amounts due under Section 3.9. Any prepayment from or on behalf of the Company, Loans by a Borrower shall be applied as follows in descending order of priority: (i) first to all previously invoiced costs, fees costs and expenses of the Lender Agent (including reasonable attorneys' feesany Extraordinary Expenses) incurred relating to such Borrower, second to Floating Rate Loans (and Agent may, in connection its discretion, apply such prepayment to Swingline Loans before other Revolver Loans) of such Borrower, and then to Interest Period Loans of such Borrower; provided, however, that as long as no Default or Event of Default exists, prepayments of Interest Period Loans may (other than in the case of Full Payment of the Obligations), at the option of the applicable Borrower, be held by Agent as Cash Collateral and applied to such Loans at the end of their Interest Periods (in which case no compensation under Section 3.9 hereof shall be payable with this Agreement or respect to such prepayment, but interest shall continue to accrue on the outstanding principal of such Loans until payment thereon). All payments with respect to any Obligation shall be made in enforcing any obligations of, or in collecting any payments from, any obligor hereunder; (ii) to interest which has accrued on past due payments under the Note; (iii) to interest that is currently due and payable under currency of the Note; (iv) to underlying Obligation. Any payment of principal under the Note currently due and payable; (v) made contrary to the payment of past due principal under the Note; and (vi) to the prepayment of principal due under the Note. (b) Other than the tender of cash equal to such amount requirements of the Maximum Loan Commitment Amount as in determined by the parties to preceding sentence shall be tendered at the Closings pursuant subject to the terms of this Agreement, which tenders are subject to the terms and conditions hereof, and regardless of whether the Company has repaid such amounts in whole or in part, the Lender will have no obligation whatsoever to lend, advance or otherwise pay any other monies to or on behalf of the CompanySection 5.11.

General Payment Provisions. (a1) The Company will shall make each payment when due which it owes under the Note Notes or this Agreement not later than 12:00 noon3:00 p.m., Pacific TimeBaltimore, Maryland time, on the date such payment becomes due and payable, in lawful money of the United States of America, without set-off, deduction or counterclaim, and in immediately available funds sent by wire transfer to the Lender at the address to be provided Agent in accordance with its written payment instructions received by the LenderCompany no later than five (5) Business Days prior to such payment date. Any payment received by the Lender Agent after such time shall be deemed to have been made on the next following business dayBusiness Day. Should any such payment become due and payable on a day other than a business dayBusiness Day, the maturity of such payment shall be the next business dayBusiness Day. Any amount received by the LenderAgent, whether as an interest payment, principal payment or principal prepayment from or on behalf of the Company, shall be applied as follows in descending order of priority: (i) to all previously invoiced costs, fees and expenses of the Agent and any Lender (including reasonable attorneys' fees) incurred in connection with this Agreement or in enforcing any obligations of, or in collecting any payments from, any obligor hereunderhereunder or under the Securities; (ii) to interest which has accrued on past due payments under the Notehereunder; (iii) to interest that is currently due and payable under on the NoteNotes; (iv) to payment of principal under on the Note Notes currently due and payable; (v) to the payment of past due principal under on the NoteNotes; and (vi) to the prepayment of principal due under the NoteNotes. (bA) Other than The Agent agrees to act as the tender Lenders' sole managing agent with respect to the Notes and shall take such action as may be reasonably necessary to administer, monitor, and collect and disburse payments of cash equal to such amount principal and interest on the Notes. (B) The Agent shall be an agent of the Maximum Loan Commitment Amount as in determined Lenders with respect to all proceeds of any kind paid to or received by the parties to be tendered at the Closings pursuant to the terms of this AgreementAgent, which tenders are subject to the terms and conditions hereof, and regardless of whether the Company has repaid such amounts in whole or in part, the Lender will have no obligation whatsoever to lend, advance or otherwise pay any other monies to by or on behalf of the CompanyCompany under the Notes or any other Loan Document. (C) The Agent shall keep customary books and records relating to the Notes and such books and records shall be available for the Lenders' inspection during the Agent's normal business hours. The Agent agrees to deliver to each Lender such documentation relating to the Notes as each Lender shall reasonably request from time to time. (D) Promptly upon the Agent's receipt from the Company of any statement, report or other information that the Company is required to deliver to the Agent or the Lenders by the terms of the Loan Documents, the Agent shall deliver a complete and correct copy of the same to each Lender. (E) The Agent shall hold the originals of, and shall have delivered concurrently herewith to each Lender copies, of the Loan Documents. (F) The Agent shall receive all payments on account of principal and interest and all other sums payable pursuant to the Notes and the other Loan Documents. Promptly upon the receipt thereof by the Agent, whether by payment from the Company or otherwise, the Agent will transfer to each Lender, such Lender's pro rata portion of (i) any and all interest payments hereafter made on the Notes, (ii) any principal payments made on the Notes, (iii) any amount received by Agent from the Company in reimbursement of expenses incurred by the Lenders, and (iv) all other sums payable by the Company pursuant to any of the Loan Documents. (G) Each of the Lenders will, on written demand, reimburse the Agent of their respective pro rata share of any and all reasonable costs, expenses and disbursements which may be incurred or made by the Agent in connection with its action in its capacity as the Agent. Except as expressly set forth in this Agreement, the Agent shall have no obligation to the Lenders, and in no event shall the Agent be deemed to be a fiduciary for the Lenders.

