Payments; Late Payments. 10.1. All payments to be made under this Agreement shall be made in full and free from any deduction, withholding or Tax save as may be required by Law, in which event such deduction, withholding or Tax shall not exceed the minimum amount which it is required by Law to deduct or withhold.
10.2. If any amount required to be paid under this Agreement is not paid when it is due, such amount shall bear default interest at the rate of 3-month EURIBOR plus 2.5% per annum, calculated on a daily basis for the period from the relevant due date for payment up to, and including, the date of actual payment, which interest shall be compounded monthly, and shall apply in addition to (and not in lieu of) any other interest payable (if any) in accordance with other provisions of this Agreement.
10.3. The penalties agreed in this Clause are established as specific penalty clauses and are cumulative to any other remedies available at Law to the Seller. The Parties agree to exclude the power of Court moderation regulated in article 1,154 of the Spanish Civil Code. The Parties expressly accept the appropriateness and proportionality of the agreed penalties and, consequently, expressly and irrevocably waive any right to take any action, judicial or extrajudicial, aimed at avoiding, excluding or preventing its application, or to request its moderation or reduction.
Payments; Late Payments. Licensee shall pay each invoice within thirty (30) days of the date of the invoice (the “Due Date”), without setoff or deduction. In the event Licensee fails to make any payment by the Due Date, Licensee shall pay a late charge on all past due amounts at the rate of one and one-half percent (1.5%) per month, compounded monthly (or, if lower, the maximum rate allowed by law). Further, Crown Castle shall be entitled to recover from Licensee all collection costs, including attorney fees.
Payments; Late Payments. Licensee shall pay each invoice within thirty (30) days of the date of the invoice (the “Due Date”), without setoff or deduction. In the event Licensee fails to make any payment by the Due Date, Licensee shall pay a late charge on all past due amounts at the rate of one and one-half percent (1.5%) per month, compounded monthly (or, if lower, the maximum rate allowed by law). Further, Company shall be entitled to recover from Licensee all collection costs, including attorney fees.
Payments; Late Payments. (a) All Term Loan Installments (or Accelerated Term Loan Installments) to be made by Co-Borrowers on account of the Term Loan shall be made to RBL's Office not later than 11:00 A.M. (Chicago time) on the date when due in each case in lawful money of the United States of America and in immediately available funds. Co-Borrowers hereby authorize and direct Cynergy, NPC, FTS, MWI, Sage and TransFirst pursuant to the respective Tri-Party Agreement, to pay from amounts due to Co-Borrowers pursuant to the respective Processing Agreements all payments owing hereunder, in accordance with the terms of the applicable Tri-Party Agreement.
(b) In the event any Term Loan Installment or Accelerated Term Loan Installment due under the Note is not received by RBL in full within ten (10) days after the due date thereof, and the same subsequently is received and accepted by RBL, Co-Borrowers shall pay RBL on demand a late charge in the amount of five percent (5%) of the amount of the delinquent Term Loan Installment or Accelerated Term Loan Installment.
(c) Monies received by RBL shall be reasonably applied to the Obligations in a manner determined by RBL in its sole discretion. Co-Borrowers shall not have the right to reborrow any amounts repaid under the Term Loan. Any monies received other than on the date that a Term Loan Installment or Accelerated Term Loan Installment first becomes due shall, if received prior thereto and except as provided in Section 3.01(g), be applied on the date that the next Term Loan Installment or Accelerated Term Loan Installment falls due.
Payments; Late Payments. Each Party shall make all payments due the other Party under this Agreement by wire transfer of immediately available funds to such account as is designated by the receiving Party from time to time to the other Party in writing in accordance with the provisions of Section 15.5 (Notices). If any sum due and payable under this Agreement shall not have been paid on or before the applicable due date, [***] shall accrue on the unpaid amount at the rate of [***] or, if less, the maximum rate permitted under Applicable Laws, from the payment due date until the actual date of payment without prejudice to any other claim or remedy available to the non-paying Party; provided, however, that no interest shall accrue on any portion of an unpaid amount that is the subject of a good faith, legitimate dispute. If any such dispute is resolved against the paying Party, the date of resolution shall be deemed to be [***] after the date that payment to the other Party originally was due.
Payments; Late Payments. (a) The principal amount of the Term Note will be payable in eighty-four (84) monthly installments of principal, plus accrued interest, which will be due beginning on June 1, 2021 and continuing on the first day of each calendar month thereafter. The eighty-four (84) monthly installments of principal will be in such amounts as set forth on Schedule I attached hereto, plus accrued interest, and the eighty-fifth (85th) and final installment will be in the amount of the entire unpaid balance of the Term Loan, plus all accrued and unpaid interest, and any other charges, advances and fees, if any, outstanding under the Term Loan. Notwithstanding anything herein to the contrary, the outstanding principal plus accrued and unpaid interest will be due and payable on the Termination Date.
