Payment Details. All payments of the Obligations by the Borrower or any other Loan Party hereunder and under any of the other Loan Documents shall be made without setoff or counterclaim and shall be paid in cash in Dollars and applied in accordance with Section 2.3(d). Payments of any amounts and other Obligations due to the Lenders under this Agreement or the other Loan Documents shall be made in Dollars in immediately available funds prior to 11:00 a.m. (New York City time) on such date that any such payment is due, using such wire information or address for such applicable Lender that is set forth on Schedule 2.4 or at such other bank or place as such applicable Lenders shall from time to time designate in writing at least prior to the date such payment is due. Any payment received by any Lender after 11:00 a.m. (New York City time) may in such Lender’s discretion be deemed to have been made on the following Business Day. The Borrower shall pay all and any fees, costs and expenses (administrative or otherwise) imposed by banks, clearing houses or any other financial institutions in connection with making any payments under any of the Loan Documents.
Appears in 3 contracts
Samples: Senior Subordinated Convertible Loan Agreement (Melinta Therapeutics, Inc. /New/), Senior Subordinated Convertible Loan Agreement (Melinta Therapeutics, Inc. /New/), Senior Subordinated Convertible Loan Agreement (Melinta Therapeutics, Inc. /New/)
Payment Details. All payments payments, prepayments and repayments of the Obligations by the Borrower or any other Loan Party hereunder and under any of the other Loan Facility Documents shall be made without setoff or counterclaim counterclaim. Payments, prepayments and shall be paid in cash in Dollars and applied in accordance with Section 2.3(d). Payments repayments of any amounts and other Obligations due to Agent or the Lenders under this Agreement or the other Loan Facility Documents shall be made in in cash Dollars in immediately available funds prior to 11:00 a.m. (New York City time) on such the date that any such payment is due, using such the wire information or address for such applicable Lender Agent that is set forth on Schedule 2.4 2.3 or at such other bank or place as Agent or such applicable Lenders shall from time to time designate in writing at least three (3) Business Days prior to the date such payment is due. Any payment received by Agent or any Lender after 11:00 a.m. (New York City time) may such time may, in such Lenderthe Agent’s discretion discretion, be deemed to have been made on the following Business Day. The Borrower shall pay all and any fees, costs and expenses (administrative or otherwise) imposed by banks, clearing houses or any other financial institutions in connection with making any payments under any of the Loan Facility Documents.
Appears in 3 contracts
Samples: Facility Agreement (Sientra, Inc.), Facility Agreement (Sientra, Inc.), Facility Agreement (Sientra, Inc.)
Payment Details. All payments payments, prepayments and repayments of the Obligations by the Borrower or any other Loan Party hereunder and under any of the other Loan Facility Documents shall be made without setoff or counterclaim counterclaim. Payments, prepayments and shall be paid in cash in Dollars and applied in accordance with Section 2.3(d). Payments repayments of any amounts and other Obligations due to Agent or the Lenders under this Agreement or the other Loan Facility Documents shall be made in in cash Dollars in immediately available funds prior to 11:00 a.m. (New York City time) on such the date that any such payment is due, using such the wire information or address for such applicable Lender Agent that is set forth on Schedule 2.4 2.8 or at such other bank or place as Agent or such applicable Lenders shall from time to time designate in writing at least three (3) Business Days prior to the date such payment is due. Any payment received by Agent or any Lender after 11:00 a.m. (New York City time) may such time may, in such Lenderthe Agent’s discretion discretion, be deemed to have been made on the following Business Day. The Borrower shall pay all and any fees, costs and expenses (administrative or otherwise) imposed by banks, clearing houses or any other financial institutions in connection with making any payments under any of the Loan Facility Documents.
Appears in 2 contracts
Samples: Multi Draw Senior Secured Super Priority Priming Debtor in Possession Credit Agreement and Guaranty (Sientra, Inc.), Multi Draw Senior Secured Super Priority Priming Debtor in Possession Credit Agreement and Guaranty (Sientra, Inc.)