Common use of Application of Payments and Proceeds Upon Default Clause in Contracts

Application of Payments and Proceeds Upon Default. If an Event of Default has occurred and is continuing, Bank shall have the right to apply in any order any funds in its possession, whether from Borrower account balances, payments, proceeds realized as the result of any collection of Accounts or other disposition of the Collateral, or otherwise, to the Obligations. Bank shall pay any surplus to Borrower by credit to the Designated Deposit Account or to other Persons legally entitled thereto; Borrower shall remain liable to Bank for any deficiency. If Bank, in its good faith business judgment, directly or indirectly, enters into a deferred payment or other credit transaction with any purchaser at any sale of Collateral, Bank shall have the option, exercisable at any time, of either reducing the Obligations by the principal amount of the purchase price or deferring the reduction of the Obligations until the actual receipt by Bank of cash therefor.

Appears in 6 contracts

Samples: Loan and Security Agreement (TrueCar, Inc.), Mezzanine Loan and Security Agreement (Ooma Inc), Mezzanine Loan and Security Agreement (Ooma Inc)

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Application of Payments and Proceeds Upon Default. If an Event of Default has occurred and is continuing, Bank shall have the right to Lender may apply in any order any funds in its possession, whether from Borrower account balances, payments, proceeds realized as the result of any collection of Accounts or other disposition of the Collateral, or otherwise, to the ObligationsObligations in such order as Lender shall determine in its sole discretion. Bank Any surplus shall pay any surplus be paid to Borrower by credit to the Designated Deposit Account or to other Persons legally entitled thereto; Borrower shall remain liable to Bank Lender for any deficiency. If BankLender, in its good faith business judgment, directly or indirectly, indirectly enters into a deferred payment or other credit transaction with any purchaser at any sale of Collateral, Bank Lender shall have the option, exercisable at any time, of either reducing the Obligations by the principal amount of the purchase price or deferring the reduction of the Obligations until the actual receipt by Bank Lender of cash therefor.

Appears in 5 contracts

Samples: Loan and Security Agreement (Channeladvisor Corp), Loan and Security Agreement (Interpace Biosciences, Inc.), Mezzanine Loan and Security Agreement (Impinj Inc)

Application of Payments and Proceeds Upon Default. If an Event of Default has occurred and is continuing, Bank shall have the right to Holder may apply in any order any funds in its possession, whether from Borrower Maker account balances, payments, proceeds realized as the result of any collection of Accounts or other disposition of the Collateral, or otherwise, to the ObligationsObligations in such order as Holder shall determine in its sole discretion. Bank Any surplus shall pay any surplus be paid to Borrower by credit to the Designated Deposit Account Maker or to other Persons legally entitled thereto; Borrower Maker shall remain liable to Bank Holder for any deficiency. If BankHolder, in its good faith business judgment, directly or indirectly, indirectly enters into a deferred payment or other credit transaction with any purchaser at any sale of Collateral, Bank Holder shall have the option, exercisable at any time, of either reducing the Obligations by the principal amount of the purchase price or deferring the reduction of the Obligations until the actual receipt by Bank Holder of cash therefor.

Appears in 4 contracts

Samples: Loan and Security Agreement (US Dry Cleaning Services Corp), Loan and Security Agreement (US Dry Cleaning Services Corp), Loan and Security Agreement (US Dry Cleaning Services Corp)

Application of Payments and Proceeds Upon Default. If an Event of Default has occurred and is continuing, Bank shall have the right to may apply in any order any funds in its possession, whether from Borrower account balances, payments, proceeds realized as the result of any collection of Accounts or other disposition of the Collateral, or otherwise, to the Obligations. Obligations in such order as Bank shall pay any determine in its sole discretion. Any surplus shall be paid to Borrower by credit to the Designated Deposit Account or to other Persons legally entitled thereto; : Borrower shall remain liable to Bank for any deficiency. If Bank, in its good faith business judgment, directly or indirectly, indirectly enters into a deferred payment or other credit transaction with any purchaser at any sale of Collateral, . Bank shall have the option, exercisable at any time, of either reducing the Obligations by the principal amount of the purchase price or deferring the reduction of the Obligations until the actual receipt by Bank of cash therefor.