General Payment Provisions. All payments of Obligations shall be made without offset, counterclaim or defense of any kind, (a) The Company will make each payment when due under the Note or this Agreement not later other than 12:00 noonfor Taxes, Pacific Time, on the date such payment becomes due and payable, in lawful money of the United States of America, without set-off, deduction or counterclaimas to which Section 5.8 applies), and in immediately available funds sent by wire transfer to funds, not later than 1:00 p.m. (Local Time) on the Lender at the address to be provided by the Lenderdue date. Any payment received by the Lender after such time shall be deemed to have been made on the next following business dayBusiness Day. Should If any such payment become under the Loan Documents shall be stated to be due and payable on a day other than a business dayBusiness Day, the maturity of such payment due date shall be extended to the next business dayBusiness Day and such extension of time shall be included in any computation of interest and fees. Any amount received payment of an LIBOR Loan prior to the end of its Interest Period shall be accompanied by the Lender, whether as an interest payment, principal payment or principal all amounts due under Section 3.10. Any prepayment from or on behalf of the Company, Loans made by a Borrower Group shall be applied as follows in descending order of priority: (i) first to all previously invoiced costs, fees costs and expenses of the Lender Agent and Security Trustees (including reasonable attorneys' feesany Extraordinary Expenses) incurred relating to such Borrower Group, second to Base Rate Loans (and the Agent may, in connection its discretion, apply such prepayment to Swingline Loans before other Revolver Loans) of such Borrower Group, and then to LIBOR Loans of such Borrower Group; provided, however, that as long as no Default or Event of Default exists, prepayments of LIBOR Loans may, at the option of Borrowers of the applicable Borrower Group and the Agent, be held by the Agent as Cash Collateral and applied to such Loans at the end of their Interest Periods (in which case no compensation under Section 3.10 hereof shall be payable with this Agreement or respect to such prepayment). All payments with respect to any U.S. Facility Obligations shall be made in enforcing Dollars and all payments with respect to any obligations of, or other Obligation shall be made in collecting any payments from, any obligor hereunder; (ii) to interest which has accrued on past due payments under the Note; (iii) to interest that is currently due and payable under currency of the Note; (iv) to underlying Obligation. Any payment of principal under the Note currently due and payable; (v) made contrary to the payment of past due principal under the Note; and (vi) to the prepayment of principal due under the Note. (b) Other than the tender of cash equal to such amount requirements of the Maximum Loan Commitment Amount as in determined by the parties to preceding sentence shall be tendered at the Closings pursuant subject to the terms of this Agreement, which tenders are subject to the terms and conditions hereof, and regardless of whether the Company has repaid such amounts in whole or in part, the Lender will have no obligation whatsoever to lend, advance or otherwise pay any other monies to or on behalf of the CompanySection 5.11.

