Payment Instructions; etc Sample Clauses

Payment Instructions; etc. The Servicer has instructed, or otherwise caused, all Obligors with respect to any Receivables to make all payments made with respect to such Receivable (A) to the extent paid by credit card, electronic check, ACH payment or wire transfer, directly into the Collection Account, and (B) to the extent paid by cash, checks, notes, drafts, bills of exchange or money orders, directly to the Servicer. Each of the Collection Account and the Disbursement Account is maintained solely in the name of the Borrower. The Borrower has not granted any Person, other than the Collateral Agent as contemplated by this Agreement, dominion and control of the Collection Account, or the right to take dominion and control of the Collection Account or the Disbursement Account at a future time or upon the occurrence of a future event (other than any such right in favor of the depository institution granted in connection with the opening of such accounts or pursuant to the Collection Account Control Agreement or the Disbursement Account Control Agreement, as applicable). The Collection Account Bank has been instructed to remit all funds on deposit in the Collection Account to the Disbursement Account on each Business Day. The Disbursement Account Bank has been instructed to distribute funds on deposit in the Disbursement Account at the direction of the Collateral Agent. The Servicer has been instructed to remit any Collections and other amounts received with respect to the Receivables received by it to the Disbursement Account within two (2) Business Days of receipt.
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Payment Instructions; etc. The Servicer has instructed, or otherwise caused, all Obligors with respect to any Receivables to pay all Collections (A) to the extent paid by credit card, electronic check, ACH payment or wire transfer, directly into the Collection Account, and (B) to the extent paid by cash, checks, notes, drafts, bills of exchange or money orders, directly to the Collection Account (or, if required by Section 2.02(e) of the Servicing Agreement, directly to the Lockbox). Each of the Collection Account and the Disbursement Account is maintained solely in the name of the Borrower. The Borrower has not granted any Person, other than the Collateral Agent as contemplated by this Agreement, dominion and control of the Collection Account, or the right to take dominion and control of the Collection Account or the Disbursement Account at a future time or upon the occurrence of a future event (other than any such right in favor of the depository institution granted in connection with the opening of such accounts or pursuant to the Collection Account Control Agreement or the Disbursement Account Control Agreement, as applicable). The Collection Account Bank has been instructed to remit all available funds on deposit in the Collection Account to the Disbursement Account on each Business Day. The Disbursement Account Bank has been instructed to distribute available funds on deposit in the Disbursement Account at the direction of the Collateral Agent. The Servicer has been instructed to remit any Collections received by it to the Collection Account within two (2) Business Days of receipt.
Payment Instructions; etc. (a) The conditions and requirements set forth in Section 5.7 have at all times been duly satisfied and performed.
Payment Instructions; etc. All payments or prepayments required or permitted to be made on the Loan, the Note or otherwise under or in connection with this Agreement (including, without limitation, pursuant to Section 2 or this Section 6) shall be made by wire transfer of immediately available funds to the Lender's account designated on the signature page hereto and, in the case of any such mandatory payments or prepayments, such payments or prepayments shall be due by 1:00 p.m. (New York City time).
Payment Instructions; etc. All payments or prepayments required or permitted to be made on the Loan, the Notes or otherwise under or in connection with this Agreement (including, without limitation, pursuant to Section 2 or this Section 6) shall be made by wire transfer of immediately available funds to the applicable Lender's account designated on the signature page hereto (or, if such Lender acquired its interest in the Loan by assignment pursuant to Section 7.1(b), as designated in the related assignment agreement) and, in the case of any such mandatory payments or prepayments, such payments or prepayments shall be due by 1:00 p.m. (New York City time).
Payment Instructions; etc. The Servicer has instructed AT&T with respect to any Receivables to pay all Collections directly into the Collection Account. To the extent that the Servicer receives any payments with respect to the Receivables (including Close-out Costs), the Servicer will deposit such amounts in the Collection Account on the same Business Day received. The Collection Account is maintained solely in the name of the Borrower. The Borrower has not granted any Person, other than the Administrative Agent as contemplated by this Agreement, dominion and control of the Collection Account, or the right to take dominion and control of the Collection Account at a future time or upon the occurrence of a future event.
Payment Instructions; etc. 48 SECTION 9. ASSIGNMENTS AND PARTICIPATIONS..................................................................... 48 9.1 Assignments....................................................................................... 48 9.2 Participations.................................................................................... 49
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Payment Instructions; etc. All payments or prepayments required or permitted to be made on the Revolving Loan, the Term Loan, the Revolving Note, the Term Note or otherwise under or in connection with this Agreement (including, without limitation, pursuant to Section 2 or this Section 8) shall be made by wire transfer of immediately available funds to Lender's account designated on the signature page hereto and, in the case of any such mandatory payments or prepayments, such payments or prepayments shall be due by 1:00 p.m. (New York City time).

