Common use of Automatic Debits of Fees Clause in Contracts

Automatic Debits of Fees. With respect to any commitment fee, arrangement fee, agency fee, letter of credit fee or other fee, or any other cost or expense (including Attorney Costs) due and payable to the Administrative Agent, the Swingline Lender or the Issuing Lender under the Loan Documents, the Company hereby irrevocably authorizes BofA to debit any deposit account of the Company with BofA in an amount such that the aggregate amount debited from all such deposit accounts does not exceed such fee or other cost or expense. If there are insufficient funds in such deposit accounts to cover the amount of the fee or other cost or expense then due, such debits will be reversed (in whole or in part, in BofA's sole discretion) and such amount not debited shall be deemed to be unpaid. No such debit under this Section shall be deemed a set-off.

Appears in 5 contracts

Samples: Credit Agreement (Del Monte Foods Co), Credit Agreement (Rayovac Corp), Credit Agreement (Del Monte Foods Co)

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Automatic Debits of Fees. With respect to any commitment fee, arrangement fee, agency facility fee, letter of credit fee or other fee, or any other cost or expense (including Attorney Costs) due and payable to the Administrative Agent, the Issuing Banks, the Swingline Lender Bank or the Issuing Lender BofA under the Loan Documents, the Company hereby irrevocably authorizes BofA to debit any deposit account of the Company with BofA in an amount such that the aggregate amount debited from all such deposit accounts does not exceed such fee or other cost or expense. If there are insufficient funds in such deposit accounts to cover the amount of the fee or other cost or expense then due, such debits will be reversed (in whole or in part, in BofA's sole discretion) and such amount not debited shall be deemed to be unpaid. No such debit under this Section 11.10 shall be deemed a set-offsetoff.

Appears in 3 contracts

Samples: Revolving Credit Agreement (Plum Creek Timber Co L P), Revolving Credit Agreement (Plum Creek Timber Co Inc), Revolving Credit and Bridge Loan Agreement (Plum Creek Timber Co L P)

Automatic Debits of Fees. With respect to any commitment fee, arrangement fee, agency fee, letter of credit fee or other fee, or any other cost or expense (including Attorney Costs) due and payable to the Administrative Agent, the Swingline Lender or the Issuing Lender under the Loan Documents, each of the Company and Parent hereby irrevocably authorizes BofA to debit any deposit account of the Company or Parent with BofA in an amount such that the aggregate amount debited from all such deposit accounts does not exceed such fee or other cost or expense. If there are insufficient funds in such deposit accounts to cover the amount of the fee or other cost or expense then due, such debits will be reversed (in whole or in part, in BofA's sole discretion) and such amount not debited shall be deemed to be unpaid. No such debit under this Section shall be deemed a set-off.

Appears in 2 contracts

Samples: Credit Agreement (Del Monte Foods Co), Credit Agreement (Del Monte Foods Co)

Automatic Debits of Fees. With respect to any commitment fee, arrangement fee, agency fee, letter of credit fee or other fee, or any other cost or expense (including Attorney Costs) due and payable to the Administrative Agent, the Swingline Lender Issuing Bank, BofA or the Issuing Lender Arranger under the Loan Documents, the Company Borrower hereby irrevocably authorizes BofA to debit any deposit account of the Company Borrower with BofA in an amount such that the aggregate amount debited from all such deposit accounts does not exceed such fee or other cost or expense. If there are insufficient funds in such deposit accounts to cover the amount of the fee or other cost or expense then due, such debits will be reversed (in whole or in part, in BofA's sole discretion) and such amount not debited shall be deemed to be unpaid. No such debit under this Section shall be deemed a set-off.

