Common use of Payments Conditional Clause in Contracts

Payments Conditional. Whenever Agent or any Lender shall credit any payment to the Obligations or any part thereof, whatever the source or form of payment, the credit shall be conditional as to Guarantor unless and until the payment shall be final and valid as to all the world. Without limiting the generality of the foregoing, Guarantor agrees that if any check or other instrument so applied shall be dishonored by the drawer or any party thereto, or if any proceeds of Collateral or payment so applied shall thereafter be recovered by any trustee in bankruptcy or any other Person, each Lender, in each case, may reverse any entry relating thereto on its books and Guarantor shall remain liable therefor, even if such Lender may no longer have in its possession any instrument evidencing the Obligations to which the payment in question was applied.

Appears in 5 contracts

Samples: Credit Agreement (Cintas Corp), Assignment and Acceptance Agreement (Bea Systems Inc), Jupitermedia Corp

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Payments Conditional. Whenever the Administrative Agent or any Lender shall credit any payment to the Obligations or any part thereof, whatever the source or form of payment, the credit shall be conditional as to Guarantor the Guarantors unless and until the payment shall be final and valid as to all the world. Without limiting the generality of the foregoing, Guarantor agrees that the Guarantors agree that, if any check or other instrument so applied shall be dishonored by the drawer or any party thereto, or if any proceeds of Collateral or payment so applied shall thereafter be recovered by any trustee in bankruptcy or any other Person, each Lender, in each case, may reverse any entry relating thereto on its books and Guarantor the Guarantors shall remain liable therefor, even if such Lender may no longer have in its possession any instrument evidencing the Obligations to which the payment in question was applied.

Appears in 2 contracts

Samples: Term Loan Agreement (Nordson Corp), Term Loan Agreement (Nordson Corp)

Payments Conditional. Whenever Agent or any Lender shall credit any payment to the Obligations or any part thereof, whatever the source or form of payment, the credit shall be conditional as to Guarantor unless and until the payment shall be final and valid as to all the world. Without limiting the generality of the foregoing, Guarantor agrees that that, if any check or other instrument so applied shall be dishonored by the drawer or any party thereto, or if any proceeds of Collateral or payment so applied shall thereafter be recovered by any trustee in bankruptcy or any other Person, each Lender, in each case, may reverse any entry relating thereto on its books and Guarantor shall remain liable therefor, even if such Lender may no longer have in its possession any instrument evidencing the Obligations to which the payment in question was applied.

Appears in 1 contract

Samples: Sykes Enterprises Inc

Payments Conditional. Whenever Agent or any Lender shall credit Bank credits any payment to the LC Obligations or any part thereof, whatever the source or form of payment, the credit shall be conditional as to Guarantor unless and until the payment shall be is final and valid as to all the world. Without limiting the generality of the foregoing, Guarantor agrees that if any check or other instrument so applied shall be is dishonored by the drawer or any party thereto, or if any proceeds of Collateral or payment so applied shall is thereafter be recovered by any trustee in bankruptcy or any other Person, each LenderBank, in each case, may reverse any entry relating thereto on its books and Guarantor shall remain liable therefor, even if such Lender Bank may no longer have in its possession any instrument evidencing evidence of the LC Obligations to which the payment in question was applied.

Appears in 1 contract

Samples: Credit Agreement (Davey Tree Expert Co)

Payments Conditional. Whenever the Administrative Agent or any Lender shall credit any payment to the Secured Obligations or any part thereof, whatever the source or form of payment, the credit shall be conditional as to Guarantor the Guarantors unless and until the payment shall be final and valid as to all the world. Without limiting the generality of the foregoing, Guarantor agrees that the Guarantors agree that, if any check or other instrument so applied shall be dishonored by the drawer or any party thereto, or if any proceeds of Collateral or payment so applied shall thereafter be recovered by any trustee in bankruptcy or any other Person, each Lender, in each case, may reverse any entry relating thereto on its books and Guarantor the Guarantors shall remain liable therefor, even if such Lender may no longer have in its possession any instrument evidencing the Secured Obligations to which the payment in question was applied.

