Prepayment; Application of Payments Sample Clauses

Prepayment; Application of Payments. This Note may be prepaid by the Borrower in whole, at any time before the Maturity Date without premium or penalty. All prepayments and payments on this Note shall be applied first to outstanding interest and then to the outstanding principal balance of this Note.
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Prepayment; Application of Payments. At any time after the disbursement of the HOME Loan proceeds, Borrower may prepay all or a portion of the unpaid principal amount of the HOME Loan and accrued interest and any other sums outstanding without penalty. Borrower hereby agrees and understands that the prepayment of the Note shall not relieve Borrower of the duty to comply with the covenants described in Sections 9, 10, and 11 herein, and such obligations and covenants shall remain in full force and effect pursuant to their terms. All payments, including any prepayments or funds received upon acceleration pursuant to Section 3 above, shall be applied first toward any outstanding costs of collection or other amounts (excluding HOME Loan principal or interest thereon) due under the Note or this Agreement, then toward outstanding interest accrued at the “Default Rate” of ten percent (10%) per annum (simple interest), if any, then toward outstanding interest accrued at the Basic Rate, if any, and finally toward the remaining principal balance under the Note.
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Prepayment; Application of Payments. At any time after the disbursement of the Loan proceeds, Borrower may prepay all or a portion of the unpaid principal amount of the Loan and accrued interest and any other sums outstanding without penalty. All payments, including any prepayments or funds received upon acceleration pursuant to Section 2 above, shall be applied first toward any outstanding costs of collection or other amounts (excluding Loan principal or interest thereon) due under this Note or the Loan Agreement, then toward outstanding interest accrued at the Default Rate, if any, then toward outstanding interest accrued at the Basic Rate, if any, and finally toward the remaining principal balance under the Note.
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Prepayment; Application of Payments. At any time after the disbursement of the Predevelopment Loan proceeds, Borrower may prepay all or a portion of the unpaid principal amount of the Predevelopment Loan and accrued interest and any other sums outstanding without penalty. All payments, including any prepayments or funds received upon acceleration pursuant to Section 4 above, shall be applied first toward any outstanding costs of collection or other amounts (excluding Predevelopment Loan principal or interest thereon) due under this Note or the Agreement, then toward outstanding interest accrued at the Default Rate, if any, then toward any deferred principal, and finally toward the remaining principal balance under the Note.
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Prepayment; Application of Payments. Prior to the Conversion Date, prepayment of the Loan shall be available, with HUD approval, subject to any limitation, restriction, cost, penalty, fee or expense imposed by HUD in connection with prepayment of the HUD Loan. After the Conversion Date, and pursuant to terms of the HUD Loan, and the HUD Note, and following the tenth (10th) anniversary of the Conversion Date, Borrower may request to prepay the unpaid principal amount of the Loan and interest thereon. Prepayment, if approved, would be available only through a prepayment account involving additional fees, costs, and pre-funded interest expenses that the Borrower would be required to pay. Borrower acknowledges that prepayment of the Loan is subject to approvals from COUNTY and HUD. Borrower agrees to pay all prepayment premiums, fees and penalties incurred in connection with the prepayment of the Loan. Since the term of the Loan is twenty (20) years, this prepayment option may be available to the Borrower. After the Conversion Date, and pursuant to terms of the HUD Loan and the HUD Note, Borrower may request to defease the unpaid principal amount of the Loan and interest, subject to approval by COUNTY and HUD. Defeasance, if approved, would be available only through a defeasance account involving additional fees, costs and pre- funded interest expenses that the Borrower would be required to pay. Borrower agrees to pay any defeasance costs incurred in connection with defeasance of the HUD Loan. Borrower hereby agrees and understands that the prepayment or defeasance of the Note shall not relieve Borrower of the duty to comply with the covenants described in Sections 9.4, 9.7, 10 and 11 herein, and such obligations and covenants shall remain in full force and effect pursuant to their terms. All payments, including any prepayments or funds received upon acceleration pursuant to Section 3 above, shall be applied first toward any outstanding costs of collection or other amounts (excluding Loan principal or interest thereon) due under the Note or this Agreement, then toward outstanding interest accrued at the Default Rate, if any, then toward outstanding interest accrued at the Base Rate, if any, and then finally toward the remaining principal balance of the Loan.
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Prepayment; Application of Payments a. The Buyer may prepay the outstanding principal balance of this Note, together with all accrued but unpaid interest thereon, at any time without premium or penalty. All sums paid by the undersigned to Seller in connection with this Note shall be applied first to accrued and unpaid interest, and the balance, if any, to principal. b. If a final order confirming the Plan is entered on or before November 8, 1997, all of Buyer's obligations under this Note, including but not limited to the obligations to pay principal, accrued interest and any other fees and charges hereunder, shall be satisfied in full by the issuance of seventeen percent (17%) of the issued and outstanding stock of Reorganized PCL (as defined in the Plan) as of the date of the order confirming the Plan, under the terms and in accordance with the conditions set forth in the Plan, and Buyer shall accept cancellation of the Note as full and complete consideration for the issuance of such stock.
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Prepayment; Application of Payments. This Note must be prepaid by the Borrower in whole or in part, at any time before the Maturity Date without premium or penalty, but only upon the terms and conditions set forth in this Section 2.4: (a) All prepayments and payments on this Note shall be applied first to outstanding interest and then to the outstanding principal balance of this Note. (b) If, at any time while the Note is outstanding, Borrower, Parent or a Company Subsidiary intends to receive any GEM Reimbursement Rights or Financing Funds, Borrower shall, no later than five business days prior to the anticipated receipt of such GEM Reimbursement Rights or Financing Funds, send a written notice to Holder specifying both the amounts of funds to be received and any security interests to be granted in order to obtain such GEM Reimbursement Rights or Financing Funds. Upon such notice being given, Holder shall have three business days in which to deliver a response in the form of instructions (“Instructions”) to Borrower, which shall either: (i) instruct Borrower to apply such proceeds as set forth in Section 2.4(a); or (ii) inform Borrower that Holder does not wish to apply the proceeds from such Financing Funds or GEM Reimbursement Rights to the Note, in which case Borrower, Parent and the Company Subsidiaries shall be free to use such proceeds for any other business purpose, including but not limited to general working capital. However, if the proceeds are to be the result of any proposed transaction in which the grant of a lien or other security interest in Borrower, Parent or any Company Subsidiaries is to be granted to a third party (a “Secured Transaction”), in order to be able to select option (ii) in any Instruction, Holder must also agree to subordinate this Note to the security interest created by such Secured Transaction in its Instruction, and to execute any and all documents and to perform such other tasks necessary in order to subordinate the Note to the Secured Transaction by the closing date of the Transaction. If Holder fails to timely deliver an Instruction within three business days of notice being given: (a) if such proceeds are to be obtained pursuant to a Secured Transaction, Holder shall automatically be deemed to have selected option (i) in an Instruction; or (b) if such proceeds are to be obtained pursuant to a non-Secured Transaction, Holder shall automatically be deemed to have selected option (ii) in an Instruction. If, in any Instruction related to a Secured Transact...
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Prepayment; Application of Payments. Borrower may prepay the outstanding Indebtedness of Borrower to Bank under the Term Loan at any time, in whole or in part, without any prepayment penalty or premium.
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Prepayment; Application of Payments 
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Related to Prepayment; Application of Payments

