Payments in Kind. If the Bank requires delivery in kind of the proceeds of collection of the Borrower's accounts receivable, such proceeds shall be credited to interest, principal, and other sums owed to the Bank under this Agreement in the order and proportion determined by the Bank in its sole discretion. All such credits will be conditioned upon collection and any returned items may, at the Bank's option, be charged to the Borrower.
Payments in Kind. In the event that the Royalty Holder determines that it wishes to receive Royalty payments in physical product in kind, the Royalty Holder shall provide written notice of such election. Upon timely receipt of such notice, the Owner shall direct any Offtaker that is the final refiner or other processor of the applicable Products to pay the Royalty directly to the account of the Royalty Holder. The Owner shall, and shall cause the Offtaker to, notify the Royalty Holder in writing at least three weeks prior to any change of such Offtaker. All costs incurred by the Owner with respect to arranging for such payment in kind shall be for the account of the Royalty Holder and may be deducted from any subsequent payment of the Royalty.
Payments in Kind. The proceeds of collections of Borrower's accounts receivable, when received by Bank in kind, shall be credited to interest, principal, and other sums owed to Bank under this Agreement in the order and proportion determined by Bank in its sole discretion. All such credits will be conditioned upon collection and any returned items may, at Bank's option, be charged to Borrower.
Payments in Kind. If the Royalty Holder determines that it wishes to receive Royalty payments in the physical product in kind, the Royalty Holder shall provide written notice of such election including details of the Royalty Holder’s account at the final refiner or other processor of the Cobalt. Upon timely receipt of such notice, the Owners shall direct any Offtaker that is the final refiner or other processor of the Cobalt to pay the Royalty directly to the account of the Royalty Holder at the Offtaker. All costs incurred by the Owners with respect to arranging for such payment in kind shall be for the account of the Royalty Holder and may be deducted from any subsequent payment of the Royalty. The Royalty Holder shall be responsible for all costs associated with the transportation of and insurance relating to Royalty payments delivered in kind to the Royalty Holder and if such transportation costs are paid for by the Royalty Holder the same shall not be included as one of the Allowable Deductions pursuant to section (ii) of the definition of Allowable Deductions. Title to Cobalt delivered to the Royalty Holder set forth in this section 3.8 shall pass to the Royalty Holder at the time the Cobalt is credited to the Royalty Holder at the Offtaker. If the Royalty Holder has provided written notice that it wishes to receive Royalty payments in the physical product in kind, the Owners shall notify the Royalty Holder in writing at least three weeks prior to any change of Offtaker.
Payments in Kind. Such Individual Member has issued no gift certificates, trade vouchers or other “payments-in-kind” or credits which remain outstanding which would be binding upon Buyer, NBS, NBSH or the Property.
Payments in Kind. For purposes of this Term Loan Agreement, any ---------------- payment of Indebtedness or interest accrued on Indebtedness which is made through the delivery of a promissory note or other instrument evidencing additional Indebtedness, shall not be considered to have been "made" or "paid" hereunder until such time as the obligor with respect to such promissory note or other instrument makes payment on the same in cash or other form of legal tender, and until such time as payment is so made the Indebtedness represented by such promissory note or other instrument shall be considered "due" hereunder.
Payments in Kind. In the event the Partnership is required or elects to make a payment or other distribution to or on behalf of any Partner or to the legal representative, liquidator, or receiver of any deceased, incompetent, insane or bankrupt Partner, the General Partner may (but shall not be obligated to) make such payment or distribution, either wholly or partially, in Securities or other property of the Partnership. The amount of any such payment or distribution shall be deemed to be equal to the value of such securities or other property, as determined under Article VIII, as of the effective date of their distribution to or on behalf of the Partner or the Partner's legal representatives and the decisions of the General Partner with respect to in-kind payments, including decisions with respect to selection, apportionment and valuation of Securities or other property, shall be conclusive and binding upon all Partners.
Payments in Kind. Nothing herein shall prevent the Company from making, or the Junior Creditors from taking and receiving, payments in kind or conversion to common stock in respect of the Junior Notes and the Junior Stock consisting of the issuance of additional Junior Notes and additional Junior Stock of the same character.
Payments in Kind. 18 8. CONDITIONS....................................................................18
Payments in Kind. None of the Companies, the Manager or any of the Member Entities has issued any gift certificates, trade vouchers or other “payments-in-kind” or credits which remain outstanding which would be binding upon Buyer, NBS, NBSH or the Property.