Appears in 2 contracts

Samples: Credit Agreement (Storage Technology Corp), Credit Agreement (Storage Technology Corp)

Automatic Debits of Fees. With respect to any commitment non-use fee, arrangement fee, agency fee, letter of credit fee or other fee, or any other cost or expense (including Attorney Costs) due and payable to the Administrative Agent, the Swingline Swing Line Lender, the Accepting Lender or the Issuing Lender BofA under the Loan Documents, the Company hereby irrevocably authorizes BofA to debit any deposit account of the Company with BofA in an amount such that the aggregate amount debited from all such deposit accounts does not exceed such fee or other cost or expense. If there are insufficient funds in such deposit accounts to cover the amount of the fee or other cost or expense then due, such debits will be reversed (in whole or in part, in BofA's sole discretion) and such amount not debited shall be deemed to be unpaid. No such debit under this Section shall be deemed a set-off.

Appears in 2 contracts

Samples: Credit Agreement (Truserv Corp), Credit Agreement (Truserv Corp)

Automatic Debits of Fees. With respect to any commitment fee, arrangement fee, agency fee, letter of credit fee or other fee, or any other cost or expense (including Attorney Costs) due and payable to the Administrative Agent, the Swingline Lender Issuing Bank, BofA or the Issuing Lender Arranger under the Loan Documents, the Company hereby irrevocably authorizes BofA to debit any deposit account of the Company with BofA in an amount such that the aggregate amount debited from all such deposit accounts does not exceed such fee or other cost or expense. If there are insufficient funds in such deposit accounts to cover the amount of the fee or other cost or expense then due, such debits will be reversed (in whole or in part, in BofA's sole discretion) and such amount not debited shall be deemed to be unpaid. No such debit under this Section shall be deemed a set-off.

Appears in 2 contracts

Samples: Credit Agreement (Globalcenter Inc), Security Agreement (California Microwave Inc)

Automatic Debits of Fees. With respect to any commitment fee, arrangement fee, agency fee, letter of credit fee or other fee, or any other cost or expense (including Attorney Costs) due and payable to the Administrative AgentAgent (in its capacity as such), the Swingline Lender BofA or the Issuing Lender Lead Arranger and Book Manager under the Loan Credit Documents, the Company hereby irrevocably authorizes BofA BofA, upon prior notice to the Company, to debit any deposit account of the Company with BofA in an amount such that the aggregate amount debited from all such deposit accounts does not exceed such fee or other cost or expense. If there are insufficient funds in such deposit accounts to cover the amount of the fee or other cost or expense then due, such debits will be reversed (in whole or in part, in BofA's sole discretion) and such amount not debited shall be deemed to be unpaid. No such debit under this Section 10.11 shall be deemed a set-off.

Appears in 1 contract

Samples: Credit Agreement (Tower Automotive Inc)

Automatic Debits of Fees. With respect to any commitment fee, arrangement fee, agency fee, letter of credit fee or other fee, or any other cost or expense (including Attorney Costs) due and payable to the Administrative Agent, the Swingline Lender Agent or the Issuing Lender under the Loan Documents, the Company hereby irrevocably authorizes BofA to debit (or to cause BAI to debit) any deposit account of the Company with BofA (or BAI) in an amount such that the aggregate amount debited from all such deposit accounts does not exceed such fee or other cost or expense. If there are insufficient funds in such deposit accounts to cover the amount of the fee or other cost or expense then due, such debits will be reversed (in whole or in part, in BofA's sole discretion) and such amount not debited shall be deemed to be unpaid. No such debit under this Section shall be deemed a set-off.

Appears in 1 contract

Samples: Credit Agreement (Air Cure Technologies Inc /De)

Automatic Debits of Fees. With respect to any commitment fee, ------------------------ arrangement fee, agency fee, letter of credit fee or other fee, or any other cost or expense (including Attorney Costs) due and payable to the Administrative Agent, the Swingline Lender Issuing Bank, BofA or the Issuing Lender Arranger under the Loan Documents, the Company Borrower hereby irrevocably authorizes BofA to debit any deposit account of the Company Borrower with BofA in an amount such that the aggregate amount debited from all such deposit accounts does not exceed such fee or other cost or expense. If there are insufficient funds in such deposit accounts to cover the amount of the fee or other cost or expense then due, such debits will be reversed (in whole or in part, in BofA's ,s sole discretion) and such amount not debited shall be deemed to be unpaid. No such debit under this Section shall be deemed a set-off.

