Common use of Advances; Payments Clause in Contracts

Advances; Payments. (i) US Agent shall notify US Tranche A Lenders, promptly after receipt of a Notice of US Tranche A Revolving Credit Advance and in any event prior to 1:00 p.m. (New York time) on the date such Notice of a US Tranche A Revolving Credit Advance is received, by fax, telephone or other similar form of transmission. Each US Tranche A Lender shall make the amount of such US Tranche A Lender’s Pro Rata Share of such US Tranche A Revolving Credit Advance available to US Agent in same day funds by wire transfer to US Agent’s account as set forth in Section 1.5 not later than 3:00 p.m. (New York time) on the requested Funding Date in the case of a US Index Rate Loan and not later than 11:00 a.m. (New York time) on the requested Funding Date in the case of a LIBOR Loan. After receipt of such wire transfers (or, in the US Agent’s sole discretion, before receipt of such wire transfers), subject to the terms hereof, US Agent shall make the requested US Tranche A Revolving Credit Advance to a US Borrower as designated by US Borrower Representative in the Notice of US Tranche A Revolving Credit Advance. All payments by each US Tranche A Lender shall be made without setoff, counterclaim or deduction of any kind. US Agent shall notify US Tranche A1 Lenders, promptly after receipt of a Notice of US Tranche A1 Revolving Credit Advance and in any event prior to 1:00 p.m. (New York time) on the date such Notice of a US Tranche A1 Revolving Credit Advance is received, by fax, telephone or other similar form of transmission. Each US Tranche A1 Lender shall make the amount of such US Tranche A1 Lender’s Pro Rata Share of such US Tranche A1 Revolving Credit Advance available to US Agent in same day funds by wire transfer to US Agent’s account as set forth in Section 1.5 not later than 3:00 p.m. (New York time) on the requested Funding Date in the case of a US Index Rate Loan and not later than 11:00 a.m. (New York time) on the requested Funding Date in the case of a LIBOR Loan. After receipt of such wire transfers (or, in the US Agent’s sole discretion, before receipt of such wire transfers), subject to the terms hereof, US Agent shall make the requested US Tranche A1 Revolving Credit Advance to a US Borrower as designated by US Borrower Representative in the Notice of US Tranche A1 Revolving Credit Advance. All payments by each US Tranche A1 Lender shall be made without setoff, counterclaim or deduction of any kind.

Appears in 2 contracts

Samples: Credit Agreement (Exopack Holding Corp), Credit Agreement (Exopack Holding Corp)