General Payment Provisions. (a) The Company will make each payment when due under the Note or this Agreement not later than 12:00 noon, Pacific Time, on the date such payment becomes due and payable, All payments of Obligations shall be made in lawful money of the United States of AmericaDollars, without set-offoffset, counterclaim or defense of any kind, free and clear of (and without deduction or counterclaimfor) any Taxes, and in immediately available funds sent by wire transfer to funds, not later than 2:00 p.m. on the Lender at the address to be provided by the Lenderdue date. Any payment received by the Lender after such time shall be deemed to have been made on the next following business dayBusiness Day. Should any Except as otherwise expressly provided herein, all such payments shall be made to the Agent, for the account of the respective Issuing Banks or Lenders to which such payment become due and payable on a day is owed, at the Agent’s office located at 0000 X. Xxxx Xxxx Xxxxxx, Xxxxx 000, Xxxxxxxx, XX 00000. The Agent will promptly distribute to each Issuing Bank or Lender its ratable share (or other than a business day, the maturity applicable share as provided herein) of such payment shall be the next business day. Any amount in like funds as received by wire transfer to such Issuing Bank or such Lender’s applicable lending office (or otherwise distribute such payment in like funds as received to the LenderPerson or Persons entitled thereto as provided herein). Borrowers agree that Agent shall have the continuing, whether as an interest paymentexclusive right to apply and reapply payments and proceeds of Collateral against Obligations, principal payment or principal prepayment from or on behalf in accordance with the terms hereof. Subject to Section 10.7, if at any time insufficient funds are received by and available to the Agent to pay fully all amounts of the Companyprincipal, unreimbursed drawings under Letters of Credit, interest, fees and other amounts then due hereunder, such funds shall be applied as follows in descending order of priority: (i) first, to all previously invoiced costspay interest, fees and expenses other amounts then due hereunder, ratably among the parties entitled thereto in accordance with the amounts of the Lender (including reasonable attorneys' fees) incurred in connection with this Agreement or in enforcing any obligations ofinterest, or in collecting any payments fromfees and other amounts then due to such parties, any obligor hereunder; and (ii) second, to interest which has accrued on past pay principal and unreimbursed drawings under Letters of Credit then due payments under hereunder, ratably among the Note; (iii) to interest that is currently due and payable under parties entitled thereto in accordance with the Note; (iv) to payment amounts of principal or unreimbursed drawings under the Note currently Letters of Credit, as applicable, then due and payable; (v) to the payment of past due principal under the Note; and (vi) to the prepayment of principal due under the Note. (b) Other than the tender of cash equal to such amount of the Maximum Loan Commitment Amount as in determined by the parties to be tendered at the Closings pursuant to the terms of this Agreement, which tenders are subject to the terms and conditions hereof, and regardless of whether the Company has repaid such amounts in whole or in part, the Lender will have no obligation whatsoever to lend, advance or otherwise pay any other monies to or on behalf of the Companyparties.

General Payment Provisions. (a) The Company will make each payment when due under the Note or this Agreement not later than 12:00 noon, Pacific Time, on the date such payment becomes due and payable, All payments of Obligations shall be made in lawful money of the United States of AmericaDollars, without set-offoffset, counterclaim or defense of any kind, free and clear of (and without deduction or counterclaimfor) any Taxes, and in immediately available funds sent by wire transfer to the Lender funds, at the address to be provided by Administrative Agent’s Office not later than 2:00 p.m. New York time on the Lenderdue date. Any payment received by the Lender after such time shall be deemed to have been made on the next following business dayBusiness Day and any applicable interest or fee shall continue to accrue. Should If any such payment become to be made by the Borrower shall come due and payable on a day other than a business dayBusiness Day, the maturity of such payment shall be made on the next business dayfollowing Business Day, and such extension of time shall be reflected on computing interest or fees, as the case may be. Any amount received payment of a LIBOR Loan prior to the end of its Interest Period shall be accompanied by the Lender, whether as an interest payment, principal payment or principal all amounts due under Section 3.9. Any prepayment from or on behalf of the Company, Term Loans shall be applied as follows in descending order of priority: (i) first to all previously invoiced costs, fees Base Rate Loans and expenses of the Lender (including reasonable attorneys' fees) incurred in connection with this Agreement or in enforcing any obligations of, or in collecting any payments from, any obligor hereunder; (ii) then to interest which has accrued on past due payments under the Note; (iii) to interest that is currently due and payable under the Note; (iv) to payment of principal under the Note currently due and payable; (v) to the payment of past due principal under the Note; and (vi) to the prepayment of principal due under the NoteLIBOR Loans. (b) Other than Unless the tender Administrative Agent shall have received notice from the Borrower prior to the time at which any payment is due to the Administrative Agent for the account of cash equal the Lenders hereunder that the Borrower will not make such payment, the Administrative Agent may assume that the Borrower has made such payment on such date in accordance herewith and may, in reliance upon such assumption, distribute to the applicable Lenders the amount due. In such event, if the Borrower has not in fact made such payment, then each of the applicable Lenders severally agrees to repay to the Administrative Agent forthwith on demand the amount so distributed to such Lender, in immediately available funds with interest thereon, for each day from and including the date such amount is distributed to it to but excluding the date of payment to the Administrative Agent, at the greater of the Maximum Loan Commitment Amount as in Federal Funds Rate and a rate determined by the parties to be tendered at the Closings pursuant to the terms of this Agreement, which tenders are subject to the terms and conditions hereof, and regardless of whether the Company has repaid such amounts Administrative Agent in whole or in part, the Lender will have no obligation whatsoever to lend, advance or otherwise pay any other monies to or accordance with banking industry rules on behalf interbank compensation. A notice of the CompanyAdministrative Agent to any Lender with respect to any amount owing under this Section 5.1(b) shall be conclusive, absent manifest error.

