Common use of Direct Payment Clause in Contracts

Direct Payment. (a) The Issuer will pay or cause to be paid all amounts payable with respect to any Note (without any presentment of such Note and without any notation of such payment being made thereon) by crediting (before 1:00 p.m., New York time), by intra-bank or Federal funds bank wire transfer in same day funds in U.S. Dollars to each Holder’s account in any bank in the United States as may be designated and specified in writing by such Holder at least two Business Days prior thereto. (b) Notwithstanding anything to the contrary contained in the Notes, if any principal amount payable with respect to a Note is payable, at maturity, upon redemption, or otherwise, on a day which is not a Business Day, then the Issuer shall pay such amount on the next succeeding Business Day, and interest shall accrue on such amount until the date on which such amount is paid and payment of such accrued interest shall be made concurrently with the payment of such amount; provided that the Issuer may elect to pay in full (but not in part) any such amount on the last Business Day prior to the date such payment otherwise would be due, and no such additional interest shall accrue on such amount. Notwithstanding anything to the contrary contained in the Notes, if any interest payable with respect to a Note is payable on a day which is not a Business Day, then the Issuer may elect to pay in full (but not in part) any such interest on the last Business Day prior to the date such payment otherwise would be due, and such diminution in time shall be included in the computation of the interest payment.

Appears in 2 contracts

Sources: Equity Purchase Agreement (ARC Properties Operating Partnership, L.P.), Equity Purchase Agreement (RCS Capital Corp)

Direct Payment. (a) The Issuer Company will pay or cause to be paid all amounts payable with respect to any the Note (without any presentment of such Note and without any notation of such payment being made thereon) by crediting (before 1:00 p.m.11:00 a.m., New York time), by intra-bank or Federal federal funds bank wire transfer in same day funds in U.S. Dollars to each Holder’s 's account in any bank in the United States as may be designated and specified in writing by such Holder at least two Business Days prior thereto. Your initial bank account for this purpose is on Schedule 3.3 hereto. (b) Notwithstanding anything to the contrary contained in the NotesNote, if any principal amount payable with respect to a Note is payable, at maturity, upon redemption, or otherwise, payable on a day which is not a Business DayLegal Holiday, then the Issuer Company shall pay such amount on the next succeeding Business Day, and interest shall accrue on such amount until the date on which such amount is paid and payment of such accrued interest shall be made concurrently with the payment of such amount; , provided that the Issuer Company may elect to pay in full (but not in part) any such amount on the last Business Day prior to the date such payment otherwise would be due, and no such additional interest shall accrue on such amount. Notwithstanding anything to the contrary contained in the Notes, if any interest payable with respect to a Note is payable on a day which is not a Legal Holiday, then the Company shall pay such interest on the next succeeding Business Day, then and such extension of time shall be included in the Issuer computation of the interest payment, provided that the Company may elect to pay in full (but not in part) any such interest on the last Business Day prior to the date such payment otherwise would be due, and such diminution in time shall be included in the computation of the interest payment.

Appears in 2 contracts

Sources: Note Purchase Agreement (Alliance Imaging Inc /De/), Note Purchase Agreement (Alliance Imaging Inc /De/)

Direct Payment. (a) The Issuer Company will pay or cause to be paid all amounts payable in cash with respect to any Note (without any presentment of such Note and without any notation of such payment being made thereon) by crediting (before 1:00 3:00 p.m., New York timetime on the date when due in accordance with this Agreement and the Note), by intra-bank or Federal federal funds bank wire transfer in same day funds in U.S. Dollars to each Holder’s account in any bank in the United States as may be designated and specified in writing by such Holder at least two Business Days prior theretoto the applicable payment. Each Purchaser’s initial bank account for this purpose is on such Purchaser’s signature page hereto, and if no notice is given pursuant to the previous sentence hereof, such transfer shall be made to such initial bank account. (b) Notwithstanding anything to the contrary contained in the Notes, if any principal amount payable with respect to a Note is payable, at maturity, upon redemption, or otherwise, payable on a day which is not a Business DayLegal Holiday, then the Issuer shall Company will pay such amount on the next succeeding Business Day, and interest shall will accrue on such amount until up to, but excluding, the date on which such amount is paid and payment of such accrued interest shall will be made concurrently with the payment of such amount; provided that the Issuer Company may elect to pay in full (but not in part) any such amount on the last Business Day prior to the date such payment otherwise would be due, and no such additional interest shall will accrue on such amount. . (c) Notwithstanding anything to the contrary contained in the Notes, if any interest payable with respect to a Note is payable on a day which is not a Business DayLegal Holiday, then the Issuer Company will pay such amount on the next succeeding Business Day. In such event, the interest amount payable will include interest calculated from the last scheduled interest payment date up to but excluding such next succeeding Business Day; provided that the Company may elect to pay in full (but not in part) any such interest amount on the last Business Day prior to the date such payment otherwise would be due, and no such diminution in time shall be included in the computation of the additional interest paymentwill accrue on such amount.

