Common use of Business Day Adjustment Clause in Contracts

Business Day Adjustment. If the day by which a payment is due to be made is not a Business Day, that payment shall be made by the next succeeding Business Day unless that next succeeding Business Day falls in a different calendar month, in which case that payment shall be made by the Business Day immediately preceding the day by which such payment is due to be made.

Appears in 17 contracts

Samples: Facility Agreement (Third Wave Technologies Inc /Wi), Loan Agreement (Composite Technology Corp), Facility Agreement (Discovery Laboratories Inc /De/)

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Business Day Adjustment. If the day by which a any payment or other performance is due to be made is not a Business Day, that payment or performance shall be made by the next succeeding Business Day unless that next succeeding Business Day falls in a different calendar month, in which case that payment shall be made by the Business Day immediately preceding the day by which such payment is due to be madeDay.

Appears in 11 contracts

Samples: Facility Agreement (Tribute Pharmaceuticals Canada Inc.), Securities Purchase Agreement, Note Purchase Agreement (Aerie Pharmaceuticals Inc)

Business Day Adjustment. If the day by which a any payment or other performance is due to be made is not a Business Day, that payment or performance shall be made by the next succeeding Business Day unless that next succeeding Business Day falls in a different calendar month, in which case that payment or other performance shall be made by the Business Day immediately preceding the day by which such payment or other performance is due to be made.

Appears in 6 contracts

Samples: Facility Agreement (Alphatec Holdings, Inc.), Facility Agreement (Cytomedix Inc), Credit Facility Agreement (Fortress Biotech, Inc.)

Business Day Adjustment. If Except as otherwise expressly stated herein or in any other Loan Document, if the day by which a any payment or other performance is due to be made is not a Business Day, that payment or performance shall be made by the next succeeding Business Day unless that next succeeding Business Day falls in a different calendar month, in which case that payment or other performance shall be made by the Business Day immediately preceding the day by which such payment or other performance is due to be made; provided that interest will continue to accrue each additional day in connection therewith.

Appears in 5 contracts

Samples: Facility Agreement (Endologix Inc /De/), Registration Rights Agreement (Endologix Inc /De/), Facility Agreement (Endologix Inc /De/)

Business Day Adjustment. If Except as otherwise expressly provided herein, where the day on or by which a payment is due to be made is not a Business Day, that payment shall be made on or by the next succeeding Business Day. Interest, fees and charges (if any) thereon shall continue to accrue for the period from the due date that is not a Business Day unless to that next succeeding Business Day falls in a different calendar month, in which case that payment shall be made by the Business Day immediately preceding the day by which such payment is due to be madeDay.

Appears in 4 contracts

Samples: Loan Agreement, Original Loan Agreement (Adecoagro S.A.), Loan Agreement (Adecoagro S.A.)

Business Day Adjustment. If the day by which a payment is due to be made on a date that is not a Business Day, that such payment shall instead be made by due on the next succeeding Business Day unless that next succeeding Business Day falls in a different calendar monthDay. Interest, in which case that payment fees and charges (if any) thereon shall be made by continue to accrue until the Business Day immediately preceding the day by which date such payment is due to be made.

Appears in 4 contracts

Samples: Loan Agreement (Merqueo Holdings), Loan Agreement (Merqueo Holdings), Loan Agreement (Merqueo Holdings)

Business Day Adjustment. If the day by which a payment is due to be made is not a Business Day, that payment shall be made by the next succeeding Business Day unless that next succeeding Business Day falls in a different calendar month, in which case that payment shall be made by the Business Day immediately preceding the day by which such payment is due to be madeDay.

Appears in 4 contracts

Samples: Facility Agreement (Icad Inc), Facility Agreement (Pacific Biosciences of California Inc), Subordinated Note and Warrant Purchase Agreement (Trigran Investments, Inc.)

Business Day Adjustment. If the due date for any payment under this Agreement would otherwise fall on a day by which a payment is due to be made is not a Business Day, that payment shall be made by due on the next succeeding Business Day unless Day, and interest, fees and charges, if any, on the amount of that payment shall continue to accrue to that next succeeding Business Day falls in a different calendar month, in which case that payment shall be made by the Business Day immediately preceding the day by which such payment is due to be madeDay.