General Payment Provisions. (a) The Company will make each payment when due under the Note or this Agreement not later than 12:00 noon, Pacific Time, on the date such payment becomes due and payable, 5.5.1. All payments of Obligations shall be made in lawful money of the United States of AmericaDollars, without set-offoffset, counterclaim or defense of any kind, free of (and without deduction or counterclaimfor) any Taxes, and in immediately available funds sent by wire transfer to funds, not later than 12:00 noon on the Lender at the address to be provided by the Lenderdue date. Any payment received by the Lender after such time shall be deemed to have been made on the next following business dayBusiness Day. Should If any such payment become under the Note Documents shall be stated to be due and payable on a day other than a business dayBusiness Day, the maturity of such payment due date shall be extended to the next business dayBusiness Day. 5.5.2. Any amount received by the Lender, whether as an interest payment, principal payment If all or principal prepayment from or on behalf any portion of the CompanyNotes are redeemed, shall be applied as follows in descending order of priority: (i) to all previously invoiced costs, fees and expenses of the Lender (including reasonable attorneys' fees) incurred in connection with this Agreement repaid or in enforcing any obligations of, or in collecting any payments from, any obligor hereunder; (ii) to interest which has accrued on past due payments under the Note; (iii) to interest that is currently due and payable under the Note; (iv) to payment of principal under the Note currently due and payable; (v) prepaid prior to the payment Maturity Date for any reason (including, without limitation, in the event of past due principal under the Note; and (vi) to the prepayment of principal due under the Note. (b) Other than the tender of cash equal to such amount of the Maximum Loan Commitment Amount as in determined by the parties to be tendered at the Closings pursuant to the terms termination of this Agreement, which tenders are subject acceleration of the Notes in accordance with Section 11.2(a) or in connection with any restructure, reorganization, or compromise of the Obligations by the confirmation of a plan or reorganization or any other plan of compromise, restructure, or arrangement in any Insolvency Proceeding), then, in view of the impracticability and extreme difficulty of ascertaining the actual amount of damages to the terms and conditions hereofNoteholders or profits lost by the Noteholders as a result of such redemption, repayment or prepayment, and regardless by mutual agreement of whether the Company has parties as to a reasonable estimation and calculation of the lost profits or damages of the Noteholders, Issuer shall pay to Noteholders, as liquidated damages and compensation for the costs of being prepared to make funds available hereunder an amount equal to the greater of (i) the sum of (a) the amount of principal of the Notes redeemed, repaid such amounts in whole or in partprepaid, plus (b) the accrued but unpaid interest on the principal amount so redeemed, repaid or prepaid, if any, to the date of the redemption, repayment or prepayment, plus (c) if prior to the third anniversary of the Closing Date, the Lender will have no obligation whatsoever to lend, advance Make-Whole Amount and if on or otherwise pay any other monies to or on behalf after the third anniversary of the CompanyClosing Date, 15% of the amount of principal of the Notes redeemed, repaid or prepaid and (ii) the sum of (a) the Thirty Day VWAP multiplied by the number of shares of Common Stock that the redeemed Notes are then convertible into pursuant to this Agreement and (b) the accrued and unpaid interest on the Notes.

