Common use of Payments; Application Clause in 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 costs and expenses (including attorneys fees) incurred by the Holders in enforcing this Guaranty or in collecting the Guarantied Obligations; second, to all accrued and unpaid interest, premium, if any, and fees owing to the Holders constituting Guarantied Obligations; and third, to the balance of the Guarantied Obligations.

Appears in 2 contracts

Samples: Rescission, Restructuring and Assignment Agreement (Integrated Healthcare Holdings), Payment Agreement (Chaudhuri Kali P)

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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 costs and expenses (including attorneys fees) incurred by the Holders 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 the Holders Lender Group constituting Guarantied Obligations; and third, to the balance of the Guarantied Obligations.

Appears in 2 contracts

Samples: Financing Agreement (Gart Sports Co), General Continuing Guaranty (Star Telecommunications 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 costs and expenses (including reasonable attorneys fees) incurred by the Holders 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 the Holders Lender Group constituting Guarantied Obligations; and third, to the balance of the Guarantied Obligations.

Appears in 2 contracts

Samples: General Continuing (Hudson Respiratory Care Inc), General Continuing (Hudson Respiratory Care 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 costs and expenses (including attorneys reasonable attorneys' fees) incurred by the Holders 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 the Holders Lender Group constituting Guarantied Obligations; and third, to the balance of the Guarantied Obligations.

Appears in 1 contract

Samples: Learningstar Corp

Payments; Application. All payments to be made hereunder by any Guarantor to Agent 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 costs and expenses (including reasonable attorneys fees) incurred by the Holders Lender Group or the Bank Product Providers in enforcing this Guaranty or in collecting the Guarantied Obligations; second, to all accrued and unpaid interest, premium, if any, and fees owing to the Holders Lender Group or the Bank Product Providers constituting Guarantied Obligations; and third, to the balance of the Guarantied Obligations.

Appears in 1 contract

Samples: General Continuing Guaranty (GXS Corp)

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 costs and expenses (including reasonable attorneys fees) incurred by Lender or the Holders Bank Product Providers in enforcing this Guaranty or in collecting the Guarantied Obligations; second, to all accrued and unpaid interest, premium, if any, and fees owing to Lender or the Holders Bank Product Providers constituting Guarantied Obligations; and third, to the balance of the Guarantied Obligations.

Appears in 1 contract

Samples: General Continuing Guaranty (Mortons Restaurant Group 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 costs and expenses (including attorneys attorneys’ fees) incurred by the Holders Beneficiaries in enforcing this Guaranty or in collecting the Guarantied Obligations; second, to all accrued and unpaid interest, premium, if any, and fees owing to the Holders Beneficiaries constituting Guarantied Obligations; and third, to the balance of the Guarantied Obligations.

Appears in 1 contract

Samples: Credit Agreement (Monarch Casino & Resort 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 costs and expenses (including attorneys fees) incurred by the Holders 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 the Holders Lender Group constituting Guarantied Obligations; and third, to the balance of the Guarantied Obligations.

Appears in 1 contract

Samples: General Continuing Guaranty (Gart Sports Co)

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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 costs and expenses (including attorneys attorneys’ fees) incurred by the Holders Beneficiaries in enforcing this Guaranty or in collecting the Guarantied Obligations; second, to all accrued and unpaid interest, premium, if any, and fees owing to the Holders Beneficiaries constituting Guarantied Obligations; and third, to the balance of the Guarantied Obligations.

Appears in 1 contract

Samples: Guaranty (Global Cash Access Holdings, 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 costs and expenses (including attorneys fees) incurred by the Holders Lender in enforcing this Guaranty or in collecting the Guarantied Obligations; second, to all accrued and unpaid interest, premium, if any, and fees owing to the Holders Lender constituting Guarantied Obligations; and third, to the balance of the Guarantied Obligations.

Appears in 1 contract

Samples: Suretyship Agreement (Hall Kinion & Associates Inc)

Payments; Application. All payments to be made hereunder by Guarantor Guarantors 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 Guarantors hereunder shall be applied as follows: first, to all reasonable costs and expenses (including attorneys attorneys' fees) incurred by the Holders Beneficiaries in enforcing this Guaranty or in collecting the Guarantied Obligations; second, to all accrued and unpaid interest, premium, if any, and fees owing to the Holders Beneficiaries constituting Guarantied Obligations; and third, to the balance of the Guarantied Obligations.

Appears in 1 contract

Samples: Construction and Reducing Revolving Credit Agreement (Monarch Casino & Resort Inc)

Payments; Application. All payments to be made hereunder by Guarantor to Lender 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 costs and expenses (including reasonable attorneys fees) incurred by the Holders Lender in enforcing this Guaranty or in collecting the Guarantied Obligations; second, to all accrued and unpaid interest, premium, if any, and fees owing to the Holders Lender constituting Guarantied Obligations; and third, to the balance of the Guarantied Obligations.

Appears in 1 contract

Samples: General Continuing Guaranty (Shoe Pavilion Inc)

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