Payment to Lender. In the event Tenant receives written notice (the “Rent Payment Notice”) from Lender or from a receiver for the Landlord’s Premises that there has been a default under the Security Instrument and that rentals due under the Lease are to be paid to Lender or to the receiver (whether pursuant to the terms of the Security Instrument or of that certain Assignment of Rents and Leases executed by Landlord as additional security for the Loan), Tenant shall pay to Lender or to the receiver, or shall pay in accordance with the directions of Lender or of the receiver, all Rent and other monies due or to become due to Landlord under the Lease, notwithstanding any contrary instruction, direction or assertion of Former Landlord. Landlord hereby expressly and irrevocably directs and authorizes Tenant to comply with any Rent Payment Notice, notwithstanding any contrary instruction, direction or assertion of Landlord, and Landlord hereby releases and discharges Tenant of and from any liability to Landlord on account of any such payments. The delivery by Lender or the receiver to Tenant of a Rent Payment Notice, or Tenant’s compliance therewith, shall not be deemed to: (i) cause Lender to succeed to or to assume any obligations or responsibilities as landlord under the Lease, all of which shall continue to be performed and discharged solely by the applicable Landlord unless and until any attornment has occurred pursuant to this Agreement; or (ii) relieve the applicable Former Landlord of any obligations under the Lease. Tenant shall be entitled to rely on any Rent Payment Notice. Tenant shall be under no duty to controvert or challenge any Rent Payment Notice. Tenant’s compliance with a Rent Payment Notice shall not be deemed to violate the Lease. Tenant shall be entitled to full credit under the Lease for any Rent paid to Lender pursuant to a Rent Payment Notice to the same extent as if such Rent were paid directly to Former Landlord.
Payment to Lender. All sums payable to Lender under the Loan shall be paid directly to Lender in United States Dollars and immediately available funds. If Lender shall send to Borrower statements of amounts due hereunder, such statements shall be considered correct and conclusively binding on Borrower unless Borrower notifies Lender to the contrary within thirty (30) days of its receipt of any statement which it deems to be incorrect. Alternatively, at its sole discretion, Lender may charge against any deposit account of Borrower all or any part of any amount due hereunder.
Payment to Lender. The Payment, any Progress Payment, any Termination Payment, and all other sums that become payable by the Province to the Contractor under the DBFO Agreement shall be paid only:
(a) subsequent to the delivery by the Province of a Default Notice or during the Step-In Period, to the Lender, in which case any such payment to the Lender shall be deemed payment to the Contractor under the DBFO Agreement; or
(b) subject to Section 2.2(a), to any account or accounts of the Contractor at any time jointly designated by the Contractor and the Lender and in the absence of such designation, to the Contractor, in either case, for the purpose of calculating a Termination Payment under section 18.8 or 18.9 of the DBFO Agreement, all payments to such account or accounts or to the Contractor that were required by the terms of the relevant Senior Debt Financing to have been applied towards repayment of the Senior Debt Financing shall be deemed to have been so applied.
Payment to Lender. Borrower will pay to the Lender on the Maturity Date, or the Acceleration Date, whichever shall first occur, the principal amount, together with accrued interest not later than 12 noon, Denver, Colorado time in lawful money of the United States of America in immediately available funds. Any payment received after that time will be deemed to have been made on the next following business day. Should the payment become due and payable on a day other than a business day, the maturity of that payment shall be extended to the next succeeding business day, and in the case of a payment of principal, interest shall accrue and be payable for the period of such extension. At the Lender's election, which may be exercised by its giving written notice to the Borrower not less than ten (10) business days prior to the Maturity Date or the Acceleration Date, whichever is applicable, the Lender may request the Borrower to issue to the Lender common stock of the Borrower in lieu of payment of the amounts outstanding under the Note, the number of common shares to be issued to be determined by dividing $.80 into the amount outstanding under the Note. The Borrower agrees, at its sole expense, that it will upon the Lender's written request use its reasonable best efforts to register the sale of such shares with the United States Securities and Exchange Commission, in accordance with the provisions of Exhibit F attached hereto. In connection therewith, the Borrower shall have obtained all authorizations and approvals of, and all other actions required to be taken by, any applicable governmental authority or regulatory body or stock exchange and shall have given all notices to, and made all filings with, any such governmental authority or regulatory body or stock exchange, that may be required in connection with such issuance and registration of the Borrower's common stock. The Borrower may elect not to issue the stock if it timely pays to Lender in immediately available funds the full amount of principal and interest owed under the Note. Upon the issuance of the stock, the amount due under the Loan shall be deemed no longer due and payable, and this Agreement shall be deemed terminated and the Note deemed canceled.
Payment to Lender. All payments to be made to the Lender by the Borrower hereunder will be made by direct deposit payments by way of electronic funds transfer to an account in a bank in Canada designated by the Lender, unless directed otherwise by the Lender.
Payment to Lender. All sums payable to Lender hereunder shall be paid directly to Lender in United States Dollars and immediately available funds at the place payment is due. If Lender shall send to Cavalier Acceptance statements of amounts due hereunder, such statements shall be considered correct and conclusively binding on Cavalier Acceptance unless Cavalier Acceptance notifies Lender to the contrary within thirty (30) days of its receipt of any statement which it deems to be incorrect. Alternatively, at its sole discretion, Lender may charge against any deposit account of Cavalier Acceptance all or any part of any amount due hereunder.
Payment to Lender. If, pursuant to this Section, a Town Body acquires the portion of the Project Site comprised of the Mixed-Use Parcel, then all amounts paid by the Town Bodies shall be applied first to amounts overdue and owing to the Project Lender, and the Town Bodies may elect to pay such amounts directly to Project Lender.
Payment to Lender. All sums payable to Lender shall be paid directly to Lender in immediately available funds. Lender shall send Borrower monthly statements of all amounts due, which statements shall be considered correct and conclusively binding on Borrower unless Borrower notifies Lender to the contrary within sixty (60) days of its receipt of any statement that it deems to be incorrect.
Payment to Lender. 13 3.8 Use of Proceeds .................................. 13 3.9 [Intentionally Omitted] .......................... 13 3.10 [Intentionally Omitted] .......................... 13
Payment to Lender. In the event Lender completes the Improvements, the Borrower expressly agrees to pay to the Lender, upon demand, all amounts that may be disbursed in completing the Improvements, together with reasonable compensation to the Lender for extra services rendered by it in completing the Improvements in excess of the aggregate Loan amount, and agrees that such excess sum shall be secured by the lien of the Lender's Mortgage if said excess sum shall not be paid immediately upon demand or arrangements satisfactory to the Lender made for the payment thereof, the Lender may declare the Mortgage immediately due and payable and may proceed to foreclose the same, for said excess sum and for the principal sum then remaining unpaid under the Note.