(b) All payments by Borrower under this Agreement and the Notes will be in lawful money of the United States of America, and, unless otherwise provided in this Agreement or instructed by Lender in writing from time to time, Borrower will make all payments required under this Agreement, the Notes and under any of the other Loan Documents in immediately available funds to an account designated by Lender from time to time.
(c) Borrower shall make all payments of principal, interest and all other Obligations no later than 3:00 p.m. U.S. Eastern Standard Time, on the day such payments are due. For purposes of computing interest and fees as of any date, all payments shall be deemed received on the Business Day on which immediately available funds therefor are received by Lender prior to 3:00 p.m. Cincinnati, Ohio time. Payments received by Lender after 2:00 p.m. Cincinnati, Ohio time on any Business Day or on a day that is not a Business Day shall be deemed to have been received on the following Business Day. In the event any payment becomes due and payable on a date which is not a good Business Day, such payment shall become due and payable on the next successive Business Day.
(d) Borrower agrees that, with regard to late payments:
(i) Borrower shall pay to Lender a late payment fee equal to three percent (3%) of any payment of principal not paid when due (whether by maturity, acceleration or otherwise), and (ii) any portion of the Obligation not paid when due (whether by maturity, acceleration or otherwise) shall bear interest thereafter until paid at the Default Rate; provided that this Section 2.3(d) shall not be deemed to constitute a waiver of any Event of Default or an agreement b...
Payments; Late Payments. SERVIER shall make all payments due and payable to OSTEOLOGIX under this Agreement by wire transfer of immediately available funds to such account designated by OSTEOLOGIX from time to time to SERVIER in writing. If any sum due and payable under this Agreement shall not have been paid on or before the applicable due date, simple interest shall accrue on the unpaid amount at the rate of [***] per annum (or, if less, the maximum rate permitted under Applicable Law); provided, however, that no interest shall accrue on any portion of an unpaid amount which is the subject of a good faith, legitimate dispute. If any such dispute is resolved against SERVIER, late fees shall be calculated from the date that payment to OSTEOLOGIX originally was due. [***] all payments hereunder shall be nonrefundable and non-creditable against other payments due hereunder. sf-2857375 19
Payments; Late Payments. Each License Fee and Milestone Payment will be made in United States dollars by wire transfer to an account designated in writing by Alvotech. Any fees or payments due and payable to a Party under this Agreement that are not paid by the relevant Party within [***] days of when due shall bear interest at the annualized rate of the then prime rate (as reported in the Wall Street Journal) plus [***] percent ([***]%).
Payments; Late Payments. Within 15 days after the end of the second month of each calendar quarter (February, May, August, and November) during the Term, Licensee shall remit payment for all License Fees and Support and Maintenance Fees in respect of such 3 month period, based upon the reports set forth in Section 4 below. All payments to Macromedia shall be made via wire transfer pursuant to the instructions provided by Macromedia. Payments by Licensee that are more than fifteen (15) days past due shall be subject to a late charge equal to one and one half percent (1.5 percent) per month (or, if less, the maximum amount allowed by applicable law) on the overdue balance. Licensee shall be responsible for any reasonable costs resulting from collection by Macromedia of any such amounts, including, without limitation, reasonable attorneys' fees and court costs. If Licensee's payment is more than 15 day past due Macromedia has the right to terminate this agreement upon 10 days advance written notice and Licensee's failure to cure within such period, provided that such termination shall not relieve Licensee of any payment obligations set forth above.
Payments; Late Payments. All payments shall be made in United States dollars and are due upon receipt. All Payments shall be remitted to Infradapt LLC, 0000 Xxxxxxxxxxx Xxxx, Xxxxxxxxxxxxx, XX 00000. If Customer fails to pay any Carrier Services fees within 10 days Customer will be charged additional fees of ten percent of invoice amount per day late for an extended period of seven days. In addition, failure of Client to fully pay any fees within ten days after the applicable due date shall be deemed a material breach of this Agreement, justifying suspension of the performance of the Services by Infradapt, and will be sufficient cause for immediate termination of this Agreement by Infradapt. Any such suspension does not relieve Customer from paying past due fees plus interest and in the event of collection enforcement. If Services are suspended as a result of nonpayment of fees and subsequently reconnected, in addition to late payment fees, Customer will be required to pay a reconnection fee of $100.00 and may be required to make reasonable deposits or assurances of payment. If invoice for any Infradapt provided equipment remains unpaid 10 days after the receipt, Xxxxxxxx agrees to return equipment and pay Infradapt up to 40% of the retail cost for the interim usage of the equipment.
