Common use of Payments by the Borrowers Clause in Contracts

Payments by the Borrowers. (a) All payments to be made by the Borrowers shall be made without set-off, recoupment or counterclaim. Except as otherwise expressly provided herein, all payments by the Borrowers, shall be made to the Agent for the account of the Banks at the Agent's Payment Office, and, with respect to principal of, interest on, and any other amounts relating to, any Offshore Currency Loan, shall be made in the Offshore Currency in which such Loan is denominated or payable, and, with respect to all other amounts payable hereunder, shall be made in Dollars. Such payments shall be made in Same Day Funds, and (i) in the case of Offshore Currency payments, no later than such time on the dates specified herein as may be determined by the Agent to be necessary for such payment to be credited on such date in accordance with normal banking procedures in the place of payment, and (ii) in the case of any Dollar payments, no later than 10:00 a.m. (San Francisco time) on the date specified herein. The Agent will promptly distribute to each Bank its Pro Rata Share (or other applicable share as expressly provided herein) of such payment in like funds as received. Any payment received by the Agent later than 10:00 a.m. (San Francisco time), or later than the time specified by the Agent as provided in clause (i) above (in the case of Offshore Currency payments), shall be deemed to have been received on the following Business Day and any applicable interest or fee shall continue to accrue.

Payments by the Borrowers. (a) All payments to be made by the Borrowers shall be made without set-off, recoupment or counterclaim. Except as otherwise expressly provided specified herein, all payments by the Borrowers, Borrowers shall be made to the Agent for the account of the Banks applicable Lenders at the Agent's ’s Payment Office, and, with respect to principal of, interest on, and any other amounts relating to, any Offshore Currency Loan, shall be made in Office no later than 11:00 a.m. (local time) on the Offshore Currency in which date specified herein. All such Loan is denominated or payable, and, with respect to all other amounts payable hereunder, shall be made in Dollars. Such payments shall be made in Same Day Funds, funds immediately available to the Agent and (i) in the case of principal and interest payments with respect to Offshore Currency paymentsRate Loans, no later than such time on the dates specified herein as may be determined by the Agent to be necessary for such payment to be credited on such date in accordance with normal banking procedures in the place of paymentApplicable Currency, and (ii) in the case of any Dollar paymentsother amount, no later than 10:00 a.m. (San Francisco time) on the date in Dollars or such other currency as shall be specified herein. The Agent will promptly distribute to each Bank applicable Lender its Pro Rata Share (or other applicable share as expressly provided herein) of such payment in like funds as receivedreceived which, except as otherwise expressly provided herein, shall be based upon such Lender’s Percentage of the Loans in respect of which such payment has been made. Any payment received by the Agent later than 10:00 a.m. 1:00 p.m. (San Francisco local time), or later than the time specified by the Agent as provided in clause (i) above (in the case of Offshore Currency payments), shall be deemed to have been received on the following Business Day and any applicable interest or fee shall continue to accrue.

Payments by the Borrowers. (a) All payments to be made by the Borrowers shall be made without set-off, recoupment or counterclaim. Except as otherwise expressly provided herein, all payments by the Borrowers, Borrowers shall be made to the Administrative Agent for the account of the Banks Lenders at the Administrative Agent's Payment Office, and, Office and (i) with respect to principal of, interest on, and any other amounts amount relating to, to any Offshore Currency Loan, shall be made in the Offshore Currency in which such Loan is denominated or payable, and, and (ii) with respect to all other amounts payable hereunder, shall be made in U.S. Dollars. Such payments shall be made in Same Day Funds, Funds and (ix) in the case of Offshore Currency payments, no later than such time on the dates specified herein as may be determined by the Administrative Agent (and advised in writing to the related Borrower) to be necessary for such payment to be credited on such date in accordance with normal banking procedures in the place of payment, and (iiy) in the case of any U.S. Dollar payments, no later than 10:00 a.m. 12:00 noon (San Francisco Chicago time) on the date specified herein. The Administrative Agent will promptly distribute to each Bank Lender its Pro Rata Share (or other applicable share as expressly provided herein) of such payment in like funds as received. Any payment received by the Administrative Agent later than 10:00 a.m. (San Francisco time), or later than the time specified by the Agent as provided in clause (ix) above or (in the case of Offshore Currency payments)y) above, as applicable, shall be deemed to have been received on the following Business Day Day, and any applicable interest or fee shall continue to accrue.