  • Application of Payments Landlord shall have the right to apply payments received from Tenant pursuant to this Lease, regardless of Tenant’s designation of such payments, to satisfy any obligations of Tenant hereunder, in such order and amounts as Landlord, in its sole discretion, may elect.

  • Application of Payment The monthly housing assistance payment shall be credited against the monthly rent to owner for the contract unit.

  • Collection of Payments Borrower authorizes Bank to collect all principal, interest and fees due under each credit created by the Loan Documents by charging Borrower’s deposit account number 4121261853 with Bank, or any other deposit account maintained by Borrower with Bank, for the full amount thereof. Should there be insufficient funds in any such deposit account to pay all such sums when due, the full amount of such deficiency shall be immediately due and payable by Borrower.

  • Extension of Payment; Reduction of Principal Interest or Fees; Modification of Terms of Payment Whether or not any Loans are outstanding, extend the Expiration Date or the time for payment of principal or interest of any Loan (excluding the due date of any mandatory prepayment of a Loan), the Commitment Fee or any other fee payable to any Lender, or reduce the principal amount of or the rate of interest borne by any Loan or reduce the Commitment Fee or any other fee payable to any Lender, without the consent of each Lender directly affected thereby;

  • Payments; Application of Payments (a) All payments (including prepayments) to be made by Borrower under any Loan Document shall be made in immediately available funds in U.S. Dollars, without setoff or counterclaim, before 12:00 p.m. Pacific time on the date when due. Payments of principal and/or interest received after 12:00 p.m. Pacific time are considered received at the opening of business on the next Business Day. When a payment is due on a day that is not a Business Day, the payment shall be due the next Business Day, and additional fees or interest, as applicable, shall continue to accrue until paid. (b) Borrower shall have no right to specify the order or the accounts to which Bank shall allocate or apply any payments required to be made by Borrower to Bank or otherwise received by Bank under this Agreement when any such allocation or application is not specified elsewhere in this Agreement.

