Common use of Payments; Application of Payments; Debit of Accounts Clause in Contracts

Payments; Application of Payments; Debit of Accounts. (a) All payments to be made by Borrower under any Loan Document shall be made in immediately available funds in Dollars, without setoff or counterclaim, before 12:00 p.m. Pacific time on the date when due. Payments of principal and/or interest received after 12:00 p.m. Pacific time are considered received at the opening of business on the next Business Day. When a payment is due on a day that is not a Business Day, the payment shall be due the next Business Day, and additional fees or interest, as applicable, shall continue to accrue until paid. All payments to be made by Borrower hereunder or under any other Loan Document, including payments of principal and interest, and all fees, expenses, indemnities and reimbursements, shall be made without set-off, recoupment or counterclaim, in lawful money of the United States and in immediately available funds. (b) Collateral Agent has the exclusive right to determine the order and manner in which all payments with respect to the Obligations may be applied. Borrower shall have no right to specify the order or the accounts to which a Lender shall allocate or apply any payments required to be made by Borrower to a Lender or otherwise received by a Lender under this Agreement when any such allocation or application is not specified elsewhere in this Agreement. (c) Collateral Agent may debit any of Borrower’s deposit accounts, including the Designated Deposit Account, for principal and interest payments or any other amounts Borrower owes Collateral Agent when due. These debits shall not constitute a set-off.

Payments; Application of Payments; Debit of Accounts. (a) All payments (including prepayments) to be made by Borrower under any Loan Document shall be made in immediately available funds in Dollars, without setoff or counterclaim, before 12:00 p.m. Pacific time on the date when due. Payments of principal and/or interest received after 12:00 p.m. Pacific time are considered received at the opening of business on the next Business Day. When a payment is due on a day that is not a Business Day, the payment shall be due the next Business Day, and additional fees or interest, as applicable, shall continue to accrue until paid. All payments to be made by Borrower hereunder or under any other Loan Document, including payments of principal and interest, and all fees, expenses, indemnities and reimbursements, shall be made without set-off, recoupment or counterclaim, in lawful money of the United States and in immediately available funds. (b) Collateral Agent Subject to Section 9.4 of this Agreement, Bank has the exclusive right to determine in its good faith business judgment (with consideration of Borrower’s requests) the order and manner in which all payments with respect to the Obligations may be applied. Borrower shall have no right to specify the order or the accounts to which a Lender Bank shall allocate or apply any payments required to be made by Borrower to a Lender Bank or otherwise received by a Lender Bank under this Agreement when any such allocation or application is not specified elsewhere in this Agreement. (c) Collateral Agent Bank may debit any of Borrower’s deposit accounts, including the Designated Deposit Account, for principal and interest payments or any other amounts Borrower owes Collateral Agent Bank when due. These debits shall not constitute a set-off.

Payments; Application of Payments; Debit of Accounts. (a) All payments to be made by Borrower under any Loan Document shall be made in immediately available funds in Dollars, without setoff or counterclaim, before 12:00 p.m. Pacific time on the date when due. Payments of principal and/or interest received after 12:00 p.m. Pacific time are considered received at the opening of business on the next Business Day. When a payment is due on a day that is not a Business Day, the payment shall be due the next Business Day, and additional fees or interest, as applicable, shall continue to accrue until paid. All payments to be made by Borrower hereunder or under any other Loan Document, including payments of principal and interest, and all fees, expenses, indemnities and reimbursements, shall be made without set-off, recoupment or counterclaim, in lawful money of the United States and in immediately available funds. (b) Collateral Agent Bank has the exclusive right to determine the order and manner in which all payments with respect to the Obligations may be applied, and provided that no Event of Default has occurred and is continuing, Bank shall apply payments received to the Obligations then due and owing. Borrower shall have no right to specify the order or the accounts to which a Lender Bank shall allocate or apply any payments required to be made by Borrower to a Lender Bank or otherwise received by a Lender Bank under this Agreement when any such allocation or application is not specified elsewhere in this Agreement. (c) Collateral Agent Bank may debit any of Borrower’s deposit accounts, including the Designated Deposit Account, for principal (including the Term Loan PIK Amount) and interest payments or any other amounts Borrower owes Collateral Agent Bank when due. These debits shall not constitute a set-off.

