Common use of Payments; Application Clause in Contracts

Payments; Application. All payment to be made hereunder by any Guarantor shall be made in lawful money of the United States of America at the time of payment, shall be made in immediately available funds, and shall be made without setoff, deduction (whether for Taxes or otherwise) or counterclaim. All payments made by any Guarantor hereunder shall be applied as follows: first, to all reasonable costs and expenses (including attorneys’ fees) incurred by Beneficiaries in enforcing this Guaranty or in collecting the Guarantied Obligations; second, to all accrued and unpaid interest, premium, if any, and fees owing to Beneficiaries constituting Guarantied Obligations; and third, to the balance of the Guarantied Obligations.

Appears in 9 contracts

Samples: Assignment and Assumption (Cheesecake Factory Inc), Assignment and Assumption (Cheesecake Factory Inc), Credit Agreement (McClatchy Co)

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Payments; Application. All payment payments to be made hereunder by any Guarantor shall be made in lawful money of the United States of America at the time of payment, shall be made in immediately available funds, and shall be made without setoff, deduction (whether for Taxes taxes or otherwise) or counterclaimoffset. All payments made by any Guarantor hereunder shall be applied as follows: first, to all reasonable costs and expenses (including attorneys' fees) incurred by Beneficiaries Foothill in enforcing this Guaranty or in collecting the Guarantied Guaranteed Obligations; second, to all accrued and unpaid interest, premium, if any, and fees owing to Beneficiaries Foothill constituting Guarantied Guaranteed Obligations; and third, to the balance of the Guarantied Guaranteed Obligations.

Appears in 9 contracts

Samples: Continuing Guaranty (Bpi Packaging Technologies Inc), Continuing Guaranty (Leisure Time Casinos & Resorts Inc), Continuing Guaranty (Bpi Packaging Technologies Inc)

Payments; Application. All payment payments to be made hereunder by any Guarantor shall be made in lawful money of the United States of America at the time of payment, shall be made in immediately available funds, and shall be made without setoff, deduction (whether for Taxes taxes or otherwise) or counterclaimoffset. All payments made by any Guarantor hereunder shall be applied as follows: first, to all reasonable costs and expenses (including reasonable attorneys’ feesfees and expenses incurred pursuant to proceedings arising under the Bankruptcy Code) incurred by Beneficiaries Lender in enforcing this Guaranty or in collecting the Guarantied Guaranteed Obligations; second, to all accrued and unpaid interest, premium, if any, and fees owing to Beneficiaries Lender constituting Guarantied Guaranteed Obligations; and third, to the balance of the Guarantied Guaranteed Obligations.

Appears in 6 contracts

Samples: Contribution Agreement (MHI Hospitality CORP), Contribution Agreement (MHI Hospitality CORP), Contribution Agreement (MHI Hospitality CORP)

Payments; Application. All payment to be made hereunder by any Guarantor shall be made in lawful money of the United States of America at the time of payment, shall be made in immediately available funds, and shall be made without setoff, deduction (whether for Taxes or otherwise) or counterclaim. All payments made by any Guarantor hereunder shall be applied as follows: first, to all reasonable costs and expenses (including attorneys’ fees) incurred by Beneficiaries Secured Parties in enforcing this Guaranty or in collecting the Guarantied Obligations; second, to all accrued and unpaid interest, premium, if any, and fees owing to Beneficiaries Secured Parties constituting Guarantied Obligations; and third, to the balance of the Guarantied Obligations.

Appears in 3 contracts

Samples: Security Agreement (Deckers Outdoor Corp), Security Agreement (Deckers Outdoor Corp), Security Agreement (Deckers Outdoor Corp)

Payments; Application. All payment payments to be made hereunder by any Guarantor shall be made in lawful money of the United States of America at the time of payment, shall be made in immediately available funds, and shall be made without setoff, deduction (whether for Taxes taxes or otherwise) or counterclaimoffset. All payments made by any Guarantor hereunder shall be applied as follows: first, to all reasonable costs and expenses (including attorneys' fees) incurred by Beneficiaries in enforcing this Guaranty or in collecting the Guarantied Obligations; second, to all accrued and unpaid interest, premium, if any, and fees owing to Beneficiaries constituting Guarantied Obligations; and third, to the balance of the Guarantied Obligations.

