Payments by the Bank. The Bank shall be obligated to make payments in accordance with this Section until this Agreement shall have terminated and all amounts owing by the Bank under this Agreement shall have been paid by the Bank in full. On the fifth Business Day prior to each Distribution Date, the Bank shall deposit (A) in the related Specified Account, the portion of the Specified Account Invested Funds allocable to such Specified Account with respect to such Distribution Date plus the amount, if any (the "Reinvestment Earnings"), by which the Interest Payment (as defined below) for such Distribution Date exceeds the sum of (i) the aggregate amount of interest collected on the Contracts (adjusted with respect to each Contract to the Pass-Through Rate and exclusive of such collections that have been paid to the Master Servicer in reimbursement of a previous Advance) that is part of the Net Collections for such Distribution Date and (ii) the amount of the interest portion of the Advance for the related Due Period (assuming for this purpose that an Advance was made in respect of each delinquent Contract), and (B) in the Spread Account, the Spread Account Invested Funds, (C) in the Holding Account, the Holding Account Deposited Funds; provided, however, that if
Payments by the Bank. All sums to be advanced by the Bank to the Borrower under this Agreement in respect of the Loan shall be remitted in Dollars on the Drawdown Date to the account specified in the Drawdown Notice.
Payments by the Bank. To the extent permitted by applicable law, Mortgagor shall pay to the Bank, on demand, all reasonable expenses, (including reasonable attorneys' fees and expenses and reasonable consulting, accounting, appraisal, brokerage and similar professional fees and charges) actually incurred by the Bank, in connection with the Bank's exercise, preservation or enforcement of any of its rights, remedies and options set forth in this Mortgage (including without limitation any amounts expended pursuant to Sections 5.1 and 6.2(e) hereof) and in connection with any litigation, proceeding or dispute whether arising hereunder or otherwise relating to the Obligations, together with interest thereon to the extent permitted by applicable law until paid in full by Mortgagor at a rate per annum equal to three percent (3 %) above the rate of interest per annum announced from time to time by The First National Bank of Boston at its head office as its Base Rate. Any amounts owed by Mortgagor hereunder shall be, until paid, part of the Obligations, and the Bank shall be entitled, to the extent permitted by law, to receive and retain such amounts in any action for a deficiency against or redemption by the Mortgagor, or any accounting for the proceeds of a foreclosure sale or of insurance proceeds. All references to "attorneys" in this Section 7 and elsewhere in this Mortgage shall include without limitation any attorney or law firm engaged by the Bank and the Bank's in-house counsel, and all references to "fees and expenses" in this Mortgage shall include without limitation any fees of such attorney or law firm and any allocated charges and allocation costs of the Bank's in-house counsel. The obligations of Mortgagor under this Section 7.1 shall survive any payment or satisfaction of any of the other Obligations.
Payments by the Bank. The Bank shall be obligated to make payments in accordance with this Section until this Agreement shall have terminated and all amounts owing by the Bank under this Agreement shall have been paid by the Bank in full. On the fifth Business Day prior to each Distribution Date, the Bank shall deposit (A) in the related Specified Account, the portion of the Specified Account Invested Funds allocable to such Specified Account with respect to such Distribution Date plus the amount, if any (the "Reinvestment Earnings"), by which the Interest Payment (as defined below) for such Distribution Date exceeds the sum of (i) the aggregate amount of interest collected on the Contracts (adjusted with respect to each Contract to the Pass-Through Rate and exclusive of such collections that have been paid to the Master Servicer in reimbursement of a previous Advance) that is part of the Net Collections for such Distribution Date and (ii) the amount of the interest portion of the Advance for the related Due Period (assuming for this purpose that an Advance was made in respect of each delinquent Contract), and (B) in the Spread Account, the Spread Account Invested Funds, (C) in the Holding Account, the Holding Account Deposited Funds; provided, however, that if Invested Funds (or Holding Account Deposited Funds, as the case may be) are held in one or more segregated trust accounts at the Indenture Trustee or another depositary institution pursuant to paragraph (b), (c), or (d) of Section 2, then the Indenture Trustee shall, on the fifth Business Day prior to each Distribution Date, make or cause to be made the following respective deposits (as paragraphs (b), (c), and (d) of Section 2 are then applicable, respectively): (A) in each Specified Account, the Specified Account Invested Funds with respect to such Specified Account and such Distribution Date plus the net reinvestment income, if any, thereon, (B) in the Spread Account, the Spread Account Invested Funds plus the net reinvestment income, if any, thereon, (C) in the Holding Account, the Holding Account Deposited Funds; provided, further, that solely for purposes of this Agreement the Interest Payment for the first Distribution Date shall be calculated as interest for the period from the Cut-Off Date to and including , 1998.
