Common use of Payments; Application Clause in Contracts

Payments; Application. Each Guarantor agrees that all obligations of such Guarantor hereunder shall be paid solely in U.S. Dollars to the Lender in immediately available funds, without set-off, counterclaim or other defense and in accordance with Sections 3.2, 3.3, 4.3 and 4.4 of the Credit Agreement, free and clear of and without deduction for any Non-Excluded Taxes, such Guarantor hereby agreeing to comply with and be bound by the provisions of Sections 3.2, 3.3, 4.3 and 4.4 of the Credit Agreement in respect of all payments and application of such payments made by it hereunder and the provisions of which Sections are hereby incorporated into and made a part of this Guarantee by this reference as if set forth herein; provided, that references to the “Borrower” in such Sections shall be deemed to be references to such Guarantor, and references to “this Agreement” in such Sections shall be deemed to be references to this Guarantee.

Appears in 15 contracts

Sources: Credit Agreement (TransMedics Group, Inc.), Guarantee (TransMedics Group, Inc.), Guarantee (TransMedics Group, Inc.)

Payments; Application. Each Guarantor hereby agrees with each holder of the Obligations as follows: (a) Each Guarantor agrees that all obligations of payments made by such Guarantor hereunder shall will be paid solely made in U.S. Dollars to the Lender in immediately available fundsAdministrative Agent, without set-offsetoff, counterclaim or other defense and in accordance with Sections 3.2, 3.3, 4.3 3.01 and 4.4 8.03 of the Credit Agreement, free and clear of and without deduction for any Non-Excluded Taxes, such each Guarantor hereby agreeing to comply with and be bound by the provisions of Sections 3.2, 3.3, 4.3 3.01 and 4.4 8.03 of the Credit Agreement in respect of all payments and application of such payments made by it hereunder and the provisions of which Sections are hereby incorporated into and made a part of this Guarantee Guaranty by this reference as if set forth herein; provided, provided that references to the “Borrower” in such Sections shall be deemed to be references to such each Guarantor, and references to “this Agreement” in such Sections shall be deemed to be references to this GuaranteeGuaranty. (b) All payments made hereunder shall be applied upon receipt as set forth in Section 8.03 of the Credit Agreement

Appears in 3 contracts

Sources: Guaranty (McGrath Rentcorp), Guaranty (McGrath Rentcorp), Guaranty (McGrath Rentcorp)

Payments; Application. Each Guarantor agrees that all obligations of such Guarantor hereunder shall be paid solely in U.S. Dollars to the Lender in immediately available funds, without set-off, counterclaim or other defense and in accordance with Sections 3.2, 3.3, 4.3 and 4.4 of the Credit Agreement, free and clear of and without deduction for any Non-Excluded Taxes, such Guarantor hereby agreeing to comply with and be bound by the provisions of Sections 3.2, 3.3, 4.3 and 4.4 of the Credit Agreement in respect of all payments and application of such payments made by it hereunder and the provisions of which Sections are hereby incorporated into and made a part of this Guarantee by this reference as if set forth herein; provided, that references to the “Borrower” in such Sections shall be deemed to be references to such Guarantor, and references to “this Agreement” in such Sections shall be deemed to be references to this Guarantee.

Appears in 3 contracts

Sources: Credit Agreement (Unilife Corp), Credit Agreement (Unilife Corp), Guarantee (Unilife Corp)

Payments; Application. Each Guarantor agrees that all obligations of such Guarantor hereunder shall be paid solely in U.S. Dollars to the Lender Secured Parties in immediately available funds, without set-off, counterclaim or other defense and in accordance with Sections 3.22.4, 3.32.5, 4.3 2.6, 2.7 and 4.4 3.1 of the Credit Agreement, free and clear of and without deduction for any Nonnon-Excluded Taxes, such Guarantor hereby agreeing to comply with and be bound by the provisions of Sections 3.22.4, 3.32.5, 4.3 2.6, 2.7 and 4.4 3.1 of the Credit Agreement in respect of all payments and application of such payments made by it hereunder and the provisions of which Sections are hereby incorporated into and made a part of this Guarantee by this reference as if set forth herein; provided, that references to the “Borrower” in such Sections shall be deemed to be references to such Guarantor, and references to “this Agreement” in such Sections shall be deemed to be references to this Guarantee.

Appears in 1 contract

Sources: Guarantee (Workhorse Group Inc.)

Payments; Application. Each Guarantor agrees that all obligations of payments made by such Guarantor hereunder shall will be paid solely made in U.S. Dollars to the Lender in immediately available fundsAdministrative Agent, without set-offsetoff, counterclaim or other defense and in accordance with Sections 3.2, 3.3, 4.3 3.01 and 4.4 8.03 of the Credit Agreement, free and clear of and without deduction for any Non-Excluded Taxes, such each Guarantor hereby agreeing to comply with and be bound by the provisions of Sections 3.2, 3.3, 4.3 3.01 and 4.4 8.03 of the Credit Agreement in respect of all payments and application of such payments made by it hereunder and the provisions of which Sections are hereby incorporated into and made a part of this Guarantee Guaranty by this reference as if set forth herein; provided, provided that references to the “Borrower” or “Borrowers” in such Sections shall be deemed to be references to such each Guarantor, and references to “this Agreement” in such Sections shall be deemed to be references to this GuaranteeGuaranty.

Appears in 1 contract

Sources: Credit Agreement (Asyst Technologies Inc)