Crediting Payments. The receipt of any payment item by Agent shall not be required to be considered a payment on account unless such payment item is a wire transfer of immediately available federal funds made to Agent’s Account or unless and until such payment item is honored when presented for payment. Should any payment item not be honored when presented for payment, then Borrowers shall be deemed not to have made such payment and interest shall be calculated accordingly. Anything to the contrary contained herein notwithstanding, any payment item shall be deemed received by Agent only if it is received into Agent’s Account on a Business Day on or before 1:30 p.m. If any payment item is received into Agent’s Account on a non-Business Day or after 1:30 p.m. on a Business Day (unless Agent, in its sole discretion, elects to credit it on the date received), it shall be deemed to have been received by Agent as of the opening of business on the immediately following Business Day.
Appears in 32 contracts
Samples: Credit Agreement (Pernix Therapeutics Holdings, Inc.), Credit Agreement (K Swiss Inc), Credit Agreement (Nevada Gold & Casinos Inc)
Crediting Payments. The receipt of any payment item by Agent shall not be required to be considered a payment on account unless such payment item is a wire transfer of immediately available federal funds made to Agent’s Account or unless and until such payment item is honored when presented for payment. Should any payment item not be honored when presented for payment, then Borrowers shall be deemed not to have made such payment and interest shall be calculated accordinglypayment. Anything to the contrary contained herein notwithstanding, any payment item shall be deemed received by Agent only if it is received into Agent’s Account on a Business Day on or before 1:30 p.m. If any payment item is received into Agent’s Account on a non-Business Day or after 1:30 p.m. on a Business Day (unless Agent, in its sole discretion, elects to credit it on the date received), it shall be deemed to have been received by Agent as of the opening of business on the immediately following Business Day.
Appears in 29 contracts
Samples: Based Revolving Credit Agreement (Par Pacific Holdings, Inc.), Credit Agreement (Liberty Oilfield Services Inc.), Credit Agreement (Pandora Media, Inc.)
Crediting Payments. The receipt of any payment item by Agent shall not be required to be considered a payment on account unless such payment item is a wire transfer of immediately available federal funds made to Agent’s Account or unless and until such payment item is honored when presented for payment. Should any payment item not be honored when presented for payment, then Borrowers Borrower shall be deemed not to have made such payment and interest shall be calculated accordingly. Anything to the contrary contained herein notwithstanding, any payment item shall be deemed received by Agent only if it is received into Agent’s Account on a Business Day on or before 1:30 p.m. If any payment item is received into Agent’s Account on a non-Business Day or after 1:30 p.m. on a Business Day (unless Agent, in its sole discretion, elects to credit it on the date received), it shall be deemed to have been received by Agent as of the opening of business on the immediately following Business Day.
Appears in 24 contracts
Samples: Credit Agreement (Nuverra Environmental Solutions, Inc.), Credit Agreement (Medical Action Industries Inc), Credit Agreement (Asure Software Inc)
Crediting Payments. The receipt of any payment item by Agent shall not be required to be considered a payment on account unless such payment item is a wire transfer of immediately available federal funds made to Agent’s Account or unless and until such payment item is honored when presented for payment. Should any payment item not be honored when presented for payment, then Borrowers Borrower shall be deemed not to have made such payment and interest shall be calculated accordingly. Anything to the contrary contained herein notwithstanding, any payment item shall be deemed received by Agent only if it is received into Agent’s Account on a Business Day on or before 1:30 p.m. 11:00 a.m. (California time). If any payment item is received into Agent’s Account on a non-Business Day or after 1:30 p.m. 11:00 a.m. (California time) on a Business Day (unless Agent, in its sole discretion, elects to credit it on the date received)Day, it shall be deemed to have been received by Agent as of the opening of business on the immediately following Business Day.
Appears in 17 contracts
Samples: Credit Agreement (Jda Software Group Inc), Credit Agreement (Oclaro, Inc.), Credit Agreement (Daegis Inc.)
Crediting Payments. The receipt of any payment item by Agent shall not be required to be considered a payment on account unless such payment item is a wire transfer of immediately available federal funds made to the Agent’s Account or unless and until such payment item is honored when presented for payment. Should any payment item not be honored when presented for payment, then Borrowers Borrower shall be deemed not to have made such payment and interest shall be calculated accordingly. Anything to the contrary contained herein notwithstanding, any payment item shall be deemed received by Agent only if it is received into the Agent’s Account on a Business Day on or before 1:30 p.m. 11:00 a.m. (California time). If any payment item is received into the Agent’s Account on a non-Business Day or after 1:30 p.m. 11:00 a.m. (California time) on a Business Day (unless Agent, in its sole discretion, elects to credit it on the date received)Day, it shall be deemed to have been received by Agent as of the opening of business on the immediately following Business Day.
Appears in 12 contracts
Samples: Registration Rights Agreement (Bakers Footwear Group Inc), Credit Agreement (Jamba, Inc.), Credit Agreement (Omniture, Inc.)
Crediting Payments. The receipt of any payment item by Agent shall not be required to be considered a payment on account unless such payment item is a wire transfer of immediately available federal funds made to Agent’s 's Account or unless and until such payment item is honored when presented for payment. Should any payment item not be honored when presented for payment, then Borrowers Borrower shall be deemed not to have made such payment and interest shall be calculated accordingly. Anything to the contrary contained herein notwithstanding, any payment item shall be deemed received by Agent only if it is received into Agent’s 's Account on a Business Day on or before 1:30 p.m. If any payment item is received into Agent’s 's Account on a non-Business Day or after 1:30 p.m. on a Business Day (unless Agent, in its sole discretion, elects to credit it on the date received), it shall be deemed to have been received by Agent as of the opening of business on the immediately following Business Day.
Appears in 9 contracts
Samples: Credit Agreement (Streamline Health Solutions Inc.), Credit Agreement (Essex Rental Corp.), Credit Agreement (Titan Machinery Inc.)
Crediting Payments. The receipt of any payment item by Agent shall not be required to be considered a payment on account unless such payment item is a wire transfer of immediately available federal funds made to the Agent’s Account or unless and until such payment item is honored when presented for payment. Should any payment item not be honored when presented for payment, then Borrowers shall be deemed not to have made such payment and interest shall be calculated accordingly. Anything to the contrary contained herein notwithstanding, any payment item shall be deemed received by Agent only if it is received into the Agent’s Account on a Business Day on or before 1:30 p.m. If any payment item is received into the Agent’s Account on a non-Business Day or after 1:30 p.m. on a Business Day (unless Agent, in its sole discretion, elects to credit it on the date received), it shall be deemed to have been received by Agent as of the opening of business on the immediately following Business Day.
Appears in 8 contracts
Samples: Credit Agreement (Cleveland-Cliffs Inc.), Revolving Credit Agreement (Cleveland-Cliffs Inc.), Revolving Credit Agreement (Cleveland-Cliffs Inc.)
Crediting Payments. The receipt of any payment item by Agent shall not be required to be considered a payment on account unless such payment item is a wire transfer of immediately available federal funds made to Agent’s 's Account or unless and until such payment item is honored when presented for payment. Should any payment item not be honored when presented for payment, then Borrowers shall be deemed not to have made such payment and interest shall be calculated accordinglypayment. Anything to the contrary contained herein notwithstanding, any payment item shall be deemed received by Agent only if it is received into Agent’s 's Account on a Business Day on or before 1:30 p.m. If any payment item is received into Agent’s 's Account on a non-Business Day or after 1:30 p.m. on a Business Day (unless Agent, in its sole discretion, elects to credit it on the date received), it shall be deemed to have been received by Agent as of the opening of business on the immediately following Business Day.
Appears in 7 contracts
Samples: Credit Agreement (Liberty Energy Inc.), Credit Agreement (GoPro, Inc.), Credit Agreement (GoPro, Inc.)
Crediting Payments. The receipt of any payment item by Agent shall not be required to be considered a payment on account unless such payment item is a wire transfer of immediately available federal funds made to Agent’s Account or unless and until such payment item is honored when presented for payment. Should any payment item not be honored when presented for payment, then Borrowers shall be deemed not to have made such payment and interest shall be calculated accordingly. Anything to the contrary contained herein notwithstanding, any payment item shall be deemed received by Agent only if it is received into Agent’s Account on a Business Day on or before 1:30 3:30 p.m. If any payment item is received into Agent’s Account on a non-Business Day or after 1:30 3:30 p.m. on a Business Day (unless Agent, in its sole discretion, elects to credit it on the date received), it shall be deemed to have been received by Agent as of the opening of business on the immediately following Business Day.
Appears in 7 contracts
Samples: Credit Agreement (Power Solutions International, Inc.), Credit Agreement (General Finance CORP), Credit Agreement (Power Solutions International, Inc.)
