Payments; Application. All payments to be made hereunder by Guarantor shall be made in lawful money of the United States of America at the time of payment, shall be made in immediately available funds, and shall be made without deduction (whether for taxes or otherwise) or offset. All payments made by Guarantor hereunder shall be applied as follows: first, to all costs and expenses (including attorneys' fees) incurred by Foothill in enforcing this Guaranty or in collecting the Guaranteed Obligations; second, to all accrued and unpaid interest, premium, if any, and fees owing to Foothill constituting Guaranteed Obligations; and third, to the balance of the Guaranteed Obligations.
Appears in 9 contracts
Sources: Continuing Guaranty (Leisure Time Casinos & Resorts Inc), Continuing Guaranty (Leisure Time Casinos & Resorts Inc), Continuing Guaranty (Bpi Packaging Technologies Inc)
Payments; Application. All payments payment to be made hereunder by any Guarantor shall be made in lawful money of the United States of America at the time of payment, shall be made in immediately available funds, and shall be made without setoff, deduction (whether for taxes Taxes or otherwise) or offsetcounterclaim. All payments made by any Guarantor hereunder shall be applied as follows: first, to all reasonable costs and expenses (including attorneys' ’ fees) incurred by Foothill Beneficiaries in enforcing this Guaranty or in collecting the Guaranteed Guarantied Obligations; second, to all accrued and unpaid interest, premium, if any, and fees owing to Foothill Beneficiaries constituting Guaranteed Guarantied Obligations; and third, to the balance of the Guaranteed Guarantied Obligations.
Appears in 9 contracts
Sources: Loan Agreement (Cheesecake Factory Inc), Loan Agreement (Cheesecake Factory Inc), Credit Agreement (McClatchy Co)
Payments; Application. All payments to be made hereunder by Guarantor shall be made in lawful money of the United States of America at the time of payment, shall be made in immediately available funds, and shall be made without deduction (whether for taxes or otherwise) or offset. All payments made by Guarantor hereunder shall be applied as follows: first, to all reasonable costs and expenses (including attorneys' fees) incurred by Foothill Beneficiaries in enforcing this Guaranty or in collecting the Guaranteed Guarantied Obligations; second, to all accrued and unpaid interest, premium, if any, and fees owing to Foothill Beneficiaries constituting Guaranteed Guarantied Obligations; and third, to the balance of the Guaranteed Guarantied Obligations.
Appears in 3 contracts
Sources: Credit Agreement (Century Casinos Inc /Co/), General Continuing Guaranty (Monarch Casino & Resort Inc), Credit Agreement (Century Casinos Inc)
Payments; Application. All payments to be made hereunder by Guarantor shall be made in lawful money of the United States of America at the time of payment, shall be made in immediately available funds, and shall be made without deduction (whether for taxes or otherwise) or offset. All payments made by Guarantor hereunder shall be applied as follows: first, to all costs and expenses (including attorneys' ’ fees) incurred by Foothill Bank in enforcing this Guaranty or in collecting the Guaranteed Obligations; second, to all accrued and unpaid interest, premium, if any, and fees owing to Foothill Bank constituting Guaranteed Obligations; and third, to the balance of the Guaranteed Obligations.
Appears in 2 contracts
Sources: Continuing Guaranty (Cherokee Inc), Continuing Guaranty (Cherokee Inc)
Payments; Application. All payments to be made hereunder by Guarantor shall be made in lawful money of the United States of America at the time of payment, shall be made in immediately available funds, and shall be made without deduction (whether for taxes or otherwise) or offset. All payments made by Guarantor hereunder shall be applied as follows: first, to all reasonable costs and expenses (including attorneys' attorneys fees) incurred by Foothill the Holders in enforcing this Guaranty or in collecting the Guaranteed Guarantied Obligations; second, to all accrued and unpaid interest, premium, if any, and fees owing to Foothill the Holders constituting Guaranteed Guarantied Obligations; and third, to the balance of the Guaranteed Guarantied Obligations.
