Payments Contract Clauses (8,435)

Payments. All payments of principal and interest on the Loan that are to be paid in cash shall be paid to Lender in immediately available funds, to such account as Lender may specify in writing. All payments made by the Borrower hereunder shall be applied first to all costs incurred by Lender which are to be reimbursed or otherwise paid by the Borrower pursuant to the terms hereof, second to interest accrued through the date of such payment, and then in satisfaction of outstanding principal. In each case... unless otherwise directed by the Borrower, all principal payments shall be applied in direct order of amortization and maturity. If all or any portion of the principal and interest owed pursuant to the Loan is due and payable on a day that is not a Business Day, such time for payment shall be extended to the next succeeding Business Day. "Business Day" means a day on which banks are not required or authorized by law to close in New York City. View More

Payments. The Principal Amount of this Note and any other sums owed hereunder, shall be due and payable at the close of business on March 1, 2016. All payments and prepayments shall, at the option of Holder, be credited first to any costs of collection and second to the Principal Amount.

Payments. All amounts payable here under shall be paid in lawful money of the United States by certified check or wire transfer. Maker may repay all or any portion of the unpaid principal amount of this Note without any premium or penalty. The unpaid principal and accrued interest under this Note shall become all due and payable on November 10, 2016 (the "Maturity Date"). This Note shall bear interest at the rate of 6% per annum.

Payments. Notwithstanding Section 6(a) of the Plan, the EBI Units shall become payable on the earlier of (i) December 31, 2016, (ii) a "change in control event" as defined in Code Section 409A, (iii) Participant's "separation from service," as defined in Code Section 409A, by reason of his Disability (as defined in the Employment Agreement), or (iv) Participant's death. The other terms and conditions of payment with respect to the EBI Units are provided in Section 6(b) of the Plan. Pursuant to Section... 9(j) of the Plan, notwithstanding anything herein to the contrary, if the EBI Units would otherwise be payable under this Agreement by reason of Participant's separation from service during a period in which he is a "specified employee" within the meaning of Section 409A(a)(2)(B)(i), then, subject to any permissible acceleration of payment by the Company under Treas. Reg. Section 1.409A-3(j)(4)(vi), then payment with respect to the EBI Units will be made on the first day of the seventh month following Participant's separation from service (or, if Participant dies during such period, within 30 days after Participant's death). View More

Payments. (a) The Purchaser encloses herewith a check payable to, or will immediately make a wire transfer payment to the Company in the full amount of the purchase price of the Units being subscribed for. Wire transfer instructions are set forth on page 12 hereof under the heading "To subscribe for Units in the private offering of GrowGeneration Corp." Each Purchaser must also deliver two completed and executed Omnibus Signature Pages to this Subscription Agreement and the Registration Rights Agreement,... in the form of Annex B to the Memorandum (the "Registration Rights Agreement"). View More

Payments. Each Equipment Note shall provide for scheduled "Payments" of principal and interest payable by Borrower to Lender in the amounts and at the times during the "Equipment Note Term" through and including the "Maturity Date", all as provided in such Equipment Note. All payments made pursuant to any Equipment Note shall be paid to Agent for the benefit of Lender. All payments received by Agent after 1:00 p.m. Eastern on any due date shall be deemed received on the next succeeding Business Day and... any applicable interest shall continue to accrue. If any Payment or other amount payable hereunder is not paid within 5 days of its due date, Borrower shall pay an administrative late charge of 2% of the amount not timely paid. All Payments and other amounts payable under an Equipment Note shall be made in immediately available funds at Agent's address above or such other place as Agent shall specify in writing. Borrower shall have the right to prepay any Equipment Note as provided therein. It is the intention of Lender to comply with all applicable usury laws and, accordingly, it is agreed that notwithstanding anything to the contrary contained herein or in any Equipment Note, in no event shall any provision herein or therein require or permit interest in excess of the maximum amount permitted by applicable law. If necessary to give effect to these provisions, Lender will, at its option, in accordance with applicable law, either refund any amount to Borrower to the extent in excess of that allowed by applicable law, or credit such excess amount against the then unpaid principal balance under the applicable Equipment Note(s). Unless otherwise provided herein, all amounts received under any Equipment Note will be applied, first, to accrued late charges, fees and other costs and expenses due and owing, second, to accrued interest and, third, to unpaid principal. View More

Payments. When this Option is exercised, payment of the total Exercise Price for the shares being purchased shall be made to the Company (a) in cash (including check, bank draft or money order); (b) by transfer from you to the Company of shares of Stock (other than shares of Stock that the Committee determines by rule may not be used to exercise this Option) that you have held for more than six months with a then current aggregate Fair Market Value equal to the total Exercise Price for the portion of... this Option being exercised; (c) by the Company retaining a number of shares of the Stock deliverable upon exercise of this Option whose aggregate Fair Market Value is equal to the Exercise Price to be paid in connection with such exercise; or (d) to the extent permissible under applicable law, delivery to the Company of (i) a properly executed exercise notice, (ii) irrevocable instructions to a broker to sell a sufficient number of the shares being exercised to cover the Exercise Price and promptly deliver to the Company (on the same day that the shares of Stock issuable upon exercise are delivered) the amount of sale proceeds required to pay the Exercise Price and any required tax withholding related to the exercise, and (iii) such other documentation as the Committee and the broker shall require to effect a same day exercise and sale. In the event the Committee subsequently determines that the aggregate Fair Market Value of Stock or any other consideration delivered as payment of the Exercise Price is insufficient to pay the entire Exercise Price, then you shall pay to the Company, immediately upon the Company's request, the amount of the deficiency in the form of payment requested by the Committee. View More