Payments; Application of Payments; Debit of Accounts. (a) All payments to be made by Borrower under any Loan Document shall be made in immediately available funds in Dollars, without setoff or counterclaim, before 12:00 p.m. Pacific time on the date when due. Payments of principal and/or interest received after 12:00 p.m. Pacific time are considered received at the opening of business on the next Business Day. When a payment is due on a day that is not a Business Day, the payment shall be due the next Business Day, and additional fees or interest, as applicable, shall continue to accrue until paid. All payments to be made by Borrower hereunder or under any other Loan Document, including payments of principal and interest, and all fees, expenses, indemnities and reimbursements, shall be made without set-off, recoupment or counterclaim, in lawful money of the United States and in immediately available funds. (b) Collateral Agent has and the Lenders have the exclusive right to determine the order and manner in which all payments with respect to the Obligations may be applied. Borrower shall have no right to specify the order or the accounts to which a Collateral Agent or any Lender shall allocate or apply any payments required to be made by Borrower to a Lender Collateral Agent and the Lenders or otherwise received by a Collateral Agent or any Lender under this Agreement when any such allocation or application is not specified elsewhere in this Agreement. (c) Collateral Agent and each Lender may debit any of Borrower’s deposit accounts, including the Designated Deposit Account, for principal and interest payments or any other amounts Borrower owes Collateral Agent or any Lender when due. These debits shall not constitute a set-off.

Payments; Application of Payments; Debit of Accounts. (a) All payments to be made by Borrower under any Loan Document shall be made in immediately available funds in Dollars, without setoff or counterclaim, before 12:00 p.m. Pacific time on the date when due. Payments of principal and/or interest received after 12:00 p.m. Pacific time are considered received at the opening of business on the next Business Day. When a payment is due on a day that is not a Business Day, the payment shall be due the next Business Day, and additional fees or interest, as applicable, shall continue to accrue until paid. All payments to be made by Borrower hereunder or under any other Loan Document, including payments of principal and interest, and all fees, expenses, indemnities and reimbursements, shall be made without set-off, recoupment or counterclaim, in lawful money of the United States and in immediately available funds. (b) Collateral Agent Prior to the occurrence of an Event of Default, payments will be applied as directed by Borrower. Upon and after the occurrence of an Event of Default, Bank has the exclusive right to determine the order and manner in which all payments with respect to the Obligations may be applied. applied and Borrower shall have no right to specify the order or the accounts to which a Lender Bank shall allocate or apply any payments required to be made by Borrower to a Lender Bank or otherwise received by a Lender Bank under this Agreement when any such allocation or application is not specified elsewhere in this Agreement. (c) Collateral Agent Bank may debit any of Borrower’s deposit accounts, including the Designated Deposit Account, for principal and interest payments or any other amounts Borrower owes Collateral Agent Bank when due. These debits shall not constitute a set-off.

Payments; Application of Payments; Debit of Accounts. (a) All payments to be made by Borrower under any Loan Document shall be made in immediately available funds in Dollars, without setoff or counterclaim, before 12:00 p.m. Pacific time on the date when due. Payments of principal and/or interest received after 12:00 p.m. Pacific time are considered received at the opening of business on the next Business Day. When a payment is due on a day that is not a Business Day, the payment shall be due the next Business Day, and additional fees or interest, as applicable, shall continue to accrue until paid. All payments to be made by Borrower hereunder or under any other Loan Document, including payments of principal and interest, and all fees, expenses, indemnities and reimbursements, shall be made without set-off, recoupment or counterclaim, in lawful money of the United States and in immediately available funds. (b) Collateral Agent Bank has the exclusive right to determine the order and manner in which all payments with respect to the Obligations may be applied. Borrower shall have no right to specify the order or the accounts to which a Lender Bank shall allocate or apply any payments required to be made by Borrower to a Lender Bank or otherwise received by a Lender Bank under this Agreement when any such allocation or application is not specified elsewhere in this Agreement. (c) Collateral Agent Bank may debit any of Borrower’s deposit accounts, including the Designated Deposit Account, for principal and interest payments or any other amounts Borrower owes Collateral Agent Bank when due. Bank shall make commercially reasonable efforts to promptly notify Borrower after it debits Borrower’s accounts; provided, however, that any failure by Bank to provide Borrower with such notice shall not affet Bank's rights hereunder. These debits shall not constitute a set-off.

Payments; Application of Payments; Debit of Accounts. (a) All Except as otherwise provided herein, all payments (including prepayments) to be made by Borrower under any Loan Document shall be made in immediately available funds in Dollars, without setoff setoff, counterclaim, or counterclaimdeduction, before 12:00 p.m. Pacific time on the date when due. Payments of principal and/or interest received after 12:00 p.m. Pacific time are considered received at the opening of business on the next Business Day. When a payment is due on a day that is not a Business Day, the payment shall be due the next Business Day, and additional fees or interest, as applicable, shall continue to accrue until paid. All payments to be made by Borrower hereunder or under any other Loan Document, including payments of principal and interest, and all fees, expenses, indemnities and reimbursements, shall be made without set-off, recoupment or counterclaim, in lawful money of the United States and in immediately available funds. (b) Collateral Agent Bank has the exclusive right in its commercially reasonable discretion to determine the order and manner in which all payments with respect to the Obligations may be applied. Borrower shall have no right to specify the order or the accounts to which a Lender Bank shall allocate or apply any payments required to be made by Borrower to a Lender Bank or otherwise received by a Lender Bank under this Agreement when any such allocation or application is not specified elsewhere in this Agreement. (c) Collateral Agent Bank shall debit, first, the Designated Deposit Account, and if there are insufficient funds in the Designated Deposit Account, then Bank may debit any of Borrower’s other deposit accountsaccounts maintained with Bank, including the Designated Deposit Account, for principal and interest payments or any other amounts Borrower owes Collateral Agent Bank when duedue under the Loan Documents. These debits shall not constitute a set-off.