  • Application of Payments and Collections All items of payment received by Agent by 12:00 noon, Chicago, Illinois, time, on any Business Day shall be deemed received on that Business Day. All items of payment received after 12:00 noon, Chicago, Illinois, time, on any Business Day shall be deemed received on the following Business Day. Borrower irrevocably waives the right to direct the application of any and all payments and collections at any time or times hereafter received by Agent from or on behalf of Borrower, and Borrower does hereby irrevocably agree that Agent shall have the continuing exclusive right to apply and reapply any and all such payments and collections received at any time or times hereafter by Agent or its agent against the Obligations, in such manner as Agent may deem advisable, notwithstanding any entry by Agent or any Lender upon any of its books and records. Amounts received by the Agent shall be for further credit to the accounts of Lenders pursuant to the settlement procedures contained in subsection 3.1.3 of this Agreement. Notwithstanding the foregoing, payments and collections shall not be applied to Obligations consisting of Derivative Obligations or Product Obligations at any time that any other Obligations are then due and payable. If as the result of collections of Accounts as authorized by subsection 6.2.4 hereof or otherwise, a credit balance exists in the Loan Account, such credit balance shall not accrue interest in favor of Borrower, but shall be disbursed to Borrower or otherwise at Borrower's direction in the manner set forth in subsection 3.1.2, upon Borrower's request at any time, so long as no Default or Event of Default then exists. Agent may at its option, offset such credit balance against any of the Obligations upon and during the continuance of an Event of Default.

  • Reduction of Payments Any reduction under Subsection (b) above shall be applied first to Payments that constitute “deferred compensation” (within the meaning of Section 409A of the Code and the regulations thereunder). If there is more than one such Payment, then such reduction shall be applied on a pro rata basis to all such Payments. Subject to the foregoing rules, the Employee may elect, in the Employee’s sole discretion, which and how much of the Payments shall be eliminated or reduced (as long as after such election the aggregate present value of the Payments equals the Reduced Amount) and shall advise the Company in writing of the Employee’s election within 10 business days of receipt of notice. If no such election is made by the Employee within such 10-day period, then the Company may elect which and how much of the Payments shall be eliminated or reduced (as long as after such election the aggregate present value of the Payments equals the Reduced Amount) and shall notify the Employee promptly of such election. For purposes of this Section 3, a present value shall be determined in accordance with Section 280G(d)(4) of the Code. All determinations made by the Accounting Firm under this Section 3 shall be binding upon the Company and the Employee and shall be made within 10 business days of the date when a Payment becomes payable or transferable. As promptly as practicable following such determination and the elections hereunder, the Company shall pay or transfer to or for the benefit of the Employee such amounts as are then due to the Employee and shall promptly pay or transfer to or for the benefit of the Employee in the future such amounts as become due to the Employee.

  • Application of Prepayments (i) Prior to any optional or mandatory prepayment of Borrowings hereunder, Borrower shall select the Borrowing or Borrowings to be prepaid and shall specify such selection in the notice of such prepayment pursuant to paragraph (i) of this Section 2.10(i). Subject to Section 9.04 and so long as no Event of Default shall then exist and be continuing, all mandatory prepayments shall be applied as follows: first, to Fees and reimbursable expenses of the Administrative Agent and the Collateral Agent then due and payable pursuant to the Loan Documents; second, to interest then due and payable on all Loans; third, to the principal balance of the Swingline Loan until the same has been repaid in full; fourth, to the outstanding principal balance of Revolving Loans until the same has been paid in full, including accompanying accrued interest and charges under Sections 2.12, 2.13 and 2.15 (Borrower may elect which of any Eurodollar Revolving Borrowings is to be prepaid); fifth, to cash collateralize all LC Exposures plus any accrued and unpaid Fees with respect thereto (to be held and applied in accordance with Section 2.18(j) hereof); sixth, to all other Obligations pro rata in accordance with the amounts that such Lender certifies is outstanding; and, seventh, returned to Borrower or to such party as otherwise required by law. All such mandatory prepayments of the Revolving Loans shall cause a corresponding reduction in the Revolving Commitments of the Lenders in accordance with their applicable Revolving Commitments. (ii) Amounts to be applied pursuant to this Section 2.10 to the prepayment of Revolving Loans shall be applied, as applicable, first to reduce outstanding ABR Revolving Loans, respectively. Any amounts remaining after each such application shall be applied to prepay Eurodollar Revolving Loans, as applicable. Notwithstanding the foregoing, if the amount of any prepayment of Loans required under this Section 2.10 shall be in excess of the amount of the ABR Loans at the time outstanding, only the portion of the amount of such prepayment as is equal to the amount of such outstanding ABR Loans shall be immediately prepaid and, at the election of Borrower, the balance of such required prepayment shall be prepaid immediately, together with any amounts owing to the Lenders under Section 2.13.

  • Application of prepayment The provisions of Clause 8 shall apply in relation to the prepayment.

  • Application of Payments to Principal and Interest All payments in respect of the principal amount of any Loan shall include payment of accrued interest on the principal amount being repaid or prepaid, and all such payments shall be applied to the payment of interest before application to principal.

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