Common use of Payments; Application Clause in Contracts

Payments; Application. All payments to be made hereunder by Guarantor shall be made in lawful money of the United States of America at the time of payment, shall be made in immediately available funds, and shall be made without deduction (whether for taxes or otherwise) or offset. All payments made by Guarantor hereunder shall be applied as follows: first, to all costs and expenses (including attorneys' fees) incurred by Foothill in enforcing this Guaranty or in collecting the Guaranteed Obligations; second, to all accrued and unpaid interest, premium, if any, and fees owing to Foothill constituting Guaranteed Obligations; and third, to the balance of the Guaranteed Obligations.

Appears in 9 contracts

Sources: Continuing Guaranty (Leisure Time Casinos & Resorts Inc), Continuing Guaranty (Leisure Time Casinos & Resorts Inc), Continuing Guaranty (Bpi Packaging Technologies Inc)

Payments; Application. All payments payment to be made hereunder by any Guarantor shall be made in lawful money of the United States of America at the time of payment, shall be made in immediately available funds, and shall be made without setoff, deduction (whether for taxes Taxes or otherwise) or offsetcounterclaim. All payments made by any Guarantor hereunder shall be applied as follows: first, to all reasonable costs and expenses (including attorneys' fees) incurred by Foothill Beneficiaries in enforcing this Guaranty or in collecting the Guaranteed Guarantied Obligations; second, to all accrued and unpaid interest, premium, if any, and fees owing to Foothill Beneficiaries constituting Guaranteed Guarantied Obligations; and third, to the balance of the Guaranteed Guarantied Obligations.

Appears in 9 contracts

Sources: Loan Agreement (Cheesecake Factory Inc), Loan Agreement (Cheesecake Factory Inc), Credit Agreement (McClatchy Co)

Payments; Application. All payments to be made hereunder by Guarantor shall be made in lawful money of the United States of America at the time of payment, shall be made in immediately available funds, and shall be made without deduction (whether for taxes or otherwise) or offset. All payments made by Guarantor hereunder shall be applied as follows: first, to all costs and expenses (including reasonable attorneys' fees’ fees and expenses incurred pursuant to proceedings arising under the Bankruptcy Code) incurred by Foothill Lender in enforcing this Guaranty or in collecting the Guaranteed Obligations; second, to all accrued and unpaid interest, premium, if any, and fees owing to Foothill Lender constituting Guaranteed Obligations; and third, to the balance of the Guaranteed Obligations.

Appears in 6 contracts

Sources: Contribution Agreement (MHI Hospitality CORP), Contribution Agreement (MHI Hospitality CORP), Contribution Agreement (MHI Hospitality CORP)

Payments; Application. All payments to be made hereunder by Guarantor shall be made in lawful money of the United States of America at the time of payment, shall be made in immediately available funds, and shall be made without deduction (whether for taxes or otherwise) or offset. All payments made by Guarantor hereunder shall be applied as follows: first, to all reasonable costs and expenses (including attorneys' fees) incurred by Foothill Beneficiaries in enforcing this Guaranty or in collecting the Guaranteed Guarantied Obligations; second, to all accrued and unpaid interest, premium, if any, and fees owing to Foothill Beneficiaries constituting Guaranteed Guarantied Obligations; and third, to the balance of the Guaranteed Guarantied Obligations.

Appears in 3 contracts

Sources: Credit Agreement (Century Casinos Inc /Co/), General Continuing Guaranty (Monarch Casino & Resort Inc), Credit Agreement (Century Casinos Inc)

Payments; Application. All payments payment to be made hereunder by any Guarantor shall be made in lawful money of the United States of America at the time of payment, shall be made in immediately available funds, and shall be made without setoff, deduction (whether for taxes Taxes or otherwise) or offsetcounterclaim. All payments made by any Guarantor hereunder shall be applied as follows: first, to all reasonable costs and expenses (including attorneys' fees) incurred by Foothill Secured Parties in enforcing this Guaranty or in collecting the Guaranteed Guarantied Obligations; second, to all accrued and unpaid interest, premium, if any, and fees owing to Foothill Secured Parties constituting Guaranteed Guarantied Obligations; and third, to the balance of the Guaranteed Guarantied Obligations.

