Manner of Payment. Prior to any repayment or prepayment of any Borrowings of any Class hereunder, the Borrower shall select the Borrowing or Borrowings of such Class to be paid and shall notify the Administrative Agent by telephone (confirmed by telecopy) of such selection not later than the time set forth in [Section 2.10(e)] prior to the scheduled date of such repayment; provided that each repayment of Borrowings of a Class shall be applied to repay any outstanding ABR Borrowings of such Class before any other Borrowings of such Class. If the Borrower fails to make a timely selection of the Borrowing or Borrowings to be repaid or prepaid, such payment shall be applied, first, to pay any outstanding ABR Borrowings of the applicable Class and, second, to other Borrowings of such Class in the order of the remaining duration of their respective Interest Periods (the Borrowing with the shortest remaining Interest Period to be repaid first). Each payment of a Syndicated Borrowing shall be applied ratably to the Loans included in such Borrowing.
Manner of Payment. All payments under this Agreement shall be made in US Dollars by wire transfer or Automated Clearing House to a bank account designated in writing by BI or G1, as applicable, which shall be designated at least before such payment is due.
Manner of Payment. Prior to any repayment or prepayment of any Borrowings to any Lenders of any Class of Commitment hereunder, the Borrower shall select the Borrowing or Borrowings of such Class to be paid and shall notify the Administrative Agent by telephone (confirmed by telecopy) of such selection not later than the time set forth in [Section 2.10(e)] prior to the scheduled date of such repayment; provided that each repayment of Borrowings to any Lenders of a Class shall be applied to repay any outstanding ABR Borrowings of such Class before any other Borrowings of such Class. If the Borrower fails to make a timely selection of the Borrowing or Borrowings to be repaid or prepaid, such payment shall be applied, first, to pay any outstanding ABR Borrowings of the applicable Class and, second, to other Borrowings of such Class in the order of the remaining duration of their respective Interest Periods (the Borrowing with the shortest remaining Interest Period to be repaid first). Other than in connection with a reduction or termination of commitments pursuant to [Section 2.08(b) or (f)])], the occurrence of the Final Maturity Date with respect to any Lender pursuant to [Section 2.09(a)] or a mandatory prepayment pursuant to [Section 2.10(e)], each payment of a Syndicated Borrowing to Lenders of a Class shall be applied ratably (both with
Manner of Payment. Prior to any repayment or prepayment of any Borrowings to any Lenders of any Class of Commitment hereunder, the Borrower shall select the Borrowing or Borrowings of such Class to be paid and shall notify the Administrative Agent by telephone (confirmed by telecopy) of such selection not later than the time set forth in [Section 2.10(e)] prior to the scheduled date of such repayment; provided that each repayment of Borrowings to any Lenders of a Class shall be applied to repay any outstanding ABR Borrowings of such Class before any other Borrowings of such Class. If the Borrower fails to make a timely selection of the Borrowing or Borrowings to be repaid or prepaid, such payment shall be applied, first, to pay any outstanding ABR Borrowings of the applicable Class and, second, to other Borrowings of such Class in the order of the remaining duration of their respective Interest Periods (the Borrowing with the shortest remaining Interest Period to be repaid first). Each payment of a Syndicated Borrowing to Lenders of a Class of Commitments shall be applied ratably to the Loans included in such Borrowing and each payment of a Syndicated Borrowing to Lenders of a Class of Final Maturity Date shall be applied ratably to Non-Extending Lenders or Extending Lenders, as applicable, with Loans included in such Borrowing.
Manner of Payment. All payments to be made by one Party to the other Party under this Agreement will be made in United States dollars and by bank wire transfer in immediately available funds to such bank account as may be designated in writing by such Party from time to time. For the purpose of converting the local currency in which any Net Sales arise into US dollars for purpose of calculating royalties, the rate of exchange to be applied will be .
