Payments Contract Clauses (2,652)

Grouped Into 167 Collections of Similar Clauses From Business Contracts

This page contains Payments clauses in business contracts and legal agreements. We have organized these clauses into groups of similarly worded clauses.
Payments. All payments under this Agreement shall be made in cash. Subject to paragraph 7(a), as soon as practicable after the end of the Award Cycle (but in no event later than March 15, 2020), the value of the vested PSUs (minus any withholding for taxes) shall be paid to the Participant (subject, however, to any deferral election that the Participant has made under the deferral plan (if any) then available to the Participant). The amount of cash that shall be paid (plus withholding for taxes and any ap...plicable deferral amount) shall equal the number of vested PSUs (as provided in paragraph 5(b)) times the closing price of Verizon's common stock on the NYSE as of the last trading day in the Award Cycle. If the Participant dies before any payment due hereunder is made, such payment shall be made to the Participant's beneficiary, as designated under paragraph 11. Once a payment has been made with respect to a PSU, the PSU shall be canceled; however, all other terms of the Agreement, including but not limited to the Participant's obligations and restrictions set forth in Exhibits A and B to this Agreement, shall remain in effect. View More
Payments. All payments under this Agreement shall be made in cash. Subject to paragraph 7(a), as soon as practicable after the end vesting date of the Award Cycle applicable installment of the RSUs specified in Section 5(a) (but in no event later than March 15, 2020), thirty (30) days after the applicable vesting date), the value of shares that vested on the vested PSUs applicable vesting date (minus any withholding for taxes) shall be paid to the Participant (subject, however, to any deferral election th...at the Participant has made under the deferral plan (if any) then available to the Participant). Participant. The amount of cash that shall be paid (plus withholding for taxes and any applicable deferral amount) taxes) shall equal the number of RSUs that vested PSUs (as provided in paragraph 5(b)) on the applicable vesting date times the closing price of Verizon's common stock on the NYSE as of the applicable vesting date (or if the common stock is not traded on such vesting date, last trading day in date that immediately precedes the Award Cycle. applicable vesting date). If the Participant dies before any payment due hereunder is made, such payment shall be made to the Participant's beneficiary, as designated under paragraph 11. Once a payment has been made with 1 respect to a PSU, RSU, the PSU RSU shall be canceled; cancelled; however, all other terms of the Agreement, including but not limited to the Participant's obligations and restrictions set forth in Exhibits A and B to this Agreement, shall remain in effect. View More
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Payments. The Company shall deliver to the Participant within 30 days following the vesting date of the Restricted Stock Units a number of Shares equal to the aggregate number of Restricted Stock Units that vest as of such date. No fractional Shares shall be delivered; the Company shall pay cash in respect of any fractional Shares. The Company may deliver such shares either through book entry accounts held by, or in the name of, the Participant or cause to be issued a certificate or certificates represent...ing the number of Shares to be issued in respect of the Restricted Stock Units, registered in the name of the Participant. (b) Withholding Requirements. The Company will have the power and the right to deduct or withhold automatically from any Shares deliverable under this Agreement, or to require the Participant or the Participant's representative to remit to the Company, the minimum statutory amount necessary to satisfy federal, state and local taxes, domestic or foreign, required by law or regulation to be withheld with respect to any taxable event arising as a result of this Agreement. View More
Payments. The Company shall deliver to the Participant within 30 days a. Settlement. Promptly following the vesting date of the Restricted Stock Units (but no later than 60 days following each such vesting date), the Company shall deliver to the Participant (or the Participant's legal representatives of the estate of the Participant) a number of Shares shares of Common Stock equal to the aggregate number of Restricted Stock Units that vest vested as of such date. No fractional Shares shares of Common Stoc...k shall be delivered; the Company shall pay cash in respect of any fractional Shares. shares of Common Stock. The Company may deliver such shares either through book entry accounts held by, or in the name of, the Participant or cause to be issued a certificate or certificates representing the number of Shares shares of Common Stock to be issued in respect of the Restricted Stock Units, registered in the name of the Participant. (b) If the 60-day period following the vesting date of the Restricted Stock Units extends across two calendar years, settlement shall always occur in the second calendar year. b. Withholding Requirements. The Company will shall have the power and the right to deduct or withhold automatically from any Shares shares of Common Stock or cash deliverable under this Agreement, or to require the Participant or the Participant's representative to remit to the Company, the minimum statutory amount necessary to satisfy federal, state and local taxes, domestic or foreign, taxes required by law or regulation to be withheld with respect to any taxable event arising as a result of this Agreement. Agreement (collectively, "Withheld Taxes"). If the Restricted Stock Units are settled in shares of Common Stock, all or a portion of the applicable Withheld Taxes may, except as otherwise determined by the Committee at such time, be paid by reducing the number of shares of Common Stock otherwise deliverable upon such settlement by the number of shares of Common Stock having an aggregate Fair Market Value equal to the applicable Withheld Taxes (or a portion thereof). View More
