Common use of Making Payments Clause in Contracts

Making Payments. 4.1. Lender’s and Borrower’s (further together referred to as the “Parties”, while each separately – the “Party”) payments noted in the Agreement and to be made under the Agreement shall be made through the Lender’s and Borrower’s virtual sub-accounts (further referred to as the “Sub-Account”) created in the Portal xxx.xxxxxxxxxx.xxx (hereinafter referred to as the “Portal”) operated by CROWDFUNDING PLATFORM under the terms and conditions and according to the procedure established in the Portal’s terms and conditions as long as both Parties remain the Portal’s registered users. In order to make the contractual payments (including Loan Amount, repayments of the Loan Amount, interest, default interest, contractual penalty, compensation for early repayment of the loan) the Parties shall give CROWDFUNDING PLATFORM an irrevocable order to debit the agreed sum from the Sub-Account of the Party obliged to make the payment in the amount and at the time set forth in the Agreement and to credit the same amount to the Sub-Account of the Party entitled to receive the payment. A payment shall be considered as completed when credited to the Sub-Account of the Party entitled to receive the payment. 4.2. Unless stated differently in the Agreement, the Lender and the Borrower shall be obliged to ensure that a sufficient non-booked sum reflected as a positive balance would be available at their Sub-Account for making contractual payments at the time and in the amount set forth in the Agreement. If the aforementioned obligation is violated by the Borrower, default interest in the amount of 0.1% of the outstanding amount per delayed day shall be calculated from the day following the payment date until the Sub-Account of the obliged Party is debited in the amount corresponding to the payment. Default interest is not applied to the Party obliged to make the payment if their Sub-Account had a sufficient non-booked sum reflected as a positive balance on the payment date. 4.3. If the Borrower’s Sub-Account lacks sufficient funds for making payments necessary for performing obligations that have become collectible (including payments to be made to the Borrower’s other creditors and Collateral Agent), the payments shall be made in the order that they have become collectible, starting from the obligation that has become collectible the earliest. If the Borrower’s Sub- Account lacks sufficient funds for making payments necessary for fulfilling several obligations that have become simultaneously collectible (including payments payable to Borrower’s other creditors and the Collateral Agent), the payments made for covering the obligations that have become simultaneously collectible shall be made proportionally to the obligation’s amount. 4.4. If the Lender or Borrower cease to be a registered user of the Portal, the Parties shall make the contractual payments through their own bank accounts. If in such case the Borrower fails to make a payment in due time, it shall be obliged to pay the other Party default interest in the amount of 0.1% of the outstanding amount per delayed day, which shall be calculated from the day following the payment date until the payment is made in the respective amount.

Appears in 15 contracts

Samples: Loan Agreement, Loan Agreement, Loan Agreement

AutoNDA by SimpleDocs

Making Payments. 4.1. Any and all Lender’s, Borrower’s and BorrowerCollateral Agent’s (further together referred to as the “Parties”, while each separately – the “Party”) payments noted in the Agreement and to be made under the Agreement shall be made through the Lender’s and Borrower’s virtual sub-accounts (further hereinafter referred to as the “Sub-Account”) created in the Portal xxx.xxxxxxxxxx.xxx operated by Crowdestor OÜ, registry code in Estonia 14386262, (hereinafter referred to as the “Portal”) operated by CROWDFUNDING PLATFORM under the terms and conditions and according to the procedure established in the Portal’s terms and conditions as long as both relevant Parties remain the Portal’s registered users. In order to make the contractual payments (including Loan Amount, repayments of the Loan Amount, interest, default interestpenalty for delay, contractual penalty, compensation for early repayment of the loan) the Parties shall give CROWDFUNDING PLATFORM Crowdestor OÜ an irrevocable order to debit the agreed sum from the Sub-Account of the Party obliged to make the payment in the amount and at the time set forth in the Agreement and to credit the same amount to the Sub-Account of the Party entitled to receive the payment. A payment shall be considered as completed when credited to the Sub-Sub- Account of the Party entitled to receive the payment. 4.2. Unless stated differently in the Agreement, the Lender and the Borrower shall be obliged to ensure that a sufficient non-booked sum reflected as a positive balance would be available at their Sub-Account for making contractual payments at the time and in the amount set forth in the Agreement. If the aforementioned obligation is violated by the Borrowerviolated, default interest a penalty in the amount of 0.1% of the outstanding amount per delayed day shall be calculated from the day following the payment date until the Sub-Account of the obliged Party is debited in the amount corresponding to the payment. Default interest Penalty is not applied to the Party obliged to make the payment if their Sub-Account had a sufficient non-booked sum reflected as a positive balance on the payment date. 4.3. If the Borrower’s Sub-Account lacks sufficient funds for making payments necessary for performing obligations that have become collectible (including payments to be made to the Borrower’s other creditors and Collateral Agent), the payments shall be made in the order that they have become collectible, starting from the obligation that has become collectible the earliest. If the Borrower’s Sub- Account lacks sufficient funds for making payments necessary for fulfilling several obligations that have become simultaneously collectible (including payments payable to Borrower’s other creditors and the Collateral Agent), the payments made for covering the obligations that have become simultaneously collectible shall be made proportionally to the obligation’s amount. 4.4. If the Lender or Borrower cease to be a registered user of the Portal, the Parties shall make the contractual payments through their own bank accounts. If in such case the Borrower a Party fails to make a payment in due time, it they shall be obliged to pay the other Party default interest party a penalty in the amount of 0.1% of the outstanding amount per delayed day, which shall be calculated from the day following the payment date until the payment is made in the respective amount.