Appears in 3 contracts

Samples: RMB Loan Agreement (Chindex International Inc), RMB Loan Agreement (Chindex International Inc), RMB Loan Agreement (Chindex International Inc)

Business Day Adjustment. If When the day on or by which a payment is due to be made is not a Business Day, that payment shall be made on or by the next succeeding Business Day. Interest, fees and charges (if any) shall continue to accrue for the period from the due date that is not a Business Day unless to that next succeeding Business Day falls in a different calendar month, in which case that payment shall be made by the Business Day immediately preceding the day by which such payment is due to be madeDay.

Appears in 3 contracts

Samples: Omnibus Agreement (Pricesmart Inc), Loan Agreement (Vaalco Energy Inc /De/), Loan Agreement (Cascal B.V.)

Business Day Adjustment. If the day by which a any payment or other performance is due to be made is not a Business Day, that payment or other performance shall be made by the next succeeding Business Day unless that next succeeding Business Day falls in a different calendar month, in which case that payment or other performance shall be made by the Business Day immediately preceding the day by which such payment is due to be made.

Appears in 2 contracts

Samples: Facility Agreement (Kempharm, Inc), Facility Agreement (Kempharm, Inc)

Business Day Adjustment. If Where the day by which a payment is due to be made is not a Business Day, that payment shall be made by the next succeeding Business Day unless that next succeeding Business Day falls in a different calendar month, in which case that payment shall be made by the Business Day immediately preceding the day by which such payment is due to be made.

Appears in 2 contracts

Samples: Facility Agreement (Hana Biosciences Inc), Loan Agreement (Dynavax Technologies Corp)

Business Day Adjustment. If Where the day on or by which a payment is due to be made is not a Business Day, that payment shall be made done on or by the next succeeding Business Day unless that next succeeding Business Day falls in a different calendar month, in which case that payment shall be made by the Business Day immediately preceding the day by which such payment is due to be madeDay.

Appears in 2 contracts

Samples: Securities Purchase Agreement (STC Broadcasting Inc), Senior Note Purchase Agreement (STC Broadcasting Inc)

Business Day Adjustment. If Where the day on or by which a payment is due to be made is not a Business Day, that said payment shall be made on or by the next succeeding following Business Day unless that next succeeding Business Day falls in a different calendar month, in which case that payment shall be made by the Business Day immediately preceding the day by which such payment is due to be madeDay.

Appears in 2 contracts

Samples: Security Agreement (Comarco Inc), Security Agreement (Comarco Inc)

Business Day Adjustment. If Where the day on or by which a payment is due to be made is not a Business Day, that payment shall be made on or by the next succeeding Business Day. Interest, fees and charges (if any) shall continue to accrue for the period from the due date which is not a Business Day unless to that next succeeding Business Day falls in a different calendar month, in which case that payment shall be made by the Business Day immediately preceding the day by which such payment is due to be madeDay.

Appears in 2 contracts

Samples: Guarantee and Security Agreement (Mitel Networks Corp), Convertible Loan Agreement (Canargo Energy Corp)

Business Day Adjustment. If Where the day on or by which a payment is due to be made is not a Business Day, that payment shall be made on or by the next succeeding Business Day unless that next succeeding Business Day falls in a different calendar month, in which case that payment shall be made by the Business Day immediately preceding the day by which such payment is due to be madeDay.

Appears in 1 contract

Samples: Sponsor Guarantee Agreement (Ica Corporation Holding Co)

Business Day Adjustment. If When the day on or by which a payment is due to be made is not a Business Day, that payment shall be made on or by (a) the next succeeding Business Day unless in that calendar month (if there is one) or (b) the preceding Business Day (if there is not); provided that, in the case of payments made pursuant to clause (a), interest, fees and charges (if any) shall continue to accrue for the period from the due date that is not a Business Day to that next succeeding Business Day falls in a different calendar month, in which case that payment shall be made by the Business Day immediately preceding the day by which such payment is due to be madeDay.

Appears in 1 contract

Samples: Loan Agreement (Vaalco Energy Inc /De/)

Business Day Adjustment. If Where the day on or by which a payment is due to be made pursuant to this Agreement is not a Business Day, that payment shall be made done on or by the next succeeding Business Day. Interest, fees and charges (if any) accrue for the period from the due date which is not a Business Day unless to that next succeeding Business Day falls in a different calendar month, in which case that payment shall be made by the Business Day immediately preceding the day by which such payment is due to be made.Day. 32 - 27 -

Appears in 1 contract

Samples: Loan Agreement (Phoenix Resource Companies Inc)

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Business Day Adjustment. If the day by (a) Any payment which a payment is due to be made on a day that is not a Business Day, that payment Day shall be made by on the next succeeding Business Day unless that next succeeding in the same calendar month (if there is one) or the preceding Business Day falls in a different calendar month, in which case that payment shall be made by the Business Day immediately preceding the day by which such payment (if there is due to be madenot).