Payments by the Bank. All payments by the Bank to the Participant shall be made by transfer of immediately available funds, without set-off or counterclaim, to the account or the address which the Participant specifies to the Bank from time to time. The Bank shall make at least one such wire transfer each day in which the Bank receives any such payments, and shall transfer all such payments on the same day they are received. All payments hereunder shall be made in Dollars.
Payments by the Bank. All costs, charges and expenses incurred hereunder and/or pursuant to the Power of Attorney referred to in Clause 9 by the Bank including any expenditure incurred in the creation, enforcement and/or preparation of this Assignment or in the giving of any notice or in the making of any demand for any monies secured by this Assignment and all other monies whatsoever paid by the Bank in respect of the said costs, charges, expenses and expenditure or otherwise howsoever and all or any other sums and monies paid or expended by the Bank under or pursuant to the provisions of this Assignment, whether express or implied shall be payable by the Borrower and/or the Assignor to the Bank and until full payment, the said sums shall bear interest thereon at the rate specified in the Facilities Agreement with monthly rests or yearly rests, as the case may be, in accordance with the type of banking facility applicable, (as well after as before any demand or judgment and irrespective of whether or not the banker customer relationship between the Bank and the Borrower has ceased or been terminated) from the date of the sums having been paid or expended to the date of full payment and the said sums together with interest shall be debited to the Borrower’s account and shall be deemed to be secured hereunder in addition to the principal sum hereby advanced and shall form part of the first payment due under this Assignment.
Payments by the Bank. (g) On each date on which the Bank is required to make a payment under a Finance Document, the Bank shall make the same available to the Company for value on the due date at the time and in such funds specified by the Bank as being customary at the time for settlement of transactions in the relevant currency in the place of payment.
Payments by the Bank. If a Consolidated Return is filed by the Group for any taxable year, the Bank’s payment obligation for such taxable year (the “Bank Payment Obligation”) shall be the amount set forth in paragraph (i) below as modified by paragraph (ii) below.
Payments by the Bank. (a) All costs, charges, and expenses incurred by the Bank under this Assignment, including: any expenditure incurred in the creation, registration, enforcement, and/or preparation of this Assignment, or in the giving of any notice, or in the making of any demand for any monies secured by this Assignment (including legal fees on a solicitor and client basis); paying any expenses or outgoings in respect of insuring/covering, repairing, maintaining, managing, or realising the Property and/or any fixtures, crops, or plants on the Property; all other monies whatsoever paid by the Bank in respect of the said costs, charges, expenses, and expenditure, or otherwise howsoever; defending, prosecuting, or otherwise taking part in or attending (whether on a watching brief as observer or otherwise) any action, enquiry, hearing, suit, or other proceedings affecting the Property and/or any fixture, crops, or plants on the Property, and all other payments and sums stipulated on a full indemnity basis; and all or any other sums and monies paid or expended by the Bank under or pursuant to the express or implied provisions of the Land Code and/or this Assignment, and other usual banker’s charges, will be payable by the Customer and/or the Assignor to the Bank.
Payments by the Bank. All of the terms of this Agreement shall be contingent upon receipt (A) by TNK, not later than the next business day following the execution of this Agreement, (i) of payment of from the Bank of the sum of Two Hundred Fifty Thousand ($250,000), and (ii) evidence that the Bank has made a payment in the amount of Fifty Thousand ($50,000) to the Strategic Paper Group; and (B) by Xxxxxx, Feinblatt, Rothman, Hoffberger and Xxxxxxxxx, LLC (the "Escrow Agent"), not later than the next business day following the execution of this Agreement, of payment of $300,000 (the "Escrow Amount") to be held in escrow pursuant to Section 3 hereof.