Payments. The Company shall deliver to the Participant within 30 thirty (30) days following the vesting date of the Restricted Stock Units Committee's certification pursuant to Section 1, a number of Shares equal to the aggregate number of Restricted Performance Stock Units that vest as of such date. have vested pursuant to Exhibit A. No fractional Shares shall be delivered; the Company shall pay cash in respect of any fractional Shares. delivered. The Company may 2 deliver such shares either through book... entry accounts held by, or in the name of, the Participant or cause to be issued a certificate or certificates representing the number of Shares to be issued in respect of the Restricted Performance Stock Units, registered in the name of the Participant. (b) Withholding Requirements. The Company will shall have the power and the right to deduct or withhold automatically from any Shares deliverable under this Agreement, or to require the Participant or the Participant's representative to remit to the Company, the minimum statutory amount necessary to satisfy federal, state and local taxes, domestic or foreign, required by law or regulation to be withheld with respect to any taxable event arising as a result of this Agreement. Agreement, or in the sole discretion of the Committee, such greater amount necessary to satisfy the Participant's expected tax liability, provided that, the withholding of such greater amount does not result in adverse tax or accounting consequences to the Company. View More
Payments. The Company shall deliver to the Participant within 30 days following the vesting date of the Restricted Stock Units a number of Shares equal to the aggregate number of Restricted Stock Units that vest as of on such date. No fractional Shares shall be delivered; the Company shall pay cash in respect of any fractional Shares. The Company may deliver such shares Shares either through book entry accounts held by, or in the name of, the Participant or cause to be issued a certificate or certificates... representing the number of Shares to be issued in respect of the Restricted Stock Units, registered in the name of the Participant. (b) Withholding Requirements. The [The Company will have the power and the right to deduct or withhold automatically from any Shares deliverable under this Agreement, Agreement or from any other compensation payable to the Participant, or to require the Participant or the Participant's representative to remit to the Company, up to the minimum maximum statutory amount necessary to satisfy federal, state and local taxes, domestic or foreign, required by law or regulation to be withheld with respect to any taxable event arising as a result of this Agreement. Nothing in this Agreement may be construed as relieving the Participant of his or her obligation to satisfy all taxes required to be withheld in connection with the award, vesting or settlement of the Restricted Stock Units. ]1 [The Participant is responsible for satisfying and paying all taxes arising from or due in connection with the award, vesting or settlement of the Restricted Stock Units. The Company will have no liability or obligation related to the foregoing. ]2 4. Adjustment of Shares. In the event of any change with respect to the outstanding shares of Common Stock contemplated by Section 4.5 of the Plan, the Restricted Stock Units may be adjusted by the Committee in accordance with Section 4.5 of the Plan. View More
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Payments. Payments in respect of any RSUs that vest in accordance herewith shall be made to the Participant (or in the event of the Participant's death, to his or her estate) in whole Shares, and any fractional Share will be rounded as determined by the Company; provided, however, that in no event shall the aggregate number of RSUs that vest or become payable hereunder exceed the total number of RSUs set forth in Section 1 of this Agreement. The Company shall make such payments as soon as practicable afte...r the applicable vesting date, but in any event within sixty (60) days after such vesting date. View More
Payments. Payments in respect of any RSUs that vest in full in accordance herewith shall be made to the Participant (or in the event of the Participant's death, to his or her estate) in whole Shares, and any fractional Share will be rounded as determined by to the Company; nearest whole Share; provided, however, that in no event shall the aggregate number of RSUs that vest or become payable hereunder exceed the total number of RSUs set forth in Section 1 of this Agreement. The Company shall make such paym...ents as soon as practicable after the applicable vesting date, Vesting Date, but in any event within sixty (60) thirty (30) days after such Vesting Date; provided that, in the event of vesting date. upon a Change in Control under Section 5(c) above, such payment shall be made or deemed made immediately preceding and effective upon the occurrence of such Change in Control. View More
Payments. Payments in respect of any RSUs that vest in accordance herewith shall be made to the Participant (or in the event of the Participant's death, to his or her estate) in whole Shares, and any fractional Share will be rounded as determined by the Company; provided, however, that in no event shall the aggregate number of RSUs that vest or become payable hereunder exceed 100% of the total number of RSUs set forth in Section 1 of this Agreement. The Company shall make such payments as soon as practica...ble after the applicable vesting date, but in any event within sixty (60) twenty (20) days after such vesting date. date, provided that, in the event of vesting upon a Change in Control under Section 5(b) above, such payment shall be made or deemed made immediately preceding and effective upon the occurrence of such Change in Control. View More
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Payments. Within 30 days following the conclusion of the Vesting Period, Grantee shall receive a number of shares of Stock (in certificate or book entry form and rounded to the nearest whole share) equal to the number of Performance Stock Units with respect to which the Performance Criteria have been satisfied; provided, however, that if the Grantee's service with the Company and its Subsidiaries ends earlier than the end of the Vesting Period under circumstances that entitle the Grantee to payment, then ...the time of payment and the number of shares that the Grantee will receive will be determined in accordance with the Governing Documents. Any non-vested Performance Stock Units will be forfeited by Grantee and no benefits will be payable under this Agreement with respect to such non-vested Performance Stock Units. View More