Crediting Payments. (a) The receipt of any payment item by Agent shall not be required to be considered a payment on account unless such payment item is a wire transfer of immediately available federal funds made to Agent’s Account or unless and until such payment item is honored when presented for payment. Should any payment item not be honored when presented for payment, then Borrowers shall be deemed not to have made such payment and interest shall be calculated accordingly. Anything to the contrary contained herein notwithstanding, any payment item shall be deemed received by Agent only if it is received into Agent’s Account on a Business Day on or before 1:30 1:00 p.m. (Chicago time). If any payment item is received into Agent’s Account on a non-Business Day or after 1:30 1:00 p.m. (Chicago time) on a Business Day (unless Agent, in its sole discretion, elects to credit it on the date received)Day, it shall be deemed to have been received by Agent as of the opening of business on the immediately following Business Day.
Appears in 6 contracts
Samples: Credit Agreement (BOISE CASCADE Co), Credit Agreement (BOISE CASCADE Co), Credit Agreement (BOISE CASCADE Co)
Crediting Payments. The receipt of any payment item by Agent shall not be required to be considered a payment on account unless such payment item is a wire transfer of immediately available federal funds made to Agent’s Account or unless and until such payment item is honored when presented for payment. Should any payment item not be honored when presented for payment, then Borrowers shall be deemed not to have made such payment and interest shall be calculated accordingly. Anything to the contrary contained herein notwithstanding, any payment item shall be deemed received by Agent only if it is received into Agent’s Account on a Business Day on or before 1:30 4:30 p.m. If any payment item is received into Agent’s Account on a non-Business Day or after 1:30 4:30 p.m. on a Business Day (unless Agent, in its sole discretion, elects to credit it on the date received), it shall be deemed to have been received by Agent as of the opening of business on the immediately following Business Day.
Appears in 5 contracts
Samples: Credit Agreement (Unifi Inc), Credit Agreement (Unifi Inc), Credit Agreement (Unifi Inc)
Crediting Payments. The receipt of any payment item by Agent shall not be required to be considered a payment on account unless such payment item is a wire transfer of immediately available federal funds made to Agent’s 's Account or unless and until such payment item is honored when presented for payment. Should any payment item not be honored when presented for payment, then Borrowers shall be deemed not to have made such payment and interest shall be calculated accordingly. Anything to the contrary contained herein notwithstanding, any payment item shall be deemed received by Agent only if it is received into Agent’s 's Account on a Business Day on or before 1:30 2:00 p.m. If any payment item is received into Agent’s 's Account on a non-Business Day or after 1:30 2:00 p.m. on a Business Day (unless Agent, in its sole discretion, elects to credit it on the date received), it shall be deemed to have been received by Agent as of the opening of business on the immediately following Business Day.
Appears in 5 contracts
Samples: Credit Agreement (MGP Ingredients Inc), Credit Agreement (MGP Ingredients Inc), Credit Agreement (MGP Ingredients Inc)
Crediting Payments. The receipt of any payment item by Agent shall not be required to be considered a payment on account unless such payment item is a wire transfer of immediately available federal funds made to the Agent’s 's Account or unless and until such payment item is honored when presented for payment. Should any payment item not be honored when presented for payment, then Borrowers shall be deemed not to have made such payment and interest shall be calculated accordingly. Anything to the contrary contained herein notwithstanding, any payment item shall be deemed received by Agent only if it is received into the Agent’s 's Account on a Business Day on or before 1:30 p.m. 11:00 a.m. (California time). If any payment item is received into the Agent’s 's Account on a non-Business Day or after 1:30 p.m. 11:00 a.m. (California time) on a Business Day (unless Agent, in its sole discretion, elects to credit it on the date received)Day, it shall be deemed to have been received by Agent as of the opening of business on the immediately following Business Day.
Appears in 5 contracts
Samples: Loan and Security Agreement (Riviera Holdings Corp), Loan and Security Agreement (Old Evangeline Downs LLC), Loan and Security Agreement (Majestic Star Casino LLC)
Crediting Payments. The receipt of any payment item by Agent shall not be required to be considered a payment on account unless such payment item is a wire transfer of immediately available federal funds made to Agent’s Account or unless and until such payment item is honored when presented for payment. Should any payment item not be honored when presented for payment, then Borrowers shall be deemed not to have made such payment and interest shall be calculated accordinglypayment. Anything to the contrary contained herein notwithstanding, any payment item shall be deemed received by Agent only if it is received into Agent’s Account on a Business Day on or before 1:30 4:30 p.m. If any payment item is received into Agent’s Account on a non-Business Day or after 1:30 4:30 p.m. on a Business Day (unless Agent, in its sole discretion, elects to credit it on the date received), it shall be deemed to have been received by Agent as of the opening of business on the immediately following Business Day.
Appears in 5 contracts
Samples: Credit Agreement (Hudson Technologies Inc /Ny), Credit Agreement (BlueLinx Holdings Inc.), Credit Agreement (Falcon Capital Acquisition Corp.)
Crediting Payments. The receipt of any payment item by Agent shall not be required to be considered a payment on account unless such payment item is a wire transfer of immediately available federal funds made to Agent’s Account or unless and until such payment item is honored when presented for payment. Should any payment item not be honored when presented for payment, then Borrowers shall be deemed not to have made such payment and interest shall be calculated accordinglypayment. Anything to the contrary contained herein notwithstanding, any payment item shall be deemed received by Agent only if it is received into Agent’s Account on a Business Day on or before 1:30 3:30 p.m. If any payment item is received into Agent’s Account on a non-Business Day or after 1:30 3:30 p.m. on a Business Day (unless Agent, in its sole discretion, elects to credit it on the date received), it shall be deemed to have been received by Agent as of the opening of business on the immediately following Business Day.
Appears in 5 contracts
Samples: Credit Agreement (CMI Acquisition, LLC), Credit Agreement (Pioneer Energy Services Corp), Credit Agreement (Oil States International, Inc)
Crediting Payments. The receipt of any payment item by Agent shall not be required to be considered a payment on account unless such payment item is a wire transfer of immediately available federal funds made to Agent’s Account or unless and until such payment item is honored when presented for payment. Should any payment item not be honored when presented for payment, then Borrowers shall be deemed not to have made such payment and interest shall be calculated accordingly. Anything to the contrary contained herein notwithstanding, any payment item shall be deemed received by Agent only if it is received into Agent’s Account on a Business Day on or before 1:30 2:00 p.m. (Georgia time). If any payment item is received into Agent’s Account on a non-Business Day or after 1:30 2:00 p.m. (Georgia time) on a Business Day (unless Agent, in its sole discretion, elects to credit it on the date received)Day, it shall be deemed to have been received by Agent as of the opening of business on the immediately following Business Day.
Appears in 4 contracts
Samples: Credit Agreement (Angiotech Pharmaceuticals Inc), Credit Agreement (Dixie Group Inc), Credit Agreement (Dixie Group Inc)
Crediting Payments. The receipt of any payment item by Agent shall not be required to be considered a payment on account unless such payment item is a wire transfer of immediately available federal funds made to Agent’s Account or unless and until such payment item is honored when presented for payment. Should any payment item not be honored when presented for payment, then Borrowers shall be deemed not to have made such payment and interest shall be calculated accordingly. Anything to the contrary contained herein notwithstanding, any payment item shall be deemed received by Agent only if it is received into Agent’s Account on a Business Day on or before 1:30 1:00 p.m. (Chicago time). If any payment item is received into Agent’s Account on a non-Business Day or after 1:30 1:00 p.m. (Chicago time) on a Business Day (unless Agent, in its sole discretion, elects to credit it on the date received)Day, it shall be deemed to have been received by Agent as of the opening of business on the immediately following Business Day.
Appears in 4 contracts
Samples: Term Loan Agreement (BOISE CASCADE Co), Credit Agreement (Renewable Energy Group, Inc.), Credit Agreement (Renewable Energy Group, Inc.)
Crediting Payments. (a) The receipt of any payment item by Agent shall not be required to be considered a payment on account unless such payment item is a wire transfer of immediately available federal funds made to the Agent’s Account or unless and until such payment item is honored when presented for payment. Should any payment item not be honored when presented for payment, then Borrowers Borrower shall be deemed not to have made such payment and interest shall be calculated accordingly. Anything to the contrary contained herein notwithstanding, any payment item shall be deemed received by Agent only if it is received into the Agent’s Account on a Business Day on or before 1:30 p.m. 11:00 a.m. (California time). If any payment item is received into the Agent’s Account on a non-Business Day or after 1:30 p.m. 11:00 a.m. (California time) on a Business Day (unless Agent, in its sole discretion, elects to credit it on the date received)Day, it shall be deemed to have been received by Agent as of the opening of business on the immediately following Business Day.