Appears in 1 contract

Samples: Credit Agreement (U S Rentals Inc)

Automatic Debits of Fees. With respect to any commitment fee, arrangement fee, agency fee, letter of credit fee or other fee, or any other cost or expense (including Attorney Costs) due and payable to the Administrative Agent, the Swingline Lender Agent or the Issuing Lender BofA under the Loan Documents, the Company hereby irrevocably authorizes BofA to debit any a deposit account of the Company with BofA in an amount such that the aggregate amount debited from all such deposit accounts does not exceed such fee or other cost or expense. The Company shall notify the Agent from time to time of the account number which it wishes to have debited. If there are insufficient funds in such deposit accounts to cover the amount of the fee or other cost or expense then due, such debits will be reversed (in whole or in part, in BofA's sole discretion) and such amount not debited shall be deemed to be unpaid. No such debit under this Section shall be deemed a set-off.

Appears in 1 contract

Samples: Credit Agreement (Williams Sonoma Inc)

Automatic Debits of Fees. With respect to any commitment non-use fee, arrangement fee, agency fee, letter of credit fee or other fee, or any other cost or expense (including Attorney Costs) due and payable to the Administrative Agent, the Swingline Lender Agent or the Issuing Lender BAI under the Loan Documents, the Company hereby irrevocably authorizes BofA BAI (and, if requested by BAI, any Affiliate of BAI) to debit any deposit account of the Company with BofA BAI or such Affiliate of BAI in an amount such that the aggregate amount debited from all such deposit accounts does not exceed such fee or other cost or expense. If there are insufficient funds in such deposit accounts to cover the amount of the fee or other cost or expense then due, such debits will be reversed (in whole or in part, in BofABAI's sole discretion) and such amount not debited shall be deemed to be unpaid. No such debit under this Section shall be deemed a set-off.

Appears in 1 contract

Samples: Credit Agreement (Cotter & Co)

Automatic Debits of Fees. With respect to any commitment fee, arrangement fee, agency fee, letter of credit fee or other fee, or any other cost or expense (including Attorney Costs) due and payable to the Administrative Agent, the Swingline Lender BofA or the Issuing Lender BARS under the Loan Documents, the Company hereby irrevocably authorizes BofA BofA, to debit any deposit account of the Company with BofA in an amount such that the aggregate amount debited from all such deposit accounts does not exceed such fee or other cost or expense. BofA will provide prompt written notice to the Company of any such debit. If there are insufficient funds in such deposit accounts to cover the amount of the fee or other cost or expense then due, such debits will be reversed (in whole or in part, in BofA's sole discretion) and such amount not debited shall be deemed to be unpaid. No such debit under this Section shall be deemed a set-off.

Appears in 1 contract

Samples: Credit Agreement (White Cap Holdings Inc)

Automatic Debits of Fees. With respect to any commitment fee, arrangement fee, agency fee, letter of ------------------------ credit fee or other fee, or any other cost or expense (including Attorney Costs) due and payable to the Administrative Agent, the Swingline Lender Issuing Bank, BofA or the Issuing Lender Lead Arranger under the Loan Documents, the Company Borrower hereby irrevocably authorizes BofA to debit any deposit account of the Company Borrower with BofA in an amount such that the aggregate amount debited from all such deposit accounts does not exceed such fee or other cost or expense. If there are insufficient funds in such deposit accounts to cover the amount of the fee or other cost or expense then due, such debits will may be reversed (in whole or in part, in BofA's sole discretion) and such amount not debited shall be deemed to be unpaid. No such debit under this Section shall be deemed a set-off.

