Order and Notice of Payments Sample Clauses

Order and Notice of Payments. Contemporaneously with the making of ---------------------------- any payments in respect of the Advances, the Borrower shall give the Bank telecopy notice of the amount being repaid. If no Default or Event of Default exists, all payments shall be applied to principal or interest on the Note, or to fees and other amounts payable by the Borrower hereunder, as the Borrower may direct. At any time when a Default or Event of Default exists, all payments in respect of the Obligations shall be applied first, to all costs, expenses, fees ----- and reasonable attorneys' fees incurred by, and Custodian Fees due to, Bank arising out of or in connection with this Agreement, the Note or the other Loan Documents, including, without limitation, to the extent not previously paid, all costs, expenses, fees and reasonable attorneys' fees arising out of or in connection with the negotiation, preparation and enforcement of such documents; second, to the payment of all expenses due and payable under Section 6.05; ------ ------------ third, to the payment of fees due and payable under Section 11.02 and 11.03; ----- ------------- ----- fourth, to the payment of interest then due and payable under the Note; and ------ fifth, to the payment of principal of the Note. -----
Sample 1
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Order and Notice of Payments. Contemporaneously with the making ---------------------------- of any payments in respect of the Advances, Borrower shall give Agent telephonic notice of the amount being repaid. If no Event of Default exists and is continuing, Borrower shall repay any Domestic Rate Advances consisting of Swing Advances outstanding prior to repaying any Domestic Rate Advances consisting of Warehouse Advances then outstanding and, except to the extent of any Eurodollar Rate Advances as to which the applicable Eurodollar Borrowing Period ends on 128 the date of such payment (which Eurodollar Rate Advances shall, unless being continued as Eurodollar Rate Advances pursuant to SECTION 2.12(K), be repaid prior to the repayment of any Domestic Rate Advances on such date), Borrower shall repay Domestic Rate Advances outstanding prior to repaying any Eurodollar Rate Advances outstanding. Subject to the preceding sentence, if no Event of Default exists and is continuing, payments in respect of the Obligations shall be applied to specific types of Obligations (e.g., fees, expenses, principal and interest) as Borrower directs. At any time when an Event of Default exists and is continuing, all payments in respect of the Obligations shall (unless Agent and Lenders shall otherwise unanimously agree) be applied FIRST to all reasonable costs, expenses, fees and reasonable attorneys' fees incurred by, and agency or custodian fees due to, Agent arising out of or in connection with this agreement, the Notes or the other Loan Documents, including, without limitation, all reasonable costs, expenses, fees and reasonable attorneys' fees arising out of or in connection with the negotiation, preparation and enforcement of such documents; SECOND, to the payment of all expenses due and payable under SECTION 6.5 ratably among Lenders in accordance with such amounts; THIRD, to the payment of fees due and payable under SECTION 2.4(A) and 2.4(D), ratably in accordance with such amounts; FOURTH, to the payment of interest then due and payable under the Notes, ratably in accordance with the amount of interest owed to each Lender; and FIFTH, to the payment of principal of the Notes ratably in accordance with the outstanding Advances of each Lender; provided, that (x) payments due under the preceding clause FOURTH to any Lender which has failed to make any Advance or purchase any participation required to be made or purchased by such Lender under SECTION 2.L(D) shall be allocated first to the payment of inte...
Sample 1
Order and Notice of Payments. Contemporaneously with the making ---------------------------- of any payments in respect of the Advances, Borrower shall give Agent telephonic notice of the amount being repaid and shall promptly confirm such payment by a delivering a Confirmation to Agent, duly completed and executed by Borrower. If no Event of Default exists and is continuing, Borrower shall repay all Advances in the following order:
Sample 1

Related to Order and Notice of Payments

  • Manner and Time of Payment All payments by Company of principal, interest, fees and other Obligations hereunder and under the Notes shall be made in Dollars in same day funds, without defense, setoff or counterclaim, free of any restriction or condition, and delivered to Administrative Agent not later than 12:00 Noon (New York City time) on the date due at the Funding and Payment Office for the account of Lenders; funds received by Administrative Agent after that time on such due date shall be deemed to have been paid by Company on the next succeeding Business Day. Company hereby authorizes Administrative Agent to charge its accounts with Administrative Agent in order to cause timely payment to be made to Administrative Agent of all principal, interest, fees and expenses due hereunder (subject to sufficient funds being available in its accounts for that purpose).