Appears in 3 contracts

Sources: Credit Agreement (Deckers Outdoor Corp), Credit Agreement (Deckers Outdoor Corp), Credit Agreement (Deckers Outdoor Corp)

Payments; Application. All payments to be made hereunder by Guarantor shall be made in lawful money of the United States of America at the time of payment, shall be made in immediately available funds, and shall be made without deduction (whether for taxes or otherwise) or offset. All payments made by Guarantor hereunder shall be applied as follows: first, to all costs and expenses (including attorneys' fees) incurred by Foothill Bank in enforcing this Guaranty or in collecting the Guaranteed Obligations; second, to all accrued and unpaid interest, premium, if any, and fees owing to Foothill Bank constituting Guaranteed Obligations; and third, to the balance of the Guaranteed Obligations.

Appears in 2 contracts

Sources: Continuing Guaranty (Cherokee Inc), Continuing Guaranty (Cherokee Inc)

Payments; Application. All payments to be made hereunder by any Guarantor shall be made in lawful money of the United States of America at the time of payment, shall be made in immediately available funds, and shall be made without deduction (whether for taxes or otherwise) or offset. All payments made by any Guarantor hereunder shall be applied as follows: first, to all reasonable costs and expenses (including attorneys' attorneys fees) incurred by Foothill the Lender Group in enforcing this Guaranty or in collecting the Guaranteed Guarantied Obligations; second, to all accrued and unpaid interest, premium, if any, and fees owing to Foothill the Lender Group constituting Guaranteed Guarantied Obligations; and third, to the balance of the Guaranteed Guarantied Obligations.

Appears in 2 contracts

Sources: Financing Agreement (Gart Sports Co), General Continuing Guaranty (Star Telecommunications Inc)

Payments; Application. All payments to be made hereunder by Guarantor shall be made in lawful money of the United States of America at the time of payment, shall be made in immediately available funds, and shall be made without deduction (whether for taxes or otherwise) or offset. All payments made by Guarantor hereunder shall be applied as follows: first, to all costs and expenses (including attorneys' feesfees and expenses and attorneys' fees and expenses incurred pursuant to proceedings arising under the Bankruptcy Code) incurred by Foothill Lender in enforcing this Guaranty or in collecting the Guaranteed Obligations; second, to all accrued and unpaid interest, premium, if any, and fees owing to Foothill Lender constituting Guaranteed Obligations; and third, to the balance of the Guaranteed Obligations.

Appears in 2 contracts

Sources: Guaranty (Maguire Properties Inc), Guaranty of Recourse Obligations (Maguire Properties Inc)

Payments; Application. All payments to be made hereunder by Guarantor shall be made in lawful money of the United States of America at the time of payment, shall be made in immediately available funds, and shall be made without deduction (whether for taxes or otherwise) or of offset. All payments made by Guarantor hereunder shall be applied as follows: ; first, to all costs cost and expenses (including attorneys' including, but not limited to, reasonable attorney’s fees, expenses and court costs) incurred by Foothill Owner in enforcing this Guaranty or in collecting the Guaranteed Obligations; second, to all accrued and unpaid interest, premium, if any, interest and fees owing to Foothill Owner constituting Guaranteed Obligations, if any; and third, to the balance of the Guaranteed Obligations.