Payments; Application of Payments; Debit of Accounts. (a) All payments (including prepayments) to be made by Borrower Co-Borrowers under any Loan Document shall be made in immediately available funds in Dollars, without setoff or counterclaim, before 12:00 p.m. Pacific time on the date when due. Payments of principal and/or interest received after 12:00 p.m. Pacific time are considered received at the opening of business on the next Business Day. When a payment is due on a day that is not a Business Day, the payment shall be due the next Business Day, and additional fees or interest, as applicable, shall continue to accrue until paid. All payments to be made by Borrower hereunder or under any other Loan Document, including payments of principal and interest, and all fees, expenses, indemnities and reimbursements, shall be made without set-off, recoupment or counterclaim, in lawful money of the United States and in immediately available funds. (b) Collateral Agent Bank has the exclusive right to determine the order and manner in which all payments with respect to the Obligations may be appliedapplied while an Event of Default exists. Borrower If no Event of Default exists, Co-Borrowers shall have no the right to specify the order or the accounts to which a Lender Bank shall allocate or apply any payments required to be made by Borrower Co-Borrowers to a Lender Bank or otherwise received by a Lender Bank under this Agreement when any such allocation or application is not specified elsewhere in this Agreement. (c) Collateral Agent Bank may debit any of Borrower’s Co-Borrowers’ deposit accounts, including the Designated Deposit Account, for principal and interest payments or any other amounts Borrower owes Collateral Agent Co-Borrowers owe Bank when due. These debits shall not constitute a set-off.

Payments; Application of Payments; Debit of Accounts. [†] DESIGNATES PORTIONS OF THIS DOCUMENT THAT HAVE BEEN OMITTED PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT FILED SEPARATELY WITH THE COMMISSION (a) All payments to be made by Borrower under any Loan Document shall be made in immediately available funds in Dollars, without setoff or counterclaim, before 12:00 p.m. Pacific time on the date when due. Payments of principal and/or interest received after 12:00 p.m. Pacific time are considered received at the opening of business on the next Business Day. When a payment is due on a day that is not a Business Day, the payment shall be due the next Business Day, and additional fees or interest, as applicable, shall continue to accrue until paid. All payments to be made by Borrower hereunder or under any other Loan Document, including payments of principal and interest, and all fees, expenses, indemnities and reimbursements, shall be made without set-off, recoupment or counterclaim, in lawful money of the United States and in immediately available funds. (b) Collateral Agent Bank has the exclusive right to determine the order and manner in which all payments with respect to the Obligations may be applied. Borrower shall have no right to specify the order or the accounts to which a Lender Bank shall allocate or apply any payments required to be made by Borrower to a Lender Bank or otherwise received by a Lender Bank under this Agreement when any such allocation or application is not specified elsewhere in this Agreement. (c) Collateral Agent Bank may debit any of Borrower’s deposit accounts, including the Designated Deposit Account, for principal and interest payments or any other amounts Borrower owes Collateral Agent Bank when due. These debits shall not constitute a set-off.

Payments; Application of Payments; Debit of Accounts. (a) All payments to be made by Borrower under any Loan Document shall be made in immediately available funds in Dollars, without setoff or counterclaim, before 12:00 p.m. Pacific time on the date when due. Payments of principal and/or interest received after 12:00 p.m. Pacific time are considered received at the opening of business on the next Business Day. When a payment is due on a day that is not a Business Day, the payment shall be due the next Business Day, and additional fees or interest, as applicable, shall continue to accrue until paid. All payments [****] Certain information has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to be made by Borrower hereunder or under any other Loan Document, including payments of principal and interest, and all fees, expenses, indemnities and reimbursements, shall be made without set-off, recoupment or counterclaim, in lawful money of the United States and in immediately available fundsomitted portions. (b) Collateral Agent Bank has the exclusive right to determine the order and manner in which all payments with respect to the Obligations may be applied. Borrower shall have no right to specify the order or the accounts to which a Lender Bank shall allocate or apply any payments required to be made by Borrower to a Lender Bank or otherwise received by a Lender Bank under this Agreement when any such allocation or application is not specified elsewhere in this Agreement. (c) Collateral Agent Bank may debit any of Borrower’s deposit accounts, including the Designated Deposit Account, for principal and interest payments or any other amounts Borrower owes Collateral Agent Bank when due. These debits shall not constitute a set-off.