Appears in 4 contracts
Samples: Credit Agreement (Landrys Restaurants Inc), Credit Agreement (Actuate Corp), Credit Agreement (Landrys Restaurants Inc)
Crediting Payments. The receipt of any payment item by Agent shall not be required to be considered a payment on account unless such payment item is a wire transfer of immediately available federal funds made to the Agent’s 's Account or unless and until such payment item is honored when presented for payment. Should any payment item not be honored when presented for payment, then Borrowers Borrower shall be deemed not to have made such payment and interest shall be calculated accordingly. Anything to the contrary contained herein notwithstanding, any payment item shall be deemed received by Agent only if it is received into the Agent’s 's Account on a Business Day on or before 1:30 p.m. 11:00 a.m. (California time). If any payment item is received into the Agent’s 's Account on a non-Business Day or after 1:30 p.m. 11:00 a.m. (California time) on a Business Day (unless Agent, in its sole discretion, elects to credit it on the date received)Day, it shall be deemed to have been received by Agent as of the opening of business on the immediately following Business Day.
Appears in 4 contracts
Samples: Registration Rights Agreement (Bakers Footwear Group Inc), Loan and Security Agreement (Penton Media Inc), Credit Agreement (Perkins & Marie Callender's Inc)
Crediting Payments. The receipt of any payment item by Agent shall not be required to be considered a payment on account unless such payment item is a wire transfer of immediately available federal funds made to Agent’s Account or unless and until such payment item is honored when presented for payment. Should any payment item not be honored when presented for payment, then Borrowers shall be deemed not to have made such payment and interest shall be calculated accordingly. Anything to the contrary contained herein notwithstanding, any payment item shall be deemed received by Agent only if it is received into Agent’s Account on a Business Day on or before 1:30 p.m. 11:00 a.m. (California time). If any payment item is received into Agent’s Account on a non-Business Day or after 1:30 p.m. 11:00 a.m. (California time) on a Business Day (unless Agent, in its sole discretion, elects to credit it on the date received)Day, it shall be deemed to have been received by Agent as of the opening of business on the immediately following Business Day.
Appears in 4 contracts
Samples: Credit Agreement (Finisar Corp), Credit Agreement (Finisar Corp), Credit Agreement (Silicon Graphics International Corp)
Crediting Payments. The receipt of any payment item by Agent shall not be required to be considered a payment on account unless such payment item is a wire transfer of immediately available federal funds made to Agent’s 's Account or unless and until such payment item is honored when presented for payment. Should any payment item not be honored when presented for payment, then Borrowers shall be deemed not to have made such payment and interest shall be calculated accordingly. Anything to the contrary contained herein notwithstanding, any payment item shall be deemed received by Agent only if it is received into Agent’s 's Account on a Business Day on or before 1:30 p.m. If any payment item is received into Agent’s 's Account on a non-Business Day or after 1:30 p.m. on a Business Day (unless Agent, in its sole discretion, elects to credit it on the date received), it shall be deemed to have been received by Agent as of the opening of business on the immediately following Business Day.
Appears in 4 contracts
Samples: Credit Agreement (School Specialty Inc), Credit Agreement (Chiquita Brands International Inc), Possession Credit Agreement (Ciber Inc)
Crediting Payments. The receipt of any payment item by Agent shall not be required to be considered a payment on account unless such payment item is a wire transfer of immediately available federal funds made to Agent’s 's Account or unless and until such payment item is honored when presented for payment. Should any payment item not be honored when presented for payment, then Borrowers shall be deemed not to have made such payment and interest shall be calculated accordinglypayment. Anything to the contrary contained herein notwithstanding, any payment item shall be deemed received by Agent only if it is received into Agent’s 's Account on a Business Day on or before 1:30 3:30 p.m. If any payment item is received into Agent’s 's Account on a non-Business Day or after 1:30 3:30 p.m. on a Business Day (unless Agent, in its sole discretion, elects to credit it on the date received), it shall be deemed to have been received by Agent as of the opening of business on the immediately following Business Day.
Appears in 3 contracts
Samples: Credit Agreement (Renewable Energy Group, Inc.), Credit Agreement (Weatherford International PLC), Credit Agreement (Pioneer Energy Services Corp)
Crediting Payments. The receipt of any payment item by Agent shall not be required to be considered a payment on account unless such payment item is a wire transfer of immediately available federal funds made to Agent’s Account or unless and until such payment item is honored when presented for payment. Should any payment item not be honored when presented for payment, then Borrowers shall be deemed not to have made such payment and interest shall be calculated accordinglypayment. Anything to the contrary contained herein notwithstanding, any payment item shall be deemed received by Agent only if it is received into Agent’s Account on a Business Day on or before 1:30 3:30 p.m. If any payment item is received into Agent’s Account on a non-Business Day or after 1:30 3:30 p.m. on a Business Day (unless Agent, in its sole discretion, elects to credit it on the date received), it shall be deemed to have been received by Agent as of the opening of business on the immediately following Business Day.. 2.8
Appears in 3 contracts
Samples: Credit Agreement and Loan Documents (Nautilus, Inc.), Credit Agreement (Nautilus, Inc.), Credit Agreement (Nautilus, Inc.)
Crediting Payments. The receipt of any payment item by Agent shall not be required to be considered a payment on account unless such payment item is a wire transfer of immediately available federal funds made to the Agent’s Account or unless and until such payment item is honored when presented for payment. Should any payment item not be honored when presented for payment, then Borrowers Borrower shall be deemed not to have made such payment and interest shall be calculated accordinglypayment. Anything to the contrary contained herein notwithstanding, any payment item shall be deemed received by Agent only if it is received into the Agent’s Account on a Business Day on or before 1:30 4:30 p.m. If any payment item is received into the Agent’s Account on a non-Business Day or after 1:30 4:30 p.m. on a Business Day (unless Agent, in its sole discretion, elects to credit it on the date received), it shall be deemed to have been received by Agent as of the opening of business on the immediately following Business Day.
Appears in 3 contracts
Samples: Credit Agreement (Sanfilippo John B & Son Inc), Credit Agreement (Sanfilippo John B & Son Inc), Credit Agreement (Sanfilippo John B & Son Inc)
Crediting Payments. The receipt of any payment item by Agent shall not be required to be considered a payment on account unless such payment item is a wire transfer of immediately available federal funds made to Agent’s Account or unless and until such payment item is honored when presented for payment. Should any payment item not be honored when presented for payment, then Borrowers Borrower shall be deemed not to have made such payment and interest shall be calculated accordingly. Anything to the contrary contained herein notwithstanding, any payment item shall be deemed received by Agent only if it is received into Agent’s Account on a Business Day on or before 1:30 3:00 p.m. If any payment item is received into Agent’s Account on a non-Business Day or after 1:30 3:00 p.m. on a Business Day (unless Agent, in its sole discretion, elects to credit it on the date received), it shall be deemed to have been received by Agent as of the opening of business on the immediately following Business Day.
Appears in 3 contracts
Samples: Credit Agreement (PointClickCare Corp.), Credit Agreement (PointClickCare Corp.), Credit Agreement (PointClickCare Corp.)
Crediting Payments. The receipt of any payment item by Agent shall not be required to be considered a payment on account unless such payment item is a wire transfer of immediately available federal funds made to Agent’s Account or unless and until such payment item is honored when presented for payment. Should any payment item not be honored when presented for payment, then Borrowers Borrower shall be deemed not to have made such payment and interest shall be calculated accordingly. Anything to the contrary contained herein notwithstanding, any payment item shall be deemed received by Agent only if it is received into Agent’s Account on a Business Day on or before 1:30 p.m. If any payment item is received into Agent’s Account on a non-Business Day or after 1:30 p.m. on a Business Day (unless Agent, in its sole discretion, elects to credit it on the date received), it shall be deemed to have been received by Agent as of the opening of business on the immediately following Business Day. Available amounts in a Deposit Account subject to a control agreement shall be given credit for purposes of calculating interest two (2) Business Days after such collections are received by Agent.
Appears in 3 contracts
Samples: First Lien Credit Agreement (Nuverra Environmental Solutions, Inc.), Credit Agreement (Nuverra Environmental Solutions, Inc.), Credit Agreement (Nuverra Environmental Solutions, Inc.)
Crediting Payments. The receipt of any payment item by Agent shall not be required to be considered a payment on account unless such payment item is a wire transfer of immediately available federal funds made to Agent’s 's Account or unless and until such payment item is honored when presented for payment. Should any payment item not be honored when presented for payment, then Borrowers shall be deemed not to have made such payment and interest shall be calculated accordinglypayment. Anything to the contrary contained herein notwithstanding, any payment item shall be deemed received by Agent only if it is received into Agent’s 's Account on a Business Day on or before 1:30 2:30 p.m. If any payment item is received into Agent’s 's Account on a non-Business Day or after 1:30 2:30 p.m. on a Business Day (unless Agent, in its sole discretion, elects to credit it on the date received), it shall be deemed to have been received by Agent as of the opening of business on the immediately following Business Day.