Appears in 9 contracts

Samples: Loan Agreement, Loan Agreement, Loan Agreement

Making Payments. 4.1. Any and all Lender’s, Borrower’s and BorrowerCollateral Agent’s (further together referred to as the “Parties”, while each separately – the “Party”) payments noted in the Agreement and to be made under the Agreement shall be made through the Lender’s and Borrower’s virtual sub-accounts (further hereinafter referred to as the “Sub-Account”) created in the Portal xxx.xxxxxxxxxx.xxx operated by Crowdestor OÜ, registry code in Estonia 14386262, (hereinafter referred to as the “Portal”) operated by CROWDFUNDING PLATFORM under the terms and conditions and according to the procedure established in the Portal’s terms and conditions as long as both relevant Parties remain the Portal’s registered users. In order to make the contractual payments (including Loan Amount, repayments of the Loan Amount, interest, default interestpenalty for delay, contractual penalty, compensation for early repayment of the loan) the Parties shall give CROWDFUNDING PLATFORM Crowdestor OÜ an irrevocable order to debit the agreed sum from the Sub-Account of the Party obliged to make the payment in the amount and at the time set forth in the Agreement and to credit the same amount to the Sub-Account of the Party entitled to receive the payment. A payment shall be considered as completed when credited to the Sub-Sub- Account of the Party entitled to receive the payment. 4.2. Unless stated differently in the Agreement, the Lender and the Borrower shall be obliged to ensure that a sufficient non-booked sum reflected as a positive balance would be available at their Sub-Account for making contractual payments at the time and in the amount set forth in the Agreement. If the aforementioned obligation is violated by the Borrowerviolated, default interest a penalty in the amount of 0.10.15% of the outstanding amount per delayed day shall be calculated from the day following the payment date until the Sub-Account of the obliged Party is debited in the amount corresponding to the payment. Default interest Penalty is not applied to the Party obliged to make the payment if their Sub-Account had a sufficient non-booked sum reflected as a positive balance on the payment date. 4.3. If the Borrower’s Sub-Account lacks sufficient funds for making payments necessary for performing obligations that have become collectible (including payments to be made to the Borrower’s other creditors and Collateral Agent), the payments shall be made in the order that they have become collectible, starting from the obligation that has become collectible the earliest. If the Borrower’s Sub- Account lacks sufficient funds for making payments necessary for fulfilling several obligations that have become simultaneously collectible (including payments payable to Borrower’s other creditors and the Collateral Agent), the payments made for covering the obligations that have become simultaneously collectible shall be made proportionally to the obligation’s amount. 4.4. If the Lender or Borrower cease to be a registered user of the Portal, the Parties shall make the contractual payments through their own bank accounts. If in such case the Borrower a Party fails to make a payment in due time, it they shall be obliged to pay the other Party default interest party a penalty in the amount of 0.10.15% of the outstanding amount per delayed day, which shall be calculated from the day following the payment date until the payment is made in the respective amount.