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Advances; Payments. (i) US Agent shall notify US Tranche A Revolving Lenders, promptly after receipt of a Notice of US Tranche A Revolving Credit Advance or Notice of Tranche B Advance, as the case may be, and in any event prior to 1:00 2:00 p.m. (New York time) on the date such Notice of a US Tranche A Revolving Credit Advance notice is received, by faxtelecopy, telephone or other similar form of transmission. Each US Tranche A Revolving Lender shall make the amount of such US Tranche A Lender’s 's Pro Rata Share of such US Tranche A Revolving Credit Advance available to US Agent in same day funds by wire transfer to US Agent’s 's account as set forth in Section 1.5 Annex H not later than 3:00 p.m. (New York time) on the requested Funding Date funding date, in the case of a US Index an Base Rate Loan Loan, and not later than 11:00 a.m. 1:00 p.m. (New York time) on the requested Funding Date funding date, in the case of a LIBOR Loan. After receipt of such wire transfers (or, in the US Agent’s 's sole discretion, before receipt of such wire transfers), subject to the terms hereof, US Agent shall make the requested US Tranche A Revolving Credit Advance to a US the Borrower as designated by US Borrower Representative in the Notice of US Tranche A Revolving Credit Advance or Notice of Tranche B Advance, as the case may be. All payments by each US Tranche A Revolving Lender shall be made without setoff, counterclaim or deduction of any kind. US In the event Agent shall notify US Tranche A1 Lenders, promptly makes any Advance (in accordance with Section 2.2 hereof) available to Borrowers after receipt of a Notice of US Tranche A1 Revolving Credit Advance and in any event prior to 1:00 p.m. (New York time) on the date such Notice requested funding date, on behalf of a US Tranche A1 Revolving Credit Advance any Lender who is received, by fax, telephone or other similar form of transmission. Each US Tranche A1 Lender shall unable to make the amount of such US Tranche A1 Lender’s 's Pro Rata Share of such US Tranche A1 Revolving Credit Advance available to US Agent in same day funds by wire transfer a timely manner in accordance with this Agreement, then the Lender or Lenders on whose behalf Agent makes such Advance shall repay the amount of such Advance to US Agent’s account as Agent (prior to any other repayment or reimbursement obligations arising under this Agreement) in full no later than the next Business Day on the terms set forth in Section 1.5 not later than 3:00 p.m. (New York time) on this Agreement, regardless of the requested Funding Date occurrence of any subsequent Default or Event of Default, and in the case of a US Index Rate Loan and not later than 11:00 a.m. (New York time) on the requested Funding Date in the case of a LIBOR Loan. After receipt of such wire transfers (or, in the US Agent’s sole discretion, before receipt of such wire transfers), subject to the terms hereof, US event Agent shall make be entitled to retain for its account all interest accrued on such Advance until reimbursed by the requested US Tranche A1 applicable Revolving Credit Advance to a US Borrower as designated by US Borrower Representative in the Notice of US Tranche A1 Revolving Credit Advance. All payments by each US Tranche A1 Lender shall be made without setoff, counterclaim or deduction of any kindLender.

Appears in 1 contract

Samples: Loan and Security Agreement (Asta Funding Inc)

Advances; Payments. Tranche A Revolving Lenders shall refund or participate in the Swing Line Loan in accordance with clauses (iiii) US and (iv) of Section 1.1(c). If the Swing Line Lender declines to make a Swing Line Loan or if Swing Line Availability is zero, Agent shall notify US Tranche A Revolving Lenders, promptly after receipt of a Notice of US Tranche A Revolving Credit Advance and in any event prior to 1:00 12:00 p.m. (New York Los Angeles time) on the date such Notice of a US Tranche A Revolving Credit Advance is received, by faxtelecopy, telephone or other similar form of transmission. Each US Tranche A Revolving Lender shall make the amount of such US Tranche A Lender’s 's Pro Rata Share of such US Tranche A Revolving Credit Advance available to US Agent in same day funds by wire transfer to US Agent’s 's account as set forth in Section 1.5 Annex H not later than 3:00 2:00 p.m. (New York Los Angeles time) on the requested Funding Date in the case of a US Index Rate Loan and not later than 11:00 a.m. (New York time) on the requested Funding Date in the case of a LIBOR Loanfunding date. After receipt of such wire transfers (or, in the US Agent’s 's sole discretion, before receipt of such wire transfers), subject to the terms hereof, US Agent shall make the requested US Tranche A Revolving Credit Advance to a US Borrower as designated by US Borrower Representative in the Notice of US Tranche A Revolving Credit AdvanceBorrower. All payments by each US Tranche A Revolving Lender shall be made without setoff, counterclaim or deduction of any kind. US On the 2nd Business Day of each calendar week or more frequently at Agent's election (each, a "Settlement Date"), Agent shall notify US Tranche A1 Lendersadvise each Lender by telephone, promptly after receipt or telecopy of the amount of such Lender's Pro Rata Share of principal, interest and Fees paid for the benefit of Lenders with respect to each applicable Loan. Provided that each Lender has funded all payments or Advances required to be made by it and has purchased all participations required to be purchased by it under this Agreement and the other Loan Documents as of such Settlement Date, Agent shall pay to each Lender such Lender's Pro Rata Share of principal, interest and Fees paid by Borrower since the previous Settlement Date for the benefit of such Lender on the Loans held by it. To the extent that any Lender (a Notice "Non-Funding Lender") has failed to fund all such payments and Advances or failed to fund the purchase of US Tranche A1 Revolving Credit Advance and all such participations, Agent shall be entitled to set off the funding short-fall against that Non-Funding Lender's Pro Rata Share of all payments received from Borrower. Such payments shall be made by wire transfer to such Lender's account (as specified by such Lender in any event prior to Annex H or the applicable Assignment Agreement) not later than 1:00 p.m. (New York Los Angeles time) on the date such Notice of a US Tranche A1 Revolving Credit Advance is received, by fax, telephone or other similar form of transmission. Each US Tranche A1 Lender shall make the amount of such US Tranche A1 Lender’s Pro Rata Share of such US Tranche A1 Revolving Credit Advance available to US Agent in same day funds by wire transfer to US Agent’s account as set forth in Section 1.5 not later than 3:00 p.m. (New York time) on the requested Funding Date in the case of a US Index Rate Loan and not later than 11:00 a.m. (New York time) on the requested Funding Date in the case of a LIBOR Loan. After receipt of such wire transfers (or, in the US Agent’s sole discretion, before receipt of such wire transfers), subject to the terms hereof, US Agent shall make the requested US Tranche A1 Revolving Credit Advance to a US Borrower as designated by US Borrower Representative in the Notice of US Tranche A1 Revolving Credit Advance. All payments by next Business Day following each US Tranche A1 Lender shall be made without setoff, counterclaim or deduction of any kindSettlement Date.