Appears in 2 contracts

Sources: Limited Partnership Agreement (Liberty Property Limited Partnership), Limited Partnership Agreement (Liberty Property Limited Partnership)

Payments; Application. All payments to be made hereunder by Guarantor shall be made in lawful money of the United States of America at the time of payment, shall be made in immediately available funds, and shall be made without deduction (whether for taxes or otherwise) or offset. All payments made by Guarantor hereunder shall be applied as follows: first, to all costs and expenses (including attorneys' feesfees and expenses and attorneys' fees and expenses incurred pursuant to proceedings arising under the Bankruptcy Code) incurred by Foothill Lender in enforcing this Guaranty or in collecting the Guaranteed Obligations; second, to all accrued and unpaid interest, premium, if any, and fees owing to Foothill constituting Guaranteed ObligationsLender; and third, to the balance of the Guaranteed Obligations.

Appears in 2 contracts

Sources: Guaranty of Recourse Obligations (KBS Growth & Income REIT, Inc.), Guaranty of Recourse Obligations (KBS Growth & Income REIT, Inc.)

Payments; Application. All payments to be made hereunder by Guarantor shall be made in lawful money of the United States of America at the time of payment, shall be made in immediately available funds, and shall be made without deduction (whether for taxes or otherwise) or offset. All payments made by Guarantor hereunder shall be applied as follows: first, to all costs and expenses (including attorneys' fees’ fees and expenses and attorneys’ fees and expenses incurred pursuant to proceedings arising under the Bankruptcy Code) incurred by Foothill Lender in enforcing this Guaranty or in collecting the Guaranteed Obligations; second, to all accrued and unpaid interest, premium, if any, and fees owing to Foothill constituting Guaranteed ObligationsLender; and third, to the balance of the Guaranteed Obligations.

Appears in 2 contracts

Sources: Guaranty of Recourse Obligations (Inland Real Estate Income Trust, Inc.), Guaranty of Recourse Obligations (KBS Real Estate Investment Trust III, Inc.)

Payments; Application. All payments to be made hereunder by Guarantor shall be made in lawful money of the United States of America at the time of payment, shall be made in immediately available funds, and shall be made without deduction (whether for taxes or otherwise) or offset. All payments made by Guarantor hereunder shall be applied as follows: first, to all costs and expenses (including attorneys' feesfees and expenses and attorneys' fees and expenses incurred pursuant to proceedings arising under the Bankruptcy Code) incurred by Foothill Bank in enforcing this Guaranty or in collecting the Guaranteed Obligations; second, to all accrued and unpaid interest, premium, if any, and fees owing to Foothill Bank constituting Guaranteed Obligations; and third, to the balance of the Guaranteed Obligations.

Appears in 2 contracts

Sources: Continuing Guaranty (Prospect Medical Holdings Inc), Continuing Guaranty (Prospect Medical Holdings Inc)

Payments; Application. All payments to be made hereunder by Guarantor shall be made in lawful money of the United States of America at the time of payment, shall be made in immediately available funds, and shall be made without deduction (whether for taxes or otherwise) or offset. All payments made by Guarantor hereunder shall be applied as follows: first, to all reasonable costs and expenses (including attorneys' attorneys fees) incurred by Foothill the Holders in enforcing this Guaranty or in collecting the Guaranteed Guarantied Obligations; second, to all accrued and unpaid interest, premium, if any, and fees owing to Foothill the Holders constituting Guaranteed Guarantied Obligations; and third, to the balance of the Guaranteed Guarantied Obligations.

Appears in 2 contracts

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

Payments; Application. All payments to be made hereunder by any Guarantor shall be made in lawful money of the United States of America at the time of payment, shall be made in immediately available funds, and shall be made without deduction (whether for taxes or otherwise) or offset. All payments made by any Guarantor hereunder shall be applied as follows: first, to all reasonable costs and expenses (including attorneys' reasonable attorneys fees) incurred by Foothill the Lender Group in enforcing this Guaranty or in collecting the Guaranteed Guarantied Obligations; second, to all accrued and unpaid interest, premium, if any, and fees owing to Foothill the Lender Group constituting Guaranteed Guarantied Obligations; and third, to the balance of the Guaranteed Guarantied Obligations.

