AVOIDANCE OF PAYMENTS definition

AVOIDANCE OF PAYMENTS. Each Obligor shall on demand indemnify the Facility Agent and each Senior Finance Party against any funding or other cost, loss, expense or liability sustained or incurred by it as a result of it being required for any reason to refund all or part of any amount received or recovered by it from such Obligor in respect of any sum payable by any Borrower under this Agreement.
AVOIDANCE OF PAYMENTS. The Guarantor shall on demand indemnify the relevant Holder against any cost, loss, expense or liability sustained or incurred by it as a result of it being required for any reason (including any bankruptcy, insolvency, winding-up, dissolution or similar law or any jurisdiction) to refund all or part of any amount received or recovered by it in respect of any sum payable by the Issuer under this Note or the Coupons relating to it and shall in any event pay to it on demand the amount as refunded by it.
AVOIDANCE OF PAYMENTS. No assurance, Security, guarantee or payment which may be avoided under any law relating to bankruptcy, insolvency, Administration or Winding-up (including Section 238, 239, 242, 243 or 245 of the Insolvency Act) and no release, settlement, discharge or arrangement given or made by the Agent, any Bank or the Issuing Bank on the faith of any such assurance, Security, guarantee or payment, shall prejudice or affect the right of the Agent to enforce the Charges to the full extent of the Liabilities or any other Rights which the Agent, any Bank or the Issuing Bank may have in respect of the Liabilities or any part thereof. The Company agrees that in such circumstances the Charges and this Debenture shall be deemed to have remained in full force and effect notwithstanding any such assurance, Security, guarantee, payment, release, settlement, discharge or arrangement.

Examples of AVOIDANCE OF PAYMENTS in a sentence

  • OF AVOIDANCE OF PAYMENTS The Guardian shall on demand indemnify us immediately against our funding or other cost, loss, expense or liability sustained or incurred by us if any payment by the Cardmember and/or the Guardian or any discharge given by us (whether in respect of the obligations of the Cardmember and/or the Guardian or any security for those obligations or otherwise) is avoided or reduced for any reason including as a result of insolvency, breach of fiduciary or statutory duties.

  • AVOIDANCE OF PAYMENTS.....................................................................

  • CUMULATIVE POWERS AND AVOIDANCE OF PAYMENTS 7.1 The powers which this guarantee confers on the Operator are cumulative, without prejudice to its powers under the general law, and may be exercised as often as the Operator thinks appropriate.

  • Also, in this paper the effect of voltage flicker on the voltage arc furnace is analyzed di-first describes the increasing current I(t), and the sec- ond the decreasing current (d).

  • CUMULATIVE POWERS AND AVOIDANCE OF PAYMENTS 38 23.1 Cumulative Powers 38 23.2 Amounts Avoided 38 23.3 Discharge Conditional 38 24.


More Definitions of AVOIDANCE OF PAYMENTS

AVOIDANCE OF PAYMENTS. Each Chargor shall on demand indemnify Nextera against any funding or other cost, charge, loss, liability or expense (including loss of profit) expended, paid, incurred or debited in account by Nextera as a result of Nextera being required for any reason (including any Bankruptcy, Winding-up, insolvency or similar law of any jurisdiction) to refund all or part of any amount received or recovered by it in respect of any of the Liabilities of that Chargor or any liability the discharge of which is, directly or indirectly, guaranteed or otherwise secured by that Chargor and shall in any event pay to Nextera on demand the amount so refunded by it.
AVOIDANCE OF PAYMENTS. No assurance, Security, guarantee or payment which may be avoided under any law relating to Bankruptcy, insolvency or Winding-up (including but not limited to Sections 238, 239, 339, 340, 345 or 423 of the Insolvency Act) and no release, settlement, discharge or arrangement given or made by Nextera on the faith of any such assurance, Security, guarantee or payment, shall prejudice or affect the right of Nextera to enforce the Charges to the full extent of the Liabilities or any other Rights which Nextera may have in respect of the Liabilities or any part thereof. Each Chargor agrees that in such circumstances the Charges and this Charge shall be deemed to have remained in full force and effect notwithstanding any such assurance, Security, guarantee, payment, release, settlement, discharge or arrangement. Without prejudice to the foregoing, Nextera shall be entitled to retain this Charge and shall not be obliged to release the Charged Assets from the Charges until the expiry of a period of one month plus such statutory period within which any assurance, Security, guarantee or payment can be avoided or invalidated after the Liabilities shall have been discharged in full if it appears to Nextera (acting reasonably) that there is a material risk of such avoidance or invalidation. If at any time within such period:

Related to AVOIDANCE OF PAYMENTS

  • Schedule of Payments means the schedule of payments disclosed on a Contract.

  • Tariff Payment means the payments to be made under Monthly Bills as referred to in Article 10 and the relevant Supplementary Bills;

  • Contingent Payments has the meaning set forth in Section 2.3(d).

  • Debt Payments means for any period, in each case, all cash actually expended by any Borrower to make: (a) interest payments on any Advances hereunder, plus (b) scheduled principal payments on the Equipment Loans plus (c) scheduled principal payments on the Term Loans plus (d) payments for all fees, commissions and charges set forth herein, plus (e) payments on Capitalized Lease Obligations, plus (f) payments with respect to any other Indebtedness for borrowed money.

  • Basic Rate of Pay means the incremental step in the Salaries Schedule applicable to an Employee in accordance with the terms of this Collective Agreement, exclusive of all premium payments.

  • Date of Payment means the date on which NYSERDA requisitions a check from its statutory fiscal agent, the Department of Taxation and Finance, to make a Payment.