Appears in 3 contracts
Samples: Credit Agreement (Farmer Brothers Co), Credit Agreement (Farmer Brothers Co), Credit Agreement (Farmer Brothers Co)
Crediting Payments. The receipt of any payment item by Agent shall not be required to be considered a payment on account unless such payment item is a wire transfer of immediately available federal funds made to Agent’s 's Account or unless and until such payment item is honored when presented for payment. Should any payment item not be honored when presented for payment, then Borrowers Borrower shall be deemed not to have made such payment and interest shall be calculated accordingly. Anything to the contrary contained herein notwithstanding, any payment item shall be deemed received by Agent only if it is received into Agent’s 's Account on a Business Day on or before 1:30 p.m. 11:00 a.m. (California time). If any payment item is received into Agent’s 's Account on a non-Business Day or after 1:30 p.m. 11:00 a.m. (California time) on a Business Day (unless Agent, in its sole discretion, elects to credit it on the date received)Day, it shall be deemed to have been received by Agent as of the opening of business on the immediately following Business Day.
Appears in 2 contracts
Samples: Credit Agreement (THQ Inc), Credit Agreement (Realpage Inc)
Crediting Payments. The receipt of any payment item by Agent shall not be required to be considered a payment on account unless such payment item is a wire transfer of immediately available federal funds made to the Agent’s Account or unless and until such payment item is honored when presented for payment. Should any payment item not be honored when presented for payment, then Borrowers shall be deemed not to have made such payment and interest shall be calculated accordingly. Anything to the contrary contained herein notwithstanding, any payment item shall be deemed received by Agent only if it is received into the Agent’s Account on a Business Day on or before 1:30 p.m. 11:00 a.m. (California time). If any payment item is received into the Agent’s Account on a non-Business Day or after 1:30 p.m. 11:00 a.m. (California time) on a Business Day (unless Agent, in its sole discretion, elects to credit it on the date received)Day, it shall be deemed to have been received by Agent as of the opening of business on the immediately following Business Day.
Appears in 2 contracts
Samples: Loan and Security Agreement (Majestic Holdco, LLC), Loan and Security Agreement (Peninsula Gaming, LLC)
Crediting Payments. The receipt of any payment item by Agent shall not be required to be considered a payment on account unless such payment item is a wire transfer of immediately available federal funds made to Agent’s Account or unless and until such payment item is honored when presented for payment. Should any payment item not be honored when presented for payment, then Borrowers Borrower shall be deemed not to have made such payment and interest shall be calculated accordingly. Anything to the contrary contained herein notwithstanding, any payment item shall be deemed received by Agent only if it is received into Agent’s Account on a Business Day on or before 1:30 1:00 p.m. If any payment item is received into Agent’s Account on a non-Business Day or after 1:30 1:00 p.m. on a Business Day (unless Agent, in its sole discretionat the written direction of the Required Lenders, elects to credit it on the date received), it shall be deemed to have been received by Agent as of the opening of business on the immediately following Business Day.
Appears in 2 contracts
Samples: Possession Credit Agreement (Erickson Inc.), Credit Agreement
Crediting Payments. The receipt of any payment item by Agent shall not be required to be considered a payment on account unless such payment item is a wire transfer of immediately available federal funds made to Agent’s Account or unless and until such payment item is honored when presented for payment. Should any payment item not be honored when presented for payment, then Borrowers shall be deemed not to have made such payment and interest shall be calculated accordingly. Anything to the contrary contained herein notwithstanding, any payment item shall be deemed received by Agent only if it is received into Agent’s Account on a Business Day on or before 1:30 4:30 p.m. If any payment item is received into Agent’s Account on a non-Business Day or after 1:30 4:30 p.m. on a Business Day (unless Agent, in its sole discretion, elects to credit it on the date received), it shall be deemed to have been received by Agent as of the opening of business on the immediately following Business Day.
Appears in 2 contracts
Samples: Credit Agreement (CPI Card Group Inc.), Credit Agreement (Unifi Inc)
Crediting Payments. The receipt of any payment item by Agent shall not be required to be considered a payment on account unless such payment item is a wire transfer of immediately available federal funds made to the applicable Agent’s Account or unless and until such payment item is honored when presented for payment. Should any payment item not be honored when presented for payment, then Borrowers shall be deemed not to have made such payment and interest shall be calculated accordingly. Anything to the contrary contained herein notwithstanding, any payment item shall be deemed received by Agent only if it is received into the applicable Agent’s Account on a Business Day on or before 1:30 p.m. If any payment item is received into Agent’s Account on a non-Business Day or after 1:30 p.m. on a Business Day (unless Agent, in its sole discretion, elects to credit it on the date received)Day, it shall be deemed to have been received by Agent as of the opening of business on the immediately following Business DayDay (unless Agent, in its sole discretion, elects to credit it on the date received).
Appears in 2 contracts
Samples: Credit Agreement (Vector Group LTD), Credit Agreement (Vector Group LTD)
Crediting Payments. The receipt of any payment item by Agent shall not be required to be considered a payment on account unless such payment item is a wire transfer of immediately available federal funds made to Agent’s 's Account or unless and until such payment item is honored when presented for payment. Should any payment item not be honored when presented for payment, then Borrowers Borrower shall be deemed not to have made such payment and interest shall be calculated accordingly. Anything to the contrary contained herein notwithstanding, any payment item shall be deemed received by Agent only if it is received into Agent’s 's Account on a Business Day on or before 1:30 2:00 p.m. (Boston time). If any payment item is received into Agent’s 's Account on a non-Business Day or after 1:30 2:00 p.m. (Boston time) on a Business Day (unless Agent, in its sole discretion, elects to credit it on the date received)Day, it shall be deemed to have been received by Agent as of the opening of business on the immediately following Business Day.
Appears in 2 contracts
Samples: Credit Agreement (MDC Partners Inc), Credit Agreement (MDC Partners Inc)
Crediting Payments. The receipt of any payment item by Agent shall not be required to be considered a payment on account unless such payment item is a wire transfer of immediately available federal funds made to Agent’s Account or unless and until such payment item is honored when presented for payment. Should any payment item not be honored when presented for payment, then Borrowers Borrower shall be deemed not to have made such payment and interest shall be calculated accordingly. Anything to the contrary contained herein notwithstanding, any payment item shall be deemed received by Agent only if it is received into Agent’s Account on a Business Day on or before 1:30 2:00 p.m. (Massachusetts time). If any payment item is received into Agent’s Account on a non-Business Day or after 1:30 2:00 p.m. (Massachusetts time) on a Business Day (unless Agent, in its sole discretion, elects to credit it on the date received)Day, it shall be deemed to have been received by Agent as of the opening of business on the immediately following Business Day.
Appears in 2 contracts
Samples: Credit Agreement (Stanadyne Holdings, Inc.), Guarantied Credit Agreement (Stanadyne Holdings, Inc.)
Crediting Payments. The receipt of any payment item by Agent shall not be required to be considered a payment on account unless such payment item is a wire transfer of immediately available federal funds made to Agent’s Account or unless and until such payment item is honored when presented for payment. Should any payment item not be honored when presented for payment, then Borrowers shall be deemed not to have made such payment and interest shall be calculated accordingly. Anything to the contrary contained herein notwithstanding, any payment item shall be deemed received by Agent only if it is received into Agent’s Account on a Business Day on or before 1:30 2:00 p.m. If any payment item is received into Agent’s Account on a non-Business Day or after 1:30 2:00 p.m. on a Business Day (unless Agent, in its sole discretion, elects to credit it on the date received)Day, it shall be deemed to have been received by Agent as of the opening of business on the immediately following Business Day.
Appears in 2 contracts
Samples: Credit Agreement (Avid Technology, Inc.), Credit Agreement (Tronox Inc)
Crediting Payments. The receipt of any payment item by Agent shall not be required to be considered a payment on account unless such payment item is a wire transfer of immediately available federal funds made to Agent’s Account or unless and until such payment item is honored when presented for payment. Should any payment item not be honored when presented for payment, then Borrowers shall be deemed not to have made such payment and interest shall be calculated accordinglypayment. Anything to the contrary contained herein notwithstanding, any payment item shall be deemed received by Agent only if it is received into Agent’s Account on a Business Day on or before 1:30 1:00 p.m. If any payment item is received into Agent’s Account on a non-Business Day or after 1:30 1:00 p.m. on a Business Day (unless Agent, in its sole discretion, elects to credit it on the date received), it shall be deemed to have been received by Agent as of the opening of business on the immediately following Business Day.
Appears in 2 contracts
Samples: Credit Agreement (Tessco Technologies Inc), Credit Agreement (Tessco Technologies Inc)
Crediting Payments. The receipt of any payment item by Agent shall not be required to be considered a payment on account unless such payment item is a wire transfer of immediately available federal funds made to Agent’s Agent Payment Account or unless and until such payment item is honored when presented for payment. Should any payment item not be honored when presented for payment, then Borrowers shall be deemed not to have made such payment and interest shall be calculated accordinglypayment. Anything to the contrary contained herein notwithstanding, any payment item shall be deemed received by Agent only if it is received into Agent’s Agent Payment Account on a Business Day on or before 1:30 p.m. If any payment item is received into Agent’s Agent Payment Account on a non-Business Day or after 1:30 p.m. on a Business Day (unless Agent, in its sole discretion, elects to credit it on the date received), it shall be deemed to have been received by Agent as of the opening of business on the immediately following Business Day.