Appears in 2 contracts

Samples: Loan Agreement, Loan Agreement

Making Payments. 4.1. Lender’s and Borrower’s (further together referred to as the “Parties”, while each separately - the “Party”) payments noted in the Agreement and to be made under the Agreement shall be made through the Lender’s and Borrower’s virtual sub-accounts (further referred to as the “Sub-Account”) created in the Portal xxx.xxxxxxxxxx.xxx (hereinafter referred to as the “Portal”) operated by CROWDFUNDING PLATFORM under the terms and conditions and according to the procedure established in the Portal’s terms and conditions as long as both Parties remain the Portal’s registered users. In order to make the contractual payments (including Loan Amount, repayments of the Loan Amount, interest, default interest, contractual penalty, compensation for early repayment of the loan) the Parties shall give CROWDFUNDING PLATFORM an irrevocable order to debit the agreed sum from the Sub-Account of the Party obliged to make the payment in the amount and at the time set forth in the Agreement and to credit the same amount to the Sub-Account of the Party entitled to receive the payment. A payment shall be considered as completed when credited to the Sub-Account of the Party entitled to receive the payment. 4.2. Unless stated differently in the Agreement, the Lender and the Borrower shall be obliged to ensure that a sufficient non-booked sum reflected as a positive balance would be available at their Sub-Account for making contractual payments at the time and in the amount set forth in the Agreement. If the aforementioned obligation is violated by the Borrower, default interest in the amount of 0.1% of the outstanding amount per delayed day shall be calculated from the day following the payment date until the Sub-Account of the obliged Party is debited in the amount corresponding to the payment. Default interest is not applied to the Party obliged to make the payment if their Sub-Account had a sufficient non-booked sum reflected as a positive balance on the payment date. 4.3. If the Borrower’s Sub-Account lacks sufficient funds for making payments necessary for performing obligations that have become collectible (including payments to be made to the Borrower’s other creditors and Collateral Agent), the payments shall be made in the order that they have become collectible, starting from the obligation that has become collectible the earliest. If the Borrower’s Sub- Account lacks sufficient funds for making payments necessary for fulfilling several obligations that have become simultaneously collectible (including payments payable to Borrower’s other creditors and the Collateral Agent), the payments made for covering the obligations that have become simultaneously collectible shall be made proportionally to the obligation’s amount. 4.4. If the Lender or Borrower cease to be a registered user of the Portal, the Parties shall make the contractual payments through their own bank accounts. If in such case the Borrower fails to make a payment in due time, it shall be obliged to pay the other Party default interest in the amount of 0.1% of the outstanding amount per delayed day, which shall be calculated from the day following the payment date until the payment is made in the respective amount.

Appears in 1 contract

Samples: Loan Agreement

Making Payments. 4.1. LenderXxxxxx’s and BorrowerXxxxxxxx’s (further together referred to as the “Parties”, while each separately - the “Party”) payments noted in the Agreement and to be made under the Agreement shall be made through the Lender’s and Borrower’s virtual sub-accounts (further referred to as the “Sub-Account”) created in the Portal xxx.xxxxxxxxxx.xxx (hereinafter referred to as the “Portal”) operated by CROWDFUNDING PLATFORM under the terms and conditions and according to the procedure established in the Portal’s terms and conditions as long as both Parties remain the Portal’s registered users. In order to make the contractual payments (including Loan Amount, repayments of the Loan Amount, interest, default interest, contractual penalty, compensation for early repayment of the loan) the Parties shall give CROWDFUNDING PLATFORM an irrevocable order to debit the agreed sum from the Sub-Account of the Party obliged to make the payment in the amount and at the time set forth in the Agreement and to credit the same amount to the Sub-Account of the Party entitled to receive the payment. A payment shall be considered as completed when credited to the Sub-Account of the Party entitled to receive the payment. 4.2. Unless stated differently in the Agreement, the Lender and the Borrower shall be obliged to ensure that a sufficient non-booked sum reflected as a positive balance would be available at their Sub-Account for making contractual payments at the time and in the amount set forth in the Agreement. If the aforementioned obligation is violated by the Borrower, default interest in the amount of 0.1% of the outstanding amount per delayed day shall be calculated from the day following the payment date until the Sub-Account of the obliged Party is debited in the amount corresponding to the payment. Default interest is not applied to the Party obliged to make the payment if their Sub-Account had a sufficient non-booked sum reflected as a positive balance on the payment date. 4.3. If the Borrower’s Sub-Account lacks sufficient funds for making payments necessary for performing obligations that have become collectible (including payments to be made to the Borrower’s other creditors and Collateral Agent), the payments shall be made in the order that they have become collectible, starting from the obligation that has become collectible the earliest. If the Borrower’s Sub- Account lacks sufficient funds for making payments necessary for fulfilling several obligations that have become simultaneously collectible (including payments payable to Borrower’s other creditors and the Collateral Agent), the payments made for covering the obligations that have become simultaneously collectible shall be made proportionally to the obligation’s amount. 4.4. If the Lender or Borrower cease to be a registered user of the Portal, the Parties shall make the contractual payments through their own bank accounts. If in such case the Borrower fails to make a payment in due time, it shall be obliged to pay the other Party default interest in the amount of 0.1% of the outstanding amount per delayed day, which shall be calculated from the day following the payment date until the payment is made in the respective amount.

