POSTPONEMENT OF DEBTS Sample Clauses

POSTPONEMENT OF DEBTS. All debts and liabilities, present and future, of the Borrower to the Guarantor are hereby assigned to the Lender and postponed to the payment and performance in full of the Obligations, and all monies received by the Guarantor in respect thereof shall be received in trust for the Lender or, in the Province of Quebec, as agent for the Lender and forthwith upon receipt shall be paid over to the Lender, the whole without in any way lessening or limiting the liability of the Guarantor under this Agreement. This assignment and postponement is independent of the guarantee herein and shall remain in full force and effect until the Lender has received payment and performance in full of all Obligations, notwithstanding that the liability of the Guarantor under the guarantee herein may have been discharged or terminated.
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POSTPONEMENT OF DEBTS. AND GUARANTOR NOT TO COMPETE
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POSTPONEMENT OF DEBTS. Upon the occurrence and during the continuation of an Event of Default, all liabilities and indebtedness, present and future, absolute or contingent, of the Company to the Guarantor are hereby postponed to the payment and performance in full of the Obligations and all other amounts payable hereunder and all monies received by the Guarantor in respect thereof shall be received in trust for the Noteholders and forthwith upon receipt shall be paid over to the Collateral Agent, the whole without in any way lessening or limiting the liability of the Guarantor under this Agreement except to the extent of monies so paid. Such postponement is independent of the guarantee herein and shall remain in full force and effect until the Collateral Agent has received payment and performance in full of all Obligations and all other amounts payable hereunder.
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POSTPONEMENT OF DEBTS. All liabilities and indebtedness, present and future, absolute or contingent, of the Borrower to the Guarantor, and of any other guarantor or Person liable directly or as surety for the Guaranteed Obligations or any part thereof, are hereby assigned to the Investor and postponed to the payment and performance in full of the Guaranteed Obligations, the Indemnified Amounts and all other amounts payable hereunder and all monies received by the Guarantor in respect thereof shall be received in trust for the Investor or, in the Province of Quebec, as agent for the Investor and forthwith upon receipt shall be paid over to the Investor, the whole without in any way lessening or limiting the liability of the Guarantor under this Agreement. Such assignment and postponement is independent of the guarantee and indemnity herein and shall remain in full force and effect until the Investor has received payment and performance in full of all Guaranteed Obligations, all Indemnified Amounts and all other amounts payable hereunder, notwithstanding that the liability of the Guarantor under the guarantee and indemnity herein may have been discharged or terminated.
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Related to POSTPONEMENT OF DEBTS

  • Payment of Debts Contractor must pay all amounts shown as due to the City on the City’s accounts, even if a dispute exists as to the debt’s validity or enforceability.

  • ASSIGNMENT OF DEBTS 19 Unless this Agreement is followed without interruption by another Agreement between the parties 20 hereto for the same services and substantially the same scope, at the termination of this Agreement, 21 CONTRACTOR shall assign to COUNTY any debts owing to CONTRACTOR by or on behalf of 22 persons receiving services pursuant to this Agreement. CONTRACTOR shall immediately notify by 23 mail each of these persons, specifying the date of assignment, the County of Orange as assignee, and the 24 address to which payments are to be sent. Payments received by CONTRACTOR from or on behalf of 25 said persons, shall be immediately given to COUNTY. 26

  • Solvency, Payment of Debts Borrower is able to pay its debts (including trade debts) as they mature; the fair saleable value of Borrower’s assets (including goodwill minus disposition costs) exceeds the fair value of its liabilities; and Borrower is not left with unreasonably small capital after the transactions contemplated by this Agreement.

  • Other Debts Not to have outstanding or incur any direct or contingent liabilities or lease obligations (other than those to the Bank), or become liable for the liabilities of others, without the Bank's written consent. This does not prohibit: (a) Acquiring goods, supplies, or merchandise on normal trade credit. (b) Endorsing negotiable instruments received in the usual course of business. (c) Obtaining surety bonds in the usual course of business. (d) Liabilities, lines of credit and leases in existence on the date of this Agreement disclosed in writing to the Bank.

  • Payment of Debt Borrower will pay the Debt at the time and in the manner provided in the Note and in this Security Instrument.

  • Repayment of Debt Upon the terms and subject to the conditions set forth herein, substantially concurrent with the execution and delivery of this Agreement by the parties hereto, the Company agrees to sell, and the Creditors, severally and not jointly, agree to cancel the Debt, up to an aggregate of $124,184.26 as the payment for the Shares at a price of $0.460829 per share. Each Creditor’s Debt Cancellation Amount as set forth on the signature page hereto executed by such Creditor shall be settled for “Delivery Versus Payment” with the Company. The Company shall deliver the Shares to the Creditors as the repayment of Debt within 30 days of this Agreement.

  • Continuing Agreement, Transfer of Secured Obligations This Agreement is a continuing agreement and shall (a) subject to Section 5.3, remain in full force and effect until the Discharge of ABL Obligations shall have occurred, (b) be binding upon the Parties and their successors and assigns, and (c) inure to the benefit of and be enforceable by the Parties and their respective successors, transferees and assigns. Nothing herein is intended, or shall be construed to give, any other Person any right, remedy or claim under, to or in respect of this Agreement or any Common Collateral. All references to any Grantor shall include any Grantor as debtor-in-possession and any receiver or trustee for such Grantor in any Insolvency Proceeding. Without limiting the generality of the foregoing clause (c), the ABL Collateral Agent, any ABL Secured Party, the New First Lien Collateral Agent and any New First Lien Secured Party may assign or otherwise transfer all or any portion of the ABL Obligations or the New First Lien Obligations, as applicable, to any other Person (other than the Company, any Grantor or any Affiliate of the Company or any Grantor and any Subsidiary of the Company or any Grantor), and such other Person shall thereupon become vested with all the rights and obligations in respect thereof granted to the ABL Collateral Agent, the New First Lien Collateral Agent, any ABL Secured Party or any New First Lien Secured Party, as the case may be, herein or otherwise. The ABL Secured Parties and the New First Lien Secured Parties may continue, at any time and without notice to the other parties hereto, to extend credit and other financial accommodations, lend monies and provide Indebtedness to, or for the benefit of, any Grantor on the faith hereof.

  • No Additional Obligations For clarity, this Agreement shall not obligate either Party to disclose to the other Party, or maintain, register, monitor, prosecute, pay for or offer to pay for (including by offering remuneration to any inventors), defend, enforce or otherwise manage any Intellectual Property, except to the extent expressly set forth herein.

  • Certain Obligations of Owners of Receipts SECTION 3.01. Filing Proofs, Certificates and Other Information.

  • Certain Obligations of Holders of Receipts and the Company Filing Proofs, Certificates and Other Information 7 SECTION 3.2 Payment of Taxes or Other Governmental Charges 7 SECTION 3.3 Warranty as to Stock 8

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