Appears in 2 contracts
Samples: Credit Agreement (CVR Energy Inc), Credit Agreement (CVR Partners, Lp)
Crediting Payments. The receipt of any payment item by Agent shall not be required to be considered a payment on account unless such payment item is a wire transfer of immediately available federal funds made to Agent’s Account or unless and until such payment item is honored when presented for payment. Should any payment item not be honored when presented for payment, then Borrowers shall be deemed not to have made such payment and interest shall be calculated accordinglypayment. Anything to the contrary contained herein notwithstanding, any payment item shall be deemed received by Agent only if it is received into Agent’s Account on a Business Day on or before 1:30 2:00 p.m. If any payment item is received into Agent’s Account on a non-Business Day or after 1:30 2:00 p.m. on a Business Day (unless Agent, in its sole discretion, elects to credit it on the date received), it shall be deemed to have been received by Agent as of the opening of business on the immediately following Business Day.
Appears in 2 contracts
Samples: Credit Agreement (Kaiser Aluminum Corp), Credit Agreement (H&E Equipment Services, Inc.)
Crediting Payments. The receipt of any payment item by Agent shall not be required to be considered a payment on account unless such payment item is a wire transfer of immediately available federal funds made to Agent’s Account or unless and until such payment item is honored when presented for payment. Should any payment item not be honored when presented for payment, then Borrowers Borrower shall be deemed not to have made such payment and interest shall be calculated accordingly. Anything to the contrary contained herein notwithstanding, any payment item shall be deemed received by Agent only if it is received into Agent’s Account on a Business Day on or before 1:30 2:00 p.m. If any payment item is received into Agent’s Account on a non-Business Day or after 1:30 2:00 p.m. on a Business Day (unless Agent, in its sole discretion, elects to credit it on the date received), it shall be deemed to have been received by Agent as of the opening of business on the immediately following Business Day.
Appears in 2 contracts
Samples: Credit Agreement (Upland Software, Inc.), Credit Agreement (Upland Software, Inc.)
Crediting Payments. The receipt of any payment item by Agent shall not be required to be considered a payment on account unless such payment item is a wire transfer of immediately available federal funds made to Agent’s 's Account or unless and until such payment item is honored when presented for payment. Should any payment item not be honored when presented for payment, then Borrowers shall be deemed not to have made such payment and interest shall be calculated accordingly. Anything to the contrary contained herein notwithstanding, any payment item shall be deemed received by Agent only if it is received into Agent’s 's Account on a Business Day on or before 1:30 1:00 p.m. (Chicago time). If any payment item is received into Agent’s 's Account on a non-Business Day or after 1:30 1:00 p.m. (Chicago time) on a Business Day (unless Agent, in its sole discretion, elects to credit it on the date received)Day, it shall be deemed to have been received by Agent as of the opening of business on the immediately following Business Day.
Appears in 2 contracts
Samples: Credit Agreement (Wabash National Corp /De), Credit Agreement (Wabash National Corp /De)
Crediting Payments. The receipt of any payment item by Agent shall not be required to be considered a payment on account unless such payment item is a wire transfer of immediately available federal funds made to Agent’s Account or unless and until such payment item is honored when presented for payment. Should any payment item not be honored when presented for payment, then Borrowers shall be deemed not to have made such payment and interest shall be calculated accordingly. Anything to the contrary contained herein notwithstanding, any payment item shall be deemed received by Agent only if it is received into Agent’s Account on a Business Day on or before 1:30 12:00 p.m. If any payment item is received into Agent’s Account on a non-Business Day or after 1:30 12:00 p.m. on a Business Day (unless Agent, in its sole discretion, elects to credit it on the date received), it shall be deemed to have been received by Agent as of the opening of business on the immediately following Business Day.
Appears in 2 contracts
Samples: Credit Agreement (Unifi Inc), Credit Agreement (Unifi Inc)
Crediting Payments. The receipt of any payment item by an Agent shall not be required to be considered a payment on account unless such payment item is a wire transfer of immediately available federal funds made to such Agent’s Account or unless and until such payment item is honored when presented for payment. Should any payment item of a Borrower not be honored when presented for payment, then Borrowers such Borrower shall be deemed not to have made such payment and interest shall be calculated accordingly. Anything to the contrary contained herein notwithstanding, any payment item shall be deemed received by an Agent only if it is received into such Agent’s Account on a Business Day on or before 1:30 p.m. 11:00 a.m. (California time). If any payment item is received into an Agent’s Account on a non-Business Day or after 1:30 p.m. 11:00 a.m. (California time) on a Business Day (unless Agent, in its sole discretion, elects to credit it on the date received)Day, it shall be deemed to have been received by such Agent as of the opening of business on the immediately following Business Day.
Appears in 2 contracts
Samples: Credit Agreement (American Reprographics CO), Credit Agreement (Arc Document Solutions, Inc.)
Crediting Payments. The receipt of any payment item by Agent shall not be required to be considered a payment on account unless such payment item is a wire transfer of immediately available federal funds made to Agent’s 's Account or unless and until such payment item is honored when presented for payment. Should any payment item not be honored when presented for payment, then Borrowers Borrower shall be deemed not to have made such payment and interest shall be calculated accordingly. Anything to the contrary contained herein notwithstanding, any payment item shall be deemed received by Agent only if it is received into Agent’s 's Account on a Business Day on or before 1:30 p.m. 11:00 a.m. (Calgary time). If any payment item is received into Agent’s 's Account on a non-Business Day or after 1:30 p.m. 11:00 a.m. (Calgary time) on a Business Day (unless Agent, in its sole discretion, elects to credit it on the date received)Day, it shall be deemed to have been received by Agent as of the opening of business on the immediately following Business Day.
Appears in 1 contract
Crediting Payments. The receipt of any payment item by Agent shall not be required to be considered a payment on account unless such payment item is a wire transfer of immediately available federal funds made to Agent’s Account or unless and until such payment item is honored when presented for payment. Should any payment item not be honored when presented for payment, then Borrowers shall be deemed not to have made such payment and interest shall be calculated accordinglypayment. Anything to the contrary contained herein notwithstanding, any payment item shall be deemed received by Agent only if it is received into Agent’s Account on a Business Day on or before 1:30 2:001:30 p.m. If any payment item is received into Agent’s Account on a non-Business Day or after 2:00 1:30 p.m. on a Business Day (unless Agent, in its sole discretion, elects to credit it on the date received), it shall be deemed to have been received by Agent as of the opening of business on the immediately following Business Day.
Appears in 1 contract
Crediting Payments. (a) The receipt of any payment item by an Agent shall not be required to be considered a payment on account unless such payment item is a wire transfer of immediately available federal funds made to the applicable Agent’s Account or unless and until such payment item is honored when presented for payment. Should any payment item not be honored when presented for payment, then Borrowers the applicable Borrower shall be deemed not to have made such payment and interest shall be calculated accordingly. Anything to the contrary contained herein notwithstanding, any payment item shall be deemed received by an Agent only if it is received into the applicable Agent’s Account on a Business Day on or before 1:30 p.m. 11.:00 am. (California time). If any payment item is received into an Agent’s Account on a non-Business Day or after 1:30 p.m. 11:00 a.m. (California time) on a Business Day (unless Agent, in its sole discretion, elects to credit it on the date received)Day, it shall be deemed to have been received by such Agent as of the opening of business on the immediately following Business Day.
Appears in 1 contract
Samples: Senior Revolving Credit Agreement (Bumble Bee Capital Corp.)
Crediting Payments. The receipt of any payment item by Agent shall not be required to be considered a payment on account unless such payment item is a wire transfer of immediately available federal funds made to Agent’s 's Account or unless and until such payment item is honored when presented for payment. Should any payment item not be honored when presented for payment, then Borrowers shall be deemed not to have made such payment and interest shall be calculated accordinglypayment. Anything to the contrary contained herein notwithstanding, any payment item shall be deemed received by Agent only if it is received into Agent’s 's Account on a Business Day on or before 1:30 3:30 p.m. If any payment item is received into Agent’s 's Account on a non-Business Day or after 1:30 3:30 p.m. on a Business Day (unless Agent, in its sole discretion, elects to credit it on the date received), it shall be deemed to have been received by Agent as of the opening of business on the immediately following Business Day. 2.8.