General Payment Provisions. (a) The Company will make each payment when due under the Note All payments of Obligations shall be made without offset, counterclaim or this Agreement not later than 12:00 noon, Pacific Time, on the date such payment becomes due and payable, in lawful money defense of the United States of America, without set-off, deduction or counterclaimany kind, and in immediately available funds sent by wire transfer to funds, not later than 1:00 p.m. (Local Time) on the Lender at the address to be provided by the Lenderdue date. Any payment received by the Lender after such time shall be deemed to have been made on the next following business dayBusiness Day. Should If any such payment become under the Loan Documents shall be stated to be due and payable on a day other than a business dayBusiness Day, the maturity of such payment due date shall be extended to the next business dayBusiness Day and such extension of time shall be included in any computation of interest and fees. Any amount received payment of an Interest Period Loan prior to the end of its Interest Period shall be accompanied by the Lender, whether as an interest payment, principal payment or principal all amounts due under Section 3.10. Any prepayment from or on behalf of the Company, Loans to a Borrower Group shall be applied as follows in descending order of priority: (i) first to all previously invoiced costs, fees costs and expenses of the Lender Agent and Security Trustees (including reasonable attorneys' feesany Extraordinary Expenses) incurred relating to such Borrower Group, second to Floating Rate Loans (and Agent may, in connection its discretion, apply such prepayment to Swingline Loans before other Revolver Loans) of such Borrower Group, and then to Interest Period Loans of such Borrower Group; provided, that as long as no Default or Event of Default exists, prepayments of Interest Period Loans may, at the option of Borrowers of the applicable Borrower Group and Agent, be held by Agent as Cash Collateral and applied to such Loans at the end of their Interest Periods (in which case no compensation under Section 3.10 hereof shall be payable with this Agreement or respect to such prepayment). All payments with respect to any U.S. Facility Obligations shall be made in enforcing Dollars (other than under Sections 2.10.2(a) and 3.2.10(b) with respect to U.S. Letters of Credit denominated in currencies other than Dollars) and all payments with respect to any obligations of, or other Obligation shall be made in collecting any payments from, any obligor hereunder; (ii) to interest which has accrued on past due payments under the Note; (iii) to interest that is currently due and payable under currency of the Note; (iv) to underlying Obligation. Any payment of principal under the Note currently due and payable; (v) made contrary to the payment of past due principal under the Note; and (vi) to the prepayment of principal due under the Note. (b) Other than the tender of cash equal to such amount requirements of the Maximum Loan Commitment Amount as in determined by the parties to preceding sentence shall be tendered at the Closings pursuant subject to the terms of this Agreement, which tenders are subject to the terms and conditions hereof, and regardless of whether the Company has repaid such amounts in whole or in part, the Lender will have no obligation whatsoever to lend, advance or otherwise pay any other monies to or on behalf of the CompanySection 5.11.

General Payment Provisions. (a) The Company will make each payment when due under the Note or this Agreement not later than 12:00 noon, Pacific Time, on the date such payment becomes due and payable, in lawful money of the United States of America, without set-off, deduction or counterclaim, and in immediately available funds sent by wire transfer to the Lender Purchaser at the address to be provided by the LenderPurchaser. Any payment received by the Lender Purchaser after such time shall be deemed to have been made on the next following business day. Should any such payment become due and payable on a day other than a business day, the maturity of such payment shall be the next business day. Any amount received by the LenderPurchaser, whether as an interest payment, principal payment or principal prepayment from or on behalf of the Company, shall be applied as follows in descending order of priority: (i) to all previously invoiced costs, fees and expenses of the Lender Purchaser (including reasonable attorneys' fees) incurred in connection with this Agreement or in enforcing any obligations of, or in collecting any payments from, any obligor hereunder; (ii) to interest which has accrued on past due payments under the Note; (iii) to interest that is currently due and payable under the Note; (iv) to payment of principal under the Note currently due and payable; (v) to the payment of past due principal under the Note; and (vi) to the prepayment of principal due under the Note. (b) Other than the tender of cash equal to such amount payment of the Maximum Loan Commitment Amount as in determined by the parties to be tendered Purchase Price at the Closings Closing pursuant to the terms of this Agreement, which tenders are payment is subject to the terms and conditions hereof, and regardless of whether the Company has repaid such amounts in whole or in part, the Lender Purchaser will have no obligation whatsoever to lend, advance or otherwise pay any other monies to or on behalf of the Company.