Payments. Within Except as provided in paragraph 5, within 30 days following the conclusion of the Vesting Period, Grantee shall receive a number of shares of Stock (in certificate or book entry form and rounded to the nearest whole share) equal to the number of Performance Stock Units with respect to which the Performance Criteria have been satisfied; provided, however, that if the Grantee's service with the Company and its Subsidiaries ends earlier than the end of the Vesting Period under circumstances ...that entitle the Grantee to payment, then the time of payment and the number of shares that the Grantee will receive will be determined in accordance with the Governing Documents. satisfied. Any non-vested Performance Stock Units will be forfeited by Grantee and no benefits will be payable under this Agreement with respect to such non-vested Performance Stock Units. View More
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Payments. Subject to the terms and conditions of this Agreement, the amount of cash that becomes payable to the Employee pursuant to this Performance Award (the "Cash Value") will be based on whether and to what extent the threshold, target or maximum performance level of the performance goals is achieved, as set forth in the attached Exhibit B and as determined by the Compensation Committee of the Company's Board of Directors (the "Committee") in its sole discretion. The threshold, target and maximum amo...unts set forth above represent the Cash Value amount that becomes payable to the Employee if the Company achieved all of the performance goals at the threshold, target or maximum level, respectively. The Employee will receive a Cash Value pursuant to this Performance Award if one or more performance goals is achieved at or above the threshold level. The determination of the Cash Value amount will occur as soon as practicable after the Committee determines, in its sole discretion after the end of the Performance Period (or, in the case of a Change in Control (as defined in the Plan), after the Truncated Performance Period, as applicable), whether, and the extent to which, the performance goals have been achieved (the "Determination Date"). As soon as administratively feasible following the Determination Date (but in no event later than 75 days following the end of the Performance Period), the Company shall credit the Cash Value to a notional account established under the Apogee Enterprises, Inc. 2011 Deferred Compensation Plan (the "Deferred Compensation Plan"). Thereafter, the LTI Account shall be credited with earnings, gains or losses in accordance with the terms of the Deferred Compensation Plan. All amounts credited to the account (the "LTI Account") shall remain subject to forfeiture pending the Employee remaining in employment with the Company through April 28, 2019 (the "Retention Period"), except as provided in paragraphs 6, 7 and 8 below. View More
Payments. Subject to the terms and conditions of this Agreement, the amount of cash that becomes payable to be paid (the "Cash Payment") and shares to be issued (the "Share Payment") to the Employee pursuant to this Performance Award (the "Cash Value") will be based on whether and to what extent the threshold, target or maximum performance level levels of the performance goals is are achieved, as set forth in the attached Exhibit B and as determined by the Compensation Committee of the Company's Board of ...Directors (the "Committee") in its sole discretion. The threshold, target and maximum amounts set forth above represent the Cash Value amount that becomes payable to the Employee if the Company achieved all of the performance goals at the threshold, target or maximum level, respectively. The Employee will not receive a Cash Value payment pursuant to this Performance Award if unless one or more performance goals is achieved at or above the threshold level. The determination of the Cash Value payment amount will occur as soon as practicable after the Committee determines, in its sole discretion after the end of the Performance Period (or, in the case of a Change in Control (as defined in the Plan), after the Truncated Performance Period, as applicable), whether, and the extent to which, the performance goals have been achieved (the "Determination Date"). As soon as administratively feasible following the Determination Date (but in no event later than 75 days following the end of the Performance Period), the Company shall credit the Cash Value to a notional account established under the Apogee Enterprises, Inc. 2011 Deferred Compensation Plan (the "Deferred Compensation Plan"). Thereafter, the LTI Account shall be credited with earnings, gains or losses in accordance with the terms of the Deferred Compensation Plan. All amounts credited pay to the account (the "LTI Account") shall remain subject Employee any Cash Payment or Share Payment to forfeiture pending which the Employee remaining in employment with the Company through April 28, 2019 (the "Retention Period"), except as provided in paragraphs 6, 7 and 8 below. has become entitled. View More
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Payments. (a) Monthly Payments. The Borrower shall make monthly payments of principal and interest to the Holder on the dates and in the amounts based on the payment and amortization schedule attached hereto as Exhibit "A"; provided, however, notwithstanding anything contained in this Note or the payment schedule attached hereto to the contrary, and notwithstanding the fact that the payment schedule provides for payments to be made on dates beyond the Revised Maturity Date, all Obligations shall be due an...d payable in full on the Revised Maturity Date. In the event the day of any calendar month on which a payment is due hereunder is not a Business Day, then said payment shall be due on the first Business Day thereafter occurring. (b) Prepayment Prior to Maturity. The Borrower, at its option, shall have the right to prepay this Note in full and for cash, at any time prior to the Revised Maturity Date, with three (3) Business Days advance written notice (the "Prepayment Notice") to the Holder. The amount required to prepay this Note in full pursuant to this Section 1(c) shall be equal to: (i) the aggregate principal amount then outstanding under this Note; plus (ii) all accrued and unpaid interest due under this Note as of the prepayment date; plus (iii) all other costs, fees, charges, and all other Obligations due and payable hereunder or under any other "Loan Documents" (as hereinafter defined) (collectively, the "Prepayment Amount"). The Borrower shall deliver the Prepayment Amount to the Holder on the third (3rd) Business Day after the date of the Prepayment Notice. (c) Payment at Maturity. The principal amount of this Note, together with all accrued and unpaid interest, and all other sums or Obligations due and payable hereunder and/or under any other Loan Documents, are and shall be due and payable in full to the Holder by no later than 2:00 P.M., EST, on the Revised Maturity Date. (d) Payment