Appears in 1 contract
Crediting Payments. The receipt of any payment item by Agent shall not be required to be considered a payment on account unless such payment item is a wire transfer of immediately available federal funds made to Agent’s Account or unless and until such payment item is honored when presented for payment. Should any payment item not be honored when presented for payment, then Borrowers shall be deemed not to have made such payment and interest shall be calculated accordinglypayment. Anything to the contrary contained herein notwithstanding, any payment item shall be deemed received by Agent only if it is received into Agent’s Account on a Business Day on or before 1:30 p.m. If any payment item is received into Agent’s Account on a non-Business Day or after 1:30 p.m. on a Business Day (unless Agent, in its sole discretion, elects to credit it on the date received), it shall be deemed to have been received by Agent as of the opening of business on the immediately following Business Day.. 2.8
Appears in 1 contract
Samples: Credit Agreement (Neophotonics Corp)
Crediting Payments. The receipt of any payment item by Agent shall not be required to be considered a payment on account unless such payment item is a wire transfer of immediately available federal funds made to Agent’s Account or unless and until such payment item is honored when presented for payment. Should any payment item not be honored when presented for payment, then Borrowers Borrower shall be deemed not to have made such payment and interest shall be calculated accordingly. Anything to the contrary contained herein notwithstanding, any payment item shall be deemed received by Agent only if it is received into Agent’s Account on a Business Day on or before 1:30 p.m. 11:00 a.m. EST. If any payment item is received into Agent’s Account on a non-Business Day or after 1:30 p.m. 11:00 a.m. EST on a Business Day (unless Agent, in its sole discretion, elects to credit it on the date received), it shall be deemed to have been received by Agent as of the opening of business on the immediately following Business Day.
Appears in 1 contract
Crediting Payments. The receipt of any payment item by Agent shall not be required to be considered a payment on account unless such payment item is a wire transfer of immediately available federal funds made to Agent’s Account or unless and until such payment item is honored when presented for payment. Should any payment item not be honored when presented for payment, then Borrowers Borrower shall be deemed not to have made such payment and interest shall be calculated accordingly. Anything to the contrary contained herein notwithstanding, any payment item shall be deemed received by Agent only if it is received into Agent’s Account on a Business Day on or before 1:30 2:00 p.m. Eastern time. If any payment item is received into Agent’s Account on a non-Business Day or after 1:30 2:00 p.m. Eastern time on a Business Day (unless Agent, in its sole discretion, elects to credit it on the date received), it shall be deemed to have been received by Agent as of the opening of business on the immediately following Business Day.
Appears in 1 contract
Crediting Payments. The receipt of any payment item by Agent shall not be required to be considered a payment on account unless such payment item is a wire transfer of immediately available federal funds made to Agent’s Account or unless and until such payment item is honored when presented for payment. Should any payment item not be honored when presented for payment, then Borrowers Borrower shall be deemed not to have made such payment and interest shall be calculated accordingly. Anything to the contrary contained herein notwithstanding, any payment item shall be deemed received by Agent only if it is received into Agent’s Account on a Business Day on or before 1:30 p.m. If any payment item is received into Agent’s Account on a non-Business Day or after 1:30 p.m. on a Business Day (unless Agent, in its sole discretion, elects to credit it on the date received), it shall be deemed to have been received by Agent as of the opening of business on the immediately following Business Day.. 2.8
Appears in 1 contract
Crediting Payments. The receipt of any payment item by Agent shall not be required to be considered a payment on account unless such payment item is a wire transfer of immediately available federal funds made to Agent’s Account or unless and until such payment item is honored when presented for payment. Should any payment item not be honored when presented for payment, then Borrowers shall be deemed not to have made such payment and interest shall be calculated accordingly. Anything to the contrary contained herein notwithstanding, any payment item shall be deemed received by Agent only if it is received into Agent’s Account on a Business Day on or before 1:30 2:00 p.m. If any payment item is received into Agent’s Account on a non-Business Day or after 1:30 2:00 p.m. on a Business Day (unless Agent, in its sole discretion, elects to credit it on the date received), it shall be deemed to have been received by Agent as of the opening of business on the immediately following Business Day.
Appears in 1 contract
Samples: Credit Agreement (Usa Truck Inc)
Crediting Payments. The receipt of any payment item by Agent shall not be required to be considered a payment on account unless such payment item is a wire transfer of immediately available federal funds made to Agent’s Account or unless and until such payment item is honored when presented for payment. Should any payment item not be honored when presented for payment, then Borrowers shall be deemed not to have made such payment and interest shall be calculated accordingly. Anything to the contrary contained herein notwithstanding, any payment item shall be deemed received by Agent only if it is received into Agent’s Account on a Business Day on or before 1:30 3:30 p.m. If any payment item is received into Agent’s Account on a non-Business Day or after 1:30 3:30 p.m. on a Business Day (unless Agent, in its sole discretion, elects to credit it on the date received), it shall be deemed to have been received by Agent as of the opening of business on the immediately following Business Day.
Appears in 1 contract
Samples: Credit Agreement
Crediting Payments. The receipt of any payment item by Agent shall not be required to be considered a payment on account unless such payment item is a wire transfer of immediately available federal funds in Dollars made to Agent’s Account Account, or unless and until such payment item is honored when presented for payment. Should any payment item not be honored when presented for payment, then Borrowers Borrower shall be deemed not to have made such payment and interest shall be calculated accordingly. Anything to the contrary contained herein notwithstanding, any payment item shall be deemed received by Agent only if it is received into Agent’s Account Account, on a Business Day on or before 1:30 p.m. If any payment item is received into Agent’s Account Account, on a non-Business Day or after 1:30 p.m. on a Business Day (unless Agent, in its sole discretion, elects to credit it on the date received), it shall be deemed to have been received by Agent as of the opening of business on the immediately following Business Day.
Appears in 1 contract
Crediting Payments. The receipt of any payment item by Agent shall not be required to be considered a payment on account unless such payment item is a wire transfer of immediately available federal funds made to Agent’s Account or unless and until such payment item is honored when presented for payment. Should any payment item not be honored when presented for payment, then Borrowers Borrower shall be deemed not to have made such payment and interest shall be calculated accordingly. Anything to the contrary contained herein notwithstanding, any payment item shall be deemed received by Agent only if it is received into Agent’s Account on a Business Day on or before 1:30 2 p.m. If any payment item is received into Agent’s Account on a non-Business Day or after 1:30 2 p.m. on a Business Day (unless Agent, in its sole discretion, elects to credit it on the date received), it shall be deemed to have been received by Agent as of the opening of business on the immediately following Business Day.
Appears in 1 contract
Samples: Loan and Security Agreement (NewStar Financial, Inc.)
Crediting Payments. The receipt of any payment item by Agent shall not be required to be considered a payment on account unless such payment item is a wire transfer of immediately available federal funds made to Agent’s Account or unless and until such payment item is honored when presented for payment. Should any payment item not be honored when presented for payment, then Borrowers shall be deemed not to have made such payment and interest shall be calculated accordinglypayment. Anything to the contrary contained herein notwithstanding, any payment item shall be deemed received by Agent only if it is received into Agent’s Account on a Business Day on or before 1:30 4:30 p.m. If any payment item is received into Agent’s Account on a non-Business Day or after 1:30 4:30 p.m. on a Business Day (unless Agent, in its sole discretion, elects to credit it on the date received), it shall be deemed to have been received by Agent as of the opening of business on the immediately following Business Day.. 2.8
Appears in 1 contract
Samples: Assignment and Acceptance Agreement (Nautilus, Inc.)
Crediting Payments. The receipt of any payment item by Agent shall not be required to be considered a payment on account unless such payment item is a wire transfer of immediately available federal funds made to Agent’s Account or unless and until such payment item is honored when presented for payment. Should any payment item not be honored when presented for payment, then the Borrowers shall be deemed not to have made such payment and interest shall be calculated accordingly. Anything to the contrary contained herein notwithstanding, any payment item shall be deemed received by Agent only if it is received into Agent’s Account on a Business Day on or before 1:30 p.m. If any payment item is received into Agent’s Account on a non-Business Day or after 1:30 p.m. on a Business Day (unless Agent, in its sole discretion, elects to credit it on the date received), it shall be deemed to have been received by Agent as of the opening of business on the immediately following Business Day.
Appears in 1 contract
Crediting Payments. (a) The receipt of any payment item by Agent shall not be required to be considered a payment on account unless such payment item is a wire transfer of immediately available federal funds made to the Agent’s Account or unless and until such payment item is honored when presented for payment. Should any payment item not be honored when presented for payment, then Borrowers Borrower shall be deemed not to have made such payment and interest shall be calculated accordingly. Anything to the contrary contained herein notwithstanding, any payment item shall be deemed received by Agent only if it is received into the Agent’s Account on a Business Day on or before 1:30 p.m. 11:00 a.m. (California time). If any payment item is received into the Agent’s Account on a non-Business Day or after 1:30 p.m. 11:00 a.m. (California time) on a Business Day (unless Agent, in its sole discretion, elects to credit it on the date received)Day, it shall be deemed to have been received by Agent as of the opening of business on the immediately following Business Day.
Appears in 1 contract
Samples: Senior Term Loan Credit Agreement (Bumble Bee Capital Corp.)