General Payment Provisions. (a) The Company will make each payment when due under the Note All payments of Obligations shall be made without offset, counterclaim or this Agreement not later than 12:00 noon, Pacific Time, on the date such payment becomes due and payable, in lawful money defense of the United States of America, without set-off, deduction or counterclaimany kind, and in immediately available funds sent by wire transfer to funds, not later than 1:00 p.m. (Local Time) on the Lender at the address to be provided by the Lenderdue date. Any payment received by the Lender after such time shall be deemed to have been made on the next following business dayBusiness Day. Should If any such payment become under the Loan Documents shall be stated to be due and payable on a day other than a business dayBusiness Day, the maturity of such payment due date shall be extended to the next business dayBusiness Day and such extension of time shall be included in any computation of interest and fees. Any amount received payment of an Interest Period Loan prior to the end of its Interest Period shall be accompanied by the Lender, whether as an interest payment, principal payment or principal all amounts due under Section 3.10. Any prepayment from or on behalf of the Company, Loans to a Borrower Group shall be applied as follows in descending order of priority: (i) first to all previously invoiced costs, fees costs and expenses of the Lender Agent and Security Trustees (including reasonable attorneys' feesany Extraordinary Expenses) incurred relating to such Borrower Group, second to Floating Rate Loans (and Agent may, in connection its discretion, apply such prepayment to Swingline Loans before other Revolver Loans) of such Borrower Group, and then to Interest Period Loans of such Borrower Group; provided, however, that as long as no Default or Event of Default exists, prepayments of Interest Period Loans may, at the option of Borrowers of the applicable Borrower Group and Agent, be held by Agent as Cash Collateral and applied to such Loans at the end of their Interest Periods (in which case no compensation under Section 3.10 hereof shall be payable with this Agreement or respect to such prepayment). All payments with respect to any U.S. Facility Obligations shall be made in enforcing Dollars (other than under Sections 2.9.2(a) and 3.2.9(b)) and all payments with respect to any obligations of, or other Obligation shall be made in collecting any payments from, any obligor hereunder; (ii) to interest which has accrued on past due payments under the Note; (iii) to interest that is currently due and payable under currency of the Note; (iv) to underlying Obligation. Any payment of principal under the Note currently due and payable; (v) made contrary to the payment of past due principal under the Note; and (vi) to the prepayment of principal due under the Note. (b) Other than the tender of cash equal to such amount requirements of the Maximum Loan Commitment Amount as in determined by the parties to preceding sentence shall be tendered at the Closings pursuant subject to the terms of this Agreement, which tenders are subject to the terms and conditions hereof, and regardless of whether the Company has repaid such amounts in whole or in part, the Lender will have no obligation whatsoever to lend, advance or otherwise pay any other monies to or on behalf of the CompanySection 5.11.

General Payment Provisions. (a) The Company will shall make each payment when due -------------------------- which it owes under the Note or this Agreement not later than 12:00 noon11:00 a.m., Pacific TimeLos Angeles, California time, on the date such payment becomes due and payable, in lawful money of the United States of America, without set-off, deduction or counterclaim, and in immediately available funds sent by wire transfer to Siena in care of Citibank, NA, 000 Xxxx 00xx Xxxxxx, Xxx Xxxx, Xxx Xxxx, No.: 00000000, For the Lender at account of Lewco Securities, Account No.: 00000000, for the address account of Siena Capital Partners, L.P., Sub-account No.: W-7-0000000, Reference: Paisano principal and interest (or to be provided such other bank and accounts as Siena may from time to time specify pursuant to written instructions received by the LenderCompany no later than five (5) Business Days prior to such payment date). Any payment received by the Lender Siena after such time shall be deemed to have been made on the next following business dayBusiness Day. Should any such payment become due and payable on a day other than a business dayBusiness Day, the maturity of such payment shall be the next business dayBusiness Day. Any amount received by the LenderSiena, whether as an interest payment, principal payment or principal prepayment from or on behalf of the Company, shall be applied as follows in descending order of priority: (i) to all previously invoiced costs, fees and expenses of the Lender Siena (including reasonable attorneys' feesfees and the Finance Fee) incurred in connection with this Agreement or in enforcing any obligations of, or in collecting any payments from, any obligor hereunderhereunder or under the Securities; (ii) to interest which has accrued on past due payments under the Notehereunder; (iii) to interest that is currently due and payable under on the Note; (iv) to payment of principal under on the Note currently due and payable; (v) to the payment of past due principal under on the Note; and (vi) to the prepayment of principal due under the Note. (b) Other than the tender of cash equal to such amount of the Maximum Loan Commitment Amount as in determined by the parties to be tendered at the Closings pursuant to the terms of this Agreement, which tenders are subject to the terms and conditions hereof, and regardless of whether the Company has repaid such amounts in whole or in part, the Lender will have no obligation whatsoever to lend, advance or otherwise pay any other monies to or on behalf of the Company.