Appears in 1 contract

Samples: Credit Agreement (Gottschalks Inc)

Advances; Payments. (i) US Tranche A Revolving Lenders shall refund or participate in the Swing Line Loan in accordance with clauses (iii) and (iv) of Section 1.1(b). If the Swing Line Lender declines to make a Swing Line Loan or if Swing Line Availability is zero, Agent shall notify US Tranche A Lenders, Revolving Lenders promptly after receipt of a Notice of US Tranche A Revolving Credit Advance Advance/Borrowing Base Certificate and in any event prior to 1:00 p.m. (New York time) on the date such Notice of a US Tranche A Revolving Credit Advance Advance/Borrowing Base Certificate is received, by faxtelecopy, telephone or other similar form of transmissiontransmission of the requested Revolving Credit Advance and whether and to the extent that such Advance shall be a Tranche A Revolving Credit Advance or a Tranche B Revolving Credit Advance, or both. Each US Tranche A Revolving Lender shall make the amount of such US Tranche A Lender’s 's Pro Rata Share of such US Tranche A Revolving Credit Advance available to US Agent in same day funds by wire transfer to US Agent’s 's account as set forth in Section 1.5 Annex H not later than 3:00 p.m. (New York time) on the requested Funding Date funding date, in the case of a US an Index Rate Loan and not later than 11:00 a.m. (New York time) on the requested Funding Date funding date in the case of a LIBOR Loan, provided, however, that, Agent shall not request any Tranche A Revolving Lender to make, and no Tranche A Revolving Lender shall have the obligation to make any Tranche A Revolving Credit Advance in excess of Tranche A Borrowing Availability if Agent shall have received written notice from any Tranche A Revolving Lender, or otherwise has knowledge that the requested Tranche A Revolving Credit Advance would result in the outstanding Tranche A Revolving Credit Advances and Letter of Credit Obligations exceeding the Tranche A Borrowing Availability on such funding date; provided further, however, that Agent shall not request any Tranche B Revolving Lender to make, and no Tranche B Revolving Lender shall have the obligation to make, any Tranche B Revolving Credit Advance in excess of Tranche B Borrowing Availability, if Agent shall have received written notice from any Tranche B Revolving Lender, or otherwise has knowledge that the requested Tranche B Revolving Advance would exceed the Tranche B Borrowing Availability on such funding date. Notwithstanding the foregoing, if any requested Revolving Credit Advance exceeds Borrowing Availability, Lenders shall make Advances up to that amount otherwise available under the terms of this Agreement. After receipt of such wire transfers (or, in the US Agent’s 's sole discretion, before receipt of such wire transfers), subject to the terms hereof, US Agent shall make the requested US Tranche A Revolving Credit Advance to a US Borrower as designated by US Borrower Representative in the Notice of US Tranche A Revolving Credit AdvanceBorrower. All payments by each US Tranche A Lender shall be made without setoff, counterclaim or deduction of any kind. US Agent shall notify US Tranche A1 Lenders, promptly after receipt of a Notice of US Tranche A1 Revolving Credit Advance and in any event prior to 1:00 p.m. (New York time) on the date such Notice of a US Tranche A1 Revolving Credit Advance is received, by fax, telephone or other similar form of transmission. Each US Tranche A1 Lender shall make the amount of such US Tranche A1 Lender’s Pro Rata Share of such US Tranche A1 Revolving Credit Advance available to US Agent in same day funds by wire transfer to US Agent’s account as set forth in Section 1.5 not later than 3:00 p.m. (New York time) on the requested Funding Date in the case of a US Index Rate Loan and not later than 11:00 a.m. (New York time) on the requested Funding Date in the case of a LIBOR Loan. After receipt of such wire transfers (or, in the US Agent’s sole discretion, before receipt of such wire transfers), subject to the terms hereof, US Agent shall make the requested US Tranche A1 Revolving Credit Advance to a US Borrower as designated by US Borrower Representative in the Notice of US Tranche A1 Revolving Credit Advance. All payments by each US Tranche A1 Lender shall be made without setoff, counterclaim or deduction of any kind.

