Common use of Method of Payment Clause in Contracts

Method of Payment. All payments of the Obligations hereunder shall be made, without setoff, deduction, or counterclaim, in immediately available funds to the Administrative Agent at the Administrative Agent’s address specified pursuant to Article 13, or at any other Lending Installation of the Administrative Agent specified in writing by the Administrative Agent to the Borrower, by 12:00 noon on the date when due and shall (except for payments of Reimbursement Obligations for which the applicable LC Issuer has not received payments from the Lenders or as otherwise specifically required hereunder) be applied ratably by the Administrative Agent among the Lenders. Each payment delivered to the Administrative Agent for the account of any Lender shall be delivered promptly by the Administrative Agent to such Lender in the same type of funds that the Administrative Agent received at its address specified pursuant to Article 13 or at any Lending Installation specified in a notice received by the Administrative Agent from such Lender. The Administrative Agent is hereby authorized to charge any account of the Borrower maintained with Wells Fargo for each payment of principal, interest, Reimbursement Obligations and fees as it becomes due hereunder. Each reference to the Administrative Agent in this Section 2.11 shall also be deemed to refer, and shall apply equally, (i) to the Swingline Lender, in the case of payments required to be made by the Borrower to the Swingline Lender and (ii) to the applicable LC Issuer, in the case of payments required to be made by the Borrower to such LC Issuer.

Appears in 6 contracts

Samples: Amendment to Credit Agreement (Idaho Power Co), Amendment to Credit Agreement (Idaho Power Co), Credit Agreement (Idaho Power Co)

Method of Payment. All payments of the principal, interest, fees, commissions and L/C Obligations hereunder shall be made, without setoff, deduction, deduction or counterclaim, in immediately available funds to the Administrative Agent at the Administrative Agent’s address specified pursuant to Article 13 14, or at any other Lending Installation of the Administrative Agent specified in writing by the Administrative Agent to the Borrower, by 12:00 noon 2:00 p.m. (Chicago time) on the date when due and shall (except for payments of Reimbursement Obligations for which the applicable LC Issuer has not received payments from be made ratably among the Lenders or as otherwise specifically required hereunder) (unless such amount is not to be applied shared ratably by in accordance with the Administrative Agent among the Lenders terms hereof). Each payment delivered to the Administrative Agent for the account of any Lender shall be delivered promptly by the Administrative Agent to such Lender in the same type of funds that which the Administrative Agent received at its address specified pursuant to Article 13 14 or at any Lending Installation specified in a notice received by the Administrative Agent from such Lender. The Borrower authorizes the Administrative Agent is hereby authorized to charge any the account of the Borrower maintained with Wells Fargo JPMorgan for each payment of principal, interest, Reimbursement fees, commissions and L/C Obligations and fees as it becomes due hereunder. Each reference to the Administrative Agent in this Section 2.11 shall also be deemed to refer, and shall apply equally, (i) to the Swingline Lender, in the case of payments required to be made by the Borrower to the Swingline Lender and (ii) to the applicable LC Issuer each Issuing Bank, in the case of payments required to be made by the Borrower to such LC Issuer Issuing Bank pursuant to Article 3.

Appears in 5 contracts

Samples: Escrow Agreement (Energizer SpinCo, Inc.), Credit Agreement (Energizer Holdings Inc), Escrow Agreement (Energizer Holdings Inc)

Method of Payment. All payments of the Obligations hereunder shall be made, without setoff, deduction, or counterclaim, in immediately available funds to the Administrative Agent at the Administrative Agent’s address specified pursuant to Article 13 XIII, or at any other Lending Installation of the Administrative Agent specified in writing at least three (3) Business Days in advance by the Administrative Agent to the Borrower, by 12:00 noon (Cleveland time) on the date when due and shall (except for payments of Reimbursement Obligations for which the applicable LC Issuer has not received payments from the Lenders or as otherwise specifically required hereunder) be applied ratably by the Administrative Agent among the Lenders . As provided elsewhere herein, all Lenders’ interests in the Advances and the Loan Documents shall be ratable undivided interests and none of such Lenders’ interests shall have priority over the others. Each payment delivered to the Administrative Agent for the account of any Lender or amount to be applied or paid by the Administrative Agent to any Lender shall be delivered paid promptly (on the same day as received by the Administrative Agent if received prior to noon (Cleveland time) on such day and otherwise on the next Business Day) by the Administrative Agent to such Lender in the same type of funds that the Administrative Agent received at its address specified pursuant to Article 13 XIII or at any Lending Installation specified in a notice received by the Administrative Agent from such Lender. Payments received by the Administrative Agent but not timely funded to the Lenders shall bear interest payable by the Administrative Agent at the Federal Funds Effective Rate from the date due until the date paid. The Administrative Agent is hereby authorized to charge any the account of the Borrower maintained with Wells Fargo KeyBank for each payment of principal, interest, Reimbursement Obligations interest and fees as it becomes due hereunder . Each reference to the Administrative Agent in this Section 2.11 shall also be deemed to refer, and shall apply equally, (i) to the Swingline Lender, in the case of payments required to be made by the Borrower to the Swingline Lender and (ii) to the applicable LC Issuer, in the case of payments required to be made by the Borrower to such LC Issuer .