Appears in 1 contract

Samples: Credit Agreement (Storage Technology Corp)

Automatic Debits of Fees. With respect to any commitment fee, arrangement facility fee, agency fee, letter of credit fee or other fee, or any other cost or expense (including Attorney Costs) due and payable to the Administrative Agent, the Swingline Lender BofA or the Issuing Lender Arranger under the Loan Documents, the Company hereby irrevocably authorizes BofA BofA, upon at least one day's prior written notice to the Company, to debit any deposit account of the Company with BofA in an amount such that the aggregate amount debited from all such deposit accounts does not exceed such fee or other cost or expense. If there are insufficient funds in such deposit accounts to cover the amount of the fee or other cost or expense then due, such debits will be reversed (in whole or in part, in BofA's sole discretion) and such amount not debited shall be deemed to be unpaid. No such debit under this Section 10.10 shall be deemed a set-offsetoff.

Appears in 1 contract

Samples: Credit Agreement (Ross Stores Inc)

Automatic Debits of Fees. With respect to any commitment fee, arrangement fee, agency fee, letter of credit fee or other fee, or any other cost or expense (including excluding Attorney Costs) due and payable to the Administrative Agent, the Swingline Lender Issuing Bank, BofA or the Issuing Lender Arranger under the Loan Documents, the Company Borrowers hereby irrevocably authorizes authorize BofA to debit any with timely notice to the Company a prearranged deposit account of the Company Borrowers with BofA in an amount such that the aggregate amount debited from all such deposit accounts does not exceed such fee or other cost or expense. If there are insufficient funds in such deposit accounts to cover the amount of the fee or other cost or expense then due, such debits will be reversed (in whole or in part, in BofA's sole discretion) and such amount not debited shall be deemed to be unpaid. No such debit under this Section shall be deemed a set-off.

Appears in 1 contract

Samples: Credit Agreement (System Software Associates Inc)

Automatic Debits of Fees. With respect to any commitment fee, arrangement fee, agency fee, letter of credit fee or other fee, or any other cost or expense (including Attorney Costs) due and payable to the Administrative Agent, the Swingline Lender Issuing Bank, the Arranger or the Issuing Lender Banks under the Loan Documents, the Company hereby irrevocably authorizes BofA to debit any deposit account of the Company with BofA in an amount such that the aggregate amount debited from all such deposit accounts does not exceed such fee or other cost or expense. If there are insufficient funds in such deposit accounts to cover the amount of the fee or other cost or expense then due, such debits will be reversed (in whole or in part, in BofA's sole discretion) and such amount not debited shall be deemed to be unpaid. No such debit under this Section shall be deemed a set-set- off.

Appears in 1 contract

Samples: Credit Agreement (Sierra Health Services Inc)

Automatic Debits of Fees. With respect to any commitment fee, arrangement fee, agency fee, letter of credit fee or other fee, or any other cost or expense (including Attorney Costs) due and payable to the Administrative AgentAgent (in its capacity as such), the Swingline Lender BofA or the Issuing Lender Lead Arranger and Book Manager under the Loan Credit Documents, the Company hereby irrevocably authorizes BofA BofA, upon prior notice to the Company, to debit any deposit account of the Company with BofA in an amount such that the aggregate amount debited from all such deposit accounts does not exceed such fee or other cost or expense. If there are insufficient funds in such deposit accounts to cover the amount of the fee or other cost or expense then due, such debits will be reversed (in whole or in part, in BofA's sole discretion) and such amount not debited shall be deemed to be unpaid. No such debit under this Section 10.11 shall be deemed a set-off.

