Common use of Automatic Debits of Fees Clause in Contracts

Automatic Debits of Fees. With respect to any commitment fee, utilization fee, arrangement fee, or other fee, or any other cost or expense (including Attorney Costs) due and payable to the Agent or the Arranger under the Loan Documents, the Company hereby irrevocably authorizes the Agent to debit any deposit account of the Company with the 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 the 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 2 contracts

Samples: Bridge Loan Agreement (Innoveda Inc), Bridge Loan Agreement (Mentor Graphics Corp)

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Automatic Debits of Fees. With respect to any commitment fee, ------------------------ utilization fee, arrangement fee, or other fee, or any other cost or expense (including Attorney Costs) due and payable to the Agent or the Arranger under the Loan Documents, the Company hereby irrevocably authorizes the Agent to debit any deposit account of the Company with the 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 the 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: Bridge Loan Agreement (Mentor Graphics Corp)

Automatic Debits of Fees. With respect to any commitment fee, utilization fee, arrangement fee, or other fee, fee or any other cost or expense (including Attorney Costs) due and payable to the Administrative Agent or the Arranger under the Loan Documents, the Company hereby irrevocably authorizes the Agent Administrative Agent, after giving reasonable prior notice to the Company, to debit any deposit account of the Company with 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 the Administrative Agent'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-off.

Appears in 1 contract

Samples: Term Loan Agreement (Venoco, Inc.)

Automatic Debits of Fees. With respect to any commitment fee, utilization fee, arrangement fee, or other fee, or any other cost or expense (including Attorney Costs) due and payable to the Agent or the Arranger Bank under the Loan Documents, the Company Borrower hereby irrevocably authorizes the Agent Bank to debit any deposit account of the Company Borrower with the Agent Bank 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 the AgentBank'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 (Us Home & Garden Inc)

Automatic Debits of Fees. With respect to any commitment fee, utilization fee, arrangement fee, or other fee, or any other cost or expense (including Attorney Costs) due and payable to the Administrative Agent or the Arranger under the Loan Documents, the Company hereby irrevocably authorizes the Agent Administrative Agent, after giving reasonable prior notice to the Company, to debit any deposit account of the Company with 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 the Administrative Agent'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-off.

Appears in 1 contract

Samples: Term Loan Agreement (TXCO Resources Inc)

Automatic Debits of Fees. With respect to any commitment fee, utilization fee, arrangement fee, or other fee, fee or any other cost or expense (including Attorney Costs) due and payable to the Administrative Agent or the Arranger under the Loan Documents, the Company hereby irrevocably authorizes the Agent Administrative Agent, after giving reasonable prior notice to the Company, to debit any deposit account of the Company with 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 the Administrative Agent's ’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-off.

Appears in 1 contract

Samples: Term Loan Agreement (Venoco, Inc.)

Automatic Debits of Fees. With respect to any commitment fee, utilization fee, arrangement fee, or other fee, or any other cost or expense (including Attorney Costs) due and payable to the Administrative Agent or the Arranger under the Loan Documents, the Company hereby irrevocably authorizes the Agent Administrative Agent, after giving reasonable prior notice to the Company, to debit any deposit account of the Company with 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 the Administrative Agent's ’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-off.

Appears in 1 contract

Samples: Term Loan Agreement (Exploration Co of Delaware Inc)

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Automatic Debits of Fees. With respect to any commitment fee, utilization fee, arrangement fee, fee or other fee, or any other cost or expense (including Attorney Costs) due and payable to the Administrative Agent or the Arranger under the Loan Documents, the Company hereby irrevocably authorizes the Agent Administrative Agent, after giving reasonable prior notice to the Company, to debit any deposit account of the Company with 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 the Administrative Agent's ’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-off.

Appears in 1 contract

Samples: Second Lien Term Loan Agreement (Venoco, Inc.)

Automatic Debits of Fees. With respect to any commitment fee, utilization fee, arrangement fee, or other fee, or any other cost or expense (including Attorney Costsattorneys' fees) due and payable to the Administrative Agent or and/or the Arranger Lenders under the Loan Documents, the Company each Loan Party hereby irrevocably authorizes the Administrative Agent to debit any deposit account of the Company such Loan Party with 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 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 (Amcon Distributing Co)

Automatic Debits of Fees. With respect to any principal, interest, commitment fee, utilization fee, arrangement fee, letter of credit fee or other fee, or any other cost or expense (including Attorney Costs) due and payable to the Agent or the Arranger Bank under the Loan Documents, the Company hereby irrevocably authorizes the Agent Bank to debit any deposit account of the Company with the Agent Bank in an amount such that the aggregate amount debited from all such deposit accounts does not exceed such principal, interest, 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 payment then due, such debits will be reversed (in whole or in part, in the AgentBank'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 (Precision Castparts Corp)

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