of Default Interest. Any amount of principal, interest, or other sums due on this Note or any other Loan Documents which are not paid when due shall bear interest from the date due until such past due amount is paid in full at the Default Rate. (e) Late Fee. If all or any portion of the payments of principal, interest, or other charges due hereunder are not received by the Holder within five (5) days of the date such payment is due, then the Borrower shall pay to the Holder a late charge (in addition to any other remedies that Holder may have) equal to five percent (5%) of each such unpaid payment or sum. Any payments returned to Holder for any reason must be covered by wire transfer of immediately available funds to an account designated by Holder, plus a $100.00 administrative fee charge. Holder shall have no responsibility or liability for payments purportedly made hereunder but not actually received by Holder, and the Borrower shall not be discharged from the obligation to make such payments due to loss of same in the mails or due to any other excuse or justification ultimately involving facts where such payments were not actually received by Holder. 2 (f) General Payment Provisions. Interest shall be calculated on the basis of a 360-day year, and shall accrue daily on the outstanding principal amount outstanding from time to time for the actual number of days elapsed, commencing as of the effective date hereof until payment in full of the outstanding principal, together with all accrued and unpaid interest, and other amounts which may become due hereunder or under any Loan Documents, has been received and cleared to the Holder. All payments received and actually collected by Holder hereunder shall be applied first to any costs, fees and expenses due or incurred hereunder or under any other Loan Documents, second to accrued and unpaid interest hereunder, and last to reduce the outstanding principal balance of this Note. All payments on this Note shall be made in lawful money of the United States of America in the manner required by the Credit Agreement. View More
Payments. (a) Monthly Payments. The Borrower shall make monthly payments of principal and interest to the Holder Holder, commencing on the dates 30th day of May 2018 and in on the amounts 30th day of each consecutive calendar month thereafter while this Note is outstanding and two payments of the principal amount, (1) $100,000 on or before June 1, 2018 and (2) the balance of the outstanding principal amount plus any accrued interest, without demand, on April 30, 2020, (the "Maturity Date"). Payments are b...ased on the payment and a 60-month amortization schedule attached hereto as Exhibit "A"; provided, however, notwithstanding anything contained in this Note or the payment schedule attached hereto to the contrary, and notwithstanding the fact that the payment schedule provides for payments to be made on dates beyond the Revised Maturity Date, all Obligations shall be due and payable in full on the Revised Maturity Date. "A". In the event the 30th day of any calendar month on which a payment is due hereunder is not a Business Day, then said payment shall be due on the first Business Day thereafter occurring. (b) Prepayment Prior to Maturity. The Borrower, at its option, shall have the right to prepay this Note in full and for cash, at any time prior to the Revised Maturity Date, with three (3) Business Days advance written notice (the "Prepayment Notice") to the Holder. The amount required to prepay this Note in full pursuant to this Section 1(c) 1(b) shall be equal to: (i) the aggregate principal amount then outstanding under this Note; plus (ii) all accrued and unpaid interest due under this Note as of the prepayment date; plus (iii) all other costs, fees, charges, and all other Obligations due and payable hereunder or under any other "Loan Documents" (as hereinafter defined) (collectively, the "Prepayment Amount"). The Borrower shall deliver the Prepayment Amount to the Holder on the third (3rd) Business Day after the date of the Prepayment Notice. 1 (c) Payment at Maturity. The principal amount of this Note, together with all accrued and unpaid interest, and all other sums or Obligations due and payable hereunder and/or under any other Loan Documents, are and shall be due and payable in full to the Holder by no later than 2:00 5:00 P.M., EST, on the Revised Maturity Date. (d) Payment of Default Interest. Any amount In the event that any payment is not made when due, either of principal, principal or interest, and whether upon maturity or other sums due as a result of acceleration, interest shall thereafter accrue at the rate per annum equal to the lesser of (a) the maximum non-usurious rate of interest permitted by the laws of the State of Florida or the United States of America, whichever shall permit the higher rate or (b) twenty percent (20%) per annum, from such date until the entire balance of principal and accrued interest on this Note or any other Loan Documents which are not has been paid when due shall bear interest from the date due until such past due amount is paid in full at the Default Rate. (the "Default Rate"). (e) Late Fee. If all or any portion of the payments of principal, interest, or other charges due hereunder are not received by the Holder within five (5) days of the date such payment is due, then the Borrower shall pay to the Holder a late charge (in addition to any other remedies that Holder may have) equal to five percent (5%) of each such unpaid payment or sum. Any payments returned to Holder for any reason must be covered by wire transfer of immediately available funds to an account designated by Holder, plus a $100.00 administrative fee charge. Holder shall have no responsibility or liability for payments purportedly made hereunder but not actually received by Holder, and the Borrower shall not be discharged from the obligation to make such payments due to loss of same in the mails or due to any other excuse or justification ultimately involving facts where such payments were not actually received by Holder. 2 (f) General Payment Provisions. Interest shall be calculated on the basis of a 360-day 360- day year, and shall accrue daily on the outstanding principal amount outstanding from time to time for the actual number of days elapsed, commencing as of the effective date hereof until payment in full of the outstanding principal, together with all accrued and unpaid interest, and other amounts which may become due hereunder or under any Loan Documents, hereunder, has been received and cleared to the Holder. All payments received and actually collected by Holder hereunder shall be applied first to any costs, fees and expenses due or incurred hereunder or under any other Loan Documents, hereunder, second to accrued and unpaid interest hereunder, and last to reduce the outstanding principal balance of this Note. All payments on this Note shall be made in lawful money of the United States of America in the manner required by the Credit Agreement. View More