Appears in 3 contracts

Samples: Credit Agreement (Century Casinos Inc /Co/), Credit Agreement (Century Casinos Inc), General Continuing Guaranty (Monarch Casino & Resort Inc)

Payments; Application. All payment payments to be made hereunder by any Guarantor shall be made in lawful money of the United States of America at the time of payment, shall be made in immediately available funds, and shall be made without setoff, deduction (whether for Taxes taxes or otherwise) or counterclaimoffset. All payments made by any Guarantor hereunder shall be applied as follows: first, to all reasonable costs and expenses (including attorneys’ fees) incurred by Beneficiaries Bank in enforcing this Guaranty or in collecting the Guarantied Guaranteed Obligations; second, to all accrued and unpaid interest, premium, if any, and fees owing to Beneficiaries Bank constituting Guarantied Guaranteed Obligations; and third, to the balance of the Guarantied Guaranteed Obligations.

Appears in 2 contracts

Samples: Continuing Guaranty (Cherokee Inc), Continuing Guaranty (Cherokee Inc)

Payments; Application. All payment payments to be made hereunder by any Guarantor shall be made in lawful money of the United States of America at the time of payment, shall be made in immediately available funds, and shall be made without setoff, deduction (whether for Taxes taxes or otherwise) or counterclaimoffset. All payments made by any Guarantor hereunder shall be applied as follows: first, to all reasonable costs and expenses (including attorneys’ attorneys fees) incurred by Beneficiaries the Holders in enforcing this Guaranty or in collecting the Guarantied Obligations; second, to all accrued and unpaid interest, premium, if any, and fees owing to Beneficiaries the Holders constituting Guarantied Obligations; and third, to the balance of the Guarantied Obligations.

Appears in 2 contracts

Samples: Rescission, Restructuring and Assignment Agreement (Integrated Healthcare Holdings), Payment Agreement (Chaudhuri Kali P)

Payments; Application. All payment payments to be made hereunder by any Guarantor shall be made in lawful money of the United States of America at the time of payment, shall be made in immediately available funds, and shall be made without setoff, deduction (whether for Taxes taxes or otherwise) or counterclaimoffset. All payments made by any Guarantor hereunder shall be applied as follows: first, to all reasonable costs and expenses (including attorneys’ reasonable attorneys fees) incurred by Beneficiaries the Lender Group in enforcing this Guaranty or in collecting the Guarantied Obligations; second, to all accrued and unpaid interest, premium, if any, and fees owing to Beneficiaries the Lender Group constituting Guarantied Obligations; and third, to the balance of the Guarantied Obligations.

Appears in 2 contracts

Samples: General Continuing (Hudson Respiratory Care Inc), General Continuing (Hudson Respiratory Care Inc)

Payments; Application. All payment payments to be made hereunder by any Guarantor shall be made in lawful money of the United States of America at the time of payment, shall be made in immediately available funds, and shall be made without setoff, deduction (whether for Taxes taxes or otherwise) or counterclaimoffset. All payments made by any Guarantor hereunder shall be applied as follows: first, to all reasonable costs and expenses (including attorneys’ attorneys fees) incurred by Beneficiaries the Lender Group in enforcing this Guaranty or in collecting the Guarantied Obligations; second, to all accrued and unpaid interest, premium, if any, and fees owing to Beneficiaries the Lender Group constituting Guarantied Obligations; and third, to the balance of the Guarantied Obligations.

Appears in 2 contracts

Samples: Financing Agreement (Gart Sports Co), General Continuing Guaranty (Star Telecommunications Inc)

Payments; Application. All payment payments to be made hereunder by any Guarantor shall be made in lawful money of the United States of America at the time of payment, shall be made in immediately available funds, and shall be made without setoff, deduction (whether for Taxes taxes or otherwise) or counterclaimof offset. All payments made by any Guarantor hereunder shall be applied as follows: ; first, to all reasonable costs cost and expenses (including attorneys’ including, but not limited to, reasonable attorney’s fees, expenses and court costs) incurred by Beneficiaries Owner in enforcing this Guaranty or in collecting the Guarantied Guaranteed Obligations; second, to all accrued and unpaid interest, premium, if any, interest and fees owing to Beneficiaries Owner constituting Guarantied Guaranteed Obligations, if any; and third, to the balance of the Guarantied Guaranteed Obligations.