General Payment Provisions. (a) The Company Borrower will make each payment when due under the Note or this Agreement not later than 12:00 noon2:00 p.m., Pacific Time, on the date such payment becomes due and payable, in lawful money of the United States of America, without set-off, deduction or counterclaim, and in immediately available funds sent by wire transfer to the Lender at the address to be provided by the Lender. Any payment received by the Lender after such time shall be deemed to have been made on the next following business day. Should any such payment become due and payable on a day other than a business day, the maturity of such payment shall be the next business day. Any amount received by the Lender, whether as an interest payment, principal payment or principal prepayment from or on behalf of the CompanyBorrower, shall be applied as follows in descending order of priority: (i) to all previously invoiced costs, fees and expenses of the Lender (including reasonable attorneys' fees) incurred in connection with this Agreement or in enforcing any obligations of, or in collecting any payments from, any obligor hereunder; (ii) to interest which has accrued on past due payments under the Note; (iii) to interest that is currently due and payable under the Note; (iv) to payment of principal under the Note currently due and payable; (v) to the payment of past due principal under the Note; and (vi) to the prepayment of principal due under the Note. (b) Other than the tender distribution of cash equal Loans up to such amount of the Maximum Loan Commitment Amount as in determined by and during the parties to be tendered at the Closings Commitment Period pursuant to the terms of this Agreement, which tenders are payment is subject to the terms and conditions hereof, and regardless of whether the Company Borrower has repaid such amounts in whole or in part, the Lender will have no obligation whatsoever to lend, advance or otherwise pay any other monies to or on behalf of the CompanyBorrower.

General Payment Provisions. Except as set forth below, upon receipt by the Administrative Agent (aor the applicable Administrative Agent's Correspondent) The Company will make of any payment, the Administrative Agent (or the applicable Administrative Agent's Correspondent) shall distribute to each payment when due under the Note or this Agreement not later than 12:00 noon, Pacific Time, on the date such payment becomes due and payable, in lawful money of the United States of America, without set-off, deduction or counterclaim, and in immediately available funds sent by wire transfer to the Revolving Lender at the address to be provided its applicable Payment Office (or as otherwise specified by the such Revolving Lender. Any payment received by the Lender after such time shall be deemed to have been made on the next following business day. Should any such payment become due and payable on a day other than a business day, the maturity ) its pro rata share of such payment in accordance with such Revolving Lender's Revolving Commitment Percentage and shall be the next business day. Any amount received by the Lender, whether as an interest payment, principal payment or principal prepayment from or on behalf wire advice of the Company, shall be applied as follows in descending order amount of priority: such credit to such Revolving Lender; provided that: (i) each payment with respect to any Issuing Lender's fees or the L/C Participants' commissions shall be distributed to the applicable Payment Office of the applicable Issuing Lender or the L/C Participants, as the case may be; (ii) each payment with respect to any Swingline Loans (including, without limitation, all previously invoiced costs, fees and expenses payable to the applicable Swingline Lender) shall be distributed to the applicable Payment Office of the applicable Swingline Lender; and (iii) each payment with respect to any fees and expenses of the Administrative Agent shall be distributed to the applicable Payment Office of the Administrative Agent. Furthermore, any amount payable to any Revolving Lender (including reasonable attorneys' feesunder Sections 4.11, 4.12, 4.13 or 14.3 shall be paid to the Administrative Agent for the account of the applicable Revolving Lender. Subject to Section 4.1(b)(ii) incurred in connection with if any payment under this Agreement or in enforcing any obligations of, or in collecting any payments from, any obligor hereunder; (ii) to interest which has accrued on past due payments under the Note; (iii) to interest that is currently due and payable under the Note; (iv) to payment of principal under the Note currently due and payable; (v) to the payment of past due principal under the Note; and (vi) to the prepayment of principal due under the Note. (b) Other than the tender of cash equal to such amount of the Maximum Loan Commitment Amount as in determined by the parties shall be specified to be tendered at made upon a day which is not a Business Day, it shall be made on the Closings pursuant to the terms next succeeding day which is a Business Day and such extension of this Agreement, which tenders are subject to the terms and conditions hereof, and regardless of whether the Company has repaid time shall in such amounts case be included in whole or in part, the Lender will have no obligation whatsoever to lend, advance or otherwise pay computing any other monies to or on behalf of the Companyinterest if payable along with such payment.