Payments. (a) Monthly Payments. The Borrower shall make monthly payments of principal principal, interest, and interest other sums, as applicable, to the Holder Holder, on the dates and in the amounts amounts, based on the payment and amortization schedule attached hereto as Exhibit "A"; provided, however, notwithstanding anything contained in this Note or the payment schedule attached hereto to the contrary, and notwithstanding the fact that the payment schedule provides for payments to be made on dates ...beyond the Revised Maturity Date, all Obligations shall be due and payable in full on the Revised Maturity Date. "A". In the event the day of any calendar month on which a due date under such payment is due hereunder schedule is not a Business Day, then said payment shall be due on the first Business Day thereafter occurring. (b) Prepayment Prior to Maturity. The Borrower, at its option, shall have the right to prepay this Note in full and for cash, at any time prior to the Revised Maturity Date, with three (3) Business Days advance written notice (the "Prepayment Notice") to the Holder. The amount required to prepay this Note in full pursuant to this Section 1(c) shall be equal to: (i) the aggregate principal amount then outstanding under this Note; plus (ii) all accrued and unpaid interest due under this Note as of the prepayment date; plus (iii) all other costs, fees, charges, and all other Obligations due and payable hereunder or under any other "Loan Documents" (as hereinafter defined) (collectively, the "Prepayment Amount"). The Borrower shall deliver the Prepayment Amount to the Holder on the third (3rd) Business Day after the date of the Prepayment Notice. (c) Payment at Maturity. The principal amount of this Note, together with all accrued and unpaid interest, and all other sums or Obligations due and payable hereunder and/or under any other Loan Documents, are and shall be due and payable in full to the Holder by no later than 2:00 P.M., EST, on the Revised Maturity Date. (d) Payment of Default Interest. Any amount of principal, interest, or other sums due on this Note or any other Loan Documents which are not paid when due shall bear interest from the date due until such past due amount is paid in full at the Default Rate. (e) Late Fee. If all or any portion of the payments of principal, interest, or other charges due hereunder are not received by the Holder within five (5) days of the date such payment is due, then the Borrower shall pay to the Holder a late charge (in addition to any other remedies that Holder may have) equal to five percent (5%) of each such unpaid payment or sum. Any payments returned to Holder for any reason must be covered by wire transfer of immediately available funds to an account designated by Holder, plus a $100.00 administrative fee charge. Holder shall have no responsibility or liability for payments purportedly made hereunder but not actually received by Holder, and the Borrower shall not be discharged from the obligation to make such payments due to loss of same in the mails or due to any other excuse or justification ultimately involving facts where such payments were not actually received by Holder. 2 (f) General Payment Provisions. Interest shall be calculated on the basis of a 360-day 360- day year, and shall accrue daily on the outstanding principal amount outstanding from time to time for the actual number of days elapsed, commencing as of the effective date hereof until payment in full of the outstanding principal, together with all accrued and unpaid interest, and other amounts which may become due hereunder or under any Loan Documents, has been received and cleared to the Holder. All payments received and actually collected by Holder hereunder shall be applied first to any costs, fees and expenses due or incurred hereunder or under any other Loan Documents, second to accrued and unpaid interest hereunder, and last to reduce the outstanding principal balance of this Note. All payments on this Note shall be made in lawful money of the United States of America in the manner required by the Credit Agreement. 2 2. Secured Nature of Note. This Note is being issued in connection with the Credit Agreement. The indebtedness evidenced by this Note is also secured by all of the Collateral of the Borrower and various other instruments and documents referred to in the Credit Agreement as the "Loan Documents" (which term shall have the same meaning in this Note as such term is given in the Credit Agreement). All of the agreements, conditions, covenants, provisions, representations, warranties and stipulations contained in any of the Loan Documents which are to be kept and performed by the Borrower are hereby made a part of this Note to the same extent and with the same force and effect as if they were fully set forth herein, and the Borrower covenants and agrees to keep and perform them, or cause them to be kept or performed, strictly in accordance with their terms. View More
Payments. (a) Monthly Interest Only Payments. The Borrower shall make monthly payments of principal and interest to the Holder on the dates and in the amounts based on the payment and amortization schedule attached hereto as Exhibit "A"; provided, however, notwithstanding anything contained in this Note or the payment schedule attached hereto to the contrary, and notwithstanding the fact that the payment schedule provides for payments to be made on dates beyond the Revised Maturity Date, all Obligations s...hall be due and payable in full on the Revised Maturity Date. In the event the day of any calendar month on which a payment is due hereunder is not a Business Day, then said payment shall be due Commencing on the first Business Day (1st) day of April 2015, and on the first (1st) day of each consecutive calendar month thereafter occurring. (b) Prepayment Prior through and including July 1, 2015, the Borrowers shall make a payment to Maturity. The Borrower, at its option, shall have the right to prepay this Note in full and for cash, at any time prior to the Revised Maturity Date, with three (3) Business Days advance written notice (the "Prepayment Notice") to the Holder. The amount required to prepay this Note in full pursuant to this Section 1(c) shall be equal to: (i) the aggregate principal amount then outstanding under this Note; plus (ii) Holder of all accrued and unpaid interest due under hereunder. (b) First Principal Payment. On the earlier to occur of: (i) July 1, 2015; or (ii) the closing of the sale contemplated by the "Purchase Agreement" (as defined in the Second Amendment), the Borrowers shall make a principal payment to Holder in the amount of One Million Dollars ($1,000,000). (c) Principal and Interest Payments. Commencing on the first (1st) day of August 1, 2015, and on the first (1st) day of each consecutive calendar month thereafter until the Maturity Date, the Borrowers shall make a payment to Holder of principal and interest in an amount necessary and required to fully amortize the then remaining principal amount of this Note as in equal monthly payments by the Maturity Date. The amount of the prepayment date; plus (iii) all other costs, fees, charges, such principal and all other Obligations due interest payments shall be calculated by Holder pursuant to an amortization schedule to be prepared by Holder and payable hereunder or under any other "Loan Documents" (as hereinafter defined) (collectively, the "Prepayment Amount"). The Borrower shall deliver the Prepayment Amount delivered to Borrowers prior to the Holder payment due hereunder on the third (3rd) Business Day after the date of the Prepayment Notice. (c) August 1, 2015. (d) Payment at Maturity. The principal amount of this Note, together with all accrued and unpaid interest, and all other sums or and other Obligations due and payable hereunder and/or under any other Loan Documents, are and shall be due and payable in full to the Holder by no later than 2:00 P.M., EST, on the Revised Maturity Date. (d) (e) Prepayment. The Borrowers, at their option, shall have the right to make full or partial prepayments under this Note without premium or penalty, at any time prior to the Maturity Date. (f) Payment of Default Interest. Any amount of principal, interest, interest or other sums due on this Note or any other Loan Documents which are is not paid when due shall bear interest from the date due until such past due amount is paid in full at the Default Rate. (e) 2 (g) Late Fee. If all or any portion of the payments of principal, interest, interest or other charges due hereunder are not received by the Holder within five (5) days of the date such payment is due, then the Borrower Borrowers shall pay to the Holder a late charge (in addition to any other remedies that Holder may have) equal to five percent (5%) of each such unpaid payment or sum. Any payments returned to Holder for any reason must be covered by wire transfer of immediately available funds to an account designated by Holder, plus a $100.00 administrative fee charge. Holder shall have no responsibility or liability for payments purportedly made hereunder but not actually received by Holder, Holder; and the Borrower Borrowers shall not be discharged from the obligation to make such payments due to loss of same in the mails or due to any other excuse or justification ultimately involving facts where such payments were not actually received by Holder. 2 (f) (h) General Payment Provisions. Interest shall be calculated on the basis of a 360-day 360- day year, and shall accrue daily on the outstanding principal amount outstanding from time to time for the actual number of days elapsed, commencing as of the effective date hereof until payment in full of the outstanding principal, together with all accrued and unpaid interest, and other amounts which may become due hereunder or under any Loan Documents, Obligations has been received and cleared to the Holder. made. All payments received and actually collected by Holder hereunder shall be applied first to any costs, fees and expenses due or incurred hereunder or under any other Loan Documents, second to accrued and unpaid interest hereunder, and last to reduce the outstanding principal balance of this Note. All payments on this Note shall be made in lawful money of the United States of America by wire transfer to Holder's account as set forth in Exhibit "A" attached hereto, or such other account as the manner required Holder may designate by written notice to the Credit Agreement. Borrowers from time to time in accordance with the provisions of this Note (except that the principal payment due under Section 1(b) above may be made directly by Sun Financial to DKPA in accordance with the terms of the Second Amendment). View More
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Payments. All payments with respect to this Note shall be made in lawful money of the United States of America, at the address of the Holder as of the date hereof or as designated in writing by the Holder from time to time. The receipt by the Holder of immediately available funds shall constitute a payment of Principal and Interest hereunder and shall satisfy and discharge the liability for Principal and Interest on this Note to the extent of the sum represented by such payment. Payment shall be credited ...first to the accrued Interest then due and payable and the remainder applied to Principal. View More
Payments. All payments with respect to this Note shall be made in lawful money of the United States of America, America no later than no later than 5:00 p.m. Pacific Standard Time on the date on which such payment is due by check, at the address of the Holder as of the date hereof or as designated in writing by the Holder from time to time, or by wire transfer of immediately available funds to Holder's account at a bank specified by Holder in writing to the Company from time to time. The receipt by the Ho...lder of immediately available funds with respect to this Note shall constitute a payment of Principal and Interest then due and payable hereunder and shall satisfy and discharge the liability for such amounts of Principal and Interest on this Note to the extent of the sum represented by such payment. Payment Payments shall be credited first to Costs, if any, second to the payment of any accrued Default Interest and then all other accrued Interest then due and payable payable; and third, the remainder applied to the Principal. View More
Payments. All Except for any conversion of this Note by the Holder in accordance with Section 3 hereof, all payments with respect to this Note shall be made in lawful money of the United States of America, at the address of the Holder as of the date hereof or as designated in writing by the Holder from time to time. The receipt by the Holder of immediately available funds shall constitute a payment of Principal and Interest hereunder and shall satisfy and discharge the liability for Principal and Interest... on this Note to the extent of the sum represented by such payment. Payment shall be credited first to the accrued Interest then due and payable and the remainder applied to Principal. View More
