Payment by Borrower. The Borrower agrees, declares, affirms and confirms that notwithstanding any of the provisions of the Contract Act or any other law or any terms and conditions to the contrary contained in this Agreement, any payment made by the Borrower to the Bank unless otherwise agreed to by the Bank in writing, be appropriated by the Bank in the manner following:-
i) Firstly towards costs, charges, expenses and other moneys due and payable or becoming due and payable to the Bank;
ii) Secondly towards interest due and payable and / or accruing due and payable to the Bank; and
iii) Lastly towards repayment of the amount of any instalment (s) of the principal sum due and payable or becoming due and payable to the Bank. All the aforesaid amounts having become due and payable and / or becoming due and payable by the Borrower to the Bank under this Agreement shall be promptly paid by the Borrower to the Bank as per terms of this Agreement.
Payment by Borrower. All payments to be made by the Borrower under or pursuant to this Agreement shall be made to the Lender on the date upon which the relevant payment is due in US$ in full and in immediately available funds to the Lender before 4:00p.m. (Hong Kong time) on that date by payment into such account as the Lender may from time to time specify.
Payment by Borrower. The Borrower shall remit by telegraphic transfer or bank transfer the full amount of the interest then due and payable into an account designated by the Lender on each Interest Payment Date.
Payment by Borrower. The Borrower agrees to fully reimburse Seafirst and all Seafirst Affiliates for all amounts paid under any Letter of Credit together with interest thereon at the Prime Rate from the date such payment is made until the date Seafirst notifies the Borrower that such payment was made. Such reimbursement shall be made in immediately available funds at Seafirst's Commercial Loan Processing Center not later than 12:00 noon (Seattle time) on the date the Borrower is first notified by Seafirst that payment has been made under the Letter of Credit; provided, that, if Seafirst so elects pursuant to the terms of Section 9.2, following the occurrence of an Event of Default, the face amount of each Letter of Credit shall become immediately due and payable. If the Borrower shall default in its obligations to reimburse Seafirst or any Seafirst Affiliate or to make any other payment required hereunder, interest shall accrue on the unpaid amount thereof at the Default Rate from the date such amount becomes due and payable until payment in full by the Borrower. Interest on unpaid amounts shall be calculated on the basis of a year of three hundred sixty (360) days and shall be payable on demand.
Payment by Borrower. The Borrower shall remit the full amount of the interest then due and payable into the account designated by the Facility Agent by telegraphic transfer or bank transfer by 11:00 a.m. on each Interest Payment Date. Should the Facility Agent receive any interest payment from the Borrower by 11:00 a.m. on each Interest Payment Date, the Facility Agent shall remit full amount of the interest so payable to the Lenders by 4:00 p.m. of that Interest Payment Date on a pro rata basis.
Payment by Borrower. Unless otherwise provided in this Agreement, all repayments of the principal and payments of interest and all other sums due from the Borrower under this Agreement to the Lender shall be paid
i. first by way of cash for the entire sum due under this Agreement; or in the event the Borrower does not have sufficient funds available,
ii. by way of transfer of all the ordinary shares held by the Borrower in EG Industries Berhad (Company No. 222897-W) (“EG”), subject to Clause 7(B) below, before 11.00 a.m. on the due date or dates to the Lender at 00 Xxx Xxxxxxxx, Xxx Xxxxxxxx Xxxxx X #00-00, Xxxxxxxxx 000000 or such other address or addresses as the Lender may from time to time stipulate.
Payment by Borrower. Unless otherwise provided in this Agreement, all repayments of the principal and payments of interest and all other sums due from the Borrower under this Agreement to the Lender shall be paid
i. first by way of cash for the entire sum due under this Agreement; or in the event the Borrower does not have sufficient funds available,
ii. by way of transfer of all the ordinary shares held by the Borrower in EG Industries Berhad (Company No. 222897-W) (“EG”), subject to Clause 7(B) below, before 11.00 a.m. on the due date or dates to the Lender at 00 Xxx Xxxxxxxx, Xxx Xxxxxxxx Xxxxx X #00-00, Xxxxxxxxx 000000 or such other address or addresses as the Lender may from time to time stipulate.” The Supplemental Deed to the Direct Loan Agreement dated 7 October 2016 provides that in the event the Borrower is unable to repay the Loan or any part thereof on their respective due dates (where applicable), then the whole of the balance of the then outstanding sums shall immediately become due and payable by the Borrower to the Company on first written demand and the Company shall be at liberty to enforce its claim for the balance of the Loan against the Borrower without any further notice to the Borrower. For the avoidance of doubt, the Borrower shall not contest any legal proceedings commenced against it, including but not limited to, actions, claims, demands, petitions, summons, statutory notices and/or writs served on it for the outstanding sums due under the Loan and any accrued interest thereon. The Supplemental Deed to the Direct Loan Agreement dated 7 October 2016 further provides that the Borrower undertakes to and for the benefit of the Company that it shall not contest any legal proceedings commenced against it, including but not limited to, actions, claims, demands, petitions, summons, statutory notices and/or writs served on it for any outstanding sums due under the Loan and any interest accrued thereon in the event the Borrower is unable to repay the Loan or any part thereof on their respective due dates (where applicable).”
Payment by Borrower. Borrower agrees to fully reimburse Agent for all amounts paid by Agent under any Letter of Credit and to pay interest thereon at the Base Rate then applicable to Revolving Loans from the date Agent makes such payment until the date of any demand for reimbursement by Agent. Such payment shall be made in immediately available funds at Agent's
Payment by Borrower. If any Foreign Subsidiary shall fail to pay, when due and payable, any amount due to any Lender or any Affiliate of such Lender under any Foreign Facility, the Borrower will, without demand or notice, immediately pay the same to the Agent for the account of such Lender or Affiliate. If any Foreign Facility would be subject to acceleration, but such acceleration is enjoined or stayed, the Borrower will to the extent permitted by Applicable Law, purchase such Foreign Facility for a price equal to the outstanding principal amount thereof, plus such accrued interest and other amounts as would have been payable had such Foreign Facility been paid or prepaid at the time of such purchase. All payments by the Borrower under this Guaranty shall be made without any setoff, counterclaim, or deduction whatsoever, and in the same currency and funds as are required to be paid by the Foreign Subsidiaries.
Payment by Borrower. Borrower agrees to fully reimburse Agent for all amounts paid by Agent under any Letter of Credit and to pay interest thereon at the Adjusted Reference Rate from the date Agent makes such payment until the next Business Day following the date of any demand for reimbursement by Agent. Such payment shall be made in immediately available funds at Agent's Commercial Loan Processing Center not later than 11:00 a.m. (Seattle, Washington time) on the next Business Day following the date of any demand for reimbursement by Agent; provided, that, if Agent so elects pursuant to the terms of Section 8.2 hereof, following the occurrence and during the continuance of an Event of Default, an amount equal to the face amount of each Letter of Credit shall become immediately due and payable. If Borrower shall default in its obligations to reimburse Agent or to make any other payment required hereunder, interest shall accrue on the unpaid amount thereof at a per annum rate equal to two (2) percentage points above the Adjusted Reference Rate (changing as the Reference Rate changes) from the date such amount becomes due and payable until payment in full by Borrower. Interest payable under this Section 3.4 on amounts paid by Agent under any Letter of Credit shall be calculated on the basis of a year of 360 days and shall be payable on demand.