Appears in 2 contracts

Sources: General Continuing Guaranty (Hudson Respiratory Care Inc), General Continuing Guaranty (Hudson Respiratory Care Inc)

Payments; Application. All payments to be made hereunder by each Guarantor shall be made in lawful money of the United States of America at the time of payment, shall be made in immediately available funds, and shall be made without deduction (whether for taxes or otherwise) or offset. All payments made by each Guarantor hereunder shall be applied as follows: first, to all reasonable out-of-pocket costs and expenses (including attorneys' fees) incurred by Foothill the Guaranteed Parties in enforcing this Guaranty or in collecting the Guaranteed Obligations; second, to all accrued and unpaid interest, premium, if any, and fees owing to Foothill the Guaranteed Parties constituting Guaranteed Obligations; and third, to the balance of the Guaranteed Obligations.

Appears in 2 contracts

Sources: Guaranty (Mobile Mini Inc), Guaranty (Mobile Mini Inc)

Payments; Application. All payments to be made hereunder by Guarantor shall be made in lawful money of the United States of America at the time of payment, shall be made in immediately available funds, and shall be made without deduction (whether for taxes or otherwise) or offset. All payments made by Guarantor hereunder shall be applied as follows: ; first, to all costs and expenses (including including, but not limited to, reasonable attorneys' fees, expenses and court costs) incurred by Foothill Lender in enforcing this Guaranty or in collecting the Guaranteed Obligations; second, to all accrued and unpaid interest, premium, if any, interest and fees owing to Foothill Lender constituting Guaranteed Obligations; and third, to the balance of the Guaranteed Obligations.

Appears in 1 contract

Sources: Guaranty (Advocat Inc)

Payments; Application. All payments to be made hereunder by any Guarantor shall be made in lawful money of the United States of America at the time of payment, shall be made in immediately available funds, and shall be made without deduction (whether for taxes or otherwise) or offset. All payments made by any Guarantor hereunder shall be applied as follows: first, to all costs and expenses (including attorneys' fees) incurred by Foothill Lender in enforcing this Guaranty or in collecting the Guaranteed Obligations; second, to all accrued and unpaid interest, premium, if any, and fees owing to Foothill Lender constituting Guaranteed Obligations; and third, to the balance of the Guaranteed Obligations.

Appears in 1 contract

Sources: Continuing Guaranty (Midway Games Inc)

Payments; Application. All payments to be made hereunder by Guarantor Guarantors shall be made in lawful money of the United States of America at the time of payment, shall be made in immediately available funds, and shall be made without deduction (whether for taxes or otherwise) or offset. All payments made by Guarantor Guarantors hereunder shall be applied as follows: first, to all reasonable costs and expenses (including attorneys' fees) incurred by Foothill Beneficiary in enforcing this Guaranty or in collecting the Guaranteed Guarantied Obligations; second, to all accrued and unpaid interest, premium, if any, and fees owing to Foothill Beneficiary constituting Guaranteed Guarantied Obligations; and third, to the balance of the Guaranteed Guarantied Obligations.

Appears in 1 contract

Sources: Term Loan Agreement (Monarch Casino & Resort Inc)

Payments; Application. All payments to be made hereunder by Guarantor to Lender shall be made in lawful money of the United States of America at the time of payment, shall be made in immediately available funds, and shall be made without deduction (whether for taxes or otherwise) or offset. All payments made by Guarantor hereunder shall be applied as follows: first, to all reasonable costs and expenses (including attorneys' reasonable attorneys fees) incurred by Foothill Lender in enforcing this Guaranty or in collecting the Guaranteed Guarantied Obligations; second, to all accrued and unpaid interest, premium, if any, and fees owing to Foothill Lender constituting Guaranteed Guarantied Obligations; and third, to the balance of the Guaranteed Guarantied Obligations.