Payments by the Borrowers. (a) All payments to be made by the Borrowers shall be made without set-off, recoupment or counterclaim. Except as otherwise expressly provided herein, all payments by the Borrowers, Borrowers shall be made to the Agent for the account of the Banks at the Agent's Payment Office, and, with respect to principal of, interest on, and any other amounts relating to, any Offshore Currency Loan, shall be made in the Offshore Currency in which such Loan is denominated or payable, and, with respect to all other amounts payable hereunder, shall be made in Dollars. Such payments shall be made in Same Day Funds, and (i) in the case of Offshore Currency payments, no later than such time on the dates date specified herein as may be determined by the Agent and communicated in writing to the Company to be necessary for such payment to be credited on such date in accordance with normal banking procedures in the place of payment, and (ii) in the case of any Dollar payments, no later than 10:00 a.m. (San Francisco time) on the date specified herein. The Agent will promptly distribute to each Bank its Pro Rata Share (or other applicable share as expressly provided herein) of such payment principal, interest, fees or other amounts, in like funds as received. Any payment received by the Agent later than 10:00 a.m. (San Francisco time), or later than the time specified by the Agent as provided in clause (i) above (in the case of Offshore Currency payments), shall be deemed to have been received on the following Business Day and any applicable interest or fee shall continue to accrue.

Payments by the Borrowers. (a) All payments to be made by the Borrowers any Loan Party shall be made without set-off, recoupment or counterclaim. Except as otherwise expressly provided herein, all payments by the Borrowers, any Loan Party shall be made to the Administrative Agent for the account of the Banks Lending Parties at the Agent's Payment Office, and, with respect to principal of, interest on, and any other amounts relating to, any Offshore Currency Loan, shall be made in the Offshore Currency in which such Loan is denominated or payable, and, with respect to all other amounts payable hereunder, shall be made in Dollars. Such payments shall be made Dollars (or in Same Day Fundsthe case of Letter of Credit Fees relating to the Loan Note Credit Support, in Sterling) and in each case, in immediately available funds, and (i) in the case of Offshore Currency payments, no later than such time on the dates specified herein as may be reasonably determined by the Administrative Agent to be necessary for such payment to be credited on such date in accordance with normal banking lending procedures in the place of payment, payment (as notified to the Borrower Representatives on or prior to the Closing Date and thereafter at least five Business Days prior to any change therein) and (ii) in the case of any Dollar payments, payments no later than 10:00 a.m. 1:00 p.m. (San Francisco Charlotte, North Carolina time) on the date specified herein). The Administrative Agent will promptly distribute to each Bank Lender its Pro Rata Share (or other applicable share as expressly provided herein) of such payment in like funds as received. Any payment received by the Administrative Agent later than 10:00 a.m. (San Francisco time), or later than the applicable time specified by the Agent as provided in clause (i) set forth above (in the case of Offshore Currency payments), shall be deemed to have been received on the following Business Day and any applicable interest or fee shall continue to accrue.

Payments by the Borrowers. (a) All payments to be made by the Borrowers shall be made free and clear of and without set-off, recoupment or counterclaim. Except as otherwise expressly provided specified herein, all payments by the Borrowers, Borrowers shall be made to the Agent for the account of the Banks applicable Lenders at the Agent's ’s Payment Office, and, with respect to principal of, interest on, and any other amounts relating to, any Offshore Currency Loan, shall be made in Office no later than 11:00 a.m. (local time) on the Offshore Currency in which date specified herein. All such Loan is denominated or payable, and, with respect to all other amounts payable hereunder, shall be made in Dollars. Such payments shall be made in Same Day Funds, funds immediately available to the Agent and (i) in the case of principal and interest payments with respect to Offshore Currency paymentsRate Loans, no later than such time on the dates specified herein as may be determined by the Agent to be necessary for such payment to be credited on such date in accordance with normal banking procedures in the place of paymentApplicable Currency, and (ii) in the case of any Dollar paymentsother amount, no later than 10:00 a.m. (San Francisco time) on the date in Dollars or such other currency as shall be specified herein. The Agent will promptly distribute to each Bank applicable Lender its Pro Rata Share (or other applicable share as expressly provided herein) of such payment in like funds as receivedreceived which, except as otherwise expressly provided herein, shall be based upon such Lender’s Percentage of the Loans in respect of which such payment has been made. Any payment received by the Agent later than 10:00 a.m. 1:00 p.m. (San Francisco local time), or later than the time specified by the Agent as provided in clause (i) above (in the case of Offshore Currency payments), shall be deemed to have been received on the following Business Day and any applicable interest or fee shall continue to accrue.