Appears in 2 contracts

Samples: Development Management Agreement (Liberty Property Limited Partnership), Development Management Agreement (Liberty Property Limited Partnership)

Payments; Application. All payment payments to be made hereunder by any Guarantor shall be made in lawful money of the United States of America at the time of payment, shall be made in immediately available funds, and shall be made without setoff, deduction (whether for Taxes taxes or otherwise) or counterclaimoffset. All payments made by any Guarantor hereunder shall be applied as follows: first, to all reasonable costs and expenses (including attorneys’ attorneys fees) incurred by Beneficiaries the Lender in enforcing this Guaranty or in collecting the Guarantied Obligations; second, to all accrued and unpaid interest, premium, if any, and fees owing to Beneficiaries the Lender constituting Guarantied Obligations; and third, to the balance of the Guarantied Obligations.

Appears in 1 contract

Samples: Suretyship Agreement (Hall Kinion & Associates Inc)

Payments; Application. All payment payments to be made hereunder by any Guarantor shall be made in lawful money of the United States of America at the time of payment, shall be made in immediately available funds, and shall be made without setoff, deduction (whether for Taxes taxes or otherwise) or counterclaimoffset. All payments made by any Guarantor hereunder shall be applied as follows: first, to all reasonable costs and expenses (including attorneys' fees) incurred by Beneficiaries Agent and Lenders in enforcing this Guaranty or in collecting the Guarantied Guaranteed Obligations; second, to all accrued and unpaid interest, premium, if any, and fees owing to Beneficiaries Agent and Lenders constituting Guarantied Guaranteed Obligations; and third, to the balance of the Guarantied Guaranteed Obligations.

Appears in 1 contract

Samples: Midway Games Inc

Payments; Application. All payment payments to be made hereunder by any Guarantor --------------------- shall be made in lawful money of the United States of America at the time of payment, shall be made in immediately available funds, and shall be made without setoff, deduction (whether for Taxes taxes or otherwise) or counterclaimoffset. All payments made by any Guarantor hereunder shall be applied as follows: first, to all reasonable costs and expenses (including reasonable attorneys' fees) incurred by Beneficiaries the Lender Group in enforcing this Guaranty or in collecting the Guarantied Obligations; second, to all accrued and unpaid interest, premium, if any, and fees owing to Beneficiaries the Lender Group constituting Guarantied Obligations; and third, to the balance of the Guarantied Obligations.

Appears in 1 contract

Samples: Learningstar Corp

Payments; Application. All payment to be made hereunder by any Guarantor shall be made in lawful money of the United States of America at the time of payment, shall be made in immediately available funds, and shall be made without setoff, deduction (whether for Taxes or otherwise) or counterclaim. All payments made by any Guarantor hereunder shall be applied as follows: first, to all reasonable costs and expenses (including attorneys’ fees) incurred by the Beneficiaries in enforcing this Guaranty or in collecting the Guarantied Obligations; second, to all accrued and unpaid interest, premium, if any, and fees owing to the Beneficiaries constituting Guarantied Obligations; and third, to the balance of the Guarantied Obligations.

Appears in 1 contract

Samples: Guaranty (Global Cash Access Holdings, Inc.)

Payments; Application. All payment payments to be made hereunder by any Guarantor Guarantors shall be made in lawful money of the United States of America at the time of payment, shall be made in immediately available funds, and shall be made without setoff, deduction (whether for Taxes taxes or otherwise) or counterclaimoffset. All payments made by any Guarantor Guarantors hereunder shall be applied as follows: first, to all reasonable costs and expenses (including attorneys' fees) incurred by Beneficiaries in enforcing this Guaranty or in collecting the Guarantied Obligations; second, to all accrued and unpaid interest, premium, if any, and fees owing to Beneficiaries constituting Guarantied Obligations; and third, to the balance of the Guarantied Obligations.

