Payments by Lender. Should any amount required to be paid under any Loan Document be unpaid, such amount may be paid by Lender, which payment shall be deemed a request for an Advance under the Revolving Facility as of the date such payment is due, and Borrower irrevocably authorizes disbursement of any such funds to Lender by way of direct payment of the relevant amount, interest or Obligations. No payment or prepayment of any amount by Lender or any other Person shall entitle any Person to be subrogated to the rights of Lender under any Loan Document unless and until the Obligations have been fully performed and paid irrevocably in cash and this Agreement has been terminated. Any sums expended by Lender as a result of any Borrower’s or any Guarantor’s failure to pay, perform or comply with any Loan Document or any of the Obligations may be charged to Borrower’s account as an Advance under the Revolving Facility and added to the Obligations.
Payments by Lender. If Borrower shall fail to make any payment or perform any act required hereunder (including, but not limited to, maintenance of any insurance required by Section 10), then Lender may, but shall not be required to, after such notice to Borrower as is reasonable under the circumstances, make such payment or perform such act with the same effect as if made or performed by Borrower. Borrower will upon demand reimburse Lender for all sums paid and all reasonable costs and expenses incurred in connection with the performance of any such act.
Payments by Lender. The Lender shall fund the Loan to Borrower, as requested by Borrower, by wire transfer of immediately available funds by 11:00 a.m. Houston, Texas time to the account of the Borrower as designated by the Borrower for such purpose by written notice to the Lender.
Payments by Lender. If you are authorized to pay, on my behalf, charges I am obligated to pay (such as property insurance premiums), then you may treat those payments as advances and add them to the unpaid principal under this note, or you may demand immediate payment of the charges. SET-OFF: I agree that you may set off any amount due and payable under this note against any right I have to receive money from you. "Right to receive money from you" means:
Payments by Lender. (a) Should any amount required to be paid under any Loan Document be unpaid beyond any applicable cure period, such amount may be paid by Lender, which payment shall be deemed a request for an Advance under the Loan as of the date such payment is due, and Borrower irrevocably authorizes disbursement of any such funds to Lender, by way of direct payment of the relevant amount, interest or Obligations without necessity of any demand in accordance with Section 2.6 whether or not a Default or Event of Default has occurred or is continuing. No payment or prepayment of any amount by Lender or any other Person shall entitle any Person to be subrogated to the rights of Lender under any Loan Document unless and until the Obligations (other than indemnity obligations under the Loan Documents that are not then due and payable or for which any events or claims that would give rise thereto are not then pending) have been fully performed and paid indefeasibly in cash and this Agreement has been terminated. Any sums expended or amounts paid by Lender as a result of any Credit Party's failure to pay, perform or comply with any Loan Document or any of the Obligations may be charged to Borrower's account as an Advance under the Loan and added to the Obligations.
Payments by Lender. If you are authorized to pay, on my behalf, charges I am obligated to pay (such as property insurance premiums), then you may treat those payments made by you as advances and add them to the unpaid principal under this note, or you may demand immediate payment of the charges.SET-OFF: I agree that you may set off any amount due and payable under this note against any right I have to receive money from you. “Right to receive money from you “ means: any deposit account balance I have with you; any money owed to me on an item presented to you or in your possession for collection or exchange; and any repurchase agreement or other nondeposit obligation.“Any amount due and payable under this note” means the total amount of which you are entitled to demand payment under the terms of this note at the time you set off. This total includes any balance the due date for which you properly accelerate under this note.If my right to receive money from you is also owned by someone who has not agreed to pay this note, your right of set-off will apply to my interest in the obligation and to any other amounts I could withdraw on my sole request or endorsement. Your right of set-off does not apply to an account or other obligation where my rights are only as a representative. It also does not apply to any individual Retirement Account or other tax-deferred retirement axxxxxx.Xxx will not be liable for the dishonor of any check when the dishonor occurs because you set off this debt against any of my accounts. I agree to hold you harmless from any such claims arising as a result of your exercise of your right of set-off.