Related to Payment Instructions; etc

  • Payment Instructions Agent shall have received written instructions from Borrowing Agent directing the application of proceeds of the initial Advances made pursuant to this Agreement;

  • DISBURSEMENT INSTRUCTIONS Borrower understands that no loan proceeds will be disbursed until all of Bank's conditions for making the loan have been satisfied. Please disburse the loan proceeds as follows: Amount paid to Borrower directly: $______ Undisbursed Funds $______ Principal $______ CHARGES PAID IN CASH. Borrower has paid or will pay in cash as agreed the following charges: Prepaid Finance Charges Paid in Cash: $______ $______ Loan Fee $______ Accounts Receivables Audit Other Charges Paid in Cash: $______ $______ UCC Search Fees $______ UCC Filing Fees $______ PATENT FILING FEES $______ TRADEMARK FILING FEES $______ COPYRIGHT FILING FEES $______ OUTSIDE COUNSEL FEES AND EXPENSES [ESTIMATE, DO NOT LEAVE BLANK] Total Charges Paid in Cash $______ AUTOMATIC PAYMENTS. Borrower hereby authorizes Bank automatically to deduct from Borrower's account numbered ____________ the amount of any loan payment. If the funds in the account are insufficient to cover any payment, Bank shall not be obligated to advance funds to cover the payment. FINANCIAL CONDITION. BY SIGNING THIS AUTHORIZATION, BORROWER REPRESENTS AND WARRANTS TO BANK THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND CORRECT AND THAT THERE HAS BEEN NO ADVERSE CHANGE IN BORROWER'S FINANCIAL CONDITION AS DISCLOSED IN BORROWER'S MOST RECENT FINANCIAL STATEMENT TO BANK. THIS AUTHORIZATION IS DATED AS OF ________________, 19___. BORROWER: By:____________________________________ Authorized Officer 40 Mrs. Xxxxx Xxxx Xxx Xxxxxxxxxx, Esq. Solectron Corporation 000 Xxxxxxxxx Xxxxx Xxxxxxxx, XX 00000 LOAN MODIFICATION AGREEMENT This Loan Modification Agreement is entered into as of June 10, 1999, by and between Harmonic, Inc. (formerly known as Harmonic Lightwaves, Inc.) ("Borrower") and Silicon Valley Bank ("Bank").

  • Investment Instructions If (a) the Financial Institution has not received a Secured Party Order for the investment of funds in a Collateral Account by 11:00 a.m. New York time (or another time agreed to by the Financial Institution) on the Business Day before a Payment Date or (b) the Financial Institution receives notice from the Indenture Trustee that a Default or Event of Default has occurred and is continuing, the Financial Institution will invest and reinvest funds in the Collateral Account according to the last investment instruction received, if any. If no prior investment instructions have been received or if the instructed investments are no longer available or permitted, the Indenture Trustee will notify the Servicer and request new investment instructions, and the funds will remain uninvested until new investment instructions are received.

  • Transfer Agent Instructions The Company shall issue irrevocable instructions to its transfer agent to issue certificates, registered in the name of the Buyer or its nominee, for the Conversion Shares in such amounts as specified from time to time by the Buyer to the Company upon conversion of the Note in accordance with the terms thereof (the “Irrevocable Transfer Agent Instructions”). In the event that the Borrower proposes to replace its transfer agent, the Borrower shall provide, prior to the effective date of such replacement, a fully executed Irrevocable Transfer Agent Instructions in a form as initially delivered pursuant to the Purchase Agreement (including but not limited to the provision to irrevocably reserve shares of Common Stock in the Reserved Amount) signed by the successor transfer agent to Borrower and the Borrower. Prior to registration of the Conversion Shares under the 1933 Act or the date on which the Conversion Shares may be sold pursuant to Rule 144 without any restriction as to the number of Securities as of a particular date that can then be immediately sold, all such certificates shall bear the restrictive legend specified in Section 2(g) of this Agreement. The Company warrants that: (i) no instruction other than the Irrevocable Transfer Agent Instructions referred to in this Section 5, and stop transfer instructions to give effect to Section 2(f) hereof (in the case of the Conversion Shares, prior to registration of the Conversion Shares under the 1933 Act or the date on which the Conversion Shares may be sold pursuant to Rule 144 without any restriction as to the number of Securities as of a particular date that can then be immediately sold), will be given by the Company to its transfer agent and that the Securities shall otherwise be freely transferable on the books and records of the Company as and to the extent provided in this Agreement and the Note; (ii) it will not direct its transfer agent not to transfer or delay, impair, and/or hinder its transfer agent in transferring (or issuing)(electronically or in certificated form) any certificate for Conversion Shares to be issued to the Buyer upon conversion of or otherwise pursuant to the Note as and when required by the Note and this Agreement; and (iii) it will not fail to remove (or directs its transfer agent not to remove or impairs, delays, and/or hinders its transfer agent from removing) any restrictive legend (or to withdraw any stop transfer instructions in respect thereof) on any certificate for any Conversion Shares issued to the Buyer upon conversion of or otherwise pursuant to the Note as and when required by the Note and this Agreement. Nothing in this Section shall affect in any way the Buyer’s obligations and agreement set forth in Section 2(g) hereof to comply with all applicable prospectus delivery requirements, if any, upon re-sale of the Securities. If the Buyer provides the Company, at the cost of the Buyer, with (i) an opinion of counsel in form, substance and scope customary for opinions in comparable transactions, to the effect that a public sale or transfer of such Securities may be made without registration under the 1933 Act and such sale or transfer is effected or (ii) the Buyer provides reasonable assurances that the Securities can be sold pursuant to Rule 144, the Company shall permit the transfer, and, in the case of the Conversion Shares, promptly instruct its transfer agent to issue one or more certificates, free from restrictive legend, in such name and in such denominations as specified by the Buyer. The Company acknowledges that a breach by it of its obligations hereunder will cause irreparable harm to the Buyer, by vitiating the intent and purpose of the transactions contemplated hereby. Accordingly, the Company acknowledges that the remedy at law for a breach of its obligations under this Section 5 may be inadequate and agrees, in the event of a breach or threatened breach by the Company of the provisions of this Section, that the Buyer shall be entitled, in addition to all other available remedies, to an injunction restraining any breach and requiring immediate transfer, without the necessity of showing economic loss and without any bond or other security being required.

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