Crediting Payments. The receipt of any payment item by Agent shall not be required to be considered a payment on account unless such payment item is a wire transfer of immediately available federal funds made to the Agent’s Account or unless and until such payment item is honored when presented for payment. Should any payment item not be honored when presented for payment, then Borrowers shall be deemed not to have made such payment and interest shall be calculated accordingly. Anything to the contrary contained herein notwithstanding, any payment item shall be deemed received by Agent only if it is received into the Agent’s Account on a Business Day on or before 1:30 2:00 p.m. (Massachusetts time). If any payment item is received into the Agent’s Account on a non-Business Day or after 1:30 2:00 p.m. (Massachusetts time) on a Business Day (unless Agent, in its sole discretion, elects to credit it on the date received)Day, it shall be deemed to have been received by Agent as of the opening of business on the immediately following Business Day.
Appears in 1 contract
Samples: Credit Agreement (USA Mobility, Inc)
Crediting Payments. The receipt of any payment item by Agent shall not be required to be considered a payment on account unless such payment item is a wire transfer of immediately available federal funds made to Agent’s Account or unless and until such payment item is honored when presented for payment. Should any payment item not be honored when presented for payment, then Borrowers shall be deemed not to have made such payment and interest shall be calculated accordingly. Anything to the contrary contained herein notwithstanding, any payment item shall be deemed received by Agent only if it is received into Agent’s Account on a Business Day on or before 1:30 12:00 p.m. (California time). If any payment item is received into Agent’s Account on a non-Business Day or after 1:30 12:00 p.m. (California time) on a Business Day (unless Agent, in its sole discretion, elects to credit it on the date received)Day, it shall be deemed to have been received by Agent as of the opening of business on the immediately following Business Day.
Appears in 1 contract
Crediting Payments. The receipt of any payment item by Agent shall not be required to be considered a payment on account unless such payment item is a wire transfer of immediately available federal funds made to Agent’s 's Account or unless and until such payment item is honored when presented for payment. Should any payment item not be honored when presented for payment, then Borrowers shall be deemed not to have made such payment and interest shall be calculated accordingly. Anything to the contrary contained herein notwithstanding, any payment item shall be deemed received by Agent only if it is received into Agent’s 's Account on a Business Day on or before 1:30 2:00 p.m. (Georgia time). If any payment item is received into Agent’s 's Account on a non-Business Day or after 1:30 2:00 p.m. (Georgia time) on a Business Day (unless Agent, in its sole discretion, elects to credit it on the date received)Day, it shall be deemed to have been received by Agent as of the opening of business on the immediately following Business Day.
Appears in 1 contract
Crediting Payments. The receipt of any payment item by Agent shall not be required to be considered a payment on account unless such payment item is a wire transfer of immediately available federal funds made to Agent’s the Agent Payment Account or unless and until such payment item is honored when presented for payment. Should any payment item not be honored when presented for payment, then Borrowers shall be deemed not to have made such payment and interest shall be calculated accordingly. Anything to the contrary contained herein notwithstanding, any payment item shall be deemed received by Agent only if it is received into Agent’s the Agent Payment Account on a Business Day on or before 1:30 p.m. 12:00 noon (Eastern time). If any payment item is received into Agent’s the Agent Payment Account on a non-Business Day or after 1:30 p.m. 12:00 noon (Eastern time) on a Business Day (unless Agent, in its sole discretion, elects to credit it on the date received)Day, it shall be deemed to have been received by Agent as of the opening of business on the immediately following Business Day.
Appears in 1 contract
Samples: Credit Agreement (Audiovox Corp)
Crediting Payments. The receipt of any payment item by Agent shall not be required to be considered a payment on account unless such payment item is a wire transfer of immediately available federal funds made to Agent’s 's Account or unless and until such payment item is honored when presented for payment. Should any payment item not be honored when presented for payment, then Borrowers shall be deemed not to have made such payment and interest shall be calculated accordingly. .Anything to the contrary contained herein notwithstanding, any payment item shall be deemed received by Agent only if it is received into Agent’s 's Account on a Business Day on or before 1:30 2:00 p.m. If any payment item is received into Agent’s 's Account on a non-Business Day or after 1:30 2:00 p.m. on a Business Day (unless Agent, in its sole discretion, elects to credit it on the date received), it shall be deemed to have been received by Agent as of the opening of business on the immediately following Business Day.
Appears in 1 contract
Crediting Payments. The receipt of any payment item by Agent shall not be required to be considered a payment on account unless such payment item is a wire transfer of immediately available federal funds made to Agent’s 's Account or unless and until such payment item is honored when presented for payment. Should any payment item not be honored when presented for payment, then Borrowers Borrower shall be deemed not to have made such payment and interest shall be calculated accordinglypayment. Anything to the contrary contained herein notwithstanding, any payment item shall be deemed received by Agent only if it is received into Agent’s 's Account on a Business Day on or before 1:30 p.m. If any payment item is received into Agent’s 's Account on a non-Business Day or after 1:30 p.m. on a Business Day (unless Agent, in its sole discretion, elects to credit it on the date received), it shall be deemed to have been received by Agent as of the opening of business on the immediately following Business Day.
Appears in 1 contract
Crediting Payments. The receipt of any payment item by Agent shall not be required to be considered a payment on account unless such payment item is a wire transfer of immediately available federal funds made to Agent’s Account or unless and until such payment item is honored when presented for payment. Should any payment item not be honored when presented for payment, then Borrowers shall be deemed not to have made such payment and interest shall be calculated accordinglypayment. Anything to the contrary contained herein notwithstanding, any payment item shall be deemed received by Agent only if it is received into Agent’s Account on a Business Day on or before 1:30 4:30 p.m. If any payment item is received into Agent’s Account on a non-non- Business Day or after 1:30 4:30 p.m. on a Business Day (unless Agent, in its sole discretion, elects to credit it on the date received), it shall be deemed to have been received by Agent as of the opening of business on the immediately following Business Day.. 2.8
Appears in 1 contract
Crediting Payments. The receipt of any payment item by Agent shall not be required to be considered a payment on account unless such payment item is a wire transfer of immediately available federal funds made to Agent’s Account or unless and until such payment item is honored when presented for payment. Should any payment item not be honored when presented for payment, then Borrowers Borrower shall be deemed not to have made such payment and interest shall be calculated accordinglypayment. Anything to the contrary contained herein notwithstanding, any payment item shall be deemed received by Agent only if it is received into Agent’s Account on a Business Day on or before 1:30 p.m. If any payment item is received into Agent’s Account on a non-Business Day or after 1:30 p.m. on a Business Day (unless Agent, in its sole discretion, elects to credit it on the date received), it shall be deemed to have been received by Agent as of the opening of business on the immediately following Business Day.
Appears in 1 contract
Crediting Payments. (a) The receipt of any payment item by Agent shall not be required to be considered a payment on account unless such payment item is a wire transfer of immediately available federal funds made to Agent’s Account or unless and until such payment item is honored when presented for payment. Should any payment item not be honored when presented for payment, then Borrowers Borrower shall be deemed not to have made such payment and interest shall be calculated accordingly. Anything to the contrary contained herein notwithstanding, any payment item shall be deemed received by Agent only if it is received into Agent’s Account on a Business Day on or before 1:30 p.m. 11:00 a.m. (California time). If any payment item is received into Agent’s Account on a non-Business Day or after 1:30 p.m. 11:00 a.m. (California time) on a Business Day (unless Agent, in its sole discretion, elects to credit it on the date received)Day, it shall be deemed to have been received by Agent as of the opening of business on the immediately following Business Day.
Appears in 1 contract
Crediting Payments. The receipt of any payment item by Agent shall not be required to be considered a payment on account unless such payment item is a wire transfer of immediately available federal funds made to Agent’s Account or unless and until such payment item is honored when presented for payment. Should any payment item not be honored when presented for payment, then Borrowers shall be deemed not to have made such payment and interest shall be calculated accordingly. Anything to the contrary contained herein notwithstanding, any payment item shall be deemed received by Agent only if it is received into Agent’s Account on a Business Day on or before 1:30 p.m. If any payment item is received into Agent’s Account on a non-Business Day or after 1:30 p.m. on a Business Day (unless Agent, in its sole discretion, elects to credit it on the date received)Day, it shall be deemed to have been received by Agent as of the opening of business on the immediately following Business DayDay (unless Agent, in its sole discretion, elects to credit it on the date received).
Appears in 1 contract
Samples: Credit Agreement (Vector Group LTD)
Crediting Payments. The receipt of any payment item by Agent shall not be required to be considered a payment on account unless such payment item is a wire transfer of immediately available federal funds made to Agent’s 's Account or unless and until such payment item is honored when presented for payment. Should any payment item not be honored when presented for payment, then Borrowers shall be deemed not to have made such payment and interest shall be calculated accordinglypayment. Anything to the contrary contained herein notwithstanding, any payment item shall be deemed received by Agent only if it is received into Agent’s 's Account on a Business Day on or before 1:30 p.m. 12:00 noon. If any payment item is received into Agent’s 's Account on a non-Business Day or after 1:30 p.m. 12:00 noon on a Business Day (unless Agent, in its sole discretion, elects to credit it on the date received), it shall be deemed to have 122846886v7 been received by Agent as of the opening of business on the immediately following Business Day.