Appears in 5 contracts

Samples: Term Loan Agreement (Glimcher Realty Trust), Third Amended and Restated Credit Agreement (Glimcher Realty Trust), Amended and Restated Credit Agreement (Glimcher Realty Trust)

Method of Payment. All payments of the Obligations hereunder shall be made, without setoff, deduction, or counterclaim, in immediately available funds to the Administrative Agent at the Administrative Agent’s address specified pursuant to Article 13 XIII, or at any other Lending Installation of the Administrative Agent specified in writing by the Administrative Agent to the Borrower, by 12:00 noon (Charlotte, North Carolina time) on the date when due and shall be applied ratably (except for payments in the case of (i) Reimbursement Obligations for which the applicable LC Issuer has not received payments from been fully indemnified by the Lenders Lenders, (ii) Swing Line Loans or (iii) as otherwise specifically required hereunder) be applied ratably by the Administrative Agent among the Lenders. Each payment delivered to the Administrative Agent for the account of any Lender shall be delivered promptly by the Administrative Agent to such Lender in the same type of funds that the Administrative Agent received at its address specified pursuant to Article 13 XIII or at any Lending Installation specified in a notice received by the Administrative Agent from such Lender. The Administrative Agent is hereby authorized to charge any the account of the Borrower maintained with Wells Fargo Wachovia for each payment of principal, interest, Reimbursement Obligations interest and fees as it becomes due hereunder. Each reference to the Administrative Agent in this Section 2.11 2.12 shall also be deemed to refer, and shall apply equally, to ( i x) to the Swingline Lender, LC Issuer in the case of payments required to be made by the Borrower to the Swingline Lender LC Issuer pursuant to Section 2.20.6 and ( ii y) to the applicable LC Issuer, Swing Line Lender in the case of payments required to be made by the Borrower to such LC Issuer the Swing Line Lender pursuant to Section 2.23.4.

Appears in 5 contracts

Samples: Amended and Restated Credit Agreement (Oge Energy Corp.), Credit Agreement (Oge Energy Corp.), Credit Agreement (OGE Enogex Partners L.P.)

Method of Payment. Each Advance shall be repaid and each payment of interest thereon shall be paid in Dollars. All payments of the Obligations hereunder shall be made, without setoff, deduction, deduction or counterclaim, in immediately available funds to the Administrative Agent at the Administrative Agent’s address specified pursuant to Article 13 XIII, or at any other Lending Installation of the Administrative Agent specified in writing by the Administrative Agent to the Borrower, Borrower (which written notice shall be delivered to Borrower at least one Business Day prior to the due date of the applicable payment) by 12:00 noon p.m. (Minneapolis time) on the date when due and shall (except for (i) with respect to payments of Swing Line Loans, (ii) in the case of Reimbursement Obligations for which the applicable LC Issuer has not received payments from been fully indemnified by the Lenders or (iii) as otherwise specifically required hereunder) be applied ratably by the Administrative Agent among the Lenders. Each payment delivered to the Administrative Agent for the account of any Lender shall be delivered promptly by the Administrative Agent to such Lender in the same type of funds that the Administrative Agent received at its address specified pursuant to Article 13 XIII or at any Lending Installation specified in a notice received by the Administrative Agent from such Lender. The Administrative Agent is hereby authorized to charge any the account of the Borrower maintained with Wells Fargo U.S. Bank for each payment of principal, interest, Reimbursement Obligations and fees as it becomes due hereunder. Each reference to the Administrative Agent in this Section 2.11 shall also be deemed to refer, and shall apply equally, (i) to the Swingline Lender, in the case of payments required to be made by the Borrower to the Swingline Lender and (ii) to the applicable LC Issuer, in the case of payments required to be made by the Borrower to such the LC Issuer Issuer pursuant to Section 2.17.6.