  • Terms of Payment The Loan shall be payable as follows:

  • Order of Payment In the event of any insolvency or bankruptcy proceedings, or any receivership, liquidation, reorganization or other similar proceedings relative to the Corporation, or to its property or assets, or in the event of any proceedings for voluntary liquidation, dissolution or voluntary winding-up of the Corporation, whether or not involving insolvency or bankruptcy, or any marshalling of the assets and liabilities of the Corporation:

  • SOURCE OF PAYMENTS All payments provided in this Agreement shall be timely paid in cash or check from the general funds of the Bank. The Company, however, unconditionally guarantees payment and provision of all amounts and benefits due hereunder to Executive and, if such amounts and benefits due from the Bank are not timely paid or provided by the Bank, such amounts and benefits shall be paid or provided by the Company.

  • Source of Payment Except as otherwise provided under the terms of any applicable employee benefit plan, all payments provided for under this Agreement shall be paid in cash from the general funds of Company. The Company shall not be required to establish a special or separate fund or other segregation of assets to assure such payments, and, if the Company shall make any investments to aid it in meeting its obligations hereunder, the Executive shall have no right, title or interest whatever in or to any such investments except as may otherwise be expressly provided in a separate written instrument relating to such investments. Nothing contained in this Agreement, and no action taken pursuant to its provisions, shall create or be construed to create a trust of any kind, or a fiduciary relationship, between the Company and the Executive or any other person. To the extent that any person acquires a right to receive payments from the Company hereunder, such right, without prejudice to rights which employees may have, shall be no greater than the right of an unsecured creditor of the Company. The Executive shall not look to the owners of the Company for the satisfaction of any obligations of the Company under this Agreement.

  • Manner of Payments All Rent (whether Periodic Lease Rent, Renewal Lease Rent or Supplemental Lease Rent) shall be paid by the Facility Lessee in lawful currency of the United States of America in immediately available funds to the recipient not later than 11:00 a.m. (New York City time) on the date due. All Rent payable to the Owner Lessor (other than Excepted Payments) shall be paid by the Facility Lessee to the Owner Lessor by payment to the Owner Lessor's Account, or to such other place as the Owner Lessor shall notify the Facility Lessee in writing; provided, however, that so long as the Lien of the Lease Indenture has not been discharged, the Owner Lessor hereby irrevocably directs (it being agreed and understood that such direction shall be deemed to have been revoked after the Lien of the Lease Indenture shall have been fully discharged in accordance with its terms), and the Facility Lessee agrees, that all payments of Rent (other than Excepted Payments) payable to the Owner Lessor shall be paid by wire transfer directly to the Lease Indenture Trustee's Account or to such other place as the Lease Indenture Trustee shall notify the Facility Lessee in writing pursuant to the Lease Indenture. Payments constituting Excepted Payments shall be made to the Person entitled thereto at the address for such Person set forth in the Participation Agreement, or to such other place as such Person shall notify the Facility Lessee in writing.

  • Alternate Payment and Notice Provisions Notwithstanding any provision of this Indenture or any of the Notes to the contrary, the Issuer may enter into any agreement with any Holder of a Note providing for a method of payment, or notice by the Indenture Trustee or any Paying Agent to such Holder, that is different from the methods provided for in this Indenture for such payments or notices. The Issuer will furnish to the Indenture Trustee a copy of each such agreement and the Indenture Trustee will cause payments to be made and notices to be given in accordance with such agreements.

  • Time of Payments Provided that the conditions of paragraph 7 (relating to waiver and release) have been satisfied, payments pursuant to subparagraphs 4(a) and 4(b) shall be paid no later than March 15th of the calendar year following the calendar year in which the Executive’s Termination Date occurs or at such earlier date as may apply in accordance with the following:

  • Form and Time of Payment of RSUs (a) Payment for the RSUs, after and to the extent they have become nonforfeitable, shall be made in the form of shares of Common Stock. Except as provided in Section 5(b) or 5(c), payment shall be made within 10 days following the date that the RSUs become nonforfeitable pursuant to Section 4 hereof.

  • Evidence of Payments As soon as practicable after any payment of Indemnified Taxes or Other Taxes by the Borrower to a Governmental Authority, the Borrower shall deliver to the Administrative Agent the original or a certified copy of a receipt issued by such Governmental Authority evidencing such payment, a copy of the return reporting such payment or other evidence of such payment reasonably satisfactory to the Administrative Agent.

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