Appears in 2 contracts

Sources: Purchase Agreement (NextWave Wireless Inc.), Note Purchase Agreement (NextWave Wireless Inc.)

Direct Payment. (a) The Issuer will punctually pay or cause to be paid all amounts payable when required hereunder the principal of the Notes, interest thereon due with respect to said principal, or any Note amounts otherwise payable in respect of the Notes (including but not limited to any Make-Whole Premium) without any presentment of thereof, directly to the Purchaser or to such Note and without any notation of permitted subsequent Holder at the bank account the Purchaser or such payment being made thereon) by crediting (before 1:00 p.m., New York time), by intra-bank or Federal funds bank wire transfer in same day funds in U.S. Dollars to each Holder’s account in any bank in the United States as may be designated and specified permitted subsequent Holder shall designate in writing by to Issuer prior to such payment. Issuer will make such payments in immediately available funds to such bank account, marked for attention as indicated, or in such other manner as the Purchaser or any such permitted subsequent Holder at least two Business Days prior theretomay from time to time direct in writing. (b) Notwithstanding anything to the contrary contained in the Notes, if any principal amount payable with respect to a Note is payable, at maturity, upon redemption, or otherwise, payable on a day which is not a Business DayLegal Holiday, then the Issuer shall will pay such amount on the next succeeding Business Day, and interest shall will accrue on such amount until up to, but excluding, the date on which such amount is paid and payment of such accrued interest shall will be made concurrently with the payment of such amount; provided that the Issuer may elect to pay in full (but not in part) any such amount on the last Business Day prior to the date such payment otherwise would be due, and no such additional interest shall will accrue on such amount. . (c) Notwithstanding anything to the contrary contained in the Notes, if any interest payable with respect to a Note is payable on a day which is not a Legal Holiday, then Issuer will pay such amount on the next succeeding Business Day, then the Issuer may elect to pay in full (but not in part) any such interest on the last Business Day prior to the date such payment otherwise would be due, and such diminution in time shall be included in the computation of the interest payment.

Appears in 2 contracts

Sources: Note Purchase Agreement (Morgan Stanley), Note Purchase Agreement (Full Alliance International LTD)

Direct Payment. (a) The Issuer Company will pay or cause to be paid all amounts payable in cash with respect to any Note (without any presentment of such Note and without any notation of such payment being made thereon) by crediting (before 1:00 3:00 p.m., New York timetime on the date when due in accordance with this Agreement and the Note), by intra-bank or Federal federal funds bank wire transfer in same day funds in U.S. Dollars to each Holder’s 's account in any bank in the United States as may be designated and specified in writing by such Holder at least two Business Days prior theretoto the applicable payment. Each Purchaser's initial bank account for this purpose is on such Purchaser's signature page hereto, and if no notice is given pursuant to the previous sentence hereof, such transfer shall be made to such initial bank account. (b) Notwithstanding anything to the contrary contained in the Notes, if any principal amount payable with respect to a Note is payable, at maturity, upon redemption, or otherwise, payable on a day which is not a Business DayLegal Holiday, then the Issuer shall Company will pay such amount on the next succeeding Business Day, and interest shall will accrue on such amount until up to, but excluding, the date on which such amount is paid and payment of such accrued interest shall will be made concurrently with the payment of such amount; provided that the Issuer Company may elect to pay in full (but not in part) any such amount on the last Business Day prior to the date such payment otherwise would be due, and no such additional interest shall will accrue on such amount. . (c) Notwithstanding anything to the contrary contained in the Notes, if any interest payable with respect to a Note is payable on a day which is not a Business DayLegal Holiday, then the Issuer Company will pay such amount on the next succeeding Business Day. In such event, the interest amount payable will include interest calculated from the last scheduled interest payment date up to but excluding such next succeeding Business Day; provided that the Company may elect to pay in full (but not in part) any such interest amount on the last Business Day prior to the date such payment otherwise would be due, and no such diminution in time shall be included in the computation of the additional interest paymentwill accrue on such amount.

