Order of Payments. Checks, drafts, transactions, and other items may not be processed in the order that you make them or in the order that we receive them. We may, at our discretion, pay a check, draft, or item, and execute other transactions on your account in any order we choose. The order in which we process checks, drafts, or items, and execute other transactions on your account may affect the total amount of overdraft fees that may be charged to your account. Please contact us if you have questions about how we pay checks or drafts and process transfers and withdrawals.
Order of Payments. We may determine the order of transactions we process with respect to your account, subject to any requirements at law. For example, if you have given us one or more payment instructions without a sufficient balance in the Wallet, we may use any funds we subsequently receive for the purposes of one or more of those payment instructions at our discretion, unless we accept instructions from you otherwise.
Order of Payments. Except as may be otherwise set forth with respect to Loans incurred in connection with any Refinancing Amendment, Term Loan Extension Request, or any Incremental Amendment, (i) each prepayment of Term Loans pursuant to this Section 2.12 shall be applied ratably to each Class of Term Loans then outstanding, except that the Borrower may direct that any proceeds of Refinancing Term Loans or Refinancing Equivalent Debt shall be applied to the Class or Classes of Term Loans being refinanced as selected by the Borrower (provided that any Class of Incremental Term Loans, Refinancing Term Loans or Extended Term Loans may specify that one or more other Classes of Term Loans may be prepaid prior to such Class of Incremental Term Loans, Refinancing Term Loans or Extended Term Loans); (ii) with respect to each Class of Term Loans, each prepayment pursuant to this Section 2.12 shall be applied as directed by the Borrower (or in the absence of direction from the Borrower, ratably to remaining installments of Term Loans and (iii) each such prepayment shall be paid to the Lenders of each Class of Term Loans in accordance with their respective Pro Rata Shares of such prepayment.
Order of Payments. If for any reason (including, but not limited to, the lack of sufficient Available Cash to satisfy the Corporation’s obligations to make all Tax Benefit Payments due in a particular Taxable Year under this Agreement) the Corporation does not fully satisfy its obligations to make all payments due under this Agreement in a particular Taxable Year, then (i) the TRA Holders shall receive payments under this Agreement in respect of such Taxable Year in the same proportion as they would have received if the Corporation had been able to fully satisfy its payment obligations, without favoring one TRA Holder over the other TRA Holders, and (ii) no payment under this Agreement shall be made in respect of any subsequent Taxable Year until all such payments under this Agreement in respect of the current and all prior Taxable Years have been made in full.
Order of Payments. This paragraph describes, generally, how we post transactions to accounts. Please note that this process may change from time to time, without prior notice to you. Our order of posting depends on a number of factors, including when a transaction occurs, whether it has already been approved by us or has become final, the order in which it is presented, the amount, system availability, potential risk of loss to the Bank, and the type of transaction in question, among other variables. Usually, deposits are posted before debits, and checks are posted at night in the order presented to us. There are several exceptions to this, however. We also generally process previously authorized transactions (e.g., checks cashed at the Bank), wires, transfers, Bank fees and ACH debits before we pay your checks. We always reserve the right to post transactions that are payable to us first, and we may post any transaction earlier or later in the process than indicated. As such, if you want to avoid an overdraft or the possibility of a rejected transaction, you should take steps to ensure that your account has sufficient funds to cover each of your transactions and our fees.
Order of Payments. The Lender may appropriate any payment received from you or money which is proceeds of the sale of the vehicle or of any land to be mortgaged against any debt owed by you in any manner that the Lender may decide, notwithstanding any purported appropriation you claim to have made or the fact that the time for payment of the amount has not arrived. To the extent allowed by the law, the Lender may from time to time without notice set off against any claim or demand which you may have any claim or demand which the Lender may have against you. Payment dates are based on the assumption that the loan is drawn down on the date of the contract. The dates of payment are to be linked to the actual date of advance and will be adjusted to correspond with this date if it differs from the date of contract. If the loan is not drawn down on the date of the contract, unless agreed otherwise by the parties in writing, the date the loan is drawn down may be referred to as the date of the contract when referred to in correspondence or the issuance of notices.
Order of Payments. If the amount of any covered Loss which is otherwise due and owing by the Insurer under this Coverage Part exceeds the then-remaining Limit of Liability of this Policy, the Insurer shall pay such Loss under this Coverage Part (subject to such Limit of Liability) in the following priority:
1. first, the Insurer shall pay Loss for which coverage is provided under Insuring Agreement A. of this Coverage Part; then
2. only after payment of Loss has been made pursuant to 1. above, with respect to whatever remaining amount of the Limit of Liability is available after such payment, at the written request of the chief executive officer, or equivalent officer, of the Named Insured, the Insurer shall either pay or withhold payment of such other Loss for which coverage is provided under Insuring Agreements B. and C. of this Coverage Part. In the event the Insurer withholds payment pursuant to Paragraph 2. above, then the Insurer shall at such time and in such manner as shall be set forth in written instructions from the Chief Executive Officer, or equivalent officer, of the Named Insured remit such payment to an Insured Entity or directly to or on behalf of an Insured Person. The Insurer’s liability with respect to any such delayed Loss payment shall not be increased, and shall not include any interest, on account of such delay. The bankruptcy or insolvency of any Insured Entity or any Insured Person shall not relieve the Insurer of any of its obligations to prioritize payment of covered Loss under this Coverage Part pursuant to this Section.
Order of Payments. Checks, drafts, items and other transactions are normally processed in the order that we receive them. However, we may, at our discretion, pay a check, draft or item and execute other transactions on your account in any order we choose. The order in which we process checks, drafts and items and execute other transactions on your account may affect the total amount of NSF fees that may be charged to your account. Please contact us if you have questions about how we pay checks or drafts and process transfers and withdrawals.
Order of Payments. In the event a Loss arising from a covered Claim for which payment is due under the provisions of this policy, then the Insurer shall in all events:
a. first, pay Loss of a natural person Insured for which coverage is provided under Insuring Agreement A or D of this policy; and then
b. only after payment of Loss has been made pursuant to (a) above, with respect to whatever remaining amount of the Limit of Liability is available after such payment, at the written request of the Named Insured, either pay or withhold such payment of such other Loss for which coverage is provided under Insuring Agreement B of this policy; and then
c. only after payment of Loss has been made pursuant to Clause (a) and (b) above, with respect to whatever remaining amount of the Limited of Liability is available after such payment, at the written request of the Named Insured, either pay or withhold payment of such other Loss for which coverage is provided under Insuring Agreement C of this policy. In the event the Insurer withholds payment pursuant to (b) and/or (c) above, then the Insurer shall, at such time and in such manner as shall be set forth in written instructions of the Named Insured, remit such payment to an Organization or directly to or on behalf of an Insured Person. The bankruptcy or insolvency of any Organization and/or entity Insured and/or any Insured Person shall not relieve the Insurer of any of its obligations to prioritize payment of covered Loss under this policy pursuant to this Clause.
Order of Payments. We always reserve the right to post transactions that are payable to us first, and we may post any transaction earlier or later in the process than indicated. As such, if you want to avoid an overdraft or the possibility of a rejected transaction, you should take steps to ensure that your account has sufficient funds to cover each of your transactions and our fees.