Appears in 1 contract

Samples: Loan Agreement

AutoNDA by SimpleDocs

Making Payments. 4.1. Any and all Lender’s, Borrower’s and BorrowerCollateral Agent’s (further together referred to as the “Parties”, while each separately – the “Party”) payments noted in the Agreement and to be made under the Agreement shall be made through the Lender’s and Borrower’s virtual sub-accounts (further hereinafter referred to as the “Sub-Account”) created in the Portal xxx.xxxxxxxxxx.xxx operated by Crowdestor OÜ, registry code in Estonia 14386262, (hereinafter referred to as the “Portal”) operated by CROWDFUNDING PLATFORM under the terms and conditions and according to the procedure established in the Portal’s terms and conditions as long as both relevant Parties remain the Portal’s registered users. In order to make the contractual payments (including Loan Amount, repayments of the Loan Amount, interest, default interestpenalty for delay, contractual penalty, compensation for early repayment of the loan) the Parties shall give CROWDFUNDING PLATFORM Crowdestor OÜ an irrevocable order to debit the agreed sum from the Sub-Account of the Party obliged to make the payment in the amount and at the time set forth in the Agreement and to credit the same amount to the Sub-Account of the Party entitled to receive the payment. A payment shall be considered as completed when credited to the Sub-Sub- Account of the Party entitled to receive the payment. 4.2. Unless stated differently in the Agreement, the Lender and the Borrower shall be obliged to ensure that a sufficient non-booked sum reflected as a positive balance would be available at their Sub-Account for making contractual payments at the time and in the amount set forth in the Agreement. If the aforementioned obligation is violated by the Borrowerviolated, default interest a penalty in the amount of 0.1% of the outstanding amount per delayed day shall be calculated from the day following the payment date until the Sub-Account of the obliged Party is debited in the amount corresponding to the payment. Default interest Penalty is not applied to the Party obliged to make the payment if their Sub-Account had a sufficient non-booked sum reflected as a positive balance on the payment date. 4.3. If the Borrower’s Sub-Account lacks sufficient funds for making payments necessary for performing obligations that have become collectible (including payments to be made to the Borrower’s other creditors and Collateral Agent), the payments shall be made in the order that they have become collectible, starting from the obligation that has become collectible the earliest. If the Borrower’s Sub- Account lacks sufficient funds for making payments necessary for fulfilling several obligations that have become simultaneously collectible (including payments payable to Borrower’s other creditors and the Collateral Agent), the payments made for covering the obligations that have become simultaneously collectible shall be made proportionally to the obligation’s amount. 4.4. If the Lender or Borrower cease to be a registered user of the Portal, the Parties shall make the contractual payments through their own bank accounts. If in such case the Borrower fails to make a payment in due time, it they shall be obliged to pay the other Party default interest party a penalty in the amount of 0.1% of the outstanding amount per delayed day, which shall be calculated from the day following the payment date until the payment is made in the respective amount.