Appears in 1 contract

Samples: Construction and Reducing Revolving Credit Agreement (Monarch Casino & Resort Inc)

Payments; Application. All payment payments to be made hereunder by any Guarantor shall be made in lawful money of the United States of America at the time of payment, shall be made in immediately available funds, and shall be made without setoff, deduction (whether for Taxes taxes or otherwise) or counterclaimoffset. All payments made by any Guarantor hereunder shall be applied as follows: first, to all reasonable costs and expenses (including attorneys’ fees) incurred by Beneficiaries Lender in enforcing this Guaranty or in collecting the Guarantied Guaranteed Obligations; second, to all accrued and unpaid interest, premium, if any, and fees owing to Beneficiaries Lender constituting Guarantied Guaranteed Obligations; and third, to the balance of the Guarantied Guaranteed Obligations.

Appears in 1 contract

Samples: Continuing Guaranty (Midway Games Inc)

Payments; Application. All payment payments to be made hereunder by any Guarantor Guarantors shall be made in lawful money of the United States of America at the time of payment, shall be made in immediately available funds, and shall be made without setoff, deduction (whether for Taxes taxes or otherwise) or counterclaimoffset. All payments made by any Guarantor Guarantors hereunder shall be applied as follows: first, to all reasonable costs and expenses (including attorneys' fees) incurred by Beneficiaries Beneficiary in enforcing this Guaranty or in collecting the Guarantied Obligations; second, to all accrued and unpaid interest, premium, if any, and fees owing to Beneficiaries Beneficiary constituting Guarantied Obligations; and third, to the balance of the Guarantied Obligations.

Appears in 1 contract

Samples: Term Loan Agreement (Monarch Casino & Resort Inc)

Payments; Application. All payment payments to be made hereunder by any Guarantor to Agent shall be made in lawful money of the United States of America at the time of payment, shall be made in immediately available funds, and shall be made without setoff, deduction (whether for Taxes taxes or otherwise) or counterclaimoffset. All payments made by any Guarantor hereunder shall be applied as follows: first, to all reasonable costs and expenses (including attorneys’ reasonable attorneys fees) incurred by Beneficiaries the Lender Group or the Bank Product Providers in enforcing this Guaranty or in collecting the Guarantied Obligations; second, to all accrued and unpaid interest, premium, if any, and fees owing to Beneficiaries the Lender Group or the Bank Product Providers constituting Guarantied Obligations; and third, to the balance of the Guarantied Obligations.

Appears in 1 contract

Samples: General Continuing Guaranty (GXS Corp)

Payments; Application. All payment payments to be made hereunder by any Guarantor shall be made in lawful money of the United States of America at the time of payment, shall be made in immediately available funds, and shall be made without setoff, deduction (whether for Taxes taxes or otherwise) or counterclaimoffset. All payments made by any Guarantor hereunder shall be applied as follows: first, to all reasonable costs and expenses (including attorneys’ reasonable attorneys fees) incurred by Beneficiaries Sellers in enforcing this Guaranty Guarantee or in collecting the Guarantied Guaranteed Obligations; second, to all accrued and unpaid interest, premium, if any, and fees owing to Beneficiaries Sellers constituting Guarantied Guaranteed Obligations; and third, to the balance of the Guarantied Guaranteed Obligations.

Appears in 1 contract

Samples: Guarantee (Weider Nutrition International Inc)

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Payments; Application. All payment payments to be made hereunder by any Guarantor shall be made in lawful money of the United States of America at the time of payment, shall be made in immediately available funds, and shall be made without setoff, deduction (whether for Taxes taxes or otherwise) or counterclaimoffset. All payments made by any Guarantor hereunder shall be applied as follows: first, to all reasonable costs and expenses (including attorneys’ reasonable attorneys fees) incurred by Beneficiaries Lender or the Bank Product Providers in enforcing this Guaranty or in collecting the Guarantied Obligations; second, to all accrued and unpaid interest, premium, if any, and fees owing to Beneficiaries Lender or the Bank Product Providers constituting Guarantied Obligations; and third, to the balance of the Guarantied Obligations.