Appears in 1 contract

Samples: Loan Agreement (China Education Investment Holding)

Business Day Adjustment. If Where the day on or by which a payment is due to be made or an event due to occur is not a Business Day, that payment shall be made and that event shall occur on or by the next succeeding Business Day Day, unless that next succeeding Business Day falls in a different calendar month, in which case that payment shall be made or that event shall occur on or by the Business Day immediately preceding the day by which such payment is due to be madeBusiness Day.

Appears in 1 contract

Samples: www.chapelhilldenham.com

Business Day Adjustment. If the day by which a payment is due to be made is not a Business Day, that payment shall be made by the next succeeding Business Day unless that next succeeding Business Day falls in a different calendar month, in which case that payment shall be made by the Business Day immediately preceding the day by which such payment is due to be made. Any such extension or reduction of time will not be taken into account in the computation of interest.

Appears in 1 contract

Samples: Facility Agreement (Arena Pharmaceuticals Inc)

Business Day Adjustment. If When the day on or by which a payment is due to be made is not a Business Day, that payment shall be made on or by the next succeeding Business Day unless that next succeeding Business Day falls in a different calendar month, in which case that payment shall be made by the Business Day immediately preceding the day by which such payment is due to be made.succeeding

Appears in 1 contract

Samples: Loan Agreement (Glamis Gold LTD)

Business Day Adjustment. If the day by which a payment or performance of any covenant, duty or obligation is due to be made is not a Business Day, that payment or performance shall be made by the next succeeding Business Day unless unless, in the case of any such payment, that next succeeding Business Day falls in a different calendar month, in which case that payment shall be made by the Business Day immediately preceding the day by which such payment is due to be made.

Appears in 1 contract

Samples: Facility Agreement (Tengion Inc)

Business Day Adjustment. If the day by which a payment is due to be made is not a Business Day, that payment shall be made by the next succeeding Business Day unless that next succeeding Business Day falls Day. Any such extension or reduction of time will not be taken into account in a different calendar month, in which case that payment shall be made by the Business Day immediately preceding the day by which such payment is due to be madecomputation of interest.

Appears in 1 contract

Samples: Note Purchase Agreement (Exelixis Inc)

Business Day Adjustment. If Where the day on or by which a payment is due to be made is not a Business Day, that payment shall be made done on or by the next succeeding Business Day unless that next succeeding Business Day falls in a different calendar month, in which case that payment shall be made by the Business Day immediately preceding the day by which such payment is due to be madebusiness Day.

Appears in 1 contract

Samples: Credit Agreement (Environmental Safeguards Inc/Tx)

Business Day Adjustment. If When the day on or by which a payment is due to be made is not a Business Day, that payment shall be made on or by (a) the next succeeding Business Day unless in that calendar month (if there is one) or (b) the preceding Business Day (if there is not); provided that, in the case of payments made pursuant to clause (a), interest, fees and charges (if any) shall continue to accrue for the period from the due date that is not a Business Day to that next succeeding Business Day falls in a different calendar month, in which case that payment shall be made by the Business Day immediately preceding the day by which such payment is due to be made.Day.  

Appears in 1 contract

Samples: Supplemental Agreement (Vaalco Energy Inc /De/)

Business Day Adjustment. If Where the day by which a payment is due to be made is not a Business Day, that payment shall be made by the next succeeding Business Day unless that next succeeding Business Day falls in a different calendar month, in which case that payment shall be made by the Business Day immediately preceding the day by which such payment is due to be madeDay.

Appears in 1 contract

Samples: Loan Agreement (Nephros Inc)

Business Day Adjustment. If Where the day on or by which a payment is due to be made is not a Business Day, that payment shall be made on or by the next succeeding Business Day unless unless, in the case of payments of principal or interest, that next succeeding Business Day falls in a different calendar month, in which case that payment shall be made by on the immediately preceding Business Day. Interest, fees and charges (if any) shall continue to accrue for the period from the due date which is not a Business Day immediately preceding the day by which such payment is due to be madethat next succeeding Business Day.

Appears in 1 contract

Samples: Investment Agreement (Dvi Inc)

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