Appears in 3 contracts

Samples: Loan and Security Agreement (Cornerstone OnDemand Inc), Loan and Security Agreement (Cornerstone OnDemand Inc), Loan and Security Agreement (Cornerstone OnDemand Inc)

Application of Payments and Proceeds Upon Default. If an Event of Default has occurred and is continuing, Bank shall have the right to may apply in any order any funds in its possession, whether from Borrower account balances, payments, proceeds realized as the result of any collection of Accounts or other disposition of the Collateral, or otherwise, to the Obligations. Obligations in such order as Bank shall pay any determine in its sole discretion. Any surplus shall be paid to Borrower by credit to the Designated Deposit Account Borrowers or to other Persons legally entitled thereto; Borrower Borrowers shall remain liable to Bank for any deficiency. If Bank, in its good faith business judgment, directly or indirectly, indirectly enters into a deferred payment or other credit transaction with any purchaser at any sale of Collateral, Bank shall have the option, exercisable at any time, of either reducing the Obligations by the principal amount of the purchase price or deferring the reduction of the Obligations until the actual receipt by Bank of cash therefor.

Appears in 3 contracts

Samples: Loan and Security Agreement (TrueCar, Inc.), Loan and Security Agreement (Sequenom Inc), Loan and Security Agreement (TrueCar, Inc.)

Application of Payments and Proceeds Upon Default. If an Event of Default has occurred and is continuing, Bank shall have the right to may apply in any order any funds in its possession, whether from Borrower account balances, payments, proceeds realized as the result of any collection of Accounts or other disposition of the Collateral, or otherwise, to the Obligations. Obligations in such order as Bank shall pay any determine in its sole discretion. Any surplus shall be paid to Borrower by credit to the Designated Deposit Account or to other Persons legally entitled thereto; Borrower shall remain liable to Bank for any deficiency. If Bank, in its good faith business judgment, directly or indirectly, indirectly enters into a deferred payment or other credit transaction with any purchaser at any sale of CollateralCollateral upon the occurrence of and during the continuation of an Event of Default, Bank shall have the option, exercisable at any time, of either reducing the Obligations by the principal amount of the purchase price or deferring the reduction of the Obligations until the actual receipt by Bank of cash therefor.

Appears in 2 contracts

Samples: Loan and Security Agreement (Zendesk, Inc.), Loan and Security Agreement (Zendesk, Inc.)

Application of Payments and Proceeds Upon Default. If an Event of Default has occurred and is continuing, Bank shall have the right to apply in any order any funds in its possession, whether from Borrower account balances, payments, proceeds realized as the result of any collection of Accounts or other disposition of the Collateral, or otherwise, to the Obligations. Bank shall pay any surplus to Borrower by credit to the Designated Deposit Account or to other Persons legally entitled thereto; Borrower shall remain liable to Bank for any deficiency. If Bank, in its good faith business judgmentfaith, directly or indirectly, enters into a deferred payment or other credit transaction with any purchaser at any sale of Collateral, Bank shall have the option, exercisable at any time, of either reducing the Obligations by the principal amount of the purchase price or deferring the reduction of the Obligations until the actual receipt by Bank of cash therefor.

Appears in 2 contracts

Samples: Loan and Security Agreement (TerraVia Holdings, Inc.), Loan and Security Agreement (TerraVia Holdings, Inc.)

Application of Payments and Proceeds Upon Default. If an Event of Default has occurred and is continuing, Bank shall have the right to may apply in any order any funds in its possession, whether from Borrower account balances, payments, proceeds realized as the result of any collection of Accounts or other disposition of the Collateral, or otherwise, to the Obligations. Obligations in such order as Bank shall pay any determine in its sole discretion. Any surplus shall be paid to Borrower by credit to the Designated Deposit Account or to other Persons legally entitled thereto; Borrower shall remain liable to Bank for any deficiency. If Bank, in its good faith business judgment, directly or indirectly, indirectly enters into a deferred payment or other credit transaction with any purchaser at any sale of Collateral, Bank shall have the option, exercisable at any time, of either reducing the Obligations by the principal amount of the purchase price or deferring the reduction of the Obligations until the actual receipt by Bank of cash therefor.

Appears in 2 contracts

Samples: Loan and Security Agreement (Evoke Pharma Inc), Loan and Security Agreement (Evoke Pharma Inc)

Application of Payments and Proceeds Upon Default. If an Event of Default has occurred and is continuing, Bank shall have the right to may apply in any order any funds in its possession, whether from Borrower account balances, payments, proceeds realized realised as the result of any collection of Accounts or other disposition of the Collateral, or otherwise, to the Obligations. Obligations in such order as Bank shall pay any determine in its sole discretion. Any surplus shall be paid to Borrower by credit to the Designated Deposit Account or to other Persons legally entitled thereto; Borrower shall remain liable to Bank for any deficiency. If Bank, in its good faith business judgmentjudgement, directly or indirectly, indirectly enters into a deferred payment or other credit transaction with any purchaser at on any sale of Collateral, Bank shall have the option, exercisable at any time, of either reducing the Obligations by the principal amount of the purchase price or deferring the reduction of the Obligations until the actual receipt by Bank of cash therefor.

