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 of principal and interest in respect of this Note shall be made in lawful money of the United States of America in same day funds at the office of Payee located at 240 Matheson Blvd. East, Mississauga, ON L4Z 1X1, or at such other place as Payee may direct. Whenever any payment on this Note is stated to be due on a day that is not a Business Day, such payment shall instead be made on the next Business Day, and such extension of time shall be included in the computation of interest p...ayable on this Note. Each payment made hereunder shall be credited first to interest then due and the remainder of such payment shall be credited to principal, and interest shall thereupon cease to accrue upon the principal so credited. Each of Payee and any subsequent holder of this Note agrees, by its acceptance hereof, that before disposing of this Note or any part hereof it will make a notation hereon of all principal payments previously made hereunder and of the date to which interest hereon has been paid; provided, however, that the failure to make a notation of any payment made on this Note shall not limit or otherwise affect the obligation of Maker hereunder with respect to payments of principal or interest on this Note.View More
Payments. All payments of principal and interest in respect of this Note shall be made in lawful money of the United States of America in same day funds at the office of Payee Lender located at 240 Matheson Blvd. East, Mississauga, 255 Consumers Road, Suite 110, Toronto, ON L4Z 1X1, M2J 1R4, or at such other place as Payee Lender may direct. Whenever any payment on this Note is stated to be due on a day that is not a Business Day, such payment shall instead be made on the next Business Day, and such exten...sion of time shall be included in the computation of interest payable on this Note. Each payment made hereunder shall be credited first to unpaid fees, costs and expenses, then to interest then due and then the remainder of such payment shall be credited to principal, and interest shall thereupon cease to accrue upon the principal so credited. Each of Payee Lender and any subsequent holder of this Note agrees, by its acceptance hereof, that before disposing of this Note or any part hereof it will make a notation hereon of all principal payments previously made hereunder and of the date to which interest hereon has been paid; provided, however, that the failure to make a notation of any payment made on this Note shall not limit or otherwise affect the obligation of Maker Company hereunder with respect to payments of principal or interest on this Note. View More
Payments. All payments of principal and interest in respect of this Note shall be made in lawful money of the United States of America in same day funds at the office of Payee located at 240 Matheson Blvd. East, Mississauga, ON L4Z 1X1, or at such other place as Payee may direct. direct; provided that, immediately prior to the Closing (as such term is defined in the Merger Agreement), Maker shall, subject to the terms of the Subordination Agreement, transfer to Payee all common shares of Payee then held b...y Maker (or, if such shares then held by Maker have an aggregate value in excess of the outstanding principal amount of the Note and interest thereon, common shares of Payee then held by Maker equal to the outstanding principal amount of the Note and interest thereon), and such transfer shall constitute payment of the principal and interest in respect of this Note to the extent of the value of such shares. Whenever any payment on this Note is stated to be due on a day that is not a Business Day, such payment shall instead be made on the next Business Day, and such extension of time shall be included in the computation of interest payable on this Note. Each payment made hereunder shall be credited first to interest then due and the remainder of such payment shall be credited to principal, and interest shall thereupon cease to accrue upon the principal so credited. Each of Payee and any subsequent holder of this Note agrees, by its acceptance hereof, that before disposing of this Note or any part hereof it will make a notation hereon of all principal payments previously made hereunder and of the date to which interest hereon has been paid; provided, however, that the failure to make a notation of any payment made on this Note shall not limit or otherwise affect the obligation of Maker hereunder with respect to payments of principal or interest on this Note. View More
Payments. The principal of this Note, together with accrued but unpaid interest thereon, shall be immediately due and payable and shall be repaid in full upon the earliest occurrence of the Maturity Date or a Change of Control, in each case subject to Section 5 and unless the holders of a Majority in Interest (as defined below) shall otherwise agree in writing. For this purpose, a "Change of Control" has the meaning set forth in the Credit Agreement referenced in Section 5(a)(i) hereof.