Appears in 1 contract

Samples: Credit Agreement (Trylon Corp/Mi/)

Automatic Debits of Fees. With respect to any commitment fee, arrangement fee, agency fee, letter of credit fee or other fee, or any other cost or expense (including Attorney Costs) due and payable to the Administrative Agent, the Swingline Lender Issuing Lender, BofA or the Issuing Lender Arranger under the Loan Documents, the Company hereby irrevocably authorizes BofA to debit any deposit account of the Company with BofA in an amount such that the aggregate amount debited from all such deposit accounts does not exceed such fee or other cost or expense. If there are insufficient funds in such deposit accounts to cover the amount of the fee or other cost or expense then due, such debits will be reversed (in whole or in part, in BofA's sole discretion) and such amount not debited shall be deemed to be unpaid. No such debit under this Section shall be deemed a set-off.

Appears in 1 contract

Samples: Credit Agreement (Nebco Evans Holding Co)

Automatic Debits of Fees. With respect to any commitment facility fee, arrangement fee, agency fee, letter of credit fee or other fee, or any other cost or expense (including Attorney Costs) due and payable to the Administrative Agent, the Swingline Lender Issuing Bank, BofA or the Issuing Lender Arranger under the Loan Documents, the Company hereby irrevocably authorizes BofA to debit any deposit account of the Company with BofA in an amount such that the aggregate amount debited from all such deposit accounts does not exceed such fee or other cost or expense. If there are insufficient funds in such deposit accounts to cover the amount of the fee or other cost or expense then due, such debits will be reversed (in whole or in part, in BofA's sole discretion) and such amount not debited shall be deemed to be unpaid. No such debit under this Section shall be deemed a set-off.

Appears in 1 contract

Samples: Credit Agreement (Katy Industries Inc)

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Automatic Debits of Fees. With respect to any commitment fee, arrangement fee, agency fee, letter of credit fee or other fee, or any other cost or expense (including Attorney Costs) due and payable to the Administrative Agent, the Swingline Lender Issuing Bank or the Issuing Lender any Bank under the Loan Documents, the Company Co-Borrowers hereby irrevocably authorizes BofA authorize the Administrative Agent to debit any deposit account accounts of the Company Co-Borrowers with BofA Xxxxx Fargo in an amount such that the aggregate amount debited from all such deposit accounts does not exceed such fee or other cost or expense. If there are insufficient funds in such deposit accounts to cover the amount of the fee or other cost or expense then due, such debits will be reversed (in whole or in part, in BofA's the Administrative Agent’s sole discretion) and such amount not debited shall be deemed to be unpaid. No such debit under this Section shall be deemed a set-off.

Appears in 1 contract

Samples: Credit Agreement (Avista Corp)

Automatic Debits of Fees. With respect to any commitment fee, arrangement fee, agency fee, letter of credit fee or other fee, or any other cost or expense (including Attorney Costs) due and payable to the Administrative AgentAgent (in its capacity as such), the Swingline Lender BofA or the Issuing Lender Arranger under the Loan Credit Documents, the Company hereby irrevocably authorizes BofA BofA, upon prior notice to the Company, to debit any deposit account of the Company with BofA in an amount such that the aggregate amount debited from all such deposit accounts does not exceed such fee or other cost or expense. If there are insufficient funds in such deposit accounts to cover the amount of the fee or other cost or expense then due, such debits will be reversed (in whole or in part, in BofA's sole discretion) and such amount not debited shall be deemed to be unpaid. No such debit under this Section SECTION 10.11 shall be deemed a set-off.

Appears in 1 contract

Samples: Credit Agreement (Tower Automotive Inc)

Automatic Debits of Fees. With respect to any commitment fee, arrangement fee, agency fee, letter of credit fee or other fee, or any other ------------------------ cost or expense (including excluding Attorney Costs) due and payable to the Administrative Agent, the Swingline Lender Issuing Bank or the Issuing Lender BofA under the Loan Documents, the Company Borrower hereby irrevocably authorizes BofA to debit any with timely notice to the Borrower a prearranged deposit account of the Company Borrower with BofA or any Affiliate of BofA in an amount such that the aggregate amount debited from all such deposit accounts does not exceed such fee or other cost or expense. If there are insufficient funds in such deposit accounts to cover the amount of the fee or other cost or expense then due, such debits will be reversed (in whole or in part, in BofA's sole discretion) and such amount not debited shall be deemed to be unpaid. No such debit under this Section shall be deemed a set-set- off.