Appears in 1 contract

Sources: General Continuing Guaranty (Shoe Pavilion Inc)

Payments; Application. All payments to be made hereunder by Guarantor shall be made in lawful money of the United States of America at the time of payment, shall be made in immediately available funds, and shall be made without deduction (whether for taxes or otherwise) or offset. All payments made by Guarantor hereunder shall be applied as follows: first, to all reasonable costs and expenses (including reasonable attorneys' fees) incurred by Foothill ▇▇▇▇▇▇ in enforcing this Guaranty or in collecting the Guaranteed Obligations; second, to all accrued and unpaid interest, premium, if any, and fees owing to Foothill Lender constituting Guaranteed Obligations; and third, to the balance of the Guaranteed Obligations.

Appears in 1 contract

Sources: Continuing Guaranty (Siebert Financial Corp)

Payments; Application. All payments to be made hereunder by Guarantor shall be made in lawful money of the United States of America at the time of payment, shall be made in immediately available funds, and shall be made without deduction (whether for taxes or otherwise) or offset. All payments made by Guarantor hereunder shall be applied as follows: first, to all reasonable costs and expenses (including reasonable attorneys' fees’ fees and expenses and reasonable attorneys’ fees and expenses incurred pursuant to proceedings arising under the Bankruptcy Code) incurred by Foothill Lender in enforcing this Guaranty or in collecting the Guaranteed Obligations; second, to all accrued and unpaid interest, premium, if any, and fees owing to Foothill Lender constituting Guaranteed Obligations; and third, to the balance of the Guaranteed Obligations.

Appears in 1 contract

Sources: Guaranty (Kilroy Realty, L.P.)

Payments; Application. All payments to be made hereunder by Guarantor Guarantors shall be made in lawful money of the United States of America at the time of payment, shall be made in immediately available funds, and shall be made without deduction (whether for taxes or otherwise) or offset. All payments made by Guarantor Guarantors hereunder shall be applied as follows: first, to all reasonable costs and expenses (including attorneys' fees) incurred by Foothill Beneficiary in enforcing this Subsidiary Guaranty or in collecting the Guaranteed Obligations; second, to all accrued and unpaid interest, premium, if any, and fees owing to Foothill Beneficiary constituting Guaranteed Obligations; and third, to the balance of the Guaranteed Obligations.

Appears in 1 contract

Sources: Credit Agreement (Herbst Gaming Inc)

Payments; Application. All payments to be made hereunder by Guarantor --------------------- shall be made in lawful money of the United States of America at the time of payment, shall be made in immediately available funds, and shall be made without deduction (whether for taxes or otherwise) or offset. All payments made by Guarantor hereunder shall be applied as follows: first, to all reasonable costs and expenses (including reasonable attorneys' fees) incurred by Foothill the Lender Group in enforcing this Guaranty or in collecting the Guaranteed Guarantied Obligations; second, to all accrued and unpaid interest, premium, if any, and fees owing to Foothill the Lender Group constituting Guaranteed Guarantied Obligations; and third, to the balance of the Guaranteed Guarantied Obligations.

Appears in 1 contract

Sources: Limited Guaranty (Learningstar Corp)

Payments; Application. All payments to be made hereunder by any Guarantor shall be made in lawful money of the United States of America at the time of payment, shall be made in immediately available funds, and shall be made without deduction (whether for taxes or otherwise) or offset. All payments made by any Guarantor hereunder shall be applied as follows: first, to all reasonable costs and expenses (including attorneys' reasonable attorneys fees) incurred by Foothill Lender or the Bank Product Providers in enforcing this Guaranty or in collecting the Guaranteed Guarantied Obligations; second, to all accrued and unpaid interest, premium, if any, and fees owing to Foothill Lender or the Bank Product Providers constituting Guaranteed Guarantied Obligations; and third, to the balance of the Guaranteed Guarantied Obligations.