General Payment Provisions. (a) The Company will shall make each payment when due which it owes under the Note or this Agreement not later than 12:00 noon11:00 a.m., Pacific TimeLos Angeles, California time, on the date such payment becomes due and payable, in lawful money of the United States of America, without set-off, deduction or counterclaim, and in immediately available funds sent by wire transfer to the Lender at the address Siena in care of Citibank, N.A., 450 West 33rd Street, New York, New York, ABA No.: 02100089, For thx xxxxxxx xx Xxxxx Xxxxxxxxxx, Xxxxxxx Xx.: 00253792, xxx xxe account of Siena Capital Partners, L.P., Sub-accouxx Xx.: W07-8041738, Reference: Brothers' principal and interest (or to be provided such othxx xxxx and accounts as Siena may from time to time specify pursuant to written instructions received by the LenderCompany no later than five (5) Business Days prior to such payment date). Any payment received by the Lender Siena after such time shall be deemed to have been made on the next following business dayBusiness Day. Should any such payment become due and payable on a day other than a business dayBusiness Day, the maturity of such payment shall be the next business dayBusiness Day. Any amount received by the LenderSiena, whether as an interest payment, principal payment or principal prepayment from or on behalf of the Company, shall be applied as follows in descending order of priority: (i) to all previously invoiced costs, fees and expenses of the Lender Siena (including reasonable attorneys' feesfees and the Finance Fee) incurred in connection with this Agreement or in enforcing any obligations of, or in collecting any payments from, any obligor hereunderhereunder or under the Securities; (ii) to interest which has accrued on past due payments under the Notehereunder; (iii) to interest that is currently due and payable under on the Note; (iv) to payment of principal under on the Note currently due and payable; (v) to the payment of past due principal under on the Note; and (vi) to the prepayment of principal due under the Note. (b) Other than the tender of cash equal to such amount of the Maximum Loan Commitment Amount as in determined by the parties to be tendered at the Closings pursuant to the terms of this Agreement, which tenders are subject to the terms and conditions hereof, and regardless of whether the Company has repaid such amounts in whole or in part, the Lender will have no obligation whatsoever to lend, advance or otherwise pay any other monies to or on behalf of the Company.

General Payment Provisions. (a) The Company will make each payment when due under the Note All payments of Obligations shall be made without offset, counterclaim or this Agreement not later than 12:00 noon, Pacific Time, on the date such payment becomes due and payable, in lawful money defense of the United States of America, without set-off, deduction or counterclaimany kind, and in immediately available funds sent by wire transfer to funds, not later than 1:00 p.m. (Local Time) on the Lender at the address to be provided by the Lenderdue date. Any payment received by the Lender after such time shall be deemed to have been made on the next following business dayBusiness Day. Should If any such payment become under the Loan Documents shall be stated to be due and payable on a day other than a business dayBusiness Day, the maturity of such payment due date shall be extended to the next business dayBusiness Day and such extension of time shall be included in any computation of interest and fees. Any amount received payment of an Interest Period Loan prior to the end of its Interest Period shall be accompanied by the Lender, whether as an interest payment, principal payment or principal all amounts due under Section 3.10. Any prepayment from or on behalf of the Company, Loans to a Borrower Group shall be applied as follows in descending order of priority: (i) first to all previously invoiced costs, fees costs and expenses of the Lender Agent (including reasonable attorneys' feesany Extraordinary Expenses) incurred relating to such Borrower Group, second to Floating Rate Loans (and Agent may, in connection its discretion, apply such prepayment to Swingline Loans before other Revolver Loans) of such Borrower Group, and then to Interest Period Loans of such Borrower Group; provided, however, that as long as no Default or Event of Default exists, prepayments of Interest Period Loans may (other than in the case of Full Payment of the Obligations), at the option of Borrowers of the applicable Borrower Group and Agent, be held by Agent as Cash Collateral and applied to such Loans at the end of their Interest Periods (in which case no compensation under Section 3.10 hereof shall be payable with this Agreement or respect to such prepayment, but interest shall continue to accrue on the outstanding principal of such Loans until payment thereon). All payments with respect to any U.S. Facility Obligations shall be made in enforcing Dollars and all payments with respect to any obligations of, or other Obligation shall be made in collecting any payments from, any obligor hereunder; (ii) to interest which has accrued on past due payments under the Note; (iii) to interest that is currently due and payable under currency of the Note; (iv) to underlying Obligation. Any payment of principal under the Note currently due and payable; (v) made contrary to the payment of past due principal under the Note; and (vi) to the prepayment of principal due under the Note. (b) Other than the tender of cash equal to such amount requirements of the Maximum Loan Commitment Amount as in determined by the parties to preceding sentence shall be tendered at the Closings pursuant subject to the terms of this Agreement, which tenders are subject to the terms and conditions hereof, and regardless of whether the Company has repaid such amounts in whole or in part, the Lender will have no obligation whatsoever to lend, advance or otherwise pay any other monies to or on behalf of the CompanySection 5.12.