Payments. The principal of this Note, together with accrued but unpaid interest thereon, shall be immediately due and payable and shall be repaid in full upon the earliest occurrence of the Maturity Date or a Change of Control, in each case subject to Section 5 and unless the holders of a Majority majority of the aggregate outstanding principal amount of the Note ("Majority in Interest (as defined below) Interest") shall otherwise agree in writing. For this purpose, a "Change of Control" has the meaning s...et forth in the Credit Agreement referenced in Section 5(a)(i) hereof. hereof.4. Prepayment. Subject to Section 5 hereof, this Note may be prepaid at any time in whole or in part without premium or penalty. View More
Payments. (a) All payments of the Obligations shall be made in lawful money of the United States of America to Lender, at the address specified in the Note Agreement, or at such other address as may be specified from time to time by Lender in a written notice delivered to the Company. All payments shall be applied first to accrued interest, expenses or fees due to Lender pursuant to this Note or any other Loan Document, and thereafter to principal. (b) The Obligations under this Note may be prepaid in acc...ordance with Section 6(b) below, at the Company's election prior to the Maturity Date.View More
Payments. (a) All payments of the Obligations shall be made in lawful money of the United States of America to Lender, at the address specified in the Note Agreement, or at such other address as may be specified from time to time by Lender in a written notice delivered to the Company. All payments shall be applied first to accrued interest, expenses or fees due to Lender pursuant to this Note or any other Loan Document, and thereafter to principal. (b) The Unless earlier converted pursuant to Section 6 be...low, the Obligations under this Note may not be prepaid in accordance with Section 6(b) below, at by the Company's election Company prior to the Maturity Date. View More
Payments. (a) All payments of the Obligations shall be made in lawful money of the United States of America to Lender, at the address specified in the Note Agreement, or at such other address as may be specified from time to time by Lender in a written notice delivered to the Company. All payments shall be applied first to accrued interest, expenses or fees due to Lender pursuant to this Note or any other Loan Document, and thereafter to principal. (b) The Obligations under this Note may be prepaid in acc...ordance with Section 6(b) below, by the Company at the Company's election prior any time without penalty upon first providing ten (10) days written notice to the Maturity Date. Lender. View More
Payments. Within sixty (60) days following the date of the achievement (the "Achievement Date") of the performance metric set forth on Appendix A attached hereto during the performance period beginning on November 8, 2018 and ending on November 8, 2023 (the "Performance Period"), the Committee shall certify that such level of achievement of the performance metric has been achieved (the date of any such certification, a "Settlement Date"). Subject to the Participant's not incurring a Termination of Employm...ent prior to the Settlement Date (except as otherwise specifically set forth in this Agreement), on such Settlement Date the Company shall award to the Participant the number of Awarded Shares (as defined in Appendix A) reflecting the level of attainment of the performance metric on the applicable Achievement Date as set forth on Appendix A attached hereto. Pursuant to Sections 4 and 5 hereof, any Awarded Shares granted hereunder shall be subject to certain restrictions, which restrictions relate to the passage of time as an employee of, or consultant to, the Company or its Affiliates, as described in Section 4.1 hereof. While such restrictions are in effect, the Awarded Shares granted subject to such restrictions shall be referred to herein as "Restricted Stock." The Performance Shares and, if any, the number of Awarded Shares and the number of shares of Restricted Stock are subject to adjustment under Section 4.2(b) of the Plan. The provisions in Section 9.1 of the Plan regarding Detrimental Activity shall apply to the Performance Share Award and for such purpose the applicable Settlement Date shall be considered a vesting date with respect to the Awarded Shares awarded to the Participant on such Settlement Date.View More