Appears in 1 contract

Samples: General Continuing Guaranty (Mortons Restaurant Group Inc)

Payments; Application. All payment payments to be made hereunder by any Guarantor shall be made in lawful money of the United States of America at the time of payment, shall be made in immediately available funds, and shall be made without setoff, deduction (whether for Taxes taxes or otherwise) or counterclaimoffset. All payments made by any Guarantor hereunder shall be applied as follows: first, to all reasonable costs and expenses (including reasonable attorneys’ fees) incurred by Beneficiaries Xxxxxx in enforcing this Guaranty or in collecting the Guarantied Guaranteed Obligations; second, to all accrued and unpaid interest, premium, if any, and fees owing to Beneficiaries Lender constituting Guarantied Guaranteed Obligations; and third, to the balance of the Guarantied Guaranteed Obligations.

Appears in 1 contract

Samples: Continuing Guaranty (Siebert Financial Corp)

Payments; Application. All payment payments to be made hereunder by any --------------------- Guarantor shall be made in lawful money of the United States of America at the time of payment, shall be made in immediately available funds, and shall be made without setoff, deduction (whether for Taxes taxes or otherwise) or counterclaimoffset. All payments made by any Guarantor hereunder shall be applied as follows: first, to all reasonable costs and expenses (including attorneys' fees) incurred by Beneficiaries Foothill in enforcing this Guaranty or in collecting the Guarantied Guaranteed Obligations; second, to all accrued and unpaid interest, premium, if any, and fees owing to Beneficiaries Foothill constituting Guarantied Guaranteed Obligations; and third, to the balance of the Guarantied Guaranteed Obligations.

Appears in 1 contract

Samples: Global Sports Inc

Payments; Application. All payment payments to be made hereunder by any Guarantor to Lender shall be made in lawful money of the United States of America at the time of payment, shall be made in immediately available funds, and shall be made without setoff, deduction (whether for Taxes taxes or otherwise) or counterclaimoffset. All payments made by any Guarantor hereunder shall be applied as follows: first, to all reasonable costs and expenses (including attorneys’ reasonable attorneys fees) incurred by Beneficiaries Lender in enforcing this Guaranty or in collecting the Guarantied Obligations; second, to all accrued and unpaid interest, premium, if any, and fees owing to Beneficiaries Lender constituting Guarantied Obligations; and third, to the balance of the Guarantied Obligations.

Appears in 1 contract

Samples: General Continuing Guaranty (Shoe Pavilion Inc)

Payments; Application. All payment payments to be made hereunder by any Guarantor shall be made in lawful money of the United States of America at the time of payment, shall be made in immediately available funds, and shall be made without setoff, deduction (whether for Taxes taxes or otherwise) or counterclaimoffset. All payments made by any Guarantor hereunder shall be applied as follows: first, to all reasonable costs and expenses (including attorneys’ reasonable attorneys fees) incurred by Beneficiaries Lender in enforcing this Guaranty or in collecting the Guarantied Obligations; second, to all accrued and unpaid interest, premium, if any, and fees owing to Beneficiaries Lender constituting Guarantied Obligations; and third, to the balance of the Guarantied Obligations.

Appears in 1 contract

Samples: Schlotzskys Inc

Payments; Application. All payment payments to be made hereunder by any Guarantor Guarantors shall be made in lawful money of the United States of America at the time of payment, shall be made in immediately available funds, and shall be made without setoff, deduction (whether for Taxes taxes or otherwise) or counterclaimoffset. All payments made by any Guarantor Guarantors hereunder shall be applied as follows: first, to all reasonable costs and expenses (including attorneys' fees) incurred by Beneficiaries Beneficiary in enforcing this Subsidiary Guaranty or in collecting the Guarantied Guaranteed Obligations; second, to all accrued and unpaid interest, premium, if any, and fees owing to Beneficiaries Beneficiary constituting Guarantied Guaranteed Obligations; and third, to the balance of the Guarantied Guaranteed Obligations.

Appears in 1 contract

Samples: Credit Agreement (Herbst Gaming Inc)

Payments; Application. All payment to be made hereunder by any Guarantor shall be made in lawful money of the United States of America at the time of payment, shall be made in immediately available funds, and shall be made without setoff, deduction (whether for Taxes or otherwise) or counterclaim. All payments made by any Guarantor hereunder shall be applied as follows: first, to all reasonable costs and expenses (including attorneys’ fees) incurred by Beneficiaries in enforcing this Guaranty or in collecting the Guarantied Guaranteed Obligations; second, to all accrued and unpaid interest, premium, if any, and fees owing to Beneficiaries constituting Guarantied Guaranteed Obligations; and third, to the balance of the Guarantied Guaranteed Obligations.

