Common use of Payments; Application of Payments; Debit of Accounts Clause in Contracts

Payments; Application of Payments; Debit of Accounts. (a) All payments (including prepayments) to be made by Borrower under any Loan Document shall be made in immediately available funds in Dollars, without setoff or counterclaim, before 12:00 noon Pacific time on the date when due. Payments of principal and/or interest received after 12:00 noon Pacific time are considered received at the opening of business on the next Business Day. When a payment is due on a day that is not a Business Day, the payment shall be due the next Business Day, and additional fees or interest, as applicable, shall continue to accrue until paid. Notwithstanding anything to the contrary in this Agreement or any of the other Loan Documents, Borrower may repay or prepay any Credit Extension or other Obligation, in whole or in part, at any time prior to the date when the same is due and payable, in each case without premium or penalty. (b) Subject to Bank’s rights in Section 9.4 after an Event of Default, except as described in Section 6.3(c), Bank shall apply the whole or any part of collected funds against the Revolving Line, the order and method of such application to be in the good faith business judgment of Bank, acting reasonably. Borrower shall have no right to specify the order or the accounts to which Bank shall allocate or apply any payments required to be made by Borrower to Bank or otherwise received by Bank under this Agreement when any such allocation or application is not specified elsewhere in this Agreement. (c) Bank may debit any of Borrower’s deposit accounts, including the Designated Deposit Account, for principal and interest payments or any other amounts Borrower owes Bank when due. These debits shall not constitute a set-off.

Payments; Application of Payments; Debit of Accounts. (a) All payments (including prepayments) to be made by Borrower Co-Borrowers under any Loan Document shall be made in immediately available funds in Dollars, without setoff or counterclaim, before 12:00 noon p.m. Pacific time on the date when due. Payments of principal and/or interest received after 12:00 noon p.m. Pacific time are considered received at the opening of business on the next Business Day. When a payment is due on a day that is not a Business Day, the payment shall be due the next Business Day, and additional fees or interest, as applicable, shall continue to accrue until paid. Notwithstanding anything to the contrary in this Agreement or any of the other Loan Documents, Borrower may repay or prepay any Credit Extension or other Obligation, in whole or in part, at any time prior to the date when the same is due and payable, in each case without premium or penalty. (b) Subject Bank has the exclusive right, in its good faith business judgment, to Bank’s rights in Section 9.4 after an Event of Default, except as described in Section 6.3(c), Bank shall apply the whole or any part of collected funds against the Revolving Line, determine the order and method manner in which all payments with respect to the Obligations may be applied; provided, however, that so long as no Event of such application to be in the good faith business judgment of Bank, acting reasonably. Borrower Default shall have no occurred and be continuing, Co-Borrowers shall have the right to specify the order or the accounts to which Bank shall allocate or apply any payments required to be made by Borrower Co-Borrowers to Bank or otherwise received by Bank under this Agreement when any such allocation or application is not specified elsewhere in this Agreement. (c) Bank may debit any of Borrower’s deposit accounts, including the Designated Deposit Account, and, to the extent sufficient funds are not present in the Designated Deposit Account at the time of such debit, any of Co-Borrowers’ other deposit accounts (other than any Excluded Account), for principal and interest payments or any other amounts Borrower owes Co-Borrowers owe Bank when duedue and owing. These debits shall not constitute a set-off.

