Common use of Promise to Pay; Manner of Payment Clause in Contracts

Promise to Pay; Manner of Payment. (a) Any payments made by Borrowers (other than payments automatically paid through Advances under the Revolving Facility as provided herein), shall be made only by ACH or wire transfer on the date when due, without offset or counterclaim, in U.S. Dollars, in immediately available funds to such account within the domestic United States as may be indicated in writing by Agent to Borrowers from time to time. Any such payment received after 4:00 p.m. New York City time on any date shall be deemed received on the following Business Day. Whenever any payment hereunder shall be stated to be due or shall become due and payable on a day other than a Business Day, the due date thereof shall be extended to, and such payment shall be made on, the next succeeding Business Day, and such extension of time in such case shall be included in the computation of payment of any interest (at the Revolving Interest Rate then in effect during such extension) and/or fees, as the case may be. (b) Borrowers absolutely and unconditionally promise to pay the Obligations hereunder in accordance with the manner and terms hereof, without any deduction whatsoever, without setoff, recoupment or counterclaim, each of which claim or defense hereby is waived.

Appears in 2 contracts

Samples: Revolving Credit and Security Agreement (Skilled Healthcare Group Inc), Revolving Credit and Security Agreement (Skilled Healthcare Group Inc)

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Promise to Pay; Manner of Payment. Borrower absolutely and unconditionally promises to pay, when due and payable pursuant hereto, principal, interest and all other amounts and Obligations payable, hereunder or under any other Loan Document, without any right of rescission and without any deduction whatsoever, including any deduction for set-off, recoupment or counterclaim, notwithstanding any damage to, defects in or destruction of the Collateral or any other event, including Loan and Security Agreement (aAshford) obsolescence of any property or improvements. Any payments made by Borrowers Borrower (other than payments automatically paid through Advances under the Revolving Facility Loan as provided hereinherein or with funds contained in the Blocked Account), shall be made only by ACH or wire transfer on the date when due, without offset offset, deduction or counterclaim, in U.S. Dollars, in immediately available funds to such account within the domestic United States as may be indicated in writing by Agent Lender to Borrowers Borrower from time to time. Any such payment received after 4:00 2:00 p.m. (New York City time time) on any date shall be deemed received on the following Business Day. Whenever any payment hereunder shall be stated to be due or shall become due and payable on a day other than a Business Day, the due date thereof shall be extended to, and such payment shall be made on, the next succeeding Business Day, and such extension of time in such case shall be included in the computation of payment of any interest (at the Revolving Interest Rate interest rate then in effect during such extension) and/or fees, as the case may be. (b) Borrowers absolutely and unconditionally promise to pay the Obligations hereunder in accordance with the manner and terms hereof, without any deduction whatsoever, without setoff, recoupment or counterclaim, each of which claim or defense hereby is waived.

Appears in 1 contract

Samples: Loan and Security Agreement (Ashford Hospitality Trust Inc)

Promise to Pay; Manner of Payment. Borrowers absolutely and unconditionally promise to pay when due and payable hereunder, principal, interest and all other amounts and Obligations payable hereunder or under any other Loan Document, without any right of rescission and without any deduction whatsoever, including any deduction for set-off, recoupment or counterclaim, or defense for any reason (aother than the indefeasible payment in full in cash of the principal, interest and all other amounts and Obligations payable hereunder and under any other Loan Document) and notwithstanding any damage to, defects in or destruction of the Collateral or any other event, including obsolescence of any property or improvements. Any payments made by Borrowers (other than payments automatically paid through Advances under the Revolving Facility as provided herein), shall be made only by ACH or wire transfer on the date when due, without offset offset, deduction, or counterclaim, in U.S. Dollarsdollars, in immediately available funds to such account within the domestic United States as may be indicated in writing by Agent to Borrowers from time to time. Any such payment received after 4:00 2:00 p.m. New York City time on any date shall be deemed received on the following Business Day. Whenever any payment hereunder shall be stated to be due or shall become due and payable on a day other than a Business Day, the due date thereof shall be extended to, and such payment shall be made on, the next succeeding Business Day, and such extension of time in such case shall be included in the computation of payment of any interest (at the Revolving Interest Rate interest rate then in effect during such extension) and/or fees, as the case may be. (b) Borrowers absolutely and unconditionally promise to pay the Obligations hereunder in accordance with the manner and terms hereof, without any deduction whatsoever, without setoff, recoupment or counterclaim, each of which claim or defense hereby is waived.

Appears in 1 contract

Samples: Revolving Credit and Security Agreement (Covista Communications Inc)

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Promise to Pay; Manner of Payment. (a) Borrower absolutely and unconditionally promises to pay, when due and payable pursuant hereto, principal, interest and all other amounts and Obligations payable hereunder and under any other Loan Document, without any right of rescission and without any deduction whatsoever, including any deduction for set-off, recoupment or counterclaim, notwithstanding any damage to, defects in or destruction of the Collateral or any other event, including obsolescence of any property or improvements. Any payments made by Borrowers the Credit Parties (other than payments automatically paid through Advances under the Revolving Facility as provided herein), ) shall be made only by ACH or wire transfer on the date when due, without offset offset, deduction or counterclaim, in U.S. Dollars, counterclaim in immediately available funds to such account within the domestic United States as may be indicated in writing by Agent to Borrowers Borrower from time to time. Any such payment received after 4:00 p.m. 2:00p.m. (New York City time time) on any date shall be deemed received on the following next succeeding Business Day, and any applicable interest or fees shall continue to accrue in respect thereof. Whenever any payment hereunder under any Loan Document shall be stated to be due or shall become due and payable on a day other than a Business Day, the due date thereof shall be extended to, and such payment shall be made on, the next succeeding Business Day, and such extension of time in such case shall be included in the computation of payment of any interest (at the Revolving Interest Rate then interest rate in effect during such extension) and/or fees, as the case may be. All payments of principal, interest, fees, expenses and all other amounts hereunder shall be payable in Dollars. (b) Borrowers absolutely and unconditionally promise to pay the Obligations hereunder in accordance with the manner and terms hereof, without any deduction whatsoever, without setoff, recoupment or counterclaim, each of which claim or defense hereby is waived.

Appears in 1 contract

Samples: Revolving Facility Agreement (Evolving Systems Inc)

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