Definitions

Definitions. A. No Payments During Deferral Period . There shall be no payments due by Borrower during the Deferral Period . B. Principal and Interest Payments . Commencing one month after the expiration of the Deferral Period, and continuing on the same day of each month thereafter until the Maturity Date, Borrower shall pay to Lender monthly payments of principal and interest, each in such equal amount required to fully amortize the principal amount outstanding on the Note on the last day of the Deferral... Period by the Maturity Date . C. Maturity Date . On the Maturity Date, Borrower shall pay to Lender any and all unpaid principal plus accrued and unpaid interest plus interest accrued during the Deferral Period . This Note will mature on the Maturity Date . D. Payments . If any payment is due on a date for which there is no numerical equivalent in a particular calendar month then it shall be due on the last day of such month . If any payment is due on a day that is not a Business Day, the payment will be made on the next Business Day . The term "Business Day" means a day other than a Saturday, Sunday or any other day on which Lender is authorized to be closed . E. Payment Allocation . Payments shall be allocated among principal and interest at the discretion of Lender unless otherwise agreed or required by applicable law . Notwithstanding, in the event the Loan, or any portion thereof, is forgiven pursuant to the PPP, the amount so forgiven shall be applied to principal . F. Pre - Payment . Borrower may prepay this Note at any time without payment of any premium . View More

Definitions. The terms defined in this Section 1 whenever used in this Note shall have the respective meanings hereinafter specified.

Definitions. Capitalized terms shall have the meanings set forth in Annex 1.

Definitions. Whenever the word "Participant" is used in this Restricted Stock Unit Agreement under circumstances where the provision should logically be construed to apply to the executors, the administrators, or the person or persons to whom the Restricted Stock Units may be transferred by will or by the laws of descent and distribution, the word "Participant" shall be deemed to include such person or persons.

Definitions. Unless the context otherwise requires, the terms defined in this Section 9 shall have the meanings specified for all purposes of this Agreement. Except as otherwise expressly provided, all accounting terms used in this Agreement, whether or not defined in this Section 9, shall be construed in accordance with GAAP.

Definitions. In all cases where more than one party executes this Agreement as a Borrower, then the term "Borrower" as used in this Agreement shall refer to all such Persons jointly and severally, and to each of them, and all promises, agreements, covenants, waivers, consents, representations, warranties and other provisions in this Agreement are made by and shall be binding upon each and every such undersigned Person, jointly and severally, and the Lender may pursue any Borrower hereunder without being... required to pursue any other Borrower. Whenever the context of any provisions hereof shall require it, words in the singular shall include the plural, words in the plural shall include the singular, and pronouns of any gender shall include the other genders. Captions and headings in this Agreement are for convenience only and shall not affect the construction hereof. The terms "herein", "hereof" "hereto" "hereunder" and similar terms refer to this Agreement and not to any particular Section or subsection of this Agreement. The terms "include" and "including" shall be interpreted as if followed by the words "without limitation". For purposes of this Agreement, "Person" or "Persons" shall include firms, associations, partnerships (including limited partnerships), joint ventures, trusts, corporations, limited liability companies, and other legal entities, including governmental bodies, agencies, or instrumentalities, as well as natural persons. View More

Definitions. (a) The capitalized terms set out in Annex 1(a) have the meanings set forth in that Annex, whether used in the singular or plural form.

Definitions. Whenever used in this Agreement, the following terms shall have the respective meanings set forth below unless the context clearly requires otherwise. Capitalized terms that are used but not defined herein shall have the meaning assigned to such terms in the Loan and Servicing Agreement (as defined below).

Definitions. "Affiliate" means any company or entity which, directly or indirectly, controls or is controlled by or under common control with, a party to this Agreement, but only for as long as such control exists. For the purposes of this definition, "control" (and its correlative meanings "controlled by" or "under common control with") means, with respect to a company or entity, the ownership or possession of (a) at least fifty percent (50%) of the share capital having ordinary voting power, (b) the right... to elect a majority of the members then-comprising the board of directors or equivalent corporate governance body of such company or entity, or (c) the operational management of the controlled company or entity by contract or otherwise. View More

Definitions. "AAA" means the American Arbitration Association or its successor. "Adjustment" has the meaning provided in Section 13. "Agreement" means this Products and Services Agreement. "Card" means the Qwil MasterCard Prepaid Card issued by Sutton Bank. "Company" means a business entity, association, sole proprietorship, or any other similar organization that you provide goods and services to or that acts as your placement agent. "Fee" means the amount disclosed to you that we charge you to (a) purchase... the related Unpaid Earnings and/or (b) facilitate payment from a person to you. Fees may vary by transaction, including whether you participate in the "AutoAdvance" feature. "Losses" means any claims, causes of action, liabilities, losses, damages, settlements, penalties, fines, forfeitures, fees (including legal, expert witness, and accounting fees), costs, and expenses. "Payee" means a user of the Qwil platform that receives payment via their Qwil Account. "Payment Account" means the valid bank account, PayPal account, debit card, prepaid card, or other financial account that you own and that you link to your Qwil Account. "Purchase Price" means the amount of the related Unpaid Earnings we decide to purchase minus the Fee. "Purchased Unpaid Earnings" means the Unpaid Earnings we purchase from you by paying the Purchase Price. "Qwil," "we," "our," and "us" mean Qwil PBC. "Qwil Account" means the account you open on our Website or mobile applications to obtain products and services from us. "Repurchase Event" means any breach by Seller of any of its representations, warranties, covenants, or agreements in this Agreement related to any Purchased Unpaid Earnings. "Repurchase Price" means, with respect to any Purchased Unpaid Earnings, the Purchase Price paid minus any amounts received from a Company on such Purchased Unpaid Earnings. "Transaction Information" has the meaning provided in Section 20. 9 "Unpaid Earnings" means the right to payment owed to you by a Company arising out of products and services you have provided to such Company or to its customers and any other related rights. Unpaid Earnings purchased by Qwil also include any related goods, invoices, accounts (including accounts receivable), equipment, inventory, contract rights or rights to payment of money, leases, license agreements, franchise agreements, general intangibles, commercial tort claims, documents, instruments (including any promissory notes), chattel paper (whether tangible or electronic), cash, deposit accounts, certificates of deposit, fixtures, letters of credit rights (whether or not the letter of credit is evidenced by a writing), securities, and all other investment property, supporting obligations, and financial assets, whether now owned or hereafter acquired, wherever located; and all of your books and records relating to the foregoing, and any and all claims, rights and interests in any of the foregoing and all substitutions for, additions, attachments, accessories, accessions, and improvements to and replacements, products, proceeds, and insurance proceeds of any or all of the foregoing. "Website" means admin.qwil.co, app.qwil.co, qwil.co and any associated domain, subdomain, native application or any successor site. "You" and "your" mean the business or individual who set up or has the Qwil Account. View More