Common use of Payments; Application Clause in Contracts

Payments; Application. Each Guarantor agrees that all obligations of such Guarantor hereunder shall be paid solely in U.S. Dollars to the Lender in immediately available funds, without set-off, counterclaim or other defense and in accordance with Sections 3.2, 3.3, 4.3 and 4.4 of the Credit Agreement, free and clear of and without deduction for any Non-Excluded Taxes, such Guarantor hereby agreeing to comply with and be bound by the provisions of Sections 3.2, 3.3, 4.3 and 4.4 of the Credit Agreement in respect of all payments and application of such payments made by it hereunder and the provisions of which Sections are hereby incorporated into and made a part of this Guarantee by this reference as if set forth herein; provided, that references to the “Borrower” in such Sections shall be deemed to be references to such Guarantor, and references to “this Agreement” in such Sections shall be deemed to be references to this Guarantee.

Appears in 15 contracts

Samples: Credit Agreement (TransMedics Group, Inc.), Guarantee (TransMedics Group, Inc.), Credit Agreement (TransMedics Group, Inc.)

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Payments; Application. Each Guarantor agrees that all obligations of such Guarantor hereunder shall be paid solely in U.S. Dollars to the Lender in immediately available funds, without set-off, counterclaim or other defense and in accordance with Sections 3.2, 3.3, 4.3 and 4.4 of the Credit Agreement, free and clear of and without deduction for any Non-Excluded Taxes, such Guarantor hereby agreeing to comply with and be bound by the provisions of Sections 3.2, 3.3, 4.3 and 4.4 of the Credit Agreement in respect of all payments and application of such payments made by it hereunder and the provisions of which Sections are hereby incorporated into and made a part of this Guarantee by this reference as if set forth herein; provided, that references to the “Borrower” in such Sections shall be deemed to be references to such Guarantor, and references to “this Agreement” in such Sections shall be deemed to be references to this Guarantee.

Appears in 3 contracts

Samples: Acknowledgement and Agreement (Unilife Corp), Acknowledgement and Agreement (Unilife Corp), Guarantee (Unilife Corp)

Payments; Application. Each Guarantor agrees that all obligations of payments made by such Guarantor hereunder shall will be paid solely made in U.S. Dollars to the Lender Administrative Agent in immediately available funds, without set-off, counterclaim or other defense and in accordance with Sections 3.2, 3.3, 4.3 4.6 and 4.4 4.7 of the Credit Agreement, free and clear of and without deduction for any Non-Excluded Taxes, such each Guarantor hereby agreeing to comply with and be bound by the provisions of Sections 3.2, 3.3, 4.3 4.6 and 4.4 4.7 of the Credit Agreement in respect of all payments and application of such payments made by it hereunder and each Secured Party hereby agreeing to comply with and be bound by the provisions of Sections 4.6 and 4.7 of the Credit Agreement in respect of all payments and application of payments received by such Secured Party and the provisions of which Sections are hereby incorporated into and made a part of this Guarantee Guaranty by this reference as if set forth herein; provided, that references to the “Borrower” in such Sections shall be deemed to be references to such each Guarantor, and references to “this Agreement” in such Sections shall be deemed to be references to this GuaranteeGuaranty.

Appears in 2 contracts

Samples: Subsidiary Guaranty (Kansas City Southern), Subsidiary Guaranty (Kansas City Southern De Mexico, S.A. De C.V.)

Payments; Application. Each Guarantor agrees that all obligations of such Guarantor hereunder shall be paid solely in U.S. Dollars to the Lender Secured Parties in immediately available funds, without set-off, counterclaim or other defense and in accordance with Sections 3.22.4, 3.32.5, 4.3 2.6, 2.7 and 4.4 3.1 of the Credit Agreement, free and clear of and without deduction for any Nonnon-Excluded Taxes, such Guarantor hereby agreeing to comply with and be bound by the provisions of Sections 3.22.4, 3.32.5, 4.3 2.6, 2.7 and 4.4 3.1 of the Credit Agreement in respect of all payments and application of such payments made by it hereunder and the provisions of which Sections are hereby incorporated into and made a part of this Guarantee by this reference as if set forth herein; provided, that references to the “Borrower” in such Sections shall be deemed to be references to such Guarantor, and references to “this Agreement” in such Sections shall be deemed to be references to this Guarantee.

Appears in 1 contract

Samples: Guarantee (Workhorse Group Inc.)

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Payments; Application. Each Guarantor agrees that all obligations of payments made by such Guarantor hereunder shall will be paid solely made in U.S. Dollars to the Lender in immediately available fundsAdministrative Agent, without set-offsetoff, counterclaim or other defense and in accordance with Sections 3.2, 3.3, 4.3 3.01 and 4.4 8.03 of the Credit Agreement, free and clear of and without deduction for any Non-Excluded Taxes, such each Guarantor hereby agreeing to comply with and be bound by the provisions of Sections 3.2, 3.3, 4.3 3.01 and 4.4 8.03 of the Credit Agreement in respect of all payments and application of such payments made by it hereunder and the provisions of which Sections are hereby incorporated into and made a part of this Guarantee Guaranty by this reference as if set forth herein; provided, provided that references to the “Borrower” or “Borrowers” in such Sections shall be deemed to be references to such each Guarantor, and references to “this Agreement” in such Sections shall be deemed to be references to this GuaranteeGuaranty.

Appears in 1 contract

Samples: Security Agreement (Asyst Technologies Inc)

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