Appears in 2 contracts

Sources: Purchase Agreement (NextWave Wireless LLC), Purchase Agreement (NextWave Wireless LLC)

Direct Payment. (a) The Issuer Company will pay or cause to be paid all amounts payable with respect to any Note (without any presentment of such Note and without any notation of such payment being made thereon) by crediting (before 1:00 p.m., New York time), by intra-bank or Federal federal funds bank wire transfer in same day funds in U.S. Dollars to each Holder’s 's account in any bank in the United States as may be designated and specified in writing by such Holder at least two Business Days prior thereto. The Purchaser's initial bank account for this purpose is on the signature page hereof. (b) Notwithstanding anything to the contrary contained in the Notes, if any principal amount payable with respect to a Note is payable, at maturity, upon redemption, or otherwise, payable on a day which is not a Business DayLegal Holiday, then the Issuer Company shall pay such amount on the next succeeding Business Day, and interest shall accrue on such amount until the date on which such amount is paid and payment of such accrued interest shall be made concurrently with the payment of such amount; , provided that the Issuer Company may elect to pay in full (but not in part) any such amount on the last Business Day prior to the date such payment otherwise would be due, and no such additional interest shall accrue on such amount. Notwithstanding anything to the contrary contained in the Notes, if any interest payable with respect to a Note is payable on a day which is not a Legal Holiday, then the Company shall pay such interest on the next succeeding Business Day, then and such extension of time shall be included in the Issuer computation of the interest payment, provided that the Company may elect to pay in full (but not in part) any such interest on the last Business Day prior to the date such payment otherwise would be due, and such diminution in time shall be included in the computation of the interest payment.

Appears in 1 contract

Sources: Purchase Agreement (Labtec Inc /Ma)

Direct Payment. (a) The Issuer Company will pay or cause to be paid all amounts payable with respect to any Note (without any presentment of such Note and without any notation of such payment being made thereon) by crediting (before 1:00 p.m., 2:00 p.m. (New York City time) on the due date thereof), by intra-bank or Federal funds bank wire transfer in same day funds in U.S. Dollars to each Holder’s 's account in any bank in the United States as may be designated and specified in writing by such Holder at least two Business Days prior thereto. Each Purchaser's initial bank account for this purpose is set forth on SCHEDULE 1.1. (b) Notwithstanding anything to the contrary contained in the Notes, if any principal amount payable with respect to a Note is payable, at maturity, upon redemption, redemption or otherwise, on a day which is not a Business DayLegal Holiday, then the Issuer Company shall pay such amount on the next succeeding Business Day, and interest shall accrue on such amount until the date on which such amount is paid and payment of such accrued interest shall be made concurrently with the payment of such amount; , provided that the Issuer Company may elect to pay in full (but not in part) any such amount on the last Business Day prior to the date such payment otherwise would be due, and no such additional interest shall accrue on such amount. Notwithstanding anything to the contrary contained in the Notes, if any interest payable with respect to a Note is payable on a day which is not a Legal Holiday, then the Company shall pay such interest on the next succeeding Business Day, then and such extension of time shall be included in the Issuer computation of the interest payment, provided that the Company may elect to pay in full (but not in part) any such interest on the last Business Day prior to the date such payment otherwise would be due, and such diminution in time shall be included in the computation of the interest payment.

Appears in 1 contract

Sources: Securities Purchase Agreement (TTM Technologies Inc)

Direct Payment. (a) The Issuer will pay or cause to be paid all amounts payable with respect to any Note (without any presentment of such Note and without any notation of such payment being made thereon) by crediting (before 1:00 p.m.12:00 Noon, New York time), by intra-bank or Federal funds bank wire transfer in same day funds in U.S. Dollars to each Holder’s 's account in any bank in the United States of America as may be designated and specified in writing by such Holder at least two Business Days prior thereto. Each Purchaser's initial bank account name and number for this purpose is set forth on the signature pages hereto. (b) Notwithstanding anything to the contrary contained in the Notes, if any principal amount payable with respect to a Note is payable, at maturity, upon redemption, redemption or otherwise, on a day which is not a Business DayLegal Holiday, then the Issuer shall pay such amount on the next succeeding Business Day, and interest shall accrue on such amount until the date on which such amount is paid and payment of such accrued interest shall be made concurrently with the payment of such amount; provided that the Issuer may elect to pay in full (but not in part) any such amount on the last Business Day prior to the date such payment otherwise would be due, and no such additional interest shall accrue on such amount. Notwithstanding anything to the contrary contained in the Notes, if any interest payable with respect to a Note is payable on a day which is not a Legal Holiday, then the Issuer shall pay such interest on the next succeeding Business Day, then and such extension of time shall be included in the computation of the interest payment; provided that the Issuer may elect to pay in full (but not in part) any such interest on the last Business Day prior to the date such payment otherwise would be due, and such diminution in time shall be included in the computation of the interest payment.