Payments. 5.01 Payment of Loan Segments. Each Loan Segment shall be repaid in equal monthly principal and interest payments, based on the Adjusted Principal Balance of each Loan Segment amortized over a period beginning with the date of creation of the Loan Segment and ending on January 1, 2033. Such payments shall be due and payable, commencing on the first day of the month beginning on February 1, 2013, and shall continue on the first day of each month thereafter until the Loan is paid in full.... Provided however, so long as there is no Event of Default or Incipient Default, upon a Pricing Date for a Loan Segment, Lender will reamortize the Adjusted Principal Balance of the Loan Segment on such Pricing Date over the period from such Pricing Date to January 1, 2033. 5.02 Payment in Full on Loan Maturity Date. The unpaid principal balance, unpaid interest thereon, and other amounts due under this Note and the other Loan Documents shall be paid in full on the Loan Maturity Date. The payment required in Paragraph 5.01 results in a balloon payment being due on the Loan Maturity Date. 5.03 Manner of Payments. Upon Lender's written request, payments shall be electronically submitted no later than 10:00 a.m. Spokane time on the date specified for payment. If any payment date is not a Business Day, then payment shall be due on the next succeeding Business Day. All sums payable to Lender hereunder shall be paid directly to Lender in immediately available funds in U.S. dollars. Lender shall send to Borrower periodic statements of all amounts due hereunder at applicable interest rates, which statements shall be considered correct and conclusively binding on Borrower in all respects and for all purposes unless Borrower notifies Lender in writing of any objections within 15 days of receipt of any such statement, provided, however, that failure to receive a periodic statement shall not excuse payment of any sums payable hereunder. 5.04 Application of Payments. Lender may apply any payment received from or on behalf of Borrower to principal, interest, or any part of the indebtedness, including any fees and expenses due under this Note or any other Loan Document, as Lender, in its sole discretion, may choose. Subject to the preceding sentence, Borrower may at any time pay any amount of principal in advance of its maturity subject to the Prepayment Fee described herein. Unless Lender otherwise elects, so long as there is no Event of Default, principal prepayments shall reduce the balance owing and discharge the indebtedness at an earlier date, but shall not alter the obligation to pay scheduled Note and Loan Agreement (Seventh Avenue Poulsbo, LLC/Note No. 6097341)15 payments until the indebtedness is paid in full. In addition, so long as there is no Event of Default or Incipient Default, principal prepayments shall be applied to principal under a given Loan Segment, as selected by Borrower, in inverse order of their maturity, and shall not alter the obligation to pay scheduled payments until the indebtedness for each Loan Segment is paid in full. 5.05 Right of Setoff. If an Event of Default shall have occurred and be continuing, Lender is hereby authorized at any time and from time to time, to the fullest extent permitted by applicable Law, to set off and apply any and all deposits (general or special, time or demand, provisional or final, in whatever currency) at any time held and other obligations (in whatever currency) at any time owing by Lender to or for the credit or the account of Borrower against any and all of the obligations of Borrower now or hereafter existing under this Note or any other Loan Document to Lender, irrespective of whether or not Lender shall have made any demand under this Note or any other Loan Document and although such obligations of Borrower may be contingent or unmatured or are owed to a branch or office of Lender different from the branch or office holding such deposit or obligated on such indebtedness. The rights of Lender under this Paragraph 5.05 are in addition to other rights and remedies (including other rights of setoff) that Lender may have. 5.06 Disbursements. Borrower agrees that all Loan funds disbursed shall be used only for the Loan Purpose. View More

Payments. With respect to each Performance Stock Unit that vests in accordance with the schedule set forth in paragraph 8 below, you will be entitled to receive a number of shares of Common Stock equal to one times the Payment Percentage set forth opposite the Achievement Percentage in paragraph 7 below. Subject to paragraph 5 below, and further subject to satisfaction of the Performance Goals, you will be paid such share(s) of Common Stock with respect to each vested Performance Stock Unit within thirty... (30) days following the later of: (i) the applicable vesting date set forth in paragraph 7 below; and (ii) the date of certification of the Achievement Percentage attained with respect to the applicable Performance Goal (as defined below) by the Committee, to the extent administratively practicable. View More

Payments. In consideration for the terminations and partial unwinds referred to in Sections 2 and 3 above, on the first Scheduled Trading Day following the conclusion of the Measurement Period, or if such day is not a Clearance System Business Day, on the next Clearance System Business Day immediately following such day, Dealer shall pay to the Company in immediately available funds, cash in an amount equal to the product of (i) the 1,245,059 multiplied by (ii) the Cash Settlement Amount per Option in... respect of such Measurement Period. "Cash Settlement Amount per Option" means the amount as determined based on the grid attached as Exhibit A to this Agreement. View More