Common use of ACH Payment Clause in Contracts

ACH Payment. All payments due and owing under this Agreement or any other Loan Documents shall be made by wire transfer to an account designated by Lender to Borrower from time to time, or at Lender’s election, shall be made through automated clearing house (“ACH”) transfers from the Borrower directly to Lender. In this regard, if Lender elects to receive payments through ACH, shall execute and deliver to Lender an authorization agreement for direct payments whereby, among other things, Lender shall be irrevocably authorized to initiate ACH transfers from the a payment account designated by Borrower to Lender in the amounts required or permitted under this Agreement and all other Loan Documents. Lender’s authorization for direct ACH transfers as hereby provided shall be irrevocable and such ACH transfers shall continue until all Obligations are paid in full. For so long as any Obligations remain outstanding, Borrower shall: (i) not revoke Lender’s authority to initiate ACH transfers as hereby contemplated; (ii) not change, modify, close or otherwise affect the designated payment account; (iii) deposit all revenues of any nature or kind whatsoever relating to Borrower or its business only into the designated payment account; and (iv) be responsible for all costs, expenses or other fees and charges incurred by Lender as a result of any failed or returned ACH transfers, whether resulting from insufficient sums being available in the designated payment account, or otherwise. Borrower shall undertake any and all required actions, execute any required documents, instruments or agreements, or to otherwise do any other thing required or requested by Lender in order to effectuate the requirements of this Section 2.3.6.

ACH Payment. All The Credit Parties agree that all payments due and owing under this Agreement or any other Loan Documents shall be made by wire transfer to an account designated by Lender to Borrower from time to time, or at Lender’s election, shall be made through automated clearing house (“ACH”) transfers from the Borrower Borrower’s designated operating account (the “Payment Account”) directly to Lender. In this regard, if the Lender elects to receive payments through ACH, shall the Borrower hereby agrees to execute and deliver to Lender an authorization agreement for direct payments whereby, among other things, Lender shall be irrevocably authorized to initiate ACH transfers from the a payment account designated by Borrower Payment Account to Lender in the amounts required or permitted under this Agreement and all other Loan Documents, including for scheduled payments of principal, interest and Premium due under the Promissory Note, and payment of all other fees or charges due under this Agreement or any other Loan Documents. Lender’s authorization for direct ACH transfers as hereby provided shall be irrevocable and such ACH transfers shall continue until all Obligations are paid in full. For so long as any Obligations remain outstanding, Borrower shall: (i) not revoke Lender’s authority to initiate ACH transfers as hereby contemplated; (ii) not change, modify, close or otherwise affect the designated payment accountPayment Account; (iii) deposit all revenues of any nature or kind whatsoever relating to Borrower or its business only into the designated payment accountPayment Account; and (iv) be responsible for all costs, expenses or other fees and charges incurred by Lender as a result of any failed or returned ACH transfers, whether resulting from insufficient sums being available in the designated payment accountPayment Account, or otherwise. Borrower shall The Credit Parties hereby agree to undertake any and all required actions, execute any required documents, instruments or agreements, or to otherwise do any other thing required or requested by Lender in order to effectuate the requirements of this Section 2.3.62.4(c).

ACH Payment. All The Credit Parties agree that all payments due and owing under this Agreement or any other Loan Documents shall be made by wire transfer to an account designated by Lender to Borrower from time to time, or at Lender’s election, shall be made through automated clearing house (“ACH”) transfers from the Borrower Borrower’s designated operating account (the “Payment Account”) directly to Lender. In this regard, if the Lender elects to receive payments through ACH, shall the Borrower hereby agrees to execute and deliver to Lender an authorization agreement for direct payments whereby, among other things, Lender shall be irrevocably authorized to initiate ACH transfers from the a payment account designated by Borrower Payment Account to Lender in the amounts required or permitted under this Agreement and all other Loan Documents, including for scheduled payments of principal and interest due under the Promissory Note, and payment of all other fees or charges due under this Agreement or any other Loan Documents. Lender’s authorization for direct ACH transfers as hereby provided shall be irrevocable and such ACH transfers shall continue until all Obligations are paid in full. For so long as any Obligations remain outstanding, Borrower shall: (i) not revoke Lender’s authority to initiate ACH transfers as hereby contemplated; (ii) not change, modify, close or otherwise affect the designated payment accountPayment Account; (iii) deposit all revenues of any nature or kind whatsoever relating to Borrower Credit Parties or its their business only into the designated payment accountPayment Account; and (iv) be responsible for all costs, expenses or other fees and charges incurred by Lender as a result of any failed or returned ACH transfers, whether resulting from insufficient sums being available in the designated payment accountPayment Account, or otherwise. Borrower shall The Credit Parties hereby agree to undertake any and all required actions, execute any required documents, instruments or agreements, or to otherwise do any other thing required or requested by Lender in order to effectuate the requirements of this Section 2.3.62.4(c).

