Payment by Bank Sample Clauses

Payment by Bank. 4.1.1. The Bank will pay to the Company, as full consideration for any Transaction between the Company and any Cardholder using a Credit Card, as to which the Company has complied with the provisions of Section 3 above, the amount shown on the records of the Company for each Transaction, including all applicable shipping, handling and taxes, less a discount, which discount shall be equal to the discount rate determined in accordance with Section 4.1.5 (expressed as a fraction) multiplied by the amount shown on the records of the Company for each Transaction (exclusive of all applicable shipping, handling and taxes). 4.1.2. The Bank will pay such amount by transferring immediately available funds to an account designated by the Company at any bank to which the Bank may make electronic fund transfers before the end of the second Business Day following the receipt by the Bank of the information required by Section 3.1 or 3.2, such information to be properly formatted and edited and transferred via a telecommunications connection between the Company and the Bank pursuant to such computer programs and telecommunications protocols as the Bank may, in its reasonable discretion, designate from time to time, subject to reasonable prior notice. The Company will transmit (in the manner referred to above) to the Bank an audited and balanced file in the format specified by the Bank containing all such information within two Business Days after the occurrence of the underlying Transaction; PROVIDED that if, as a result of technical disruptions, any store locations are not polled within a normal period after the occurrence of the underlying Transactions, the Company will transmit such information relating to such store locations as soon as reasonably practicable after polling is completed. 4.1.3. The Company may not attempt to collect any amount from any Cardholder with respect to a Transaction which has been paid for by the Bank under this Section 4.1 and not charged back to the Company pursuant to Section 3.5. 4.1.4. The Company will, consistent with past practices, accept payments from Cardholders for amounts due on Credit Cards ("IN-STORE PAYMENTS"). Any In-Store Payments received by the Company will be held in trust for the Bank and its assigns and netted against amounts payable by the Bank pursuant to Section 4.1.1 (PROVIDED that the Company shall not be required to keep In-Store Payments separate from other payments received by the Company) and evidence of such pa...
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Payment by Bank. In the event that (a) an Early Termination Date occurs or is designated with respect to the Transaction as a result of a Termination Event or an Event of Default (other than an Event of Default arising under Section 5(a)(ii) or 5(a)(iv) of the Agreement) and, as a result, Bank owes to Company an amount calculated under Section 6(e) of the Agreement, or (b) Bank owes to Company, pursuant to Section 12.7 or Section 12.9 of the Equity Definitions, an amount calculated under Section 12.8 of the Equity Definitions, such amount shall be deemed to be zero.
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Payment by Bank. On or as soon as practicable after the --------------- Effective Date, the Bank shall pay to the Trustee the amount of $137,185, which payment shall be made by a check payable to "John S. Pereira as chapter 7 trustee of the estates of Trace Internatxxxxx Xxxxxxxx, Inc., et al."
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Payment by Bank. (a) The Bank shall at all times be entitled to make any payment under any BG-i issued for which a demand has been made without further investigation or enquiry and need not concern itself with the propriety of any claim made by the Customer or any other third party or that the Bank was or might have been justified in refusing payment, in whole or in part, of the amount so demanded. (b) The Bank shall not in any circumstances whatsoever be liable to the Customer in respect of any loss or damage suffered by the Customer in consequence of the Bank making a payment under a BG-i.
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Payment by Bank. (a) The Bank shall at all times be entitled to make any payment under any SG-i issued for which a demand has been made without further investigation or enquiry and need not concern itself with the propriety of any claim made by the Customer or any other third party. (b) The Bank shall not in any circumstances whatsoever be liable to the Customer in respect of any loss or damage suffered by the Customer in consequence of the Bank making a payment under a SG-i.
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Payment by Bank. Bank shall pay the amount stated in the invoice(s) to Medallion within thirty (30) days following receipt of such invoice(s) by a mutually agreed upon payment method to an account designated by Medallion.
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Payment by Bank. 4.1.1 The Bank will pay to the Company, as full consideration for any Transaction between the Company and any Cardholder using a Credit Card, as to which the Company has complied with the provisions of Section 3 above, the amount shown on the records of the Company for each Transaction, including all applicable shipping, handling and taxes, less a discount, which discount shall be equal to the discount rate determined in accordance with
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Payment by Bank. 13.1 Merchant may claim payment from the Bank in respect of all Card Transaction by performing settlement via POS terminal within three (3) Business Days of the transaction date. 13.2 In the event the settlement in clause 13.1 is not able to be performed or received by the Bank, the Merchant may claim payment from the Bank by presenting all Sales Slips in accordance with the provisions of the Agreement to the Bank within three (3) Business Days of the transaction date, at such place as the Bank shall from time to time designate to the Merchant. 13.3 All figures shown on the Sales Slips submitted are subject to final audit and checking by the Bank, and the Merchant agrees that the Bank shall not be obliged to make payment to the Merchant in respect of the Sales Slips submitted which the provisions of the Agreement have not been observed. In respect of each Card Transaction, provided that the provisions of the Agreement have been observed, the Bank will pay to the Merchant an amount equal the total amount shown on the Sales Slips submitted less the Merchant Discount, subject to the provisions of the Agreement relating to withholding of payments, chargebacks and adjustments. 13.4 All payments by the Bank shall be made in Ringgit Malaysia unless otherwise stipulated by the Bank. The Bank will make payment to the Merchant within three (3) Business Days from the date of settlement performed in clause 13.1 or from the time of receipt of the Sales Slip from the Merchant in normal circumstances, as the case may be, or such other period as the Bank may inform the Merchant of from time to time. 13.5 Payment by the Bank does not constitute confirmation that the transactions are accepted according to the conditions and procedures stated herein or free of irregularity. The Bank reserves the right at its absolute discretion to claim back from the Merchant any payment made in accordance with the provisions of Clause 14. 13.6 In order for the Bank to effect payment to the Merchant, the Merchant is required to assigned valid company current account to the Bank and any payments due from the Bank to the Merchant shall be credited directly to the assigned company current account. Any payment due from the Merchant to the Bank may be recovered by the Bank in the manner stipulated in Clause 14. 13.7 The Bank reserves the right not to pay the Merchant and not to credit the Merchant Account with the relevant amount, or if the Bank has already paid or credited the Merchant Account w...
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Payment by Bank. All sums delivered to Bank pursuant to this Agreement shall be held by Bank and paid as rent, and other obligations as the same are payable pursuant to the Ground Sublease provided sufficient funds have been deposited hereunder.
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Related to Payment by Bank