Payments. Within sixty (60) days following the date of the achievement (the "Achievement Date") of the performance metric set forth on Appendix A attached hereto during the performance period beginning on November 8, 2018 [January 22], 2019 and ending on November 8, 2023 [January 22], 2024 (the "Performance Period"), the Committee shall certify that such level of achievement of the performance metric has been achieved (the date of any such certification, a "Settlement Date"). Subject to the Participant's ...not incurring a Termination of Employment prior to the Settlement Date (except as otherwise specifically set forth in this Agreement), on such Settlement Date the Company shall award to the Participant the number of Awarded Shares (as defined in Appendix A) reflecting the level of attainment of the performance metric on the applicable Achievement Date as set forth on Appendix A attached hereto. For the avoidance of doubt, and notwithstanding anything in the Plan to the contrary (including Section 9.2(e) thereof), if the performance metric has been achieved during the Performance Period, the Company (i) shall award to the Participant the full number of the Awarded Shares (subject only to adjustment under Section 4.2(b) of the Plan), and (ii) shall not be permitted to subject the payment of any of the Performance Shares to any vesting, forfeiture, deferral or other conditions that are not expressly set forth in this Agreement. Pursuant to Sections 4 and 5 hereof, any Awarded Shares granted hereunder shall be subject to certain restrictions, which restrictions relate to the passage of time as an employee of, or consultant to, the Company or its Affiliates, as described in Section 4.1 hereof. While such restrictions are in effect, the Awarded Shares granted subject to such restrictions shall be referred to herein as "Restricted Stock." The Performance Shares and, if any, the number of Awarded Shares and the number of shares of Restricted Stock are subject to adjustment under Section 4.2(b) of the Plan. The provisions In the event the Participant is in Section 9.1 breach of any of the Plan regarding Detrimental Activity shall apply restrictive covenants set forth in Sections 4, 5, or 6 of the Proprietary Information and Non-Competition Agreement between the Participant and the Company (the "Non-Competition Agreement") prior to the Settlement Date, the Committee may direct (at any time prior to the Settlement Date) that all unvested Performance Share Award and for such purpose the applicable Settlement Date Shares shall be considered a vesting date with respect immediately forfeited to the Awarded Shares awarded Company. The provision set forth in the immediately preceding sentence shall cease to the Participant on such Settlement Date. apply upon a Change in Control. 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 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
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
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
Payments. Payment in respect of earned Performance Shares shall be made by the Company following the Committee's review and certification of the attainment of the performance goals set forth in Exhibit B, or following the Grantee's Date of Termination pursuant to Section 4(b), as applicable, but in all events as soon as administratively practicable during the calendar year next following the calendar year in which the last day of the Performance Cycle set forth in Exhibit B occurs. The Company shall settl...e earned Performance Shares by issuing the Grantee a number of shares of Stock equal to the number of Performance Shares earned.View More
Payments. Payment in respect of earned Performance Shares Stock Units shall be made by the Company following the Committee's review and certification of the attainment of the performance goals set forth in Exhibit B, or following the Grantee's Date of Termination pursuant to Section 4(b), as applicable, but in all events as soon as administratively practicable during the calendar year next following the calendar year in which the last day of the Performance Cycle set forth in Exhibit B occurs. The Company... shall settle earned Performance Shares Stock Units by issuing the Grantee a number of shares of Stock equal to the number of Performance Shares Stock Units earned. View More
Payments. All unpaid principal and any accrued but unpaid interest thereon and all other amounts payable hereunder shall be due and payable on May 1, 2020.
Payments. All unpaid principal and any accrued but unpaid interest thereon and all other amounts payable hereunder shall be due and payable on May 1, March 7, 2020.
Payments. When Time-Based Units vest, shares of Company Stock equal to the number of vested Time-Based Units shall be issued to the Grantee within 60 days after the applicable vesting date, subject to applicable withholding for Taxes (as defined below) and subject to any six-month delay required under section 409A of the Internal Revenue Code, if applicable, and as described in Section 20(h) of the Plan. Any fractional shares will be rounded up to the nearest whole share. Notwithstanding any provision of ...the Plan, the Grant Letter or these Grant Conditions to the contrary, the Time-Based Units shall be settled in shares of Company Stock only.View More
Payments. When Time-Based Units vest, shares of Company Stock equal to the number of vested Time-Based Units shall be issued to the Grantee within 60 days after the applicable vesting date, subject to applicable tax withholding for Taxes (as defined below) and subject to any six-month delay required under section 409A of the Internal Revenue Code, if applicable, applicable and as described in Section 20(h) of the Plan. Any fractional shares will be rounded up to the nearest whole share. Notwithstanding an...y provision of the Plan, the Grant Letter or these Grant Conditions to the contrary, the Time-Based Units shall be settled in shares of Company Stock only.View More
