Common use of Payments Conditional Clause in Contracts

Payments Conditional. Whenever Agent or any Bank shall credit any payment to the 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 Bank, in each case, may reverse any entry relating thereto on its books and Guarantor shall remain liable therefor, even if such Bank may no longer have in its possession any evidence of the Debt to which the payment in question was applied.

Appears in 5 contracts

Samples: Assignment and Assumption Agreement (Nordson Corp), Assignment Agreement (Oglebay Norton Co /New/), Intercreditor Agreement (Cedar Fair L P)

AutoNDA by SimpleDocs

Payments Conditional. Whenever Agent or any Bank Noteholder shall credit any payment to the 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 Personanyone else, each BankNoteholder, in each case, may reverse any entry relating thereto on in its books and Guarantor shall remain liable therefor, therefor even if such Bank Noteholder may no longer have in its possession any evidence of the Debt to which the payment in question was applied.

Appears in 1 contract

Samples: Amcast Industrial Corp

Payments Conditional. Whenever Agent or any Bank Lender shall credit any payment to the Debt 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 BankLender, in each case, may reverse any entry relating thereto on its books and Guarantor shall remain liable therefor, even if such Bank Lender may no longer have in its possession any evidence of the Debt Obligations to which the payment in question was applied.

Appears in 1 contract

Samples: Guaranty of Payment (Archibald Candy Corp)

Payments Conditional. Whenever Agent or any Bank shall credit any payment to the 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 Personanyone else, each Bank, in each case, may reverse any entry relating thereto on in its books and Guarantor shall remain liable therefor, therefor even if such Bank may no longer have in its possession any evidence of the Debt to which the payment in question was applied.

Appears in 1 contract

Samples: Credit Agreement (Amcast Industrial Corp)

AutoNDA by SimpleDocs

Payments Conditional. Whenever Agent or any Bank shall credit any payment to the 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 with which such payment is made 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 Bank, in each case, may reverse any entry relating thereto on in its books and Guarantor shall remain liable therefor, therefor even if such Bank may no longer have in its possession any evidence of the Debt to which the payment in question was applied.

Appears in 1 contract

Samples: Assignment and Acceptance Agreement (Oglebay Norton Co)

Time is Money Join Law Insider Premium to draft better contracts faster.