Appears in 2 contracts
Sources: Rescission, Restructuring and Assignment Agreement (Integrated Healthcare Holdings), Payment Agreement (Chaudhuri Kali P)
Payments; Application. All payments to be made hereunder by Guarantor Guarantors shall be made in lawful money of the United States of America at the time of payment, shall be made in immediately available funds, and shall be made without deduction (whether for taxes or otherwise) or offset. All payments made by Guarantor Guarantors hereunder shall be applied as follows: first, to all reasonable costs and expenses (including attorneys' fees) incurred by Foothill Beneficiary in enforcing this Guaranty or in collecting the Guaranteed Guarantied Obligations; second, to all accrued and unpaid interest, premium, if any, and fees owing to Foothill Beneficiary constituting Guaranteed Guarantied Obligations; and third, to the balance of the Guaranteed Guarantied Obligations.
Appears in 1 contract
Payments; Application. All payments to be made hereunder by Guarantor shall be made in lawful money of the United States of America at the time of payment, shall be made in immediately available funds, and shall be made without deduction (whether for taxes or otherwise) or offset. All payments made by Guarantor hereunder shall be applied as follows: first, to all reasonable costs and expenses (including attorneys' reasonable attorneys fees) incurred by Foothill Lender in enforcing this Guaranty or in collecting the Guaranteed Guarantied Obligations; second, to all accrued and unpaid interest, premium, if any, and fees owing to Foothill Lender constituting Guaranteed Guarantied Obligations; and third, to the balance of the Guaranteed Guarantied Obligations.
Appears in 1 contract
Sources: Guaranty (Schlotzskys Inc)
Payments; Application. All payments to be made hereunder by Guarantor shall be made in lawful money of the United States of America at the time of payment, shall be made in immediately available funds, and shall be made without deduction (whether for taxes or otherwise) or offset. All payments made by Guarantor hereunder shall be applied as follows: first, to all costs and expenses (including attorneys' ’ fees) incurred by Foothill Union Bank in enforcing this Guaranty or in collecting the Guaranteed Obligations; second, to all accrued and unpaid interest, premium, if any, and fees owing to Foothill Union Bank constituting Guaranteed Obligations; and third, to the balance of the Guaranteed Obligations.
Appears in 1 contract
Payments; Application. All payments to be made hereunder by Guarantor Guarantors shall be made in lawful money of the United States of America at the time of payment, shall be made in immediately available funds, and shall be made without deduction (whether for taxes or otherwise) or offset. All payments made by Guarantor Guarantors hereunder shall be applied as follows: first, to all reasonable costs and expenses (including attorneys' fees) incurred by Foothill Beneficiary in enforcing this Subsidiary Guaranty or in collecting the Guaranteed Obligations; second, to all accrued and unpaid interest, premium, if any, and fees owing to Foothill Beneficiary constituting Guaranteed Obligations; and third, to the balance of the Guaranteed Obligations.
Appears in 1 contract
Sources: Credit Agreement (Herbst Gaming Inc)
Payments; Application. All payments to be made hereunder by Guarantor shall be made in lawful money of the United States of America at the time of payment, shall be made in immediately available funds, and shall be made without deduction (whether for taxes or otherwise) or offset. All payments made by Guarantor hereunder shall be applied as follows: first, to all reasonable costs and expenses (including attorneys' reasonable attorneys fees) incurred by Foothill Sellers in enforcing this Guaranty Guarantee or in collecting the Guaranteed Obligations; second, to all accrued and unpaid interest, premium, if any, and fees owing to Foothill Sellers constituting Guaranteed Obligations; and third, to the balance of the Guaranteed Obligations.