Appears in 1 contract

Samples: Secured Credit Agreement (System Software Associates Inc)

Automatic Debits of Fees. With respect to any commitment fee, arrangement fee, agency fee, letter of credit fee or other fee, or any other cost or expense (including Attorney Costs) due and payable to the Administrative Agent, the Swingline Lender Issuing Bank, BofA or the Issuing Lender Arranger under the Loan Documents, the Company each Borrower hereby irrevocably authorizes BofA to debit any deposit account of the Company such Borrower with BofA in an amount such that the aggregate amount debited from all such deposit accounts does not exceed such fee or other cost or expense. If there are insufficient funds in such deposit accounts to cover the amount of the fee or other cost or expense then due, such debits will be reversed (in whole or in part, in BofA's sole discretion) and such amount not debited shall be deemed to be unpaid. No such debit under this Section shall be deemed a set-off.

Appears in 1 contract

Samples: Credit Agreement (Vlsi Technology Inc)

Automatic Debits of Fees. With respect to any commitment fee, arrangement fee, agency fee, letter of credit fee or other fee, or any other cost or expense (including Attorney Costs) due and payable to the Administrative Agent, the Swingline Lender Issuing Bank, BofA or the Issuing Lender Arranger under the Loan Documents, the Company hereby irrevocably authorizes BofA BofA, after giving reasonable prior notice to the Company, to debit any deposit account of the Company with BofA in an amount such that the aggregate amount debited from all such deposit accounts does not exceed such fee or other cost or expense. If there are insufficient funds in such deposit accounts to cover the amount of the fee or other cost or expense then due, such debits will be reversed (in whole or in part, in BofA's sole discretion) and such amount not debited shall be deemed to be unpaid. No such debit under this Section shall be deemed a set-off.

Appears in 1 contract

Samples: Credit Agreement (Giant Industries Inc)

Automatic Debits of Fees. With respect to any commitment non-use fee, arrangement fee, agency fee, upfront facility fee, letter of credit fee or other fee, any interest payment, or any other cost or expense (including Attorney Costs) due and payable to the Administrative Agent, the Swingline Lender Agent or the Issuing Lender any Issuer under the Loan Documents, the Company hereby irrevocably authorizes BofA BOA, upon 24 hours prior notice to the Company, to debit any deposit account of the Company with BofA BOA in an amount such that the aggregate amount debited from all such deposit accounts does not exceed such fee or other cost or expense. If there are insufficient funds in such deposit accounts to cover the amount of the fee or other cost or expense then due, such debits will be reversed (in whole or in part, in BofA's BOA’s sole discretion) and such amount not debited shall be deemed to be unpaid. No such debit under this Section shall be deemed a set-off.

Appears in 1 contract

Samples: Credit Agreement (LKQ Corp)

Automatic Debits of Fees. With respect to any commitment fee, arrangement fee, agency fee, letter of credit fee or other fee, or any other cost or expense (including Attorney Costs) fee due and payable to the Administrative any Agent, any Issuing Lender, any Lender, the Swingline Lender or the Issuing Lender Arrangers under the Loan Documents, the Company each Borrower hereby irrevocably authorizes BofA to debit any deposit account of the Company such Borrower with BofA in an amount such that the aggregate amount debited from all such deposit accounts does not exceed such fee or other cost or expense. If there are insufficient funds in such deposit accounts to cover the amount of the fee or other cost or expense then due, such debits will be reversed (in whole or in part, in BofA's sole discretion) and such amount not debited shall be deemed to be unpaid. No such debit under this Section shall be deemed a set-off.