Payments by the Borrowers. (a) All payments to be made by the ------------------------- Borrowers shall be made without set-off, recoupment or counterclaim. Except as otherwise expressly provided herein, all payments by the Borrowers, Borrowers shall be made to the Administrative Agent for the account of the Banks Lenders at the Administrative Agent's Payment Office, and, Office and (i) with respect to principal of, interest on, and any other amounts amount relating to, to any Offshore Currency Loan, shall be made in the Offshore Currency in which such Loan is denominated or payable, and, and (ii) with respect to all other amounts payable hereunder, shall be made in U.S. Dollars. Such payments shall be made in Same Day Funds, Funds and (ix) in the case of Offshore Currency payments, no later than such time on the dates specified herein as may be determined by the Administrative Agent (and advised in writing to the related Borrower) to be necessary for such payment to be credited on such date in accordance with normal banking procedures in the place of payment, and (iiy) in the case of any U.S. Dollar payments, no later than 10:00 a.m. 12:00 noon (San Francisco Chicago time) on the date specified herein. The Administrative Agent will promptly distribute to each Bank Lender its Pro Rata Share (or other applicable share as expressly provided herein) of such payment in like funds as received. Any payment received by the Administrative Agent later than 10:00 a.m. (San Francisco time), or later than the time specified by the Agent as provided in clause (ix) above or (in the case of Offshore Currency payments)y) above, as applicable, shall be deemed to have ---------- --- been received on the following Business Day Day, and any applicable interest or fee shall continue to accrue.

Payments by the Borrowers. (a) All payments (including prepayments) to be made by the Borrowers on account of principal, interest, fees and other amounts required hereunder shall be made without set-off, recoupment or counterclaim. Except as otherwise expressly provided herein, all payments by the Borrowers, counterclaim shall be made to the appropriate Agent for the ratable account of the Banks applicable Lenders at the such Agent's Payment Office, and, with respect to principal of, interest on, and any other amounts relating to, any Offshore Currency Loan, shall be made in the Offshore Currency in which such Loan is denominated or payable, and, with respect to all other amounts payable hereunder, shall be made in Dollars. Such payments shall be made in Same Day Funds, and (i) in the case of Offshore Currency paymentspayments on or in respect of Revolving Dollar Loans and CAPEX Dollar Loans, to the U.S. Agent no later than such time 12:00 noon (Atlanta time) on the dates date specified herein as may be determined by the Agent to be necessary for such payment to be credited on such date in accordance with normal banking procedures in the place of paymentherein, and (ii) in the case of any Dollar paymentspayments on or in respect of Revolving Pound Loans, Overdraft Pound Loans and CAPEX Pound Loans, to the International Agent no later than 10:00 a.m. 12:00 noon (San Francisco London time) on the date specified herein. The appropriate Agent will promptly distribute to each Bank applicable Lender its Pro Rata Share (Commitment Percentage of such principal, interest, fees or other applicable share as expressly provided herein) of such payment amounts, in like funds as received. Any payment which is received by the appropriate Agent later than 10:00 a.m. (San Francisco time), or later than the time times specified by the Agent as provided in clause clauses (i) above and (in the case of Offshore Currency payments)ii) above, shall be deemed to have been received on the following immediately succeeding Business Day and any applicable interest or fee shall continue to accrue.