Payments. All payments with respect to this Note shall be made in lawful money of the United States of America, at the address of the Holder as of the date hereof or as designated in writing by the Holder from time to time. The receipt by the Holder of immediately available funds shall constitute a payment of Principal and Interest hereunder principal and shall satisfy and discharge the liability for Principal and Interest on principal of this Note to the extent of the sum represented by such payment. Pay...ment shall be credited first to the accrued Interest then due and payable and the remainder applied to Principal. View More
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Payments. (a) Form of Payment. All payments of cash interest, principal and fees shall be in lawful money of the United States of America by a check drawn on the account of the Company and sent via overnight courier service to Holder at such address as previously provided to the Company in writing (which address, in the case of Holder as of the date of issuance hereof, shall initially be the address for Holder as set forth in this Note); provided that Holder may elect to receive a payment of cash via wire... transfer of immediately available funds by providing the Company with prior written notice setting out such request and Holder's wire transfer instructions. Whenever any payment to be made shall otherwise be due on a day which is not a Business Day, such payment shall be made on the immediately succeeding Business Day and such extension of time shall be included in the computation of accrued interest. All payments shall be applied first to outstanding fees, then to accrued interest, and thereafter to principal. (b) No Set-Off. The Company agrees to make all payments under this Note without set-off or deduction and regardless of any counterclaim or defense. (c) Prepayment. The Company shall have the right to prepay all amounts owed under this Note in whole or in part at any time upon five (5) Business Days prior written notice to Holder. (d) Required Payment. If the aggregate principal amount at any one time outstanding hereunder exceeds the lending commitment amount of $9,000,000 (without giving effect to any accrued PIK Interest), as such amount may be reduced from time to time pursuant to Section 4(c)(ii), the Company shall, at the time any such excess shall arise, promptly pay to Holder such amount as may be necessary to eliminate the excess. View More
Payments. (a) Form of Payment. All payments of cash interest, interest and principal and fees shall be in lawful money of the United States of America by a check drawn on the account of the Company and sent via overnight courier service to Holder at such address as previously provided to the Company in writing (which address, in the case of Holder as of the date of issuance hereof, shall initially be the address for Holder as set forth in this Note); provided that Holder may elect to receive a payment of ...cash via wire transfer of immediately available funds by providing the Company with prior written notice setting out such request and Holder's wire transfer instructions. Whenever any payment to be made shall otherwise be due on a day which is not a Business Day, such payment shall be made on the immediately succeeding Business Day and such extension of time shall be included in the computation of accrued interest. All payments shall be applied first to outstanding fees, then to accrued interest, and thereafter to principal. (b) No Set-Off. The Company agrees to make all payments under this Note without set-off or deduction and regardless of any counterclaim or defense. (c) Prepayment. The Company shall have the right to prepay all amounts the Outstanding Balance owed under this Note in whole or in part at any time upon five (5) Business Days prior written notice to Holder. time. (d) Required Payment. If the aggregate principal amount Outstanding Balance at any one time outstanding hereunder exceeds the lending commitment amount of $9,000,000 (without giving effect to any accrued $250,000 (excluding PIK Interest), as such amount may be reduced from time to time pursuant to Section 4(c)(ii), the Company shall, at the time any such excess shall arise, promptly pay to Holder such amount as may be necessary to eliminate the excess. View More
Payments. (a) Form of Payment. All payments of cash interest, principal and fees shall be in lawful money of the United States of America by a check drawn on the account of the Company and sent via overnight courier service to Holder at such address as previously provided to the Company in writing (which address, in the case of Holder as of the date of issuance hereof, shall initially be the address for Holder as set forth in this Note); provided that Holder may elect to receive a payment of cash via wire... transfer of immediately available funds by providing the Company with prior written notice setting out such request and Holder's wire transfer instructions. Whenever any payment to be made shall otherwise be due on a day which is not a Business Day, such payment shall be made on the immediately succeeding Business Day and such extension of time shall be included in the computation of accrued interest. All payments shall be applied first to outstanding fees, then to accrued interest, and thereafter to principal. (b) No Set-Off. The Company agrees to make all payments under this Note without set-off or deduction and regardless of any counterclaim or defense. (c) Prepayment. The Company shall have the right to prepay all amounts owed under this Note in whole or in part at any time upon five (5) Business Days prior written notice to Holder. (d) Required Payment. If Holder; provided, no prepayment under this Note shall be made unless the aggregate principal amount at any one time outstanding hereunder exceeds the lending commitment amount of $9,000,000 (without giving effect to any accrued PIK Interest), as such amount may be reduced from time to time pursuant to Section 4(c)(ii), the Company shall, at the time any such excess shall arise, promptly pay to Holder such amount as may be necessary to eliminate the excess. $9.0M Note is paid in full. View More