Appears in 1 contract

Samples: Loan Agreement (Mimecast LTD)

Application of Payments and Proceeds Upon Default. If an Event of Default has occurred and is continuing, . Bank shall have the right to may apply in any order any funds in its possession, whether from Borrower account balances, payments, proceeds realized as the result of any collection of Accounts or other disposition of the Collateral, or otherwise, to the Obligations. Obligations in such order as Bank shall pay any determine in its sole discretion, Any surplus shall be paid to Borrower by credit to the Designated Deposit Account or to other Persons legally entitled thereto; Borrower shall remain liable to Bank for any deficiency. If Bank, in its good faith business judgment, directly or indirectly, indirectly enters into a deferred payment or other credit transaction with any purchaser at any sale of Collateral, Bank shall have the option, exercisable at any time, of either reducing the Obligations by the principal amount of the purchase price or deferring the reduction of the Obligations until the actual receipt by Bank of cash therefor.

Appears in 1 contract

Samples: Loan and Security Agreement (Eleven Biotherapeutics, Inc.)

Application of Payments and Proceeds Upon Default. If an Event Pursuant to the terms of Default has occurred and is continuingSection 6.3(c), Bank shall have the right to apply in any order any funds in its possession, whether from Borrower account balances, payments, proceeds realized as the result of any collection of Accounts or other disposition of the Collateral, or otherwise, to the Obligations. Obligations in such order as Bank shall pay any determine in its sole discretion. Any surplus shall be paid to Borrower by credit to the Designated Deposit Account or to other Persons legally entitled thereto; Borrower shall remain liable to Bank for any deficiency. If Bank, in its good faith business judgment, directly or indirectly, indirectly enters into a deferred payment or other credit transaction with any purchaser at any sale of Collateral, Bank shall have the option, exercisable at any time, of either reducing the Obligations by the principal amount of the purchase price or deferring the reduction of the Obligations until the actual receipt by Bank of cash therefor.

Appears in 1 contract

Samples: Loan and Security Agreement (Sajan Inc)

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Application of Payments and Proceeds Upon Default. If an Event of Default has occurred and is continuing, Bank shall have the right to may apply in any order any funds in its possession, whether from Co-Borrower account balances, payments, proceeds realized as the result of any collection of Accounts or other disposition of the Collateral, or otherwise, to the Obligations. Obligations in such order as Bank shall pay any determine in its sole discretion. Any surplus shall be paid to Borrower by credit to the Designated Deposit Account Co-Borrowers or to other Persons legally entitled thereto; Borrower Co-Borrowers shall remain liable to Bank for any deficiency. If Bank, in its good faith business judgment, directly or indirectly, indirectly enters into a deferred payment or other credit transaction with any purchaser at any sale of Collateral, Bank shall have the option, exercisable at any time, of either reducing the Obligations by the principal amount of the purchase price or deferring the reduction of the Obligations until the actual receipt by Bank of cash therefor.

Appears in 1 contract

Samples: Loan Agreement (TEKMIRA PHARMACEUTICALS Corp)

Application of Payments and Proceeds Upon Default. If an Event of Default has occurred and is continuing, Bank shall have the right to apply in any order any funds in its possession, whether from Borrower account balances, payments, proceeds realized as the result of any collection of Accounts or other disposition of the Collateral, or otherwise, to the Obligations. Bank shall pay any surplus to Borrower by credit to the Designated Deposit Account or other account designated in writing by Borrower or to other Persons legally entitled thereto; Borrower shall remain liable to Bank for any deficiency. If Bank, in its good faith business judgment, directly or indirectly, enters into a deferred payment or other credit transaction with any purchaser at any sale of Collateral, Bank shall have the option, exercisable at any time, of either reducing the Obligations by the principal amount of the purchase price or deferring the reduction of the Obligations until the actual receipt by Bank of cash therefor.

Appears in 1 contract

Samples: Loan and Security Agreement (Digital Turbine, Inc.)