  • Guaranty of Payment means each Guaranty of Payment executed and delivered on or after the Closing Date in connection with this Agreement by the Guarantors of Payment, as the same may from time to time be amended, restated or otherwise modified.

  • Restricted Debt Payments has the meaning set forth in Section 6.04(b).

  • Excluded Payments means (i) indemnity payments paid or payable by Lessee to or in respect of the Owner Participant or the Owner Trustee in its individual capacity, their respective Affiliates, successors and permitted assigns and their directors, officers, employees, servants and agents (collectively, the "Owner Indemnitees") pursuant to Sections 7(b), 7(c), 16 and 17 of the Participation Agreement, (ii) proceeds of public liability insurance in respect of the Aircraft payable as a result of insurance claims made, or losses suffered, by the Owner Trustee or the Indenture Trustee in their respective individual capacities or by any of the Owner Indemnitees, (iii) proceeds of insurance maintained with respect to the Aircraft by the Owner Participant (whether directly or through the Owner Trustee) or any other Owner Indemnitee and permitted under Section 11(e) of the Lease, (iv) all payments required to be made under the Tax Indemnity Agreement by Lessee and all payments of Supplemental Rent by Lessee in respect of any amounts payable under the Tax Indemnity Agreement, (v) fees payable to the Owner Trustee or the Indenture Trustee pursuant to the last sentence of Section 7(c) of the Participation Agreement, (vi) provided that the Secured Certificates shall have been duly assumed by Lessee pursuant to Section 2.13 hereof, the amounts payable to the Owner Trustee pursuant to the third sentence of Section 19(d) of the Lease plus all reasonable expenses incurred by the Owner Trustee and the Owner Participant in connection with such assumption, as applicable, (vii) any payment of the foregoing under the Guarantee, (viii) interest accrued on any of the above, and (ix) any right to enforce the payment of any amount described in clauses (i) through (viii) above and the right to declare an Event of Default in respect of any of the foregoing amounts.

  • Event Payments has the meaning set forth in Section 6.1(d).

  • Place of Payment when used with respect to the Securities of any series, means the place or places where the principal of and any premium and interest on the Securities of that series are payable as specified as contemplated by Section 301.

  • Monthly Excess Interest Amount With respect to each Distribution Date, the amount, if any, by which the Interest Funds for such Distribution Date exceeds the aggregate amount distributed on such Distribution Date pursuant to Section 4.04(b) (other than the last clause thereof).

  • Agent Payment Account means account no. 5000000030266 of Agent at Wachovia Bank, National Association, or such other account of Agent as Agent may from time to time designate to Administrative Borrower as the Agent Payment Account for purposes of this Agreement and the other Financing Agreements.

  • weekly rate of pay means an employee’s annual rate of pay divided by 52.176.

  • Deferred Payments means any severance pay or benefits to be paid or provided to Executive (or Executive’s estate or beneficiaries) pursuant to this Agreement and any other severance payments or separation benefits to be paid or provided to Executive (or Executive’s estate or beneficiaries), that in each case, when considered together, are considered deferred compensation under Section 409A.

  • Interest Subsidy Payments means payments, designated as such, consisting of interest subsidies by the Department in respect of the Trust Student Loans to the Eligible Lender Trustee on behalf of the Trust in accordance with the Higher Education Act.

  • FILOT Payments means the amount paid or to be paid in lieu of ad valorem property taxes as provided herein.

  • Excess Penalty Charges With respect to any Serviced Loan and any Collection Period, the sum of (A) the excess of (i) any and all Penalty Charges collected in respect of such Serviced Loan during such Collection Period, over (ii) all unpaid or unreimbursed Advances and Additional Trust Fund Expenses (including, without limitation, interest on Advances to the extent not otherwise paid or reimbursed by the related Mortgagor, but excluding Special Servicing Fees, Workout Fees and Liquidation Fees) outstanding or previously incurred on behalf of the Trust (and, if applicable, the related Serviced Companion Loan Holder) with respect to such Serviced Loan and reimbursed from such Penalty Charges (which such Advances and Additional Trust Fund Expenses shall be reimbursed from such Penalty Charges) in accordance with Section 3.14 of this Agreement and (B) Advances and expenses previously paid or reimbursed from Penalty Charges as described in the immediately preceding clause (A), which Advances and expenses have been recovered from the related Mortgagor or otherwise.

  • Policy Payments Account means a separate special purpose trust account that is an Eligible Account, for the benefit of Holders of the Notes and the Credit Enhancer over which the Indenture Trustee has exclusive control and sole right of withdrawal.

  • Base Rate of Pay means the rate of pay payable to the Employee for their Ordinary Hours of work, but not including any of the following:

  • Actual Rate of Pay means, unless and until the Agency Worker has completed the Qualifying Period, the rate of pay which will be paid for all time worked during an Assignment for each hour worked, as set out in the relevant Assignment Details Form;

  • Excess Interest Amount means, on any date, the amount by which (i) the amount of all interest which would have accrued prior to such date on the principal of this Note, had the applicable Contract Rate at all times been in effect without limitation by the Maximum Rate, exceeds (ii) the aggregate amount of interest accrued on this Note on or prior to such date as limited by the Maximum Rate.

  • Special Allowance Payments means payments, designated as such, consisting of effective interest subsidies by the Department in respect of the Trust Student Loans to the Eligible Lender Trustee on behalf of the Trust in accordance with the Higher Education Act.

  • Payments has the meaning set forth in Section 8.11.

  • Loss Adjustment Expenses means all costs and expenses incurred by the Company in the investigation, adjustment and settlement of claims. Loss adjustment expenses include third-party costs as well as the Company’s internal expenses, including salaries and expenses of loss management personnel and certain administrative costs.