Appears in 1 contract

Samples: Loan Agreement

Making Payments. 4.1. Any and all Lender’s and Borrower’s (further together referred to as the “Parties”, while each separately – the “Party”) payments noted in the Agreement and to be made under the Agreement shall be made through the Lender’s and Borrower’s virtual sub-sub- accounts created in the Portal (further hereinafter referred to as the “Sub-Account”) created in the Portal xxx.xxxxxxxxxx.xxx (hereinafter referred to as the “Portal”) operated by CROWDFUNDING PLATFORM under the terms and conditions and according to the procedure established in the Portal’s terms and conditions as long as both Parties remain the Portal’s registered users. If one of the Parties ceases to be a registered user of the Portal, the Parties shall make the agreed payments through their own bank accounts. In order to make the contractual payments (including Loan Amountpayments, repayments of the Loan Amount, interest, default interest, contractual penalty, compensation for early repayment of the loan) the Parties shall give CROWDFUNDING PLATFORM Levelcrowd OÜ an irrevocable order to debit the agreed sum from the Sub-Sub- Account of the Party obliged to make the payment in the amount and at the time set forth in the Agreement and to credit the same amount to the Sub-Account of the Party entitled to receive the payment. A payment shall be considered as completed when credited to the Sub-Account of the Party entitled to receive the payment. 4.2. Unless stated differently in the Agreement, a Party to the Lender and the Borrower Agreement shall be obliged to ensure that a sufficient non-booked sum reflected as a positive balance would be available at their Sub-Account for making contractual payments at the time and in the amount set forth in the Agreement. If the aforementioned obligation is violated by the Borrowerviolated, default interest a penalty in the amount of 0.10.15% of the outstanding amount per delayed day shall be calculated from the day following the payment date until the Sub-Account of the obliged Party is debited in the amount corresponding to the payment. Default interest The penalty is not applied to the The Party obliged to make the payment if their Sub-Account had a sufficient non-booked sum reflected as a positive balance on the payment date. 4.3. If the Borrower’s Sub-Account lacks sufficient funds for making payments necessary for performing obligations that have become collectible (including payments to be made to the Borrower’s other creditors and Collateral Agent), the payments shall be made in the order that they have become collectible, starting from the obligation that has become collectible the earliest. If the Borrower’s Sub- Account lacks sufficient funds for making payments necessary for fulfilling several obligations that have become simultaneously collectible (including payments payable to Borrower’s other creditors and the Collateral Agentcreditors), the payments made for covering the obligations that have become simultaneously collectible shall be made proportionally to the obligation’s amount. 4.4. If the Lender or Borrower cease to be a registered user of the Portal, the Parties shall make the contractual payments through their own bank accounts. If in such case the Borrower fails to make a payment in due time, it shall be obliged to pay the other Party default interest in the amount of 0.1% of the outstanding amount per delayed day, which shall be calculated from the day following the payment date until the payment is made in the respective amount.

Appears in 1 contract

Samples: Loan Agreement

Making Payments. 4.1. Any and all Lender’s, Borrower’s and BorrowerCollateral Agent’s (further together referred to as the “Parties”, while each separately – the “Party”) payments noted in the Agreement and to be made under the Agreement shall be made through the Lender’s and Borrower’s virtual sub-accounts (further hereinafter referred to as the “Sub-AccountAccount ”) created in the Portal xxx.xxxxxxxxxx.xxx operated by Crowdestor OÜ, registry code in Estonia 14386262, (hereinafter referred to as the “Portal”) operated by CROWDFUNDING PLATFORM under the terms and conditions and according to the procedure established in the Portal’s terms and conditions as long as both relevant Parties remain the Portal’s registered users. In order to make the contractual payments (including Loan Amount, repayments of the Loan Amount, interest, default interestpenalty for delay, contractual penalty, compensation for early repayment of the loan) the Parties shall give CROWDFUNDING PLATFORM Crowdestor OÜ an irrevocable order to debit the agreed sum from the Sub-Account of the Party obliged to make the payment in the amount and at the time set forth in the Agreement and to credit the same amount to the Sub-Account of the Party entitled to receive the payment. A payment shall be considered as completed when credited to the Sub-Sub- Account of the Party entitled to receive the payment. 4.2. Unless stated differently in the Agreement, the Lender and the Borrower shall be obliged to ensure that a sufficient non-booked sum reflected as a positive balance would be available at their Sub-Account for making contractual payments at the time and in the amount set forth in the Agreement. If the aforementioned obligation is violated by the Borrowerviolated, default interest a penalty in the amount of 0.10.15% of the outstanding amount per delayed day shall be calculated from the day following the payment date until the Sub-Account of the obliged Party is debited in the amount corresponding to the payment. Default interest Penalty is not applied to the Party obliged to make the payment if their Sub-Account had a sufficient non-booked sum reflected as a positive balance on the payment date. 4.3. If the Borrower’s Sub-Account lacks sufficient funds for making payments necessary for performing obligations that have become collectible (including payments to be made to the Borrower’s other creditors and Collateral Agent), the payments shall be made in the order that they have become collectible, starting from the obligation that has become collectible the earliest. If the Borrower’s Sub- Account lacks sufficient funds for making payments necessary for fulfilling several obligations that have become simultaneously collectible (including payments payable to Borrower’s other creditors and the Collateral Agent), the payments made for covering the obligations that have become simultaneously collectible shall be made proportionally to the obligation’s amount. 4.4. If the Lender or Borrower cease to be a registered user of the Portal, the Parties shall make the contractual payments through their own bank accounts. If in such case the Borrower a Party fails to make a payment in due time, it they shall be obliged to pay the other Party default interest party a penalty in the amount of 0.10.15% of the outstanding amount per delayed day, which shall be calculated from the day following the payment date until the payment is made in the respective amount.

Appears in 1 contract

Samples: Loan Agreement

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!