Payments by Lender. In its sole discretion, Lender may upon notice to Borrower and Borrower’s failure within ten (10) business days to pay any of the following (or such lesser period of time if imposition of a Lien, loss of insurance or tax lien is imminent): (i) discharge taxes that Borrower fails to pay (except taxes being contested in good faith and by appropriate proceedings, for which Borrower has established and is maintaining appropriate reserves, and as to which no Lien having priority over Lender’s Lien arises) and Liens levied or placed on Collateral; (ii) pay for insurance of Borrower that Borrower fails to pay or the maintenance and preservation thereof; or (iii) if Borrower shall fail to make deposits in respect of F.I.C.A. and withholding taxes referred to in Section 5.8, make such deposits or pay such taxes, in whole or in part, or set up such reserves as Lender shall in its sole discretion deem necessary in respect of Borrower’s liability therefor. Any amount so paid, deposited or reserved for shall constitute a Revolving Loan for all purposes hereunder. Nothing herein shall be deemed to obligate Lender to do any of the foregoing and the making of any one or more such payments, deposits or reserves shall not constitute an agreement by Lender to take any further or similar action or a waiver of any right of Lender hereunder.
Payments by Lender. At any time that an Event of Default exists, Lender may, in Lender's sole discretion and option, without the request or consent of Borrower, pay, or make an Advance of any amount which has not been disbursed under the Loan to pay, all or any portion of (i) accrued but unpaid interest under the Loan Documents to Lender; (ii) any or all costs of or related to construction of the Improvements by check or wire transfer directly to the parties entitled thereto as determined by Lender; (iii) any fees, charges, or expenses payable by Borrower to Lender pursuant to any of the Loan Documents; and (iv) any or all other expenses or amounts incurred or paid by Lender that are payable or reimbursable by Borrower to Lender pursuant to any of the Loan Documents; provided that Lender shall have no obligation to make any such payments or Advances. Lender can make any such payments or Advances from time to time in whole or in part, and in any order, that Lender determines in its sole discretion. Lender, at its option, may make any such Advance of Loan proceeds by debiting the Loan in the amount of the Advance and disbursing such amount to itself or any other payee. For these purposes, Lender is not restricted to the Allocations set forth in the Budget, and Lender shall have the right, at its option, to disburse Loan proceeds allocated to any of the Allocations for such other purposes and in such different proportions as Lender may, in its sole discretion, deem necessary or advisable. At any time that an Event of Default exists, if Lender elects, in Lender's sole discretion, to make any such payments with an Advance of Loan proceeds, such payments shall be treated as an Advance for all purposes, shall be due and payable by Borrower on the date the principal of the Note is due and payable, and shall accrue interest at the rate that the principal of the Note accrues interest. Any payments made by Lender in accordance with this Section (that Lender does not elect to treat as an Advance, shall be deemed Costs (as defined in the Deed to Secure Debt), shall constitute Indebtedness secured by the Deed to Secure Debt and other applicable Loan Documents, and shall be payable and accrue interest, as provided in the Deed to Secure Debt, unless the Loan Documents expressly provided otherwise with respect to such payments.
Payments by Lender. If Borrower neglects or refuses to pay the charges mentioned in Section 2 above, or fails to maintain the Mortgaged Property as aforesaid, Lender may do so, add the cost thereof to the Debt and collect the same from Borrower on demand with interest thereon until paid at a rate equal to the "Applicable Rate" set forth in the Note.
Payments by Lender. Upon any failure by Guarantor to observe or perform any covenant of this Agreement or if any representation in this Agreement is or becomes false, Lender may, at its option and in any manner reasonable under the circumstances, make any advance or incur any expense or otherwise act in its judgment as may seem advisable to protect Lender's security interest in any of the Collateral or carry out the covenants of Guarantor or make true any representation of Guarantor. All advances, costs and expenses (including reasonable attorney's fees) made, paid or incurred by Lender under this Agreement for the protection of Lender's security or rights in connection with the Collateral or in foreclosure proceedings commenced and subsequently abandoned, or in any dispute or litigation to which Lender or the holder of the Note may become involved by reason of or arising out of this Agreement, or to carry out any Obligation of Guarantor, shall be paid by Guarantor to Lender upon demand with interest from the date of advance or payment, until repaid, at the maximum default rate provided in the Note. All sums payable by Guarantor to the Lender under this Section shall be additional Obligations of Guarantor, secured by the lien of this Agreement. Nothing in this Section shall require Lender to incur any cost or expense or take any action.