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Payments. All payments shall be made in lawful money of the United States of America at the principal office of the Company, or at such other place as the holder hereof may from time to time designate in writing to the Company. Payment shall be credited first to Costs (as defined below), if any, then to accrued interest due and payable and the remainder applied to principal. Prepayment of principal, together with accrued interest, may be made without Lender's written consent and without penalty. The Compa...ny hereby waives demand, notice, presentment, protest and notice of dishonor. View More
Payments. All payments shall be made in lawful money of the United States of America at the principal office of the Company, or at such other place as the holder hereof may from time to time designate in writing to the Company. Payment shall be credited applied first to Costs (as defined below), if any, then to accrued interest due and payable and the any remainder applied to principal. Prepayment of principal, together with accrued interest, may not be made without the Lender's written consent and withou...t penalty. consent, provided that prepayment of any of the Notes issued pursuant to the Purchase Agreement shall be credited to the Notes issued to a particular Lender in the order of the issuance of such Notes starting with the earliest Notes issued. The Company hereby waives demand, notice, presentment, protest and notice of dishonor. View More
Payments. All payments shall be made in lawful money cash or Common Stock pursuant to the terms of the United States of America this Note at the principal office of the Company, or at such other place as the holder hereof may from time to time designate in writing to the Company. Payment shall be credited first to Costs (as defined below), if any, then to accrued interest due and payable and the remainder applied to principal. Prepayment of principal, together with accrued interest, may not be made withou...t Lender's written consent and without penalty. by the Company. The Company hereby waives demand, notice, presentment, protest and notice of dishonor. View More
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Payments. a. Payments. Whenever any payment of cash is to be made by the Company to any Person pursuant to this Note, such payment shall be made in lawful money of the United States of America by a check drawn on the account of the Company and sent via overnight courier service to such Person at such address as previously provided to the Company in writing; provided that the Holder may elect to receive a payment of cash via wire transfer of immediately available funds by providing the Company with prior w...ritten notice setting out such request and the Holder's wire transfer instructions. Whenever any amount expressed to be due by the terms of this Note is due on any day which is not a Business Day, the same shall instead be due on the next succeeding day which is a Business Day. Any amount of Principal or other amounts due under the Note which is not paid when due shall result in a late charge being incurred and payable by the Company in an amount equal to interest on such amount at the rate of fifteen percent (15%) per annum from the date such amount was due until the same is paid in full ("Late Charge"). View More
Payments. a. Payments. Whenever any payment of cash is to be made by the Company to any Person pursuant to this Note, unless otherwise expressly set forth herein, such payment shall be made in lawful money of the United States of America by a check drawn on the account of the Company and sent via overnight courier service to such Person at such address as previously provided to the Company in writing; provided that the Holder may elect to receive a payment of cash via wire transfer of immediately availabl...e funds by providing the Company with prior written notice setting out such request and the Holder's wire transfer instructions. Whenever any amount expressed to be due by the terms of this Note is due on any day which is not a Business Day, the same shall instead be due on the next succeeding day which is a Business Day. Any amount of Principal or other amounts due under the Note Transaction Documents which is not paid when due shall result in a late charge being incurred and payable by the Company in an amount equal to interest on such amount at the rate of fifteen percent (15%) per annum month from the date such amount was due until the same is paid in full ("Late Charge"). full. View More
Payments. a. Payments. Whenever any payment of cash is to be made by the Company to any Person pursuant to this Note, unless otherwise expressly set forth herein, such payment shall be made in lawful money of the United States of America by a check drawn on the account of the Company and sent via overnight courier service to such Person at such address as previously provided to the Company in writing; provided that the Holder may elect to receive a payment of cash via wire transfer of immediately availabl...e funds by providing the Company with prior written notice setting out such request and the Holder's wire transfer instructions. Whenever any amount expressed to be due by the terms of this Note is due on any day which is not a Business Day, the same shall instead be due on the next succeeding day which is a Business Day. Any amount of Principal or other amounts due under the Note Transaction Documents which is not paid when due shall result in a late charge being incurred and payable by the Company in an amount equal to interest on such amount at the rate of fifteen percent (15%) per annum month from the date such amount was due until the same is paid in full ("Late Charge"). full. View More
Payments. a. Payments. Whenever any payment of cash is to be made by the Company to any Person pursuant to this Note, unless otherwise expressly set forth herein, such payment shall be made in lawful money of the United States of America by a check drawn on the account of the Company and sent via overnight courier service to such Person at such address as previously provided to the Company in writing; writing, provided that the Holder may elect to receive a payment of cash via wire transfer of immediately... available funds by providing the Company with prior written notice setting out such request and the Holder's wire transfer instructions. Whenever any amount expressed to be due by the terms of this Note is due on any day which is not a Business Day, the same shall instead be due on the next succeeding day which is a Business Day. Any amount of Principal or other amounts due under the Note which is not paid when due shall result in a late charge being incurred and payable by the Company in an amount equal to interest on such amount at the rate of fifteen percent (15%) per annum from the date such amount was due until the same is paid in full ("Late Charge"). View More
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