Appears in 1 contract

Sources: General Continuing Guaranty (Mortons Restaurant Group Inc)

Payments; Application. All payments payment to be made hereunder by any Guarantor shall be made in lawful money of the United States of America at the time of payment, shall be made in immediately available funds, and shall be made without setoff, deduction (whether for taxes Taxes or otherwise) or offsetcounterclaim. All payments made by any Guarantor hereunder shall be applied as follows: first, to all reasonable costs and expenses (including attorneys' fees) incurred by Foothill Beneficiaries in enforcing this Guaranty or in collecting the Guaranteed Obligations; second, to all accrued and unpaid interest, premium, if any, and fees owing to Foothill Beneficiaries constituting Guaranteed Obligations; and third, to the balance of the Guaranteed Obligations.

Appears in 1 contract

Sources: Members' Guaranty (OCM HoldCo, LLC)

Payments; Application. All payments to be made hereunder by any Guarantor shall be made in lawful money of the United States of America at the time of payment, shall be made in immediately available funds, and shall be made without deduction (whether for taxes or otherwise) or offset. All payments made by any Guarantor hereunder shall be applied as follows: first, to all costs and expenses (including attorneys' fees) incurred by Foothill Agent and Lenders in enforcing this Guaranty or in collecting the Guaranteed Obligations; second, to all accrued and unpaid interest, premium, if any, and fees owing to Foothill Agent and Lenders constituting Guaranteed Obligations; and third, to the balance of the Guaranteed Obligations.

Appears in 1 contract

Sources: Continuing Guaranty (Midway Games Inc)

Payments; Application. All payments to be made hereunder by any Guarantor shall be made in lawful money of the United States of America at the time of payment, shall be made in immediately available funds, and shall be made without deduction (whether for taxes or otherwise) or offset. All payments made by any Guarantor hereunder shall be applied as follows: first, to all reasonable costs and expenses (including attorneys' attorneys fees) incurred by Foothill the Lender in enforcing this Guaranty or in collecting the Guaranteed Guarantied Obligations; second, to all accrued and unpaid interest, premium, if any, and fees owing to Foothill the Lender constituting Guaranteed Guarantied Obligations; and third, to the balance of the Guaranteed Guarantied Obligations.

Appears in 1 contract

Sources: Financing Agreement (Hall Kinion & Associates Inc)

Payments; Application. All payments to be made hereunder by Guarantor Completion Guarantors shall be made in lawful money of the United States of America at the time of payment, shall be made in immediately available funds, and shall be made without deduction (whether for taxes or otherwise) or offset. All payments made by Guarantor Completion Guarantors hereunder shall be applied as follows: first, to all reasonable costs and expenses (including attorneys' fees) incurred by Foothill Agent Bank and the Lenders in enforcing this Completion Guaranty or in collecting the Guaranteed Guarantied Obligations; second, to all accrued and unpaid interest, premium, if any, and fees owing to Foothill Agent Bank and the Lenders constituting Guaranteed Guarantied Obligations; and third, to the balance of the Guaranteed Guarantied Obligations.

Appears in 1 contract

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

Payments; Application. All payments payment to be made hereunder by any Guarantor shall be made in lawful money of the United States of America at the time of payment, shall be made in immediately available funds, and shall be made without setoff, deduction (whether for taxes Taxes or otherwise) or offsetcounterclaim. All payments made by any Guarantor hereunder shall be applied as follows: first, to all reasonable costs and expenses (including attorneys' fees) incurred by Foothill the Beneficiaries in enforcing this Guaranty or in collecting the Guaranteed Obligations; second, to all accrued and unpaid interest, premium, if any, and fees owing to Foothill the Beneficiaries constituting Guaranteed Obligations; and third, to the balance of the Guaranteed Obligations.

Appears in 1 contract

Sources: Guaranty (Global Cash Access Holdings, Inc.)

Payments; Application. All payments to be made hereunder by Guarantor shall be made in lawful money of the United States of America at the time of payment, shall be made in immediately available funds, and shall be made without deduction (whether for taxes or otherwise) or offset. All payments made by Guarantor hereunder shall be applied as follows: first, to all reasonable costs and expenses (including attorneys' reasonable attorneys fees) incurred by Foothill Lender in enforcing this Guaranty or in collecting the Guaranteed Guarantied Obligations; second, to all accrued and unpaid interest, premium, if any, and fees owing to Foothill Lender constituting Guaranteed Guarantied Obligations; and third, to the balance of the Guaranteed Guarantied Obligations.