Appears in 1 contract

Samples: ZAGG Inc

Payments Conditional. Whenever Agent or any Lender shall credit any payment to the Obligations or any part thereof, whatever the source or form of payment, the credit shall be conditional as to Guarantor unless and until the payment shall be final and valid as to all the world. Without limiting the generality of the foregoing, Guarantor agrees that that, if any check or other instrument so applied shall be dishonored by the drawer or any party thereto, or if any proceeds of Collateral or payment so applied shall thereafter be recovered by any trustee in bankruptcy or any other Person, each Lender, in each case, may reverse any entry relating thereto on its books and Guarantor shall remain liable therefor, even if such Lender may no longer have in its possession any instrument evidencing the Obligations to which the payment in question was applied.

Appears in 1 contract

Samples: Aldila Inc

Payments Conditional. Whenever Agent or any Lender shall credit any payment to the Obligations or any part thereof, whatever the source or form of payment, the credit shall be conditional as to Guarantor the Guarantors unless and until the such payment shall be final and valid as to all the world. Without limiting the generality of the foregoing, Guarantor agrees that the Guarantors agree that, if any check or other instrument so applied shall be dishonored by the drawer or any party thereto, or if any proceeds of Collateral or payment so applied shall thereafter be recovered by any trustee in bankruptcy or any other Person, each Lender, in each case, may reverse any entry relating thereto on its books and Guarantor the Guarantors shall remain liable therefor, even if such Lender may no longer have in its possession any instrument evidencing the Obligations to which the payment in question was applied.

Appears in 1 contract

Samples: S&W Seed Co

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Payments Conditional. Whenever Agent or any Lender shall credit credits any payment to the Obligations Debt or any part thereof, whatever the source or form of payment, the credit shall be conditional as to each Guarantor unless and until the payment shall be is final and valid as to all the world. Without limiting the generality of the foregoing, each Guarantor agrees that if any check or other instrument so applied shall be is dishonored by the drawer or any party thereto, or if any proceeds of Collateral or payment so applied shall is thereafter be recovered by any trustee in bankruptcy or any other Person, each Lender, in each case, may reverse any entry relating thereto on its books and such Guarantor shall remain liable therefor, even if such Lender may no longer have in its possession any instrument evidencing evidence of the Obligations Debt to which the payment in question was applied.

Appears in 1 contract

Samples: Credit Agreement (Steris Corp)

Payments Conditional. Whenever Agent or any Lender Bank shall credit any payment to the Obligations Debt or any part thereof, whatever the source or form of payment, the credit shall be conditional as to Guarantor unless and until the payment shall be final and valid as to all the world. Without limiting the generality of the foregoing, Guarantor agrees that if any check or other instrument so applied shall be dishonored by the drawer or any party thereto, or if any proceeds of Collateral or payment so applied shall thereafter be recovered by any trustee in bankruptcy or any other Person, each LenderBank, in each case, may reverse any entry relating thereto on its books and Guarantor shall remain liable therefor, even if such Lender Bank may no longer have in its possession any instrument evidencing the Obligations Debt to which the payment in question was applied.

Appears in 1 contract

Samples: Credit Agreement (MTC Technologies Inc)

Payments Conditional. Whenever Agent or any Lender shall credit any payment to the Obligations or any part thereof, whatever the source or form of payment, the credit shall be conditional as to Guarantor Guarantors unless and until the payment shall be final and valid as to all the world. Without limiting the generality of the foregoing, each Guarantor agrees that that, if any check or other instrument so applied shall be dishonored by the drawer or any party thereto, or if any proceeds of Guaranty Collateral or payment so applied shall thereafter be recovered by any trustee in bankruptcy or any other Person, each Lender, in each case, may reverse any entry relating thereto on its books and such Guarantor shall remain liable therefor, even if such Lender may no longer have in its possession any instrument evidencing the Obligations to which the payment in question was applied.

Appears in 1 contract

Samples: Guaranty and Security Agreement (Unrivaled Brands, Inc.)

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