  • Payment by Guarantor If all or any part of the Guaranteed Obligations shall not be punctually paid when due, whether at demand, maturity, acceleration or otherwise, Guarantor shall, immediately upon demand by Lender, and without presentment, protest, notice of protest, notice of non-payment, notice of intention to accelerate the maturity, notice of acceleration of the maturity, or any other notice whatsoever, pay in lawful money of the United States of America, the amount due on the Guaranteed Obligations to Lender at Lender’s address as set forth herein. Such demand(s) may be made at any time coincident with or after the time for payment of all or part of the Guaranteed Obligations, and may be made from time to time with respect to the same or different items of Guaranteed Obligations. Such demand shall be deemed made, given and received in accordance with the notice provisions hereof.

  • Payment by Lenders In the event that Company shall fail for any reason to reimburse any Issuing Lender as provided in subsection 3.3B in an amount equal to the amount of any honored drawing or payment made by such Issuing Lender under a Letter of Credit issued by it, such Issuing Lender shall promptly notify each other Lender of the unreimbursed amount of such honored drawing or payment and of such other Lender's respective participation therein based on such Lender's Pro Rata Share of the Revolving Loan Commitments. Each Lender shall make available to such Issuing Lender an amount equal to its respective participation, in same day funds, at the office of such Issuing Lender specified in such notice, not later than 12:00 Noon (New York time) on the first business day (under the laws of the jurisdiction in which such office of such Issuing Lender is located) after the date notified by such Issuing Lender. In the event that any Lender fails to make available to such Issuing Lender on such business day the amount of such Lender's participation in such Letter of Credit as provided in this subsection 3.3C, such Issuing Lender shall be entitled to recover such amount on demand from such Lender together with interest thereon at the rate customarily used by such Issuing Lender for the correction of errors among banks for three Business Days and thereafter at the Base Rate. Nothing in this subsection 3.3C shall be deemed to prejudice the right of any Lender to recover from any Issuing Lender any amounts made available by such Lender to such Issuing Lender pursuant to this subsection 3.3C in the event that it is determined by the final judgment of a court of competent jurisdiction that the payment with respect to a Letter of Credit by such Issuing Lender in respect of which payment was made by such Lender constituted gross negligence or willful misconduct on the part of such Issuing Lender.