Appears in 5 contracts

Samples: Amended and Restated Credit Agreement (Roadrunner Transportation Systems, Inc.), Amended and Restated Credit Agreement (Roadrunner Transportation Systems, Inc.), Third Amended and Restated Credit Agreement (Roadrunner Transportation Systems, Inc.)

Method of Payment. All payments of the principal, interest, fees, reimbursements, commissions, L/C Obligations and other Obligations hereunder shall be made, without setoff, deduction, deduction or counterclaim counterclaim (unless indicated otherwise in Section 2.14(E)), in immediately available funds to the Administrative Agent at the Administrative Agent’s address specified pursuant to Article 13 XV, or at any other Lending Installation of the Administrative Agent applicable Issuing Bank specified in writing by such Issuing Bank to the applicable Borrower in connection with any Letter of Credit issued in an Agreed Currency other than Dollars. Each Advance shall be repaid or prepaid in Dollars in the amount equal to the amount borrowed and interest payable thereon shall also be paid in Dollars. Each L/C Obligation denominated in an Agreed Currency other than Dollars shall be repaid, and all interest and fees to be paid in respect thereof shall be paid, in the currency in which the related Letter of Credit was issued or, where such currency has converted to euro, in euro. All payments to be made by any Borrower hereunder in any currency other than Dollars shall be made in such currency on the date due in such funds as may then be customary for the settlement of international transactions in such currency for the account of the Administrative Agent to the Borrower or applicable Issuing Bank, by 12:00 noon on the date when due and shall (except as applicable, at its designated Lending Installation for payments of Reimbursement Obligations for which the applicable LC Issuer has not received payments from the Lenders or as otherwise specifically required hereunder) be applied ratably by the Administrative Agent among the Lenders such currency. Each payment delivered to the Administrative Agent for the account of any Lender shall be delivered promptly by the Administrative Agent to such Lender in the same type of funds that the Administrative Agent received at its address specified pursuant to Article 13 XV or at any Lending Installation specified in a notice received by the Administrative Agent from such Lender. The Administrative Agent is hereby authorized to charge any account of the applicable Borrower maintained with Wells Fargo JPMorgan or any of its Affiliates for each payment of principal, interest, Reimbursement Obligations interest and fees as it becomes due hereunder. Each reference to the Administrative Agent in this Section 2.11 shall also be deemed to refer, and shall apply equally, (i) to the Swingline Lender each Issuing Bank, in the case of payments required to be made by the any Borrower to the Swingline Lender and (ii) any Issuing Bank pursuant to the applicable LC Issuer, in the case of payments required to be made by the Borrower to such LC Issuer Article III.

Appears in 4 contracts

Samples: Second Amended and Restated Credit Agreement (Chicago Bridge & Iron Co N V), Second Amended and Restated Credit Agreement (Chicago Bridge & Iron Co N V), Third Amended and Restated Credit Agreement (Chicago Bridge & Iron Co N V)

Method of Payment. All payments of the Obligations hereunder and under the other Loan Documents shall be made , observed or performed, without setoff, deduction, or counterclaim counterclaim (whether sounding in tort, contract or otherwise) or Tax. All amounts payable for the account of the Administrative Agent shall be paid in immediately available funds to the Administrative Agent at the Administrative Agent’s address specified pursuant to Article 13 XIII, or at any other Lending Installation of the Administrative Agent specified in writing by the Administrative Agent to the Borrower, by 12:00 noon on the date when due and shall (except for payments of Reimbursement Obligations for which the applicable LC Issuer has not received payments from the Lenders or as otherwise specifically required hereunder) be applied ratably by the Administrative Agent among the Lenders . All amounts payable for the account of any Lender under the Loan Documents shall, in the case of payments on account of principal of or interest on the Loans or fees, be made to the Administrative Agent at the Administrative Agent’s address specified pursuant to Article XIII and, in the case of all other payments, be made directly to such Lender at its address specified pursuant to Article XIII or at such other address as such Lender may designate by notice to the Borrower. Each payment delivered to the Administrative Agent for the account of any Lender shall be delivered promptly by the Administrative Agent to such Lender in the same type of funds that the Administrative Agent received at its address specified pursuant to Article 13 XIII or at any Lending Installation specified in a notice received by the Administrative Agent from such Lender. The Borrower hereby authorizes the Administrative Agent and each Lender, if and to the extent any amount payable by the Borrower under the Loan Documents (whether payable to such Person or to any other Person that is hereby authorized the Administrative Agent or a Lender) is not otherwise paid when due, to charge such amount against any or all of the accounts of the Borrower with such Person or any of its Affiliates (whether maintained at a branch or office located within or without the United States), with the Borrower remaining liable for any deficiency. Any Lender charging an amount against an account of the Borrower maintained with Wells Fargo for each payment of principal, interest, Reimbursement Obligations and fees as it becomes due hereunder. Each reference shall provide notice thereof to the Administrative Agent Borrower, within a reasonable time thereafter, which notice shall include a description in this Section 2.11 shall also be deemed to refer, and shall apply equally, (i) to the Swingline Lender, in the case reasonable detail of payments required to be made by the Borrower to the Swingline Lender and (ii) to the applicable LC Issuer, in the case of payments required to be made by the Borrower to such LC Issuer action.

