Certain Amounts Sample Clauses

Certain Amounts. Whenever pursuant to this Note the Borrower is required to pay an amount in excess of the outstanding principal amount (or the portion thereof required to be paid at that time) plus accrued and unpaid interest plus Default Interest on such interest, the Borrower and the Holder agree that the actual damages to the Holder from the receipt of cash payment on this Note may be difficult to determine and the amount to be so paid by the Borrower represents stipulated damages and not a penalty and is intended to compensate the Holder in part for loss of the opportunity to convert this Note and to earn a return from the sale of shares of Common Stock acquired upon conversion of this Note at a price in excess of the price paid for such shares pursuant to this Note. The Borrower and the Holder hereby agree that such amount of stipulated damages is not plainly disproportionate to the possible loss to the Holder from the receipt of a cash payment without the opportunity to convert this Note into shares of Common Stock.
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Certain Amounts. Whenever pursuant to this Note the Borrower is required to pay an amount in excess of the outstanding principal amount (or the portion thereof required to be paid at that time) plus accrued and unpaid interest plus Default Interest on such interest, the Borrower and the Holder agree that the actual damages to the Holder from the receipt of cash payment on this Note may be difficult to determine and the amount to be so paid by the Borrower represents stipulated damages and not a penalty.
Certain Amounts. Except as otherwise provided in Section 2.08, a Defaulting Lender shall be entitled to receive any and all amounts payable to such Defaulting Lender pursuant to the terms hereof (including, without limitation, fees, expenses, reimbursements, and repayments and prepayments of Advances and any interest thereon) for any period during which such Lender is a Defaulting Lender; provided, however, that such Defaulting Lender shall only be entitled to receive fees, interest and repayments and prepayments of Advances to the extent allocable to the sum of (1) the outstanding principal amount of the Advances funded by it, and (2) its Pro Rata Share of the stated amount of Letters of Credit for which it has provided cash collateral satisfactory to the applicable Issuing Bank pursuant to Section 2.03(a).
Certain Amounts. If the Mortgagee exercises any of its rights or remedies under this Mortgage, or if any actions or proceedings (including any bankruptcy, insolvency or reorganization proceedings) are commenced in which the Mortgagee is made a party and is obliged to defend or uphold or enforce this Mortgage or the rights of the Mortgagee hereunder or the terms of any Lease (and at such time an Event of Default shall have occurred and is continuing), or if a condemnation proceeding is instituted affecting the Mortgaged Property (and at such time an Event of Default shall have occurred and is continuing), the Mortgagor will pay all reasonable sums, including reasonable attorneysfees and disbursements, incurred by the Mortgagee related to the exercise of any remedy or right of the Mortgagee pursuant hereto and the reasonable expenses of any such action or proceeding together with all statutory or other costs, disbursements and allowances, interest thereon from the date of demand for payment thereof at the Post-Default Rate, and such sums and the interest thereon shall, to the extent permissible by law, be a Lien on the Mortgaged Property prior to any right, title to, interest in or claim upon the Mortgaged Property attaching or accruing subsequent to the recording of this Mortgage and shall be secured by this Mortgage to the extent permitted by law. Any payment of amounts due under this Mortgage not made on or before the due date for such payments (including any applicable notice and grace period) shall accrue interest daily without notice from the due date until paid at the Post-Default Rate, and such interest at the Post-Default Rate shall be immediately due upon demand by the Mortgagee.
Certain Amounts. Whenever pursuant to this Note the Maker is required to pay an amount in excess of the outstanding Principal Amount, the Maker and the Holders agree that the actual damages to the Holders from the receipt of a cash payment on this Note may be difficult to determine and the amount to be so paid by the Maker represents stipulated damages and not a penalty and is intended to compensate the Holders in part for loss of opportunity. The Maker and the Holders hereby agree that such amount of stipulated damages is not plainly disproportionate to the possible loss to the Holders.
Certain Amounts. A flow of funds and disbursement schedule, certified --------------- by a Responsible Officer of the Company, demonstrating that the total purchase price to be paid by Offeror in connection with the completion of the Fort Xxxxx Acquisition shall not exceed $6,500,000,000;
Certain Amounts. Whenever pursuant to this Note the Company is required to pay an amount in excess of the principal amount of the outstanding Note (or the portion thereof required to be paid at that time) plus accrued and unpaid Interest (including but not limited to any Required Cash Payments), the Company and the Holder agree that the actual damages to the Holder from the receipt of cash payment on this Note may be difficult to determine and the amount to be so paid by the Company represents stipulated damages and not a penalty. The Company and the Holder hereby agree that such amount of stipulated damages is not plainly disproportionate to the possible loss to the Holder from the receipt of a cash payment without the opportunity to convert this Note into shares of Common Stock.
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Certain Amounts. Whenever pursuant to this Debenture the Borrower is required to pay an amount in excess of the outstanding principal amount (or the portion thereof required to be paid at ihat time) plus accrued and unpaid interest plus Default Interest on such interest, the Borrower and the Holder agree that the actual damages to the xxxxxxx from the receipt of cash payment on this Debenture may be difficult to determine and the amount to be so paid by the Borrower represents stipulated damages and not a penalty and is intended to compensate the Holder in part for loss of the opportunity to convert this Debenture and to earn a return from the sale of shares of Common Stock acquired upon conversion of this Debenture at a price in excess of the price paid for such shares pursuant to this Debenture. The Borrower and the Holder hereby agree that such amount of stipulated damages is not plainly disproportionate to the possible loss to the Holder from the receipt of a cash payment without the opportunity to convert this Debenture into shares of Common Stock.
Certain Amounts. 8 SECTION 1.3. Payment of Taxes, Liens and Charges; Removal of Liens................................................ 9 SECTION 1.4. Maintenance, Alterations and Waste........................ 10 SECTION 1.5. Plans..................................................... 11 SECTION 1.6. Insurance................................................. 11 SECTION 1.7. Assignment of Leases and Rents............................ 11 SECTION 1.8. Restrictions on Transfers and Encumbrances................ 13 SECTION 1.9. Security Agreement; Fixture Filing........................ 13 SECTION 1.10. Filing and Recording...................................... 14 SECTION 1.11. Further Assurances. Upon demand by....................... 14 SECTION 1.12. Additions to Mortgaged Property. All..................... 15 SECTION 1.14. Subrogation............................................... 15 SECTION 1.15. Flood Insurance........................................... 16 SECTION 1.16. Environmental Representations, Covenants and Indemnification..................................... 17 SECTION 1.17. Indemnification........................................... 20 SECTION 1.18. Compliance with Legal Requirements; Recorded Documents...................................... 21 Article II.
Certain Amounts. (a) This Mortgage is given pursuant to the Note Purchase Agreements. Each and every term and provision of the Collateral Agency Agreement and the Note Purchase Agreements including the rights, remedies, obligations, covenants, conditions, agreements, indemnities, representations and warranties of the parties thereto shall be considered as if a part of this Mortgage.
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