  • Payment by Wire Transfer So long as any Purchaser or its nominee shall be the holder of any Note, and notwithstanding anything contained in Section 14.1 or in such Note to the contrary, the Company will pay all sums becoming due on such Note for principal, Make-Whole Amount, if any, interest and all other amounts becoming due hereunder by the method and at the address specified for such purpose below such Purchaser’s name in the Purchaser Schedule, or by such other method or at such other address as such Purchaser shall have from time to time specified to the Company in writing for such purpose, without the presentation or surrender of such Note or the making of any notation thereon, except that upon written request of the Company made concurrently with or reasonably promptly after payment or prepayment in full of any Note, such Purchaser shall surrender such Note for cancellation, reasonably promptly after any such request, to the Company at its principal executive office or at the place of payment most recently designated by the Company pursuant to Section 14.1. Prior to any sale or other disposition of any Note held by a Purchaser or its nominee, such Purchaser will, at its election, either endorse thereon the amount of principal paid thereon and the last date to which interest has been paid thereon or surrender such Note to the Company in exchange for a new Note or Notes pursuant to Section 13.2. The Company will afford the benefits of this Section 14.2 to any Institutional Investor that is the direct or indirect transferee of any Note purchased by a Purchaser under this Agreement and that has made the same agreement relating to such Note as the Purchasers have made in this Section 14.2.

  • Payment by Counterparty In the event that, following payment of the Premium, (i) an Early Termination Date occurs or is designated with respect to the Transaction as a result of a Termination Event or an Event of Default (other than an Event of Default arising under Section 5(a)(ii) or 5(a)(iv) of the Agreement) and, as a result, Counterparty owes to Dealer an amount calculated under Section 6(e) of the Agreement, or (ii) Counterparty owes to Dealer, pursuant to Section 12.7 or Section 12.9 of the Equity Definitions, an amount calculated under Section 12.8 of the Equity Definitions, such amount shall be deemed to be zero.

  • Payment by Guarantors Subject to Section 7.2, Guarantors hereby jointly and severally agree, in furtherance of the foregoing and not in limitation of any other right which any Beneficiary may have at law or in equity against any Guarantor by virtue hereof, that upon the failure of Borrower to pay any of the Guaranteed Obligations when and as the same shall become due, whether at stated maturity, by required prepayment, declaration, acceleration, demand or otherwise (including amounts that would become due but for the operation of the automatic stay under Section 362(a) of the Bankruptcy Code, 11 U.S.C. § 362(a)), Guarantors will upon demand pay, or cause to be paid, in Cash, to Administrative Agent for the ratable benefit of Beneficiaries, an amount equal to the sum of the unpaid principal amount of all Guaranteed Obligations then due as aforesaid, accrued and unpaid interest on such Guaranteed Obligations (including interest which, but for Borrower’s becoming the subject of a case under the Bankruptcy Code, would have accrued on such Guaranteed Obligations, whether or not a claim is allowed against Borrower for such interest in the related bankruptcy case) and all other Guaranteed Obligations then owed to Beneficiaries as aforesaid.

  • Payment by Tenant Tenant shall pay to Landlord, within fifteen (15) days after delivery by Landlord to Tenant of statements therefor: (i) sums equal to expenditures reasonably made and obligations incurred by Landlord in connection with Landlord’s performance or cure of any of Tenant’s obligations pursuant to the provisions of Section 19.2.3 above; and (ii) sums equal to all expenditures made and obligations incurred by Landlord in collecting or attempting to collect the Rent or in enforcing or attempting to enforce any rights of Landlord under this Lease or pursuant to law, including, without limitation, all legal fees and other amounts so expended. Tenant’s obligations under this Section 19.3 shall survive the expiration or sooner termination of the Lease Term.

  • Assignment by Seller The Seller shall have the right, upon notice to but without the consent of the Servicer, to assign, in whole or in part (but exclusive of the Servicer’s rights and obligations as owner of the servicing rights relating to the Mortgage Loans), its interest under this Agreement to the Depositor, which in turn shall assign such rights to the Trustee, and the Trustee then shall succeed to all rights of the Seller under this Agreement. All references to the Seller in this Agreement shall be deemed to include its assignee or designee and any subsequent assignee or designee, specifically including the Trustee.

  • Assignment by Company The Company may assign its rights under this Agreement to an affiliate, and an affiliate may assign its rights under this Agreement to another affiliate of the Company or to the Company; provided, however, that no assignment shall be made if the net worth of the assignee is less than the net worth of the Company at the time of assignment. In the case of any such assignment, the term "Company" when used in a section of this Agreement shall mean the corporation that actually employs the Employee.

  • Assignment by Buyer Buyer shall have the right to assign this Agreement to any third party or parties and no consent on the part of Seller shall be required for such assignment, provided however, that any such assignment shall not relieve Buyer of its liabilities and obligations hereunder.

  • Assignment by Borrower The Borrower shall not assign or transfer any of its rights or obligations under any of the Loan Documents without the prior written consent of each of the Banks.

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