Common use of Automatic Debits of Fees Clause in Contracts

Automatic Debits of Fees. With respect to any interest, non-use fee, letter of credit fee or other fee due and payable to the Administrative Agent, the LC Issuer, the Swing Line Lender, Bank of America or the Arranger under the Loan Documents, the Company hereby irrevocably authorizes Bank of America to debit any deposit account of the Company with Bank of America 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 interest or fees then due, such debits will be reversed (in whole or in part, in Bank of America’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 4 contracts

Samples: Credit Agreement (Abm Industries Inc /De/), Credit Agreement (Abm Industries Inc /De/), Credit Agreement (Abm Industries Inc /De/)

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Automatic Debits of Fees. With respect to any interest, non-use commitment fee, letter of credit fee arrangement fee, or other fee fee, or any other cost or expense (including Attorney Costs) due and payable to the Administrative Agent, the LC Issuer, the Swing Line Lender, Bank of America or the Arranger under the Loan Documents, the Company hereby irrevocably authorizes Bank of America to debit any deposit account of the Company with Bank of America 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 interest fee or fees other cost or expense then due, such debits will be reversed (in whole or in part, in Bank of America’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 3 contracts

Samples: Credit Agreement (Mentor Graphics Corp), Credit Agreement (Mentor Graphics Corp), Credit Agreement (Mentor Graphics Corp)

Automatic Debits of Fees. With respect to any interest, non-use commitment fee, letter of credit fee or other fee due and payable to the Administrative Agent, the LC Issuer, the Swing Line Lender, Bank of America or the Arranger under the Loan Documents, the Company hereby irrevocably authorizes Bank of America to debit any deposit account of the Company with Bank of America 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 interest or fees then due, such debits will be reversed (in whole or in part, in Bank of America’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 2 contracts

Samples: Credit Agreement (Abm Industries Inc /De/), Credit Agreement (Abm Industries Inc /De/)

Automatic Debits of Fees. With respect to any interest, non-use commitment fee, letter of credit fee or other fee due and payable to the Administrative Agent, the LC Issuer, the Swing Line Lender, Bank of America or the Arranger under the Loan Documents, the Company Borrower hereby irrevocably authorizes Bank of America to debit any deposit account of the Company Borrower with Bank of America 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 interest or fees then due, such debits will be reversed (in whole or in part, in Bank of America’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 2 contracts

Samples: Credit Agreement (Teletech Holdings Inc), Credit Agreement (Proquest Co)

Automatic Debits of Fees. With respect to any interest, non-use fee, letter of credit fee or any other fee cost or expense (including Attorney Costs) due and payable to the Administrative Agent, the LC Issuer, the Swing Line Lender, Bank of America or the Arranger under the Loan Documents, the Company Borrowers hereby irrevocably authorizes authorize Bank of America to debit any deposit account of the Company applicable Borrower with Bank of America 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 interest fee or fees other cost or expense then due, such debits will be reversed (in whole or in part, in Bank of America’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 2 contracts

Samples: Assignment and Acceptance Agreement (Nuveen John Company), Credit Agreement (Nuveen John Company)

Automatic Debits of Fees. With respect to any interestcommitment fee, non-use arrangement fee, letter of credit fee fee, or other fee fee, or any other cost or expense (including Attorney Costs) due and payable to the Administrative Agent, the LC IssuerIssuing Bank, the Swing Line Lender, or Bank of America or the Arranger under the Loan Documents, the Company hereby irrevocably authorizes Bank of America to debit any deposit account of the Company with Bank of America 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 interest fee or fees other cost or expense then due, such debits will be reversed (in whole or in part, in Bank of America’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 (Gymboree Corp)

Automatic Debits of Fees. With respect to any interest, non-use fee, letter of credit fee or other fee due and payable to the Administrative Agent, the LC Issuer, the Swing Line Lender, BA Strategic Solutions or Bank of America or the Arranger under the Loan Documents, the Company hereby irrevocably authorizes Bank of America to debit any deposit account of the Company with Bank of America 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 interest or fees then due, such debits will be reversed (in whole or in part, in Bank of America’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 Plastic Lumber Corp)

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Automatic Debits of Fees. With respect to any interest, non-use commitment fee, letter of credit fee arrangement fee, or other fee fee, or any other cost or expense (including Attorney Costs) due and payable to the Administrative Agent, the LC Issuer, the Swing Line Lender, Bank of America or the Arranger under the Loan Documents, the Company hereby irrevocably authorizes Bank of America to debit any deposit account of the Company with Bank of America 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 interest fee or fees other cost or expense then due, such debits will be reversed (in whole or in part, in Bank of America’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 (Crown Pacific Partners L P)

Automatic Debits of Fees. With respect to any interest, non-use commitment fee, letter of credit fee arrangement fee, or other fee fee, or any other cost or expense (including Attorney Costs) due and payable to the Administrative Agent, the LC Issuer, the Swing Line Lender, or Bank of America or the Arranger under the Loan Documents, the Company hereby irrevocably authorizes Bank of America to debit any deposit account of the Company with Bank of America 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 interest fee or fees other cost or expense then due, such debits will be reversed (in whole or in part, in Bank of America’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 (Mentor Graphics Corp)

Automatic Debits of Fees. With respect to any interest, non-use commitment fee, letter of credit fee arrangement fee, or other fee fee, or any other cost or expense (including Attorney Costs) due and payable to the Administrative Agent, the LC Issuer, the Swing Line Lender, Bank of America or the Sole Arranger under the Loan Documents, the Company hereby irrevocably authorizes Bank of America to debit any deposit account of the Company with Bank of America 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 interest fee or fees other cost or expense then due, such debits will be reversed (in whole or in part, in Bank of America’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 (Marcus Corp)

Automatic Debits of Fees. With respect to any interest, non-use fee, letter of credit facility fee or other fee fee, or any other cost or expense (including Attorney Costs) due and payable to the Administrative Agent, the LC Issuer, the Swing Line Lender, Agent or Bank of America or the Arranger under the Loan Documents, the Company Borrower hereby irrevocably authorizes Bank of America to debit any deposit account of the Company Borrower with Bank of America 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 interest fee or fees other cost or expense then due, such debits will be reversed (in whole or in part, in Bank of America’s sole discretion) and such amount not debited shall be deemed to be unpaid. No such debit under this Section 10.19 shall be deemed a set-offsetoff.

Appears in 1 contract

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

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