Common use of Payments by Lender Clause in Contracts

Payments by Lender. Should any amount, interest or other Obligation required to be paid under any Loan Document remain unpaid after it is due and payable and after the expiration of any cure period, if applicable, such amount may be paid (a) by Lender applying such amounts from those on deposit in the Concentration Account (and Borrower irrevocably authorizes disbursements of any such amounts to Lender) or (b) if amounts on deposit in the Concentration Account shall be insufficient to make such payments when due, such payments shall be deemed a request for an Advance under the Revolving Facility as of the date such payment is due. No payment or prepayment of any amount by any third party shall entitle such third party to be subrogated to the rights of Lender under any Loan Document unless and until the Obligations have been fully performed and paid irrevocably in cash and this Agreement has been terminated. Any sums expended by Lender as a result of Borrower’s failure to pay, perform or comply with any Loan Document or any of the Obligations may be charged to Borrower as an Advance under the Revolving Facility and added to the Obligations and thereby increasing the principal amount outstanding hereunder.

Appears in 1 contract

Samples: Credit and Security Agreement (Vickers Vantage Corp. I)

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Payments by Lender. Should any amount, interest or other Obligation amount required to be paid under any Loan Document remain unpaid after it is due and payable and after the expiration of any cure period, if applicablebe unpaid, such amount may in its Permitted Discretion be paid (a) by Lender applying such amounts from those on deposit in the Concentration Account (and Borrower irrevocably authorizes disbursements of any such amounts to Lender) or (b) if amounts on deposit in the Concentration Account shall be insufficient to make such payments when due, such payments which payment shall be deemed a request for an Advance under the Revolving Facility as of the date such payment is due, and each Borrower irrevocably authorizes disbursement of any such funds to Lender by way of direct payment of the relevant amount, interest or Obligations. No payment or prepayment of any amount by Lender or any third party other Person shall entitle such third party any Person to be subrogated to the rights of Lender under any of the Loan Document Documents unless and until the Obligations (other than indemnity obligations under the Loan Documents that are not then due and payable or for which any events or claims that would give rise thereto are not then pending) have been fully performed and paid irrevocably in cash and this Agreement has been terminated. Any sums expended by Lender as a result of any Borrower’s 's or any Guarantor's failure to pay, perform or comply with any Loan Document or any of the Obligations may shall be charged to Borrower such Borrower's account as an Advance under the Revolving Facility and added to the Obligations and thereby increasing the principal amount outstanding hereunderObligations.

Appears in 1 contract

Samples: Revolving Credit Agreement (Integrated Healthcare Holdings Inc)

Payments by Lender. Should any amount, interest or other Obligation amount required to be paid under any Loan Document remain unpaid after it is due and payable and after the expiration of any cure period, if applicable, such amount may be paid (a) by Lender applying such amounts from those on deposit in the Concentration Account (and Borrower irrevocably authorizes disbursements of any such amounts to Lender) or (b) if amounts on deposit in the Concentration Account shall be insufficient to make such payments when due, such payments which payment shall be deemed a request for an Advance under the Revolving Facility as of the date such payment is due, and Borrowers irrevocably authorize disbursements of any such funds to Lender by way of direct payment of the relevant amount, interest or Obligations. No payment or prepayment of any amount by Lender or any third party other Person shall entitle such third party any Person to be subrogated to the rights of Lender under any Loan Document unless and until the Obligations have been fully performed and paid irrevocably in cash and this Agreement has been terminated. Any sums expended by Lender as a result of any Borrower’s or any Guarantor’s failure to pay, perform or comply with any Loan Document or any of the Obligations may be charged to Borrower Borrowers account as an Advance under the Revolving Facility and added to the Obligations and thereby increasing increase the principal amount outstanding hereunder.

Appears in 1 contract

Samples: Credit and Security Agreement (Interpace Diagnostics Group, Inc.)

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Payments by Lender. (a) Should any amount, interest or other Obligation amount required to be paid under any Loan Document remain be unpaid after it is due and payable and after the expiration of beyond any applicable cure period, if applicable, such amount may be paid (a) by Lender applying such amounts from those on deposit in the Concentration Account (and Borrower irrevocably authorizes disbursements of any such amounts to Lender) or (b) if amounts on deposit in the Concentration Account shall be insufficient to make such payments when due, such payments which payment shall be deemed a request for an Advance under the Revolving Facility Loan as of the date such payment is due, and Borrower irrevocably authorizes disbursement of any such funds to Lender, by way of direct payment of the relevant amount, interest or Obligations without necessity of any demand in accordance with Section 2.6 whether or not a Default or Event of Default has occurred or is continuing. No payment or prepayment of any amount by Lender or any third party other Person shall entitle such third party any Person to be subrogated to the rights of Lender under any Loan Document unless and until the Obligations (other than indemnity obligations under the Loan Documents that are not then due and payable or for which any events or claims that would give rise thereto are not then pending) have been fully performed and paid irrevocably indefeasibly in cash and this Agreement has been terminated. Any sums expended or amounts paid by Lender as a result of Borrower’s any Credit Party's failure to pay, perform or comply with any Loan Document or any of the Obligations may be charged to Borrower Borrower's account as an Advance under the Revolving Facility Loan and added to the Obligations and thereby increasing the principal amount outstanding hereunderObligations.

Appears in 1 contract

Samples: Loan and Security Agreement (Ashford Hospitality Trust Inc)

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