Application of Payments and Proceeds Upon Default. If an Event of Default has occurred and is continuing, Bank shall have the right to may apply in any order any funds in its possession, whether from Borrower account balances, payments, proceeds realized as the result of any collection of Accounts or other disposition of the Collateral, or otherwise, to the ObligationsObligations in such order as Bank shall determine in its sole discretion. Bank shall pay any surplus to Borrower by credit to the Designated Deposit Account or to other Persons legally entitled thereto; Borrower shall remain liable to Bank for any deficiency. If Bank, in its good faith business judgment, directly or indirectly, indirectly enters into a deferred payment or other credit transaction with any purchaser at any sale of Collateral, Bank shall have the option, exercisable at any time, of either reducing the Obligations by the principal amount of the purchase price or deferring the reduction of the Obligations until the actual receipt by Bank of cash therefor.

Appears in 1 contract

Samples: Loan and Security Agreement (Millennial Media Inc.)

Application of Payments and Proceeds Upon Default. If an Event of Default has occurred and is continuing, Bank shall have the right to may apply in any order any funds in its possession, whether from Borrower account balances, payments, proceeds realized as the result of any collection of Accounts or other disposition of the Collateral, or otherwise, to the Obligations. Obligations in such order as Bank shall pay any determine in its sole discretion, Any surplus shall be paid to Borrower by credit to the Designated Deposit Account or to other Persons legally entitled thereto; Borrower shall remain liable to Bank for any deficiency. If Bank, in its good faith business judgment, directly or indirectly, indirectly enters into a deferred payment or other credit transaction with any purchaser at any sale of Collateral, Bank shall have the option, exercisable at any time, of either reducing the Obligations by the principal amount of the purchase price or deferring the reduction of the Obligations until the actual receipt by Bank of cash therefor.

Appears in 1 contract

Samples: Loan and Security Agreement (aTYR PHARMA INC)

Application of Payments and Proceeds Upon Default. If an Event of Default has occurred and is continuing, Bank shall have the right to may apply in any order any funds in its possession, whether from Borrower account balances, payments, proceeds realized as the result of any collection of Accounts accounts or other disposition of the Collateral, or otherwise, to the Obligations. Obligations in such order as Bank shall pay any determine in its sole discretion. Any surplus shall be paid to Borrower by credit to the Designated Deposit Account or to other Persons legally entitled thereto; Borrower shall remain liable to Bank for any deficiency. If Bank, in its good faith business judgmentjudgement, directly or indirectly, indirectly enters into a deferred payment or other credit transaction with any purchaser at on any sale of Collateral, Bank shall Bankshall have the option, exercisable at any time, of either reducing the Obligations by the principal amount of the purchase price or deferring the reduction of the Obligations until the actual receipt by Bank of cash therefor.

Appears in 1 contract

Samples: Loan Agreement (Affimed N.V.)

Application of Payments and Proceeds Upon Default. If an Event of Default has occurred and is continuing, Bank shall have the right to may apply in any order any funds in its possession, whether from Borrower account balances, payments, proceeds realized as the result of any collection of Accounts or other disposition of the Collateral, or otherwise, to the ObligationsObligations in the order specified in Section 2.5(c). Bank Any surplus shall pay any surplus be paid to Borrower by credit to the Designated Deposit Account or to other Persons legally entitled thereto; Borrower shall remain liable to Bank and to any Secured Swap Provider for any deficiency. If Bank, in its good faith business judgment, directly or indirectly, indirectly enters into a deferred payment or other credit transaction with any purchaser at any sale of Collateral, Bank shall have the option, exercisable at any time, of either reducing the Obligations by the principal amount of the purchase price or deferring the reduction of the Obligations until the actual receipt by Bank of cash therefor.

Appears in 1 contract

Samples: Loan and Security Agreement (Jive Software, Inc.)

Application of Payments and Proceeds Upon Default. If an Event of Default has occurred and is continuing, Bank shall have the right to may apply in any order any funds in its possession, whether from Borrower account balances, payments, proceeds realized as the result of any collection of Accounts or other disposition of the Collateral, or otherwise, to the Obligations. Obligations in such order as Bank shall pay any determine in its sole discretion. Any surplus shall be paid to Borrower by credit to the Designated Deposit Account or to other Persons legally entitled thereto; Borrower shall remain liable to Bank for any deficiency. If Bank, in its good faith business judgment, directly or indirectly, indirectly enters into a deferred payment or other credit transaction with any purchaser at any sale of Collateral, Bank shall have the option, exercisable at any time, of either reducing the Obligations by the principal amount of the purchase price or deferring the reduction of the Obligations until the actual receipt by Bank of cash therefor.

Appears in 1 contract

Samples: Loan and Security Agreement (Mercury Computer Systems Inc)

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