Manner of Payment. Each repayment or prepayment of Borrowings shall be applied to repay any outstanding Base Rate Loan Borrowings before any other Borrowings.
Manner of Payment. All payments owed by one Party to the other Party under Sections 5.3, 5.4, and 5.5 shall be offset against the payments owned by the other Party to the first Party. The net payments thus owed shall be paid by wire transfer to a bank account designated by the applicable payee Party. All net payments owed under Sections 5.3, 5.4, and 5.5 shall be paid on a basis, with such payment being made for the prior no later than after the end of such prior in which such amounts could be calculated. Notwithstanding the foregoing, if for any the reimbursable costs exceed the recognized Net Sales for such , then each party shall be reimbursed from the recognized Net Sales for such at a rate of to Evoke and to Eversana. To the extent one of the Parties has been fully reimbursed for such , then any remaining Net Sales amount from such would be paid to the other Party until the Net Sales amount from such has been exhausted. For clarity, Evoke shall have no obligation to reimburse Commercialization Costs except in the manner described in this Section 5.6.
Any indemnification owing pursuant to this Article VIII by any of or all Sellers (other than # with respect to a breach by a Seller of the covenants, agreements or obligations applicable to such Seller as set forth in Section 9.3 (a “Section 9.3 Breach”) and # in respect of any Losses for which indemnity is owed under Section8.2(b)(i), which, in each case, shall be paid by the applicable Seller severally with respect to himself/itself only) shall be paid by Sellers, jointly and severally, to the Buyer Indemnified Person(s) in cash; provided, that (i) (A) Buyer shall not enforce joint and several liability with respect to one or more Sellers for a period of thirty (30) days following the final determination in accordance herewith that Sellers are responsible for the applicable Losses (the “Indemnification Contribution Period”); # during the Indemnification Contribution Period, the Seller Representative shall use commercially reasonable efforts to cooperate with Buyer’s efforts to collect from each Seller such Seller’s pro rata share of the indemnifiable Loss owed pursuant to the terms of this Article VIII (in accordance with their respective Indemnification Percentages) (any Seller which pays its pro rata share of the indemnifiable Loss (in accordance with such Seller’s Indemnification Percentage) to Buyer during the Indemnification Contribution Period, a “Indemnification Complying Seller”; and any Seller which pays less than its pro rata share of the indemnifiable Loss (in accordance with such Seller’s Indemnification Percentage) to Buyer during the Indemnification Contribution Period, a “Indemnification Non-Complying Seller”); # Buyer may not enforce joint and several liability for such indemnifiable Loss against any Indemnification Complying Seller; and # Buyer may enforce joint and several liability for such indemnifiable Loss against any Indemnification Non-Complying Seller(s) (to the extent payment in respect of such indemnifiable Loss was not satisfied in full by Indemnification Complying Sellers) subject to the limitations set forth in this Article VIII; and # in no event shall any Seller be responsible for indemnification owing pursuant to this Article VIII in excess of the amount of the Final Closing Purchase Price actually received by such Seller (other than with respect to any Losses relating to any facts or circumstances which constitute or arise out of fraud, intentional misrepresentation or willful misconduct). Subject to [Section 8.5(a)(i)], Sellers shall pay (or cause to be paid) any amounts payable pursuant to this Section 8.5 in cash by wire transfer of immediately available funds, within ten (10) Business Days after the determination in accordance herewith that Sellers are obligated to indemnify for the applicable indemnifiable Loss.
Any payment to be made by one Party to the other Party under this Agreement shall be payable in Dollars and shall be paid by wire transfer in immediately available funds to the bank account designated by the payee Party. Each Party shall have the right to change such information at any time by providing written notice to the other Party; provided that such new bank information shall not be deemed effective until the date that is [……] weeks after the receipt of such new information.
Manner of Payment. All payments to be made by Dynavax to [[Merck:Organization]] under this Agreement shall be made in United States dollars by wire transfer to such bank account as [[Merck:Organization]] will designate.
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