Appears in 1 contract

Samples: In Possession Credit Agreement (Filenes Basement Corp)

Advances; Payments. (i) US Tranche A Revolving Lenders shall refund or participate in the Swing Line Loan in accordance with clauses (iii) and (iv) of Section 1.1(b). If the Swing Line Lender declines to make a Swing Line Loan or if Swing Line Availability is zero, Agent shall notify US Tranche A Lenders, Revolving Lenders promptly after receipt of a Notice of US Tranche A Revolving Credit Advance and in any event prior to 1:00 p.m. (New York time) on the date such Notice of a US Tranche A Revolving Credit Advance is received, by faxtelecopy, telephone or other similar form of transmissiontransmission of the requested Revolving Credit Advance and whether and to the extent that such Advance shall be a Tranche A Revolving Credit Advance or a Tranche B Revolving Credit Advance, or both. Each US Tranche A Revolving Lender shall make the amount of such US Tranche A Lender’s 's Pro Rata Share of such US Tranche A Revolving Credit Advance available to US Agent in same day funds by wire transfer to US Agent’s 's account as set forth in Section 1.5 Annex H not later than 3:00 p.m. (New York time) on the requested Funding Date funding date, in the case of a US an Index Rate Loan and not later than 11:00 a.m. (New York time) on the requested Funding Date funding date in the case of a LIBOR Loan, provided, however, that, Agent shall not request any Tranche A Revolving Lender to make, and no Tranche A Revolving Lender shall have the obligation to make any Tranche A Revolving Credit Advance in excess of Tranche A Borrowing Availability if Agent shall have received written notice from any Tranche A Revolving Lender, or otherwise has knowledge that the requested Tranche A Revolving Credit Advance would result in the outstanding Tranche A Revolving Credit Advances and Letter of Credit Obligations exceeding the Tranche A Borrowing Availability on such funding date; provided further, however, that Agent shall not request any Tranche B Revolving Lender to make, and no Tranche B Revolving Lender shall have the obligation to make, any Tranche B Revolving Credit Advance in excess of Tranche B Borrowing Availability, if Agent shall have received written notice from any Tranche B Revolving Lender, or otherwise has knowledge that the requested Tranche B Revolving Advance would exceed the Tranche B Borrowing Availability on such funding date. Notwithstanding the foregoing, if any requested Revolving Credit Advance exceeds Borrowing Availability, Lenders shall make Advances up to that amount otherwise available under the terms of this Agreement. After receipt of such wire transfers (or, in the US Agent’s 's sole discretion, before receipt of such wire transfers), subject to the terms hereof, US Agent shall make the requested US Tranche A Revolving Credit Advance to a US Borrower as designated by US Borrower Representative in the Notice of US Tranche A Revolving Credit AdvanceBorrower. All payments by each US Tranche A Lender shall be made without setoff, counterclaim or deduction of any kind. US Agent shall notify US Tranche A1 Lenders, promptly after receipt of a Notice of US Tranche A1 Revolving Credit Advance and in any event prior to 1:00 p.m. (New York time) on the date such Notice of a US Tranche A1 Revolving Credit Advance is received, by fax, telephone or other similar form of transmission. Each US Tranche A1 Lender shall make the amount of such US Tranche A1 Lender’s Pro Rata Share of such US Tranche A1 Revolving Credit Advance available to US Agent in same day funds by wire transfer to US Agent’s account as set forth in Section 1.5 not later than 3:00 p.m. (New York time) on the requested Funding Date in the case of a US Index Rate Loan and not later than 11:00 a.m. (New York time) on the requested Funding Date in the case of a LIBOR Loan. After receipt of such wire transfers (or, in the US Agent’s sole discretion, before receipt of such wire transfers), subject to the terms hereof, US Agent shall make the requested US Tranche A1 Revolving Credit Advance to a US Borrower as designated by US Borrower Representative in the Notice of US Tranche A1 Revolving Credit Advance. All payments by each US Tranche A1 Lender shall be made without setoff, counterclaim or deduction of any kind.