Appears in 1 contract

Samples: Credit Agreement (Quality Food Centers Inc)

Automatic Debits of Fees. With respect to any commitment fee, arrangement fee, agency fee, letter of credit fee or other fee, or any other cost or expense (including reasonable Attorney Costs) ), due and payable to the Administrative Agent, the Swingline Lender or the Issuing Lender Agent under the Loan Documents, in the Company event that such amount has been unpaid by the Borrower after request therefor by the Administrative Agent, the Borrower hereby irrevocably authorizes BofA the Administrative Agent to debit any deposit account of the Company Borrower with BofA the Administrative Agent in an amount such that the aggregate amount debited from all such deposit accounts does not exceed such fee or other cost or expense. If there are insufficient funds in such deposit accounts to cover the amount of the fee or other cost or expense then due, such debits will be reversed (in whole or in part, in BofA's the Administrative Agent’s sole discretion) and such amount not debited shall be deemed to be unpaid. No such debit under this Section shall be deemed a set-off.

Appears in 1 contract

Samples: Uncommitted Revolving Credit Agreement (Tesoro Corp /New/)

Automatic Debits of Fees. With respect to any commitment fee, arrangement fee, agency fee, letter of credit fee or other fee, or any other cost or expense (including Attorney Costs) due and payable to the Administrative Agent, the Swingline Lender Issuing Bank, BofA or the Issuing Lender Lead Arranger under the Loan Documents, the Company Borrower hereby irrevocably authorizes BofA to debit any deposit account of the Company Borrower with BofA in an amount such that the aggregate amount debited from all such deposit accounts does not exceed such fee or other cost or expense. If there are insufficient funds in such deposit accounts to cover the amount of the fee or other cost or expense then due, such debits will be reversed (in whole or in part, in BofA's sole discretion) and such amount not debited shall be deemed to be unpaid. No such debit under this Section shall be deemed a set-off.

Appears in 1 contract

Samples: Credit Agreement (Storage Technology Corp)

Automatic Debits of Fees. With respect to any commitment fee, arrangement fee, agency feeFacility Fee, letter of credit fee or other fee, or any other cost or expense (including Attorney Costs) due and payable to the Administrative Agent, the Issuing Bank, the Swingline Lender Bank or the Issuing Lender BofA under the Loan Documents, the Company hereby irrevocably authorizes BofA to debit any deposit account of the Company with BofA in an amount such that the aggregate amount debited from all such deposit accounts does not exceed such fee or other cost or expense. If there are insufficient funds in such deposit accounts to cover the amount of the fee or other cost or expense then due, such debits will be reversed (in whole or in part, in BofA's sole discretion) and such amount not debited shall be deemed to be unpaid. No such debit under this Section 11.11 shall be deemed a set-offsetoff.

Appears in 1 contract

Samples: Assignment and Assumption Agreement (Plum Creek Timber Co Inc)

Automatic Debits of Fees. With respect to any commitment fee, arrangement fee, agency fee, letter of credit fee or other fee, or any other cost or expense (including reasonable Attorney Costs) ), due and payable to the Administrative Agent, the Swingline Lender or the Issuing Lender Agent under the Loan Documents, in the Company event that such amount has been unpaid by the Borrower after request therefor by the Administrative Agent, the Borrower hereby irrevocably authorizes BofA the Administrative Agent to debit any deposit account of the Company Borrower with BofA the Administrative Agent in an amount such that the aggregate amount debited from all such deposit accounts does not exceed such fee or other cost or expense. If there are insufficient funds in such deposit accounts to cover the amount of the fee or other cost or expense then due, such debits will be reversed (in whole or in part, in BofAthe Administrative Agent's sole discretion) and such amount not debited shall be deemed to be unpaid. No such debit under this Section shall be deemed a set-off.

Appears in 1 contract

Samples: Uncommitted Revolving Credit Agreement (Tesoro Corp /New/)

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