Appears in 1 contract

Sources: Securities Purchase Agreement (American Residential Investment Trust Inc)

Direct Payment. (a) The Issuer will punctually pay or cause to be paid all amounts payable when required hereunder the principal thereof, interest thereon due with respect to said principal, or any Note (amounts otherwise payable in respect of the Notes without any presentment of thereof, directly to such Note and without any notation of Purchaser or to such payment being made thereon) by crediting (before 1:00 p.m.permitted subsequent Holder at such Purchaser’s bank account, New York time), by intra-set forth in Schedule I hereto or such other bank account as such Purchaser or Federal funds bank wire transfer in same day funds in U.S. Dollars such permitted subsequent Holder may from time to each Holder’s account in any bank in the United States as may be designated and specified time designate in writing by to Issuer. Issuer will make such payments in immediately available funds to such bank account, marked for attention as indicated, or in such other manner as such Purchaser or any such permitted subsequent Holder at least two Business Days prior theretomay from time to time direct in writing. (b) Notwithstanding anything to the contrary contained in the Notes, if any principal amount payable with respect to a Note is payable, at maturity, upon redemption, or otherwise, payable on a day which is not a Business DayLegal Holiday, then the Issuer shall will pay such amount on the next succeeding Business Day, and interest shall will accrue on such amount until up to, but excluding, the date on which such amount is paid and payment of such accrued interest shall will be made concurrently with the payment of such amount; provided that the Issuer may elect to pay in full (but not in part) any such amount on the last Business Day prior to the date such payment otherwise would be due, and no such additional interest shall will accrue on such amount. . (c) Notwithstanding anything to the contrary contained in the Notes, if any interest payable with respect to a Note is payable on a day which is not a Legal Holiday, then Issuer will pay such amount on the next succeeding Business Day, then the Issuer may elect to pay in full (but not in part) any such interest on the last Business Day prior to the date such payment otherwise would be due, and such diminution in time shall be included in the computation of the interest payment.

Appears in 1 contract

Sources: Note Purchase Agreement (Harbin Electric, Inc)

Direct Payment. (a) The Issuer Company will pay or cause to be paid all amounts payable with respect to any Note (without any presentment of such Note and without any notation of such payment being made thereon) by crediting (before 1:00 p.m., New York time), by intra-bank or Federal federal funds bank wire transfer in same day funds in U.S. Dollars to each Holder’s account in any bank in the United States as may be designated and specified in writing by such Holder at least two Business Days prior theretoon the day of the applicable payment. Each Purchaser’s initial bank account for this purpose is on its signature page hereto. (b) Notwithstanding anything to the contrary contained in the Notes, if any principal amount payable with respect to a Note is payable, at maturity, upon redemption, or otherwise, payable on a day which is not a Business DayLegal Holiday, then the Issuer shall Company will pay such amount on the next succeeding Business Day, and interest shall will accrue on such amount until the date on which such amount is paid and payment of such accrued interest shall will be made concurrently with the payment of such amount; provided that the Issuer Company may elect to pay in full (but not in part) any such amount on the last Business Day prior to the date such payment otherwise would be due, and no such additional interest shall will accrue on such amount. . (c) Notwithstanding anything to the contrary contained in the Notes, if any interest amount payable with respect to a Note is payable on a day which is not a Business DayLegal Holiday, then the Issuer may elect to Company will pay in full (but not in part) any such interest amount on the next succeeding Business Day. The interest amount payable will include interest calculated from the last Business Day prior scheduled interest payment date up to and including the date such current scheduled interest payment otherwise would be due, and such diminution in time shall be included in the computation of the interest paymentdate.

Appears in 1 contract

Sources: Purchase Agreement (Ign Entertainment Inc)

Direct Payment. (a) The Issuer will pay or cause to be paid all amounts payable with respect to any Note (without any presentment of such Note and without any notation of such payment being made thereon) by crediting (before 1:00 p.m.12:00 Noon, New York time), by intra-bank or Federal funds bank wire transfer in same day funds in U.S. Dollars to each Holder’s account in any bank in the United States of America as may be designated and specified in writing by such Holder at least two Business Days prior thereto. (b) . Each Purchaser’s initial bank account name and number for this purpose is set forth on the signature pages hereto. Notwithstanding anything to the contrary contained in the Notes, if any principal amount payable with respect to a Note is payable, at maturity, upon redemption, redemption or otherwise, on a day which is not a Business DayLegal Holiday, then the Issuer shall pay such amount on the next succeeding Business Day, and interest shall accrue on such amount until the date on which such amount is paid and payment of such accrued interest shall be made concurrently with the payment of such amount; provided that the Issuer may elect to pay in full (but not in part) any such amount on the last Business Day prior to the date such payment otherwise would be due, and no such additional interest shall accrue on such amount. Notwithstanding anything to the contrary contained in the Notes, if any interest payable with respect to a Note is payable on a day which is not a Legal Holiday, then the Issuer shall pay such interest on the next succeeding Business Day, then and such extension of time shall be included in the computation of the interest payment; provided that the Issuer may elect to pay in full (but not in part) any such interest on the last Business Day prior to the date such payment otherwise would be due, and such diminution in time shall be included in the computation of the interest payment.

Appears in 1 contract

Sources: Securities Purchase Agreement (American Residential Investment Trust Inc)