Appears in 1 contract

Samples: Credit Agreement (Filenes Basement Corp)

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Advances; Payments. Revolving Lenders shall refund or participate in the Swing Line Loan in accordance with clauses (iiii) US and (iv) of Section 1.1(c). If the Swing Line Lender declines to make a Swing Line Loan or if Swing Line Availability is zero, Agent shall notify US Tranche A Revolving Lenders, promptly after receipt of a Notice of US Tranche A Revolving Credit Advance and in any event prior to 1:00 p.m. (New York time) on the date such Notice of a US Tranche A Revolving Credit Advance is received, by faxtelecopy, telephone or other similar form of transmission. Each US Tranche A Revolving Lender shall make the amount of such US Tranche A Lender’s Pro Rata Share of such US Tranche A Revolving Credit Advance available to US Agent in same day funds by wire transfer to US Agent’s account as set forth in Section 1.5 Annex H not later than 3:00 p.m. (New York time) on the requested Funding Date funding date, in the case of a US an Index Rate Loan and not later than 11:00 a.m. (New York time) on the requested Funding Date funding date in the case of a LIBOR Loan. After receipt of such wire transfers (or, in the US Agent’s sole discretion, before receipt of such wire transfers), subject to the terms hereof, US Agent shall make the requested US Tranche A Revolving Credit Advance to a US Borrower as designated by US Borrower Representative in the Notice of US Tranche A Revolving Credit AdvanceBorrower. All payments by each US Tranche A Revolving Lender shall be made without setoff, counterclaim or deduction of any kind. US Not less than once during each calendar week or more frequently at Agent’s election (each, a “Settlement Date”), Agent shall notify US Tranche A1 Lendersadvise each Lender by telephone, promptly after receipt or telecopy of the amount of such Lender’s Pro Rata Share of principal, interest and Fees paid for the benefit of Lenders with respect to each applicable Loan. Provided that each Lender has funded all payments and Advances required to be made by it and purchased all participations required to be purchased by it under this Agreement and the other Loan Documents as of such Settlement Date, Agent shall pay to each Lender such Lender’s Pro Rata Share of principal, interest and Fees paid by Borrower since the previous Settlement Date for the benefit of such Lender on the Loans held by it. To the extent that any Lender (a Notice “Non-Funding Lender”) has failed to fund all such payments and Advances or failed to fund the purchase of US Tranche A1 Revolving Credit Advance and all such participations, Agent shall be entitled to set off the funding short-fall against that Non-Funding Lender’s Pro Rata Share of all payments received from Borrower. Such payments shall be made by wire transfer to such Lender’s account (as specified by such Lender in any event prior to 1:00 Annex H or the applicable Assignment Agreement) not later than 2:00 p.m. (New York time) on the date such Notice of a US Tranche A1 Revolving Credit Advance is received, by fax, telephone or other similar form of transmission. Each US Tranche A1 Lender shall make the amount of such US Tranche A1 Lender’s Pro Rata Share of such US Tranche A1 Revolving Credit Advance available to US Agent in same day funds by wire transfer to US Agent’s account as set forth in Section 1.5 not later than 3:00 p.m. (New York time) on the requested Funding Date in the case of a US Index Rate Loan and not later than 11:00 a.m. (New York time) on the requested Funding Date in the case of a LIBOR Loan. After receipt of such wire transfers (or, in the US Agent’s sole discretion, before receipt of such wire transfers), subject to the terms hereof, US Agent shall make the requested US Tranche A1 Revolving Credit Advance to a US Borrower as designated by US Borrower Representative in the Notice of US Tranche A1 Revolving Credit Advance. All payments by next Business Day following each US Tranche A1 Lender shall be made without setoff, counterclaim or deduction of any kindSettlement Date.

