Disbursements of Advances Payment. (A) Revolving Loan Advances, Payments and Settlements; Interest and Fee ------------------------------------------------------------------- Payments. --------
Disbursements of Advances Payment. (A) REVOLVING LOAN ADVANCES,
Disbursements of Advances Payment. (a) ADVANCES; PAYMENTS.
Disbursements of Advances Payment. (A) REVOLVING LOAN ADVANCES, PAYMENTS AND SETTLEMENTS; RELATED FEE PAYMENTS.
Disbursements of Advances Payment. 54 SECTION 9. MISCELLANEOUS......................................................................... 57
Disbursements of Advances Payment. (A) Revolving Loan Advances, Payments and Settlements; Interest and Fee Payments.
Disbursements of Advances Payment. ADVANCES; PAYMENTS. Revolving Lenders shall refund or participate in the Swing Line Loan in accordance with clauses (iii) and (iv) of SECTION 1.1(C). If the Swing Line Lender declines to make a Swing Line Advance or if Swing Line Availability is zero, Agent shall notify Revolving Lenders, promptly after receipt of a Notice of Revolving Credit Advance and in any event prior to 1:00 p.m. (New York time) on the date such Notice of a Revolving Credit Advance is received, by fax, telephone or other similar form of transmission. Each Revolving Lender shall make the amount of such Lender's Pro Rata Share of such Revolving Credit Advance available to Agent in same day funds by wire transfer to Agent's account as set forth in SECTION 1.1(E) not later than 3:00 p.m. (New York time) on the requested Funding Date in the case of an Index Rate Loans and not later than 11:00 a.m. (New York time) on the requested Funding Date in the case of a LIBOR Loan. After receipt of such wire transfers (or, in the Agent's sole discretion, before receipt of such wire transfers), subject to the terms hereof, Agent shall make the requested Revolving Credit Advance to Borrower as designated by Borrower in the Notice of Revolving Credit Advance. All payments by each Revolving Lender shall be made without setoff, counterclaim or deduction of any kind. At least once each calendar week or more frequently at Agent's election (each, a "SETTLEMENT DATE"), Agent shall advise each Lender by telephone or fax of the amount of such Lender's Pro Rata Share of principal, interest and Fees paid for the benefit of Lenders with respect to each applicable Loan. Provided that each Lender has funded all payments and Advances required to be made by it and funded all purchases of participations required to be funded by it under this Agreement and the other Loan Documents as of such Settlement Date, Agent shall pay to each Lender such Lender's Pro Rata Share of principal, interest and Fees paid by Borrower since the previous Settlement Date for the benefit of such Lender on the Loans held by it. Such payments shall be made by wire transfer to such Lender's account (as specified by such Lender in ANNEX E or the applicable Assignment Agreement) not later than 2:00 p.m. (New York time) on the next Business Day following each Settlement Date. To the extent that any Lender (a "NON-FUNDING LENDER") has failed to fund all such payments and Advances or failed to fund the purchase of all such participations required to...
Disbursements of Advances Payment. (a) LOAN ADVANCES, PAYMENTS AND SETTLEMENTS; INTEREST AND FEE PAYMENTS.
Disbursements of Advances Payment. Cash Collateral 72 8.6 Lender Credit Decision 74 SECTION 9. MISCELLANEOUS 74 9.1 Indemnities 74 9.2 Amendments and Waivers 75 9.3 Notices 76 9.4 Electronic Transmissions 78 9.5 Failure or Indulgence Not Waiver; Remedies Cumulative 79 9.6 Marshaling; Payments Set Aside 80 9.7 Severability 80 9.8 Lenders’ Obligations Several; Independent Nature of Lenders’ Rights 80 9.9 Headings 80 9.10 Applicable Law 80 9.11 Successors and Assigns 81 9.12 No Fiduciary Relationship; Limited Liability 81 9.13 Construction 81 9.14 Confidentiality 81 9.15 CONSENT TO JURISDICTION 82 9.16 WAIVER OF JURY TRIAL 83 9.17 Survival of Warranties and Certain Agreements 83 9.18 ENTIRE AGREEMENT 83 9.19 Counterparts; Effectiveness 84 9.20 Replacement of Lenders 84 9.21 Delivery of Termination Statements and Mortgage Releases 85 9.22 Subordination of Intercompany Debt 85 9.23 Patriot Act 86 9.24 Joint and Several 86 9.25 Reserved 86 9.26 NO NOVATION 86 9.27 Amendment and Restatement 86 INDEX OF APPENDICES Annexes Annex A - Definitions Annex B - Schedule of Additional Closing Documents Annex C - Pro Forma Annex D - Compliance, Pricing and Excess Cash Flow Certificate
Disbursements of Advances Payment