Payments; Application of Payments; Debit of Accounts. (a) All payments (including prepayments) to be made by Borrower under any Loan Document shall be made in immediately available funds in Dollars, without setoff or counterclaim, before 12:00 noon p.m. Pacific time on the date when due. Payments of principal and/or interest received after 12:00 noon p.m. Pacific time are considered received at the opening of business on the next Business Day. When a payment is due on a day that is not a Business Day, the payment shall be due the next Business Day, and additional fees or interest, as applicable, shall continue to accrue until paid. Notwithstanding anything to the contrary in this Agreement or any of the other Loan Documents, Borrower may repay or prepay any Credit Extension or other Obligation, in whole or in part, at any time prior to the date when the same is due and payable, in each case without premium or penalty. (b) Subject Bank has the right to Bank’s rights determine in Section 9.4 after an Event of Default, except as described in Section 6.3(c), Bank shall apply the whole or any part of collected funds against the Revolving Line, its commercially reasonable discretion the order and method of such application manner in which all payments with respect to the Secured Obligations arising under this Agreement may be in the good faith business judgment of Bank, acting reasonablyapplied. Borrower shall have no right to specify the order or the accounts to which Bank shall allocate or apply any payments required to be made by Borrower to Bank or otherwise received by Bank under this Agreement when any such allocation or application is not specified elsewhere in this Agreement. (c) Bank may debit any of Borrower’s deposit accounts, including the Designated Deposit Account, for principal and interest payments or any other amounts Borrower owes Bank pursuant to this Agreement when duedue and shall endeavor to provide prompt written notice to Borrower of any such debit on the next statement of accounts delivered in the ordinary course of business from Bank to Borrower. These debits shall not constitute a set-off.

Payments; Application of Payments; Debit of Accounts. (a) All payments (including prepayments) to be made by Borrower under any Loan Document shall be made in immediately available funds in Dollars, without setoff or counterclaim, before 12:00 noon p.m. Pacific time on the date when due. Payments of principal and/or interest received after 12:00 noon p.m. Pacific time are considered received at the opening of business on the next Business Day. When a payment is due on a day that is not a Business Day, the payment shall be due the next Business Day, and additional fees or interest, as applicable, shall continue to accrue until paid. Notwithstanding anything [****] Certain information has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the contrary in this Agreement or any of the other Loan Documents, Borrower may repay or prepay any Credit Extension or other Obligation, in whole or in part, at any time prior to the date when the same is due and payable, in each case without premium or penaltyomitted portions. (b) Subject Bank has the exclusive right to Bank’s rights in Section 9.4 after an Event of Default, except as described in Section 6.3(c), Bank shall apply the whole or any part of collected funds against the Revolving Line, determine the order and method of such application manner in which all payments with respect to the Obligations may be in the good faith business judgment of Bank, acting reasonablyapplied. Borrower shall have no right to specify the order or the accounts to which Bank shall allocate or apply any payments required to be made by Borrower to Bank or otherwise received by Bank under this Agreement when any such allocation or application is not specified elsewhere in this Agreement. (c) Bank may debit any of Borrower’s deposit accounts, including the Designated Deposit Account, for principal and interest payments or any other amounts Borrower owes Bank when due. These debits shall not constitute a set-off.

Payments; Application of Payments; Debit of Accounts. (a) All payments (including prepayments) to be made by Borrower under any Loan Document shall be made in immediately available funds in Dollars, without setoff or counterclaim, before 12:00 noon p.m. Pacific time on the date when due. Payments of principal and/or interest received after 12:00 noon p.m. Pacific time are considered received at the opening of business on the next Business Day. When a payment is due on a day that is not a Business Day, the payment shall be due the next Business Day, and additional fees or interest, as applicable, shall continue to accrue until paid. Notwithstanding anything [****] Certain information has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the contrary in this Agreement or any of the other Loan Documents, Borrower may repay or prepay any Credit Extension or other Obligation, in whole or in part, at any time prior to the date when the same is due and payable, in each case without premium or penaltyomitted portions. (b) Subject Bank has the exclusive right to Bank’s rights in Section 9.4 after an Event of Default, except as described in Section 6.3(c), Bank shall apply the whole or any part of collected funds against the Revolving Line, determine the order and method of such application manner in which all payments with respect to the Obligations may be in the good faith business judgment of Bank, acting reasonablyapplied. Borrower shall have no right to specify the order or the accounts to which Bank shall allocate or apply any payments required to be made by Borrower to Bank or otherwise received by Bank under this Agreement when any such allocation or application is not specified elsewhere in this Agreement. (c) Bank may debit any of Borrower’s deposit accounts, including the Designated Deposit Account, for principal and interest payments or any other amounts Borrower owes Bank when due. These debits shall not constitute a set-off.