Payments by the Borrowers. (a) All payments to be made by the Borrowers shall be made without set-off, recoupment or counterclaim. Except as otherwise expressly provided herein, all payments by the Borrowers, Borrowers shall be made to the Agent for the account of the Banks at the Agent's Payment Office, and, with respect to principal of, interest on, and any other amounts relating to, any Offshore Currency Loan, shall be made in the Offshore Currency in which such Loan is denominated or payable, and, with respect to all other amounts payable hereunder, shall be made in Dollars. Such payments shall be made in Same Day Funds, and (i) in the case of Offshore Currency payments, no later than such time on the dates specified herein as may be determined by the Agent to be necessary for such payment to be credited on such date in accordance with normal banking procedures in the place of payment, and (ii) in the case of any Dollar payments, no later than 10:00 a.m. 12:00 noon (San Francisco Chicago time) on the date specified herein. The Agent will promptly distribute to each Bank its Pro Rata Share (or other applicable share as expressly provided herein) of such payment principal, interest, fees or other amounts, in like funds as received. Any payment which is received by the Agent later than 10:00 a.m. 12:00 noon (San Francisco Chicago time), or later than the time specified by the Agent as provided in clause (i) above (in the case of Offshore Currency payments), shall be deemed to have been received on the following Business Day and any applicable interest or fee shall continue to accrue.

Payments by the Borrowers. (a) All payments to be made by the Borrowers shall be made without set-off, recoupment or counterclaim. Except as otherwise expressly provided herein, all payments by the Borrowers, Borrowers shall be made to the Agent for the account of the Banks at the Agent's Payment Office, and, with respect to principal of, interest on, and any other amounts relating to, any Offshore Currency Loan, shall be made in the Offshore Currency in which such Loan is denominated or payable, and, with respect to all other amounts payable hereunder, shall be made in Dollars. Such payments shall be made in Same Day Funds, and (i) in the case of Offshore Currency payments, no later than such time on the dates specified herein as may be determined by the Agent to be necessary for such payment to be credited on such date in accordance with normal banking procedures in the place of payment, and (ii) in the case of any Dollar payments, no later than 10:00 a.m. 12:00 noon (San Francisco Chicago time) on the date specified herein. The Agent will promptly distribute to each Bank its Pro Rata Share (or other applicable share as expressly provided herein) of such payment principal, interest, fees or other amounts, in like funds as received. Any payment received by the Agent later than 10:00 a.m. (San Francisco time), or later than the time specified by the Agent as provided in clause (i) above (in the case of Offshore Currency payments), shall be deemed to have been received on the following Business Day and any applicable interest or fee shall continue to accrue.as

Payments by the Borrowers. (a) The Borrower promises to repay to the Term Agent for the ratable account of the Term Lenders all amounts owed hereunder (including the MOIC Amount with respect to the Loans) in full indefeasibly in immediately available funds in cash on the Termination Date or earlier, if otherwise required by the terms hereof. All payments (including prepayments) to be made by the Borrowers each Borrower on account of principal, interest, fees and other amounts required hereunder shall be made without set-off, recoupment recoupment, counterclaim or counterclaim. Except deduction of any kind, and shall, except as otherwise expressly provided herein, all payments by the Borrowers, shall be made to the Term Agent (for the ratable account of the Banks at the Agent's Payment Office, and, with respect to principal of, interest on, Persons entitled thereto) and any other amounts relating to, any Offshore Currency Loan, shall be made in the Offshore Currency Dollars and by wire transfer in immediately available funds (which such Loan is denominated or payable, and, with respect to all other amounts payable hereunder, shall be made in Dollars. Such payments shall be made in Same Day Funds, and (i) in the case exclusive means of Offshore Currency paymentspayment hereunder), no later than such time on the dates specified herein as may be determined by the Agent to be necessary for such payment to be credited on such date in accordance with normal banking procedures in the place of payment, and 4:00 p.m. (ii) in the case of any Dollar payments, no later than 10:00 a.m. (San Francisco New York time) on the date specified herein. The Agent will promptly distribute to each Bank its Pro Rata Share (or other applicable share as expressly provided herein) of such payment in like funds as receiveddue. Any payment which is received by the Term Agent later than 10:00 a.m. 4:00 p.m. (San Francisco New York time), or later than the time specified by the Agent as provided in clause (i) above (may in the case of Offshore Currency payments), shall Term Agent’s discretion be deemed to have been received on the following immediately succeeding Business Day and any applicable interest or fee shall continue to accrue.