ACH Payment. All The Borrower agrees that all payments due and owing under this Agreement or any other Loan Documents shall be made by wire transfer to an account designated by Lender to Borrower from time to time, or at Lender’s election, shall be made through automated clearing house (“ACH”) transfers from the Borrower Borrower’s designated operating account (the “Payment Account”) directly to Lender. In this regard, if the Lender elects to receive payments through ACH, shall the Borrower hereby agrees to execute and deliver to Lender an authorization agreement for direct payments whereby, among other things, Lender shall be irrevocably authorized to initiate ACH transfers from the a payment account designated by Borrower Payment Account to Lender in the amounts required or permitted under this Agreement and all other Loan Documents, including for scheduled payments of principal, interest and Premium due under the Promissory Note, and payment of all other fees or charges due under this Agreement or any other Loan Documents. Lender’s authorization for direct ACH transfers as hereby provided shall be irrevocable and such ACH transfers shall continue until all Obligations are paid in full. For so long as any Obligations remain outstanding, Borrower shall: (i) not revoke Lender’s authority to initiate ACH transfers as hereby contemplated; (ii) not change, modify, close or otherwise affect the designated payment accountPayment Account; (iii) deposit all revenues of any nature or kind whatsoever relating to Borrower or its business only into the designated payment accountPayment Account; and (iv) be responsible for all costs, expenses or other fees and charges incurred by Lender as a result of any failed or returned ACH transfers, whether resulting from insufficient sums being available in the designated payment accountPayment Account, or otherwise. The Borrower shall hereby agrees to undertake any and all required actions, execute any required documents, instruments or agreements, or to otherwise do any other thing required or requested by Lender in order to effectuate the requirements of this Section 2.3.62.4(c).

ACH Payment. All payments due and owing under this Notwithstanding anything contained in the Credit Agreement or any other Loan Documents to the contrary, from and after the date hereof, payment for all sums due under the Credit Agreement, the Third Replacement Note, and the other Loan Documents shall be made by wire transfer Borrower to an account designated by Lender through automatic debit payments to Borrower from time to time, or at Lender’s election, shall be made through to Lender from bank accounts of Borrower using automated clearing house (“ACH”) transfers from transfers. The Borrower shall, simultaneously with the Borrower directly to Lender. In execution of this regardAgreement, if Lender elects to receive payments through ACH, shall execute and deliver to Lender an authorization agreement for direct payments whereby, among other things, Lender shall be irrevocably authorized to initiate ACH transfers from a bank account as designated in any such ACH authorization agreement (the a payment account designated by Borrower “Payment Account”) to Lender in the amounts required or permitted under this Agreement Agreement, the Credit Agreement, and all other Loan Documents. Lender’s authorization for direct ACH transfers as hereby provided shall be irrevocable and such ACH transfers shall continue until all Obligations are paid in full. For so long as any Obligations remain outstanding, Borrower shall: (i) not revoke Lender’s authority to initiate ACH transfers as hereby contemplated; (ii) not change, modify, close close, or otherwise adversely affect the designated payment accountPayment Account; (iii) deposit insure that the Payment Account has sufficient funds at all revenues of any nature or kind whatsoever relating times to Borrower or its business only into make the designated payment accountpayments contemplated hereby; and (iv) be responsible for all costs, expenses expenses, or other fees and charges incurred by Lender as a result of any failed or returned ACH transfers, whether resulting from insufficient sums being available in the designated payment accountPayment Account, or otherwise. The Borrower shall hereby agrees to undertake any and all required actions, execute any required documents, instruments or agreements, or to otherwise do any other thing required or requested by Lender in order to effectuate the requirements of this Section 2.3.64(b).