Appears in 1 contract

Samples: Credit Agreement (BRPP LLC)

Advances; Payments. (i) US Agent shall notify US Tranche A LendersOn the Closing Date, promptly after receipt of a Notice of US Tranche A Revolving Credit Advance and in any event prior to 1:00 p.m. (New York time) on the date such Notice of a US Tranche A Revolving Credit Advance is received, by fax, telephone or other similar form of transmission. Each US Tranche A each Lender shall make the amount of such US Tranche A Lender’s 's Pro Rata Share of the Term Loans available to Agent in accordance with instructions of Agent in same day funds not later than 11:00 a.m. (Los Angeles time). Agent shall disburse the proceeds of the Loans by depositing them on the Closing Date in an account of Borrower as Borrower may specify to Agent in writing. Each Lender shall make the amount of such US Tranche A Lender's Pro Rata Share of each Revolving Credit Loan Advance available to US Agent in accordance with the instructions of Agent in same day funds by wire transfer to US Agent’s account as set forth in Section 1.5 not later than 3:00 p.m. (New York time) on the requested Funding Date in the case of a US Index Rate Loan and funding date not later than 11:00 a.m. (New York Los Angeles time) on the requested Funding Date in the case of a LIBOR Loan). After receipt of such wire transfers (or, in the US Agent’s 's sole discretion, before receipt of such wire transfers), subject to the terms hereof, US Agent shall make the requested US Tranche A Revolving Credit Loan Advance to a US Borrower as designated by US Borrower Representative in the Notice of US Tranche A Revolving Credit AdvanceBorrower. All such payments by each US Tranche A Lender shall be made without setoff, counterclaim or deduction of any kind. US On the 2nd Business Day of each calendar week or more frequently at Agent's election (each, a "Settlement Date"), Agent shall notify US Tranche A1 Lendersadvise each Lender by telephone, promptly after receipt electronic mail, or telecopy of the amount of such Lender's Pro Rata Share of principal, interest and Fees paid for the benefit of Lenders with respect to its Loan. Provided that each Lender has funded all payments or Revolving Loan Advances required to be made by it under this Agreement and the other Loan Documents as of such Settlement Date, Agent shall pay to each Lender such Lender's Pro Rata Share of principal, interest and Fees paid by Borrower since the previous Settlement Date for the benefit of such Lender on the Loans held by it. To the extent that any Lender (a Notice "Non-Funding Lender") has failed to fund all such payments and Revolving Loan Advances, Agent shall be entitled to set off the funding short-fall against that Non-Funding Lender's Pro Rata Share of US Tranche A1 Revolving Credit Advance and all payments received from Borrower. Such payments shall be made by wire transfer to such Lender's account (as specified by such Lender to Agent in any event prior to writing) not later than 1:00 p.m. (New York Los Angeles time) on the date such Notice of a US Tranche A1 Revolving Credit Advance is received, by fax, telephone or other similar form of transmission. Each US Tranche A1 Lender shall make the amount of such US Tranche A1 Lender’s Pro Rata Share of such US Tranche A1 Revolving Credit Advance available to US Agent in same day funds by wire transfer to US Agent’s account as set forth in Section 1.5 not later than 3:00 p.m. (New York time) on the requested Funding Date in the case of a US Index Rate Loan and not later than 11:00 a.m. (New York time) on the requested Funding Date in the case of a LIBOR Loan. After receipt of such wire transfers (or, in the US Agent’s sole discretion, before receipt of such wire transfers), subject to the terms hereof, US Agent shall make the requested US Tranche A1 Revolving Credit Advance to a US Borrower as designated by US Borrower Representative in the Notice of US Tranche A1 Revolving Credit Advance. All payments by next Business Day following each US Tranche A1 Lender shall be made without setoff, counterclaim or deduction of any kindSettlement Date.

