Common use of Payments; Application Clause in Contracts

Payments; Application. All payments to be made hereunder by --------------------- 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 deduction (whether for taxes or otherwise) or offset. All payments made by Guarantor hereunder shall be applied as follows: first, to all reasonable out-of-pocket costs and expenses (including reasonable attorneys fees) actually incurred by Guarantied Party in enforcing this Guaranty or in collecting the Guarantied Obligations; second, to all accrued and unpaid interest, premium, if any, and fees owing to Guarantied Party constituting Guarantied Obligations; and third, to the balance of the Guarantied Obligations.

Appears in 4 contracts

Samples: Koo Koo Roo Entertprises Inc, Family Restaurants, Family Restaurants

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Payments; Application. All payments to be made hereunder by --------------------- 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 deduction (whether for taxes or otherwise) or offset. All payments made by Guarantor hereunder shall be applied as follows: first, to all reasonable out-of-pocket costs and expenses (including reasonable attorneys fees) actually incurred by Guarantied Party in enforcing this Guaranty or in collecting the Guarantied Obligations; second, to all accrued and unpaid interest, premium, if any, and fees owing to Guarantied Party constituting Guarantied Obligations; and third, to the balance of the Guarantied Obligations.

Appears in 3 contracts

Samples: General Continuing Guaranty (Town & Country Corp), Loan and Security Agreement (Network Computing Devices Inc), Fitzgeralds Gaming Corp

Payments; Application. All payments to be made hereunder by --------------------- 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 deduction (whether for taxes or otherwise) or offset. All payments made by Guarantor hereunder shall be applied as follows: first, to all reasonable out-of-pocket costs and expenses (including reasonable attorneys fees) actually incurred by Guarantied Party in enforcing this Guaranty or in collecting the Guarantied Obligations; second, to all accrued and unpaid interest, premium, if any, and fees owing to Guarantied Party constituting Guarantied Obligations; and third, to the balance of the Guarantied Obligations.

Appears in 2 contracts

Samples: General Continuing (Family Restaurants), Family Restaurants

Payments; Application. All payments to be made hereunder by --------------------- 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 deduction (whether for taxes or otherwise) or offset. All payments made by Guarantor hereunder shall be applied as follows: first, to all reasonable out-of-pocket costs and expenses (including reasonable attorneys fees) actually incurred by Guarantied Party in enforcing this Guaranty or in collecting the Guarantied Obligations; second, to all accrued and unpaid interest, premium, if any, and fees owing to Guarantied Party constituting Guarantied Obligations; and third, to the balance of the Guarantied Obligations.

Appears in 2 contracts

Samples: Palm Inc, Palm Inc

Payments; Application. All payments to be made hereunder by --------------------- 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 deduction (whether for taxes or otherwise) or offset. All payments made by Guarantor hereunder shall be applied as follows: first, to all reasonable out-of-pocket costs and expenses (including reasonable attorneys fees) actually incurred by Guarantied Party on behalf of 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 Guarantied Party the Lender Group constituting Guarantied Obligations; and third, to the balance of the Guarantied Obligations.

Appears in 2 contracts

Samples: General Continuing Guaranty (Sm&a Corp), General Continuing Guaranty (Sm&a Corp)

Payments; Application. All payments to be made hereunder by --------------------- 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 deduction (whether for taxes or otherwise) or offset. All payments made by Guarantor hereunder shall be applied as follows: first, to all reasonable out-of-pocket costs and expenses (including reasonable attorneys fees) actually incurred by Guarantied Party on behalf of 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 Guarantied Party the Lender Group constituting Guarantied Obligations; and third, to the balance of the Guarantied Obligations.

Appears in 2 contracts

Samples: Sm&a Corp, Sm&a Corp

Payments; Application. All payments to be made hereunder by --------------------- 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 deduction (whether for taxes or otherwise) or offset. All payments made by Guarantor hereunder shall be applied as follows: first, to all reasonable out-of-pocket costs and expenses (including reasonable attorneys fees) actually incurred by Guarantied Party in enforcing this Guaranty or in collecting the Guarantied Obligations; second, to all accrued and unpaid interest, premium, if any, and fees owing to Guarantied Party constituting Guarantied Obligations; and third, to the balance of the Guarantied Obligations.

Appears in 1 contract

Samples: Security Agreement (QMS Inc)

Payments; Application. All payments to be made hereunder by --------------------- a 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 deduction (whether for taxes or otherwise) or offset. All payments made by a Guarantor hereunder shall be applied as follows: first, to all reasonable out-of-pocket costs and expenses (including reasonable attorneys fees) actually incurred by Guarantied Party in enforcing this Guaranty or in collecting the Guarantied Obligations; second, to all accrued and unpaid interest, premium, if any, and fees owing to Guarantied Party constituting Guarantied Obligations; and third, to the balance of the Guarantied Obligations.

Appears in 1 contract

Samples: Microstrategy Inc

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Payments; Application. All payments to be made hereunder by --------------------- each 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 deduction (whether for taxes or otherwise) or offset. All payments made by each Guarantor hereunder shall be applied as follows: first, to all reasonable out-of-pocket costs and expenses (including reasonable attorneys fees) actually incurred by Guarantied Party in enforcing this Guaranty or in collecting the Guarantied Obligations; second, to all accrued and unpaid interest, premium, if any, and fees owing to Guarantied Party constituting Guarantied Obligations; and third, to the balance of the Guarantied Obligations.

Appears in 1 contract

Samples: General Continuing Guaranty (Discovery Zone Inc)

Payments; Application. All payments to be made hereunder by a --------------------- 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 deduction (whether for taxes or otherwise) or offset. All payments made by a Guarantor hereunder shall be applied as follows: first, to all reasonable out-of-pocket costs and expenses (including reasonable attorneys fees) actually incurred by Guarantied Party in enforcing this Guaranty or in collecting the Guarantied Obligations; second, to all accrued and unpaid interest, premium, if any, and fees owing to Guarantied Party constituting Guarantied Obligations; and third, to the balance of the Guarantied Obligations.

Appears in 1 contract

Samples: General Continuing (Microstrategy Inc)

Payments; Application. All payments to be made hereunder by --------------------- 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 deduction (whether for 7 116 taxes or otherwise) or offset. All payments made by Guarantor hereunder shall be applied as follows: first, to all reasonable out-of-pocket costs and expenses (including reasonable attorneys fees) actually incurred by Guarantied Party in enforcing this Guaranty or in collecting the Guarantied Obligations; second, to all accrued and unpaid interest, premium, if any, and fees owing to Guarantied Party constituting Guarantied Obligations; and third, to the balance of the Guarantied Obligations.

Appears in 1 contract

Samples: Stock Pledge Agreement (Sands Regent)

Payments; Application. All 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 deduction (whether for taxes or otherwise) or offset. All payments made by any Guarantor hereunder shall be applied as follows: first, to all reasonable out-of-pocket costs and expenses (including reasonable attorneys fees) actually incurred by Guarantied Party in enforcing this Guaranty or in collecting the Guarantied Obligations; second, to all accrued and unpaid interest, premium, if any, and fees owing to Guarantied Party constituting Guarantied Obligations; and third, to the balance of the Guarantied Obligations.

Appears in 1 contract

Samples: Prandium Inc

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