ACH Payment. All payments due and owing under this Notwithstanding anything contained in the Credit Agreement or any other Loan Documents to the contrary, from and after the date hereof, payment for all sums due under the Credit Agreement, and the other Loan Documents, including this Agreement, shall be made by wire transfer Borrower to an account designated by Lender through automatic debit payments to Borrower from time to time, or at Lender’s election, shall be made through to Lender from bank accounts of Borrower using automated clearing house (“ACH”) transfers from transfers. The Borrower shall, simultaneously with the Borrower directly to Lender. In execution of this regardAgreement, if Lender elects to receive payments through ACH, shall execute and deliver to Lender an authorization agreement for direct payments whereby, among other things, Lender shall be irrevocably authorized to initiate ACH transfers from a bank account as designated in any such ACH authorization agreement (the a payment account designated by Borrower “Payment Account”) to Lender in the amounts required or permitted under this Agreement Agreement, the Credit Agreement, and all other Loan Documents. Lender’s authorization for direct ACH transfers as hereby provided shall be irrevocable and such ACH transfers shall continue until all Obligations are paid in full. For so long as any Obligations remain outstanding, Borrower shall: (i) not revoke Lender’s authority to initiate ACH transfers as hereby contemplated; (ii) not change, modify, close or otherwise affect the designated payment accountPayment Account; (iii) deposit insure that all revenues of any nature or kind whatsoever relating to Borrower or its business Receipts are deposited only into the designated payment accountPayment Account and insure that the Payment Account has sufficient funds at all times to make the payments contemplated hereby; and (iv) be responsible for all costs, expenses or other fees and charges incurred by Lender as a result of any failed or returned ACH transfers, whether resulting from insufficient sums being available in the designated payment accountPayment Account, or otherwise. The Borrower shall hereby agrees to undertake any and all required actions, execute any required documents, instruments or agreements, or to otherwise do any other thing required or requested by Lender in order to effectuate the requirements of this Section 2.3.64(d).

ACH Payment. All payments due and owing under this Notwithstanding anything contained in the Credit Agreement or any other Loan Documents to the contrary, from and after the date hereof, payment for all sums due under the Credit Agreement, the Settlement Agreement, as amended hereby, the Second Replacement Note, and the other Loan Documents shall be made by wire transfer Borrower to an account designated by Lender through automatic debit payments to Borrower from time to time, or at Lender’s election, shall be made through to Lender from bank accounts of Borrower using automated clearing house (“ACH”„) transfers from transfers. The Borrower shall, simultaneously with the Borrower directly to Lender. In execution of this regardAgreement, if Lender elects to receive payments through ACH, shall execute and deliver to Lender an authorization agreement for direct payments whereby, among other things, Lender shall be irrevocably authorized to initiate ACH transfers from a bank account as designated in any such ACH authorization agreement (the a payment account designated by Borrower “Payment Account„) to Lender in the amounts required or permitted under this Agreement the Settlement Agreement, as amended hereby, the Credit Agreement, the Second Replacement Note, and all other Loan Documents. Lender’s authorization for direct ACH transfers as hereby provided shall be irrevocable and such ACH transfers shall continue until all Obligations are paid in full. For so long as any Obligations remain outstanding, Borrower shall: (i) not revoke Lender’s authority to initiate ACH transfers as hereby contemplated; (ii) not change, modify, close or otherwise affect the designated payment accountPayment Account; (iii) deposit insure that all revenues of any nature or kind whatsoever relating to Borrower or its business Receipts are deposited only into the designated payment accountPayment Account and insure that the Payment Account has sufficient funds at all times to make the payments contemplated hereby; and (iv) be responsible for all costs, expenses or other fees and charges incurred by Lender as a result of any failed or returned ACH transfers, whether resulting from insufficient sums being available in the designated payment accountPayment Account, or otherwise. The Borrower shall hereby agrees to undertake any and all required actions, execute any required documents, instruments or agreements, or to otherwise do any other thing required or requested by Lender in order to effectuate the requirements of this Section 2.3.67(b).