Appears in 1 contract
Crediting Payments. The receipt of any payment item by Agent shall not be required to be considered a payment on account unless such payment item is a wire transfer of immediately available federal funds made to Agent’s Account or unless and until such payment item is honored when presented for payment. Should any payment item not be honored when presented for payment, then Borrowers shall be deemed not to have made such payment and interest shall be calculated accordinglypayment. Anything to the contrary contained herein notwithstanding, any payment item shall be deemed received by Agent only if it is received into Agent’s Account on a Business Day on or before 1:30 p.m. If any payment item is received into Agent’s Account on a non-non- Business Day or after 1:30 p.m. on a Business Day (unless Agent, in its sole discretion, elects to credit it on the date received), it shall be deemed to have been received by Agent as of the opening of business on the immediately following Business Day.. 2.8
Appears in 1 contract
Samples: Credit Agreement (Calumet Specialty Products Partners, L.P.)
Crediting Payments. The receipt of any payment item by the applicable Agent shall not be required to be considered a payment on account unless such payment item is a wire transfer of immediately available federal funds made to such Agent’s Account or unless and until such payment item is honored when presented for payment. Should any payment item not be honored when presented for payment, then Borrowers shall be deemed not to have made such payment and interest shall be calculated accordingly. Anything to the contrary contained herein notwithstanding, any payment item shall be deemed received by such Agent only if it is received into such Agent’s Account on a Business Day on or before 1:30 2:00 p.m. (Eastern Standard time). If any payment item is received into such Agent’s Account on a non-Business Day or after 1:30 2:00 p.m. on (Eastern Standard time) a Business Day (unless Agent, in its sole discretion, elects to credit it on the date received)Day, it shall be deemed to have been received by such Agent as of the opening of business on the immediately following Business Day.
Appears in 1 contract
Samples: Credit Agreement (Seitel Inc)
Crediting Payments. (a) The receipt of any payment item by Agent shall not be required to be considered a payment on account unless such payment item is a wire transfer of immediately available federal funds made to Agent’s Account or unless and until such payment item is honored when presented for payment. Should any payment item not be honored when presented for payment, then Borrowers shall be deemed not to have made such payment and interest shall be calculated accordingly. Anything to the contrary contained herein notwithstanding, any payment item shall be deemed received by Agent only if it is received into Agent’s Account on a Business Day on or before 1:30 p.m. 11:00 a.m. (California time). If any payment item is received into Agent’s Account on a non-Business Day or after 1:30 p.m. 11:00 a.m. (California time) on a Business Day (unless Agent, in its sole discretion, elects to credit it on the date received)Day, it shall be deemed to have been received by Agent as of the opening of business on the immediately following Business Day.
Appears in 1 contract
Samples: Credit Agreement (Stock Building Supply Holdings, Inc.)
Crediting Payments. The receipt of any payment item by Agent shall not be required to be considered a payment on account unless such payment item is a wire transfer of immediately available federal funds made to Agent’s Account or unless and until such payment item is honored when presented for payment. Should any payment item not be honored when presented for payment, then Borrowers shall be deemed not to have made such payment and interest shall be calculated accordinglypayment. Anything to the contrary contained herein notwithstanding, any payment item shall be deemed received by Agent only if it is received into Agent’s Account on a Business Day on or before 1:30 p.m. If any payment item is received into Agent’s Account on a non-non - Business Day or after 1:30 p.m. on a Business Day (unless Agent, in its sole discretion, elects to credit it on the date received), it shall be deemed to have been received by Agent as of the opening of business on the immediately following Business Day.. 2.8
Appears in 1 contract
Samples: Credit Agreement (Independence Contract Drilling, Inc.)
Crediting Payments. The receipt of any payment item by Agent shall not be required to be considered a payment on account unless such payment item is a wire transfer of immediately available federal funds made to Agent’s Account or unless and until such payment item is honored when presented for payment. Should any payment item not be honored when presented for payment, then Borrowers Borrower shall be deemed not to have made such payment and interest shall be calculated accordingly. Anything to the contrary contained herein notwithstanding, any payment item shall be deemed received by Agent only if it is received into Agent’s Account on a Business Day on or before 1:30 3:00 p.m. (Georgia time). If any payment item is received into Agent’s Account on a non-Business Day or after 1:30 3:00 p.m. (Georgia time) on a Business Day (unless Agent, in its sole discretion, elects to credit it on the date received)Day, it shall be deemed to have been received by Agent as of the opening of business on the immediately following Business Day.
Appears in 1 contract
Samples: Term Loan Agreement (TrueBlue, Inc.)
Crediting Payments. The receipt of any payment item by Agent shall not be required to be considered a payment on account unless such payment item is a wire transfer of immediately available federal funds made to the applicable Agent’s Account or unless and until such payment item is honored when presented for payment. Should any payment item not be honored when presented for payment, then Borrowers shall be deemed not to have made such payment and interest shall be calculated accordingly. Anything to the contrary contained herein notwithstanding, any payment item shall be deemed received by Agent only if it is received into the applicable Agent’s Account on a Business Day on or before 1:30 p.m. If any payment item is received into Agent’s Account on a non-Business Day or after 1:30 p.m. on a Business Day (unless Agent, in its sole discretion, elects to credit it on the date received)Day, it shall be deemed to have been received by Agent as of the opening of business on the immediately following Business Day.the
Appears in 1 contract
Samples: Credit Agreement (Vector Group LTD)
Crediting Payments. The receipt of any payment item by Agent shall not be required to be considered a payment on account unless such payment item is a wire transfer of immediately available federal funds made to Agent’s 's Account or unless and until such payment item is honored when presented for payment. Should any payment item not be honored when presented for payment, then Borrowers Borrower shall be deemed not to have made such payment and interest shall be calculated accordingly. Anything to the contrary contained herein notwithstanding, any payment item shall be deemed received by Agent only if it is received into Agent’s 's Account on a Business Day on or before 1:30 p.m. 12:00 noon (California time). If any payment item is received into Agent’s 's Account on a non-Business Day or after 1:30 p.m. 12:00 noon (California time) on a Business Day (unless Agent, in its sole discretion, elects to credit it on the date received)Day, it shall be deemed to have been received by Agent as of the opening of business on the immediately following Business Day.
Appears in 1 contract
Crediting Payments. The receipt of any payment item by Agent shall not be required to be considered a payment on account unless such payment item is a wire transfer of immediately available federal funds made to Agent’s 's Account or unless and until such payment item is honored when presented for payment. Should any payment item not be honored when presented for payment, then Borrowers shall be deemed not to have made such payment and interest shall be calculated accordinglypayment. Anything to the contrary contained herein notwithstanding, any payment item shall be deemed received by Agent only if it is received into Agent’s 's Account on a Business Day on or before 1:30 4:30 p.m. If any payment item is received into Agent’s 's Account on a non-Business Day or after 1:30 4:30 p.m. on a Business Day (unless Agent, in its sole discretion, elects to credit it on the date received), it shall be deemed to have been received by Agent as of the opening of business on the immediately following Business Day.
Appears in 1 contract
Crediting Payments. The receipt of any payment item by Agent shall not be required to be considered a payment on account unless such payment item is a wire transfer of immediately available federal funds made to the Agent’s Account or unless and until such payment item is honored when presented for payment. Should any payment item not be honored when presented for payment, then Borrowers the applicable Borrower shall be deemed not to have made such payment and interest shall be calculated accordingly. Anything to the contrary contained herein notwithstanding, any payment item shall be deemed received by Agent only if it is received into the Agent’s Account on a Business Day on or before 1:30 p.m. 11:00 a.m. (California time). If any payment item is received into Agent’s Account on a non-Business Day or after 1:30 p.m. 11:00 a.m. (California time) on a Business Day (unless Agent, in its sole discretion, elects to credit it on the date received)Day, it shall be deemed to have been received by Agent as of the opening of business on the immediately following Business Day.
Appears in 1 contract
Samples: Abl Dip Agreement
Crediting Payments. The receipt of any payment item by Agent shall not be required to be considered a payment on account unless such payment item is a wire transfer of immediately available federal funds made to the Agent’s 's Account or unless and until such payment item is honored when presented for payment. Should any payment item not be honored when presented for payment, then Borrowers Borrower shall be deemed not to have made such payment and interest shall be calculated accordingly. Anything to the contrary contained herein notwithstanding, any payment item shall be deemed received by Agent only if it is received into the Agent’s 's Account on a Business Day on or before 1:30 p.m. 12:00 P.M. (Eastern time). If any payment item is received into the Agent’s 's Account on a non-Business Day or after 1:30 p.m. 12:00 P.M. (Eastern time) on a Business Day (unless Agent, in its sole discretion, elects to credit it on the date received)Day, it shall be deemed to have been received by Agent as of the opening of business on the immediately following Business Day.
Appears in 1 contract