Appears in 1 contract
Payments; Application. All payments to be made hereunder by Guarantor shall be made in lawful money of the United States of America at the time of payment, shall be made in immediately available funds, and shall be made without deduction (whether for taxes or otherwise) or offset. All payments made by Guarantor hereunder shall be applied as follows: first, to all reasonable costs and expenses (including reasonable attorneys' ’ fees) incurred by Foothill ▇▇▇▇▇▇ in enforcing this Guaranty or in collecting the Guaranteed Obligations; second, to all accrued and unpaid interest, premium, if any, and fees owing to Foothill Lender constituting Guaranteed Obligations; and third, to the balance of the Guaranteed Obligations.
Appears in 1 contract
Payments; Application. All payments to be made hereunder by --------------------- Guarantor shall be made in lawful money of the United States of America at the time of payment, shall be made in immediately available funds, and shall be made without deduction (whether for taxes or otherwise) or offset. All payments made by Guarantor hereunder shall be applied as follows: first, to all costs and expenses (including attorneys' fees) incurred by Foothill in enforcing this Guaranty or in collecting the Guaranteed Obligations; second, to all accrued and unpaid interest, premium, if any, and fees owing to Foothill constituting Guaranteed Obligations; and third, to the balance of the Guaranteed Obligations.
Appears in 1 contract
Payments; Application. All payments to be made hereunder by Guarantor shall be made in lawful money of the United States of America at the time of payment, shall be made in immediately available funds, and shall be made without deduction (whether for taxes or otherwise) or offset. All Subject to the provisions of Section 20 below, all payments made by Guarantor hereunder shall be applied as follows: first, to all costs and expenses (including attorneys' fees) incurred by Foothill in enforcing this Guaranty or in collecting the Guaranteed Obligations; second, to all accrued and unpaid interest, premium, if any, and fees owing to Foothill constituting Guaranteed Obligations; and third, to the balance of the Guaranteed Obligations.
Appears in 1 contract
Sources: Loan and Security Agreement (Bollinger Industries Inc)
Payments; Application. All payments to be made hereunder by any Guarantor shall be made in lawful money of the United States of America at the time of payment, shall be made in immediately available funds, and shall be made without deduction (whether for taxes or otherwise) or offset. All payments made by any Guarantor hereunder shall be applied as follows: first, to all costs and expenses (including attorneys' ’ fees) incurred by Foothill Lender in enforcing this Guaranty or in collecting the Guaranteed Obligations; second, to all accrued and unpaid interest, premium, if any, and fees owing to Foothill Lender constituting Guaranteed Obligations; and third, to the balance of the Guaranteed Obligations.
Appears in 1 contract
Payments; Application. All payments to be made hereunder by Guarantor Guarantors shall be made in lawful money of the United States of America at the time of payment, shall be made in immediately available funds, and shall be made without deduction (whether for taxes or otherwise) or offset. All payments made by Guarantor Guarantors hereunder shall be applied as follows: first, to all reasonable costs and expenses (including attorneys' fees) incurred by Foothill Beneficiaries in enforcing this Guaranty or in collecting the Guaranteed Guarantied Obligations; second, to all accrued and unpaid interest, premium, if any, and fees owing to Foothill Beneficiaries constituting Guaranteed Guarantied Obligations; and third, to the balance of the Guaranteed Guarantied Obligations.
Appears in 1 contract
Sources: Construction and Reducing Revolving Credit Agreement (Monarch Casino & Resort Inc)
Payments; Application. All payments to be made hereunder by Guarantor shall be made in lawful money of the United States of America at the time of payment, shall be made in immediately available funds, and shall be made without deduction (whether for taxes or otherwise) or offset. All payments made by Guarantor hereunder shall be applied as follows: first, to all costs and expenses (including attorneys' fees) incurred by Foothill PBC in enforcing this Guaranty or in collecting the Guaranteed Obligations; second, to all accrued and unpaid interest, premium, if any, and fees owing to Foothill PBC constituting Guaranteed Obligations; and third, to the balance of the Guaranteed Obligations.
Appears in 1 contract