Common use of Manner of Payments Clause in Contracts

Manner of Payments. Unless the manner of payment is expressly provided herein, all payments under this Agreement shall be made by ACH transfer to the bank accounts designated by the respective Parties. Notwithstanding anything to the contrary contained herein, neither Party shall fail to make any payment required of it under this Agreement as a result of a breach or alleged breach by the other Party of any of its obligations under this Agreement or any other agreement, provided that the making of any payment hereunder shall not constitute a waiver by the Party making the payment of any rights it may have under the Program Documents or by law.

Appears in 5 contracts

Samples: Borrower Agreement (LendingClub Corp), Program Agreement (Prosper Marketplace Inc), Program Agreement (Prosper Marketplace Inc)

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Manner of Payments. Unless the manner of payment is expressly provided herein, all payments under this Agreement shall be made by ACH transfer to the bank accounts designated by the respective Parties. Notwithstanding anything to the contrary contained herein, neither Party shall fail to make be excused from making any payment required of it under this Agreement as a result of a breach or alleged breach by the other Party of any of its obligations under this Agreement or any other agreement, provided that the making of any payment hereunder shall not constitute a waiver by the Party making the payment of any rights it may have under the Program Documents or by law.

Appears in 5 contracts

Samples: Loan Sale Agreement (LendingClub Corp), Loan Sale Agreement (LendingClub Corp), Loan Sale Agreement (LendingClub Corp)

Manner of Payments. Unless the manner of payment is expressly provided herein, all payments under this Agreement shall be made by ACH ACH, wire or other electronic transfer to the bank accounts designated by the respective Partiesparties. Notwithstanding anything to the contrary contained herein, neither Party party shall fail to make any payment required of it under this Agreement as a result of a breach or alleged breach by the other Party party of any of its obligations under this Agreement or any other agreement, provided that the making of any payment hereunder shall not constitute a waiver by the Party party making the payment of any rights it may have under the Program Documents this Agreement or by law.

Appears in 3 contracts

Samples: Loan Sale Agreement (Upstart Holdings, Inc.), Loan Sale Agreement (Upstart Holdings, Inc.), Loan Sale Agreement (Upstart Holdings, Inc.)

Manner of Payments. Unless the manner of payment is expressly provided herein, all payments under this Agreement shall be made by ACH transfer to the bank accounts designated by the respective Parties. Notwithstanding anything to the contrary contained herein, neither Party shall fail to make any payment required of it under this Agreement as a result of a breach or alleged breach by the other Party of any of its obligations under this Agreement or any other agreement, ** Confidential Treatment Requested provided that the making of any payment hereunder shall not constitute a waiver by the Party making the payment of any rights it may have under the Program Documents or by law.

Appears in 2 contracts

Samples: Loan Sale Agreement (Prosper Marketplace Inc), Loan Sale Agreement (Prosper Marketplace Inc)

Manner of Payments. Unless the manner of payment is expressly provided herein, all payments under this Agreement shall be made by either ACH or wire transfer to the bank accounts designated by the respective Parties. Notwithstanding anything to the contrary contained herein, neither Party shall fail to make be excused from making any payment required of it under this Agreement as a result of a breach or alleged breach by the other Party of any of its obligations under this Agreement or any other agreement, provided that the making of any payment hereunder shall not constitute a waiver by the Party making the payment of any rights it may have under the Program Documents or by law.

Appears in 2 contracts

Samples: Receivables Sale Agreement (Bluestem Brands, Inc.), Receivables Sale Agreement (Bluestem Brands, Inc.)

Manner of Payments. Unless the manner of payment is expressly provided herein, all payments under this Agreement shall be made by ACH transfer to the bank accounts designated by the respective Parties. Notwithstanding anything to the contrary contained herein, neither Party shall fail to make any payment required of it under this Agreement as a result of a breach or alleged breach by the other Party of any of its obligations under this Agreement or any other agreement, provided that the making of any payment hereunder shall not constitute a waiver by the Party making the payment of any rights it may have under the Program Documents this Agreement or by law.

Appears in 2 contracts

Samples: Program Management Agreement (Atlanticus Holdings Corp), Program Management Agreement (Atlanticus Holdings Corp)

Manner of Payments. Unless the manner of payment is expressly provided herein, all payments under this Agreement shall be made by wire or ACH transfer to the bank accounts designated by the respective Parties. Notwithstanding anything to the contrary contained herein, neither Party shall fail to make be excused from making any payment required of it under this Agreement as a result of a breach or alleged breach by the other Party of any of its obligations under this Agreement or any other agreement, provided that the making of any payment hereunder shall not constitute a waiver by the Party making the payment of any rights it may have under the Program Documents or by law.

Appears in 2 contracts

Samples: Receivables Retention Facility Agreement (Oportun Financial Corp), Program and Servicing Agreement (Oportun Financial Corp)

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Manner of Payments. Unless the manner of payment is expressly provided herein, all payments under this Agreement shall be made by ACH transfer to the bank accounts designated by the respective Parties. Notwithstanding anything to the contrary contained herein, neither Party shall fail to make be excused from making any payment required of it under this Agreement as a result of a breach or alleged breach by the other Party of any of its obligations under this Agreement or any other agreement, provided that the making of any payment hereunder shall not constitute a waiver by the Party making the payment of any rights it may have under the Program Documents or by law.. Privileged & Confidential

Appears in 1 contract

Samples: Loan Sale Agreement (LendingClub Corp)

Manner of Payments. Unless the manner of payment is expressly provided herein, all payments under this Agreement shall be made by ACH transfer to the bank accounts designated by the respective Parties. Notwithstanding anything to the contrary contained herein, neither Party shall fail to make any payment required of it under this Agreement as a result of for a breach or alleged breach by the other Party of any of its obligations under this Agreement or any other agreement, ; provided that the making of any payment hereunder shall not constitute a waiver by the Party making the payment of any rights it may have under the Program Documents this Agreement or by law.

Appears in 1 contract

Samples: Marketing and Servicing Agreement (Affirm Holdings, Inc.)

Manner of Payments. Unless the manner of payment is expressly provided herein, all payments under this Agreement shall be made by ACH transfer to the bank accounts designated by the respective Partiesor wire transfer. Notwithstanding anything to the contrary contained herein, neither Party party shall fail to make any payment required of it under this Agreement as a result of a breach or alleged breach by the other Party party of any of its obligations under this Agreement or any other agreement, ; provided that the making of any payment hereunder shall not constitute a waiver by the Party party making the payment of any rights it may have under the Program Documents or by lawApplicable Law.

Appears in 1 contract

Samples: Loan Sale Agreement (Affirm Holdings, Inc.)

Manner of Payments. Unless the manner of payment is expressly provided hereinherein or otherwise mutually agreed to by the Parties, all payments under this Agreement shall be made by ACH transfer to the bank accounts designated by the respective Parties. Notwithstanding anything to the contrary contained herein, neither no Party shall fail to make any payment required of it under this Agreement as a result of a breach or alleged breach by the other another Party of any of its obligations under this Agreement or any other agreement, provided that the making of any payment hereunder shall not constitute a waiver by the Party making the payment of any rights it may have under the Program Documents or by law.

Appears in 1 contract

Samples: Receivables Sale Agreement (Bluestem Brands, Inc.)

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