Appears in 1 contract

Samples: Members’ Guaranty (OCM HoldCo, LLC)

Payments; Application. All payment payments to be made hereunder by any --------------------- Guarantor shall be made in lawful money of the United States of America at the time of payment, shall be made in immediately available funds, and shall be made without setoff, deduction (whether for Taxes taxes or otherwise) or counterclaimoffset. All payments made by any Guarantor hereunder shall be applied as follows: first, to all reasonable costs and expenses (including attorneys’ attorneys fees) incurred by Beneficiaries the Lender Group in enforcing this Guaranty or in collecting the Guarantied Obligations; second, to all accrued and unpaid interest, premium, if any, and fees owing to Beneficiaries the Lender Group constituting Guarantied Obligations; and third, to the balance of the Guarantied Obligations.

Appears in 1 contract

Samples: General Continuing Guaranty (Gart Sports Co)

Payments; Application. All payment payments to be made hereunder by any Guarantor shall be made in lawful money of the United States of America at the time of payment, shall be made in immediately available funds, and shall be made without setoff, deduction (whether for Taxes taxes or otherwise) or counterclaimoffset. All Subject to the provisions of Section 20 below, all payments made by any Guarantor hereunder shall be applied as follows: first, to all reasonable costs and expenses (including attorneys' fees) incurred by Beneficiaries Foothill in enforcing this Guaranty or in collecting the Guarantied Obligations; second, to all accrued and unpaid interest, premium, if any, and fees owing to Beneficiaries Foothill constituting Guarantied Guaranteed Obligations; and third, to the balance of the Guarantied Guaranteed Obligations.

Appears in 1 contract

Samples: Loan and Security Agreement (Bollinger Industries Inc)

Payments; Application. All payment payments to be made hereunder by any Guarantor shall be made in lawful money of the United States of America at the time of payment, shall be made in immediately available funds, and shall be made without setoff, deduction (whether for Taxes taxes or otherwise) or counterclaimoffset. All payments made by any Guarantor hereunder shall be applied as follows: first, to all reasonable costs and expenses (including attorneys' fees) incurred by Beneficiaries PBC in enforcing this Guaranty or in collecting the Guarantied Guaranteed Obligations; second, to all accrued and unpaid interest, premium, if any, and fees owing to Beneficiaries PBC constituting Guarantied Guaranteed Obligations; and third, to the balance of the Guarantied Guaranteed Obligations.

Appears in 1 contract

Samples: Lee Pharmaceuticals

Payments; Application. All payment payments to be made hereunder by any Guarantor shall be made in lawful money of the United States of America at the time of payment, shall be made in immediately available funds, and shall be made without setoff, deduction (whether for Taxes taxes or otherwise) or counterclaimoffset. All payments made by any Guarantor hereunder shall be applied as follows: first, to all reasonable costs and expenses (including attorneys’ fees) incurred by Beneficiaries in enforcing this Guaranty or in collecting the Guarantied Obligations; second, to all accrued and unpaid interest, premium, if any, and fees owing to Beneficiaries constituting Guarantied Obligations; and third, to the balance of the Guarantied Obligations.

Appears in 1 contract

Samples: Credit Agreement (Monarch Casino & Resort Inc)

Payments; Application. All payment to be made hereunder by any Guarantor shall be made in lawful money of the United States of America at the time of payment, shall be made in immediately available funds, and shall be made without setoff, deduction (whether for Taxes or otherwise) or counterclaim. All payments made by any Guarantor hereunder shall be applied as follows: first, to all reasonable costs and expenses (including attorneys’ fees) incurred by the Beneficiaries in enforcing this Guaranty or in collecting the Guarantied Guaranteed Obligations; second, to all accrued and unpaid interest, premium, if any, and fees owing to the Beneficiaries constituting Guarantied Guaranteed Obligations; and third, to the balance of the Guarantied Guaranteed Obligations.

Appears in 1 contract

Samples: Guaranty (Global Cash Access Holdings, Inc.)

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