Appears in 1 contract

Sources: Guaranty (Schlotzskys Inc)

Payments; Application. All payments to be made hereunder by Guarantor shall be made in lawful money of the United States of America at the time of payment, shall be made in immediately available funds, and shall be made without deduction (whether for taxes or otherwise) or offset. All payments made by Guarantor hereunder shall be applied as follows: first, to all costs and expenses (including attorneys' fees’ fees and expenses and attorneys’ fees and expenses incurred pursuant to proceedings arising under the Bankruptcy Code) incurred by Foothill L▇▇▇▇▇ in enforcing this Guaranty or in collecting the Guaranteed Obligations; second, to all accrued and unpaid interest, premium, if any, and fees owing to Foothill Lender constituting Guaranteed Obligations; and third, to the balance of the Guaranteed Obligations.

Appears in 1 contract

Sources: Guaranty (Strategic Hotels & Resorts, Inc)

Payments; Application. All payments to be made hereunder by Guarantor Guarantors shall be made in lawful money of the United States of America at the time of payment, shall be made in immediately available funds, and shall be made without deduction (whether for taxes or otherwise) or offset. All payments made by Guarantor Guarantors hereunder shall be applied as follows: first, to all reasonable costs and expenses (including attorneys' fees) incurred by Foothill Beneficiaries in enforcing this Guaranty or in collecting the Guaranteed Guarantied Obligations; second, to all accrued and unpaid interest, premium, if any, and fees owing to Foothill Beneficiaries constituting Guaranteed Guarantied Obligations; and third, to the balance of the Guaranteed Guarantied Obligations.

Appears in 1 contract

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

Payments; Application. All payments to be made hereunder by any --------------------- Guarantor shall be made in lawful money of the United States of America at the time of payment, shall be made in immediately available funds, and shall be made without deduction (whether for taxes or otherwise) or offset. All payments made by any Guarantor hereunder shall be applied as follows: first, to all reasonable costs and expenses (including attorneys' attorneys fees) incurred by Foothill the Lender Group in enforcing this Guaranty or in collecting the Guaranteed Guarantied Obligations; second, to all accrued and unpaid interest, premium, if any, and fees owing to Foothill the Lender Group constituting Guaranteed Guarantied Obligations; and third, to the balance of the Guaranteed Guarantied Obligations.

Appears in 1 contract

Sources: General Continuing Guaranty (Gart Sports Co)

Payments; Application. All payments to be made hereunder by Completion Guarantor shall be made in lawful money of the United States of America at the time of payment, shall be made in immediately available funds, and shall be made without deduction (whether for taxes or otherwise) or offset. All payments made by Completion Guarantor hereunder shall be applied as follows: first, to all reasonable costs and expenses (including attorneys' fees) incurred by Foothill Agent Bank and the Lenders in enforcing this Completion Guaranty or in collecting the Guaranteed Guarantied Obligations; second, to all accrued and unpaid interest, premium, if any, and fees owing to Foothill Agent Bank and the Lenders constituting Guaranteed Guarantied Obligations; and third, to the balance of the Guaranteed Guarantied Obligations.

Appears in 1 contract

Sources: Credit Agreement (Century Casinos Inc /Co/)

Payments; Application. All payments to be made hereunder by --------------------- Guarantor shall be made in lawful money of the United States of America at the time of payment, shall be made in immediately available funds, and shall be made without deduction (whether for taxes or otherwise) or offset. All payments made by Guarantor hereunder shall be applied as follows: first, to all costs and expenses (including attorneys' fees) incurred by Foothill in enforcing this Guaranty or in collecting the Guaranteed Obligations; second, to all accrued and unpaid interest, premium, if any, and fees owing to Foothill constituting Guaranteed Obligations; and third, to the balance of the Guaranteed Obligations.

