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 out-of-pocket costs and expenses (including reasonable attorneys fees) actually incurred by Guarantied Party in enforcing this Guaranty or in collecting the Guarantied Obligations; second, to all accrued and unpaid interest, premium, if any, and fees owing to Guarantied Party constituting Guarantied Obligations; and third, to the balance of the Guarantied Obligations.
Appears in 4 contracts
Samples: Family Restaurants, Koo Koo Roo Entertprises Inc, Koo Koo Roo Entertprises 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 out-of-pocket costs and expenses (including reasonable attorneys fees) actually incurred by Guarantied Party in enforcing this Guaranty or in collecting the Guarantied Obligations; second, to all accrued and unpaid interest, premium, if any, and fees owing to Guarantied Party constituting Guarantied Obligations; and third, to the balance of the Guarantied Obligations.
Appears in 3 contracts
Samples: General Continuing Guaranty (Town & Country Corp), Loan and Security Agreement (Network Computing Devices Inc), Fitzgeralds Gaming Corp
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 out-of-pocket costs and expenses (including reasonable attorneys attorneys’ fees) actually incurred by Guarantied Party Secured Parties in enforcing this Guaranty or in collecting the Guarantied Obligations; second, to all accrued and unpaid interest, premium, if any, and fees owing to Guarantied Party Secured Parties constituting Guarantied Obligations; and third, to the balance of the Guarantied Obligations.
Appears in 3 contracts
Samples: Security Agreement (Deckers Outdoor Corp), Security Agreement (Deckers Outdoor Corp), Security Agreement (Deckers Outdoor Corp)
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 out-of-pocket costs and expenses (including reasonable attorneys fees) actually incurred by Guarantied Party in enforcing this Guaranty or in collecting the Guarantied Obligations; second, to all accrued and unpaid interest, premium, if any, and fees owing to Guarantied Party constituting Guarantied Obligations; and third, to the balance of the Guarantied Obligations.
Appears in 2 contracts
Samples: General Continuing (Family Restaurants), Family Restaurants
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 out-of-pocket costs and expenses (including reasonable attorneys feesattorneys' fees and expenses and attorneys' fees and expenses incurred pursuant to proceedings arising under the Bankruptcy Code) actually incurred by Guarantied Party in enforcing this Guaranty or in collecting the Guarantied Guaranteed Obligations; second, to all accrued and unpaid interest, premium, if any, and fees owing to Guarantied Party constituting Guarantied Guaranteed Obligations; and third, to the balance of the Guarantied Guaranteed Obligations.
Appears in 2 contracts
Samples: Terms of the Agreement (Prospect Medical Holdings Inc), Terms of the Agreement (Prospect Medical Holdings 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 out-of-pocket costs and expenses (including reasonable attorneys fees) actually incurred by Guarantied Party on behalf of the Lender Group in enforcing this Guaranty or in collecting the Guarantied Obligations; second, to all accrued and unpaid interest, premium, if any, and fees owing to Guarantied Party the Lender Group constituting Guarantied Obligations; and third, to the balance of the Guarantied Obligations.
Appears in 2 contracts
Samples: General Continuing Guaranty (Sm&a Corp), General Continuing Guaranty (Sm&a Corp)
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 out-of-pocket costs and expenses (including reasonable attorneys fees) actually incurred by Guarantied Party in enforcing this Guaranty or in collecting the Guarantied Obligations; second, to all accrued and unpaid interest, premium, if any, and fees owing to Guarantied Party constituting Guarantied Obligations; and third, to the balance of the Guarantied Obligations.
Appears in 2 contracts
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 out-of-pocket costs and expenses (including reasonable attorneys fees) actually incurred by Guarantied Party on behalf of the Lender Group in enforcing this Guaranty or in collecting the Guarantied Obligations; second, to all accrued and unpaid interest, premium, if any, and fees owing to Guarantied Party the Lender Group constituting Guarantied Obligations; and third, to the balance of the Guarantied Obligations.
Appears in 2 contracts
Payments; Application. All payments to be made hereunder by --------------------- each 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 each Guarantor hereunder shall be applied as follows: first, to all reasonable out-of-pocket costs and expenses (including reasonable attorneys fees) actually incurred by Guarantied Party in enforcing this Guaranty or in collecting the Guarantied Obligations; second, to all accrued and unpaid interest, premium, if any, and fees owing to Guarantied Party constituting Guarantied Obligations; and third, to the balance of the 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 7 116 taxes or otherwise) or offset. All payments made by Guarantor hereunder shall be applied as follows: first, to all reasonable out-of-pocket costs and expenses (including reasonable attorneys fees) actually incurred by Guarantied Party in enforcing this Guaranty or in collecting the Guarantied Obligations; second, to all accrued and unpaid interest, premium, if any, and fees owing to Guarantied Party constituting Guarantied Obligations; and third, to the balance of the Guarantied Obligations.
Appears in 1 contract
Payments; Application. All payments to be made hereunder by --------------------- a 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 a Guarantor hereunder shall be applied as follows: first, to all reasonable out-of-pocket costs and expenses (including reasonable attorneys fees) actually incurred by Guarantied Party in enforcing this Guaranty or in collecting the Guarantied Obligations; second, to all accrued and unpaid interest, premium, if any, and fees owing to Guarantied Party constituting Guarantied Obligations; and third, to the balance of the Guarantied Obligations.
Appears in 1 contract
Samples: Microstrategy 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 out-of-pocket costs and expenses (including reasonable attorneys fees) actually incurred by Guarantied Party in enforcing this Guaranty or in collecting the Guarantied Obligations; second, to all accrued and unpaid interest, premium, if any, and fees owing to Guarantied Party constituting Guarantied Obligations; and third, to the balance of the Guarantied Obligations.
Appears in 1 contract
Samples: Security Agreement (QMS 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 reasonable out-of-pocket costs and expenses (including reasonable attorneys fees) actually incurred by Guarantied Party in enforcing this Guaranty or in collecting the Guarantied Obligations; second, to all accrued and unpaid interest, premium, if any, and fees owing to Guarantied Party constituting Guarantied Obligations; and third, to the balance of the Guarantied Obligations.
Appears in 1 contract
Samples: Prandium Inc
Payments; Application. All payments to be made hereunder by a --------------------- 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 a Guarantor hereunder shall be applied as follows: first, to all reasonable out-of-pocket costs and expenses (including reasonable attorneys fees) actually incurred by Guarantied Party in enforcing this Guaranty or in collecting the Guarantied Obligations; second, to all accrued and unpaid interest, premium, if any, and fees owing to Guarantied Party constituting Guarantied Obligations; and third, to the balance of the Guarantied Obligations.
Appears in 1 contract