Appears in 1 contract

Samples: Credit Agreement (Gottschalks Inc)

Advances; Payments. (i) US Agent shall notify US Tranche A LendersLedners, promptly after receipt of a Notice of US Tranche A Revolving Credit Advance and in any event prior to 1:00 p.m. (New York time) on the date such Notice of a US Tranche A Revolving Credit Advance is received, by fax, telephone or other similar form of transmission. Each US Tranche A Lender shall make the amount of such US Tranche A Lender’s Pro Rata Share of such US Tranche A Revolving Credit Advance available to US Agent in same day funds by wire transfer to US Agent’s account as set forth in Section 1.5 not later than 3:00 p.m. (New York time) on the requested Funding Date in the case of a US Index Rate Loan and not later than 11:00 a.m. (New York time) on the requested Funding Date in the case of a LIBOR Loan. After receipt of such wire transfers (or, in the US Agent’s sole discretion, before receipt of such wire transfers), subject to the terms hereof, US Agent shall make the requested US Tranche A Revolving Credit Advance to a US Borrower as designated by US Borrower Representative in the Notice of US Tranche A Revolving Credit Advance. All payments by each US Tranche A Lender shall be made without setoff, counterclaim or deduction of any kind. US Agent shall notify US Tranche A1 Lenders, promptly after receipt of a Notice of US Tranche A1 Revolving Credit Advance and in any event prior to 1:00 p.m. (New York time) on the date such Notice of a US Tranche A1 Revolving Credit Advance is received, by fax, telephone or other similar form of transmission. Each US Tranche A1 Lender shall make the amount of such US Tranche A1 Lender’s Pro Rata Share of such US Tranche A1 Revolving Credit Advance available to US Agent in same day funds by wire transfer to US Agent’s account as set forth in Section 1.5 not later than 3:00 p.m. (New York time) on the requested Funding Date in the case of a US Index Rate Loan and not later than 11:00 a.m. (New York time) on the requested Funding Date in the case of a LIBOR Loan. After receipt of such wire transfers (or, in the US Agent’s sole discretion, before receipt of such wire transfers), subject to the terms hereof, US Agent shall make the requested US Tranche A1 Revolving Credit Advance to a US Borrower as designated by US Borrower Representative in the Notice of US Tranche A1 Revolving Credit Advance. All payments by each US Tranche A1 Lender shall be made without setoff, counterclaim or deduction of any kind.

Appears in 1 contract

Samples: Credit Agreement (Exopack Holding Corp)

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