Appears in 1 contract

Sources: Continuing Guaranty (Global Sports Inc)

Payments; Application. All payments to be made hereunder by Guarantor shall be made in lawful money of the United States of America at the time of payment, shall be made in immediately available funds, and shall be made without deduction (whether for taxes or otherwise) or offset. All payments made by Guarantor hereunder shall be applied as follows: first, to all reasonable costs and expenses (including attorneys' reasonable attorneys fees) incurred by Foothill Sellers in enforcing this Guaranty Guarantee or in collecting the Guaranteed Obligations; second, to all accrued and unpaid interest, premium, if any, and fees owing to Foothill Sellers constituting Guaranteed Obligations; and third, to the balance of the Guaranteed Obligations.

Appears in 1 contract

Sources: Guarantee (Weider Nutrition International Inc)

Payments; Application. All payments to be made hereunder by Guarantor shall be made in lawful money of the United States of America at the time of payment, shall be made in immediately available funds, and shall be made without deduction (whether for taxes or otherwise) or offset. All payments made by Guarantor hereunder shall be applied as follows: first, to all costs and expenses (including attorneys' fees) incurred by Foothill PBC in enforcing this Guaranty or in collecting the Guaranteed Obligations; second, to all accrued and unpaid interest, premium, if any, and fees owing to Foothill PBC constituting Guaranteed Obligations; and third, to the balance of the Guaranteed Obligations.

Appears in 1 contract

Sources: Continuing Guaranty (Lee Pharmaceuticals)

Payments; Application. All payments to be made hereunder by Guarantor shall be made in lawful money of the United States of America at the time of payment, shall be made in immediately available funds, and shall be made without deduction (whether for taxes or otherwise) or offset. All payments made by Guarantor hereunder shall be applied as follows: first, to all reasonable costs and expenses (including attorneys' fees) incurred by Foothill Beneficiaries in enforcing this Guaranty or in collecting the Guaranteed Guarantied Obligations; second, to all accrued and unpaid interest, premium, if any, and fees owing to Foothill Beneficiaries constituting Guaranteed Guarantied Obligations; and third, to the balance of the Guaranteed Guarantied Obligations.

Appears in 1 contract

Sources: Credit Agreement (Monarch Casino & Resort Inc)

Payments; Application. All payments payment to be made hereunder by any Guarantor shall be made in lawful money of the United States of America at the time of payment, shall be made in immediately available funds, and shall be made without setoff, deduction (whether for taxes Taxes or otherwise) or offsetcounterclaim. All payments made by any Guarantor hereunder shall be applied as follows: first, to all reasonable costs and expenses (including attorneys' fees) incurred by Foothill the Beneficiaries in enforcing this Guaranty or in collecting the Guaranteed Guarantied Obligations; second, to all accrued and unpaid interest, premium, if any, and fees owing to Foothill the Beneficiaries constituting Guaranteed Guarantied Obligations; and third, to the balance of the Guaranteed Guarantied Obligations.

Appears in 1 contract

Sources: Guaranty (Global Cash Access Holdings, Inc.)

Payments; Application. All payments to be made hereunder by Guarantor shall be made in lawful money of the United States of America at the time of payment, shall be made in immediately available funds, and shall be made without deduction (whether for taxes or otherwise) or offset. All Subject to the provisions of Section 20 below, all payments made by Guarantor hereunder shall be applied as follows: first, to all costs and expenses (including attorneys' fees) incurred by Foothill in enforcing this Guaranty or in collecting the Guaranteed Obligations; second, to all accrued and unpaid interest, premium, if any, and fees owing to Foothill constituting Guaranteed Obligations; and third, to the balance of the Guaranteed Obligations.

Appears in 1 contract

Sources: Loan and Security Agreement (Bollinger Industries Inc)