Appears in 4 contracts

Samples: Amended and Restated Credit Agreement (Washington Gas Light Co), Amended and Restated Credit Agreement (WGL Holdings Inc), Amended and Restated Credit Agreement (WGL Holdings Inc)

Method of Payment. All payments of the Obligations hereunder shall be made, without setoff, deduction, deduction or counterclaim, in immediately available funds to the Administrative Agent at the Administrative Agent’s address specified pursuant to Article 13, or at any other Lending Installation of the Administrative Agent specified in writing by the Administrative Agent to the Borrower, by 12:00 noon (New York time) on the date when due and shall (except for payments of Reimbursement Obligations for which the applicable LC Issuer has not received payments from the Lenders or as otherwise specifically required hereunder) be applied ratably by the Administrative Agent among the Lenders Lenders entitled to such payments. Each payment delivered to the Administrative Agent for the account of any Lender shall be delivered promptly by the Administrative Agent to such Lender in the same type of funds that the Administrative Agent received at its address specified pursuant to Article 13 or at any Lending Installation specified in a notice received by the Administrative Agent from such Lender . The Administrative Agent is hereby authorized to charge any account of the Borrower maintained with Wells Fargo for each payment of principal, interest, Reimbursement Obligations and fees as it becomes due hereunder. Each reference to the Administrative Agent in this Section 2.11 shall also be deemed to refer, and shall apply equally, (i) to the Swingline Lender, in the case of payments required to be made by the Borrower to the Swingline Lender and (ii) to the applicable LC Issuer, in the case of payments required to be made by the Borrower to such LC Issuer .

Appears in 4 contracts

Samples: Term Credit Agreement (Aon Corp), Term Credit Agreement (Aon Corp), Term Credit Agreement (Aon Corp)

Method of Payment. All payments of the Obligations hereunder shall be made, without setoff, deduction, or counterclaim, in immediately available funds to the Administrative Agent at the Administrative Agent ’s 's address specified pursuant to Article 13 XIII, or at any other Lending Installation of the Administrative Agent specified in writing by the Administrative Agent to the Borrower, by 12:00 noon (Chicago, Illinois time) on the date when due and shall (except for payments with respect to repayments of Swing Line Loans, and except in the case of Reimbursement Obligations for which the applicable LC Issuer has not received payments from been fully indemnified by the Lenders Lenders, or as otherwise specifically required hereunder) be applied ratably by the Administrative Agent among the Lenders. Each payment delivered to the Administrative Agent for the account of any Lender shall be delivered promptly by the Administrative Agent to such Lender in the same type of funds that the Administrative Agent received at its address specified pursuant to Article 13 XIII or at any Lending Installation specified in a notice received by the Administrative Agent from such Lender. The Administrative Agent is hereby authorized to charge any the account of the Borrower maintained with Wells Fargo JPMorgan Chase for each payment of principal, interest, Reimbursement the Obligations and fees as it becomes due hereunder. Each reference to the Administrative Agent in this Section 2.11 2.12 shall also be deemed to refer, and shall apply equally, (i) to the Swingline Lender, LC Issuer in the case of payments required to be made by the Borrower to the Swingline Lender and (ii) LC Issuer pursuant to the applicable LC Issuer, in the case of payments required to be made by the Borrower to such LC Issuer Section 2.20.6.

Appears in 4 contracts

Samples: Second Amended and Restated Credit Agreement (Chemed Corp), Amended and Restated Credit Agreement (Chemed Corp), Chemed Corp

Method of Payment. All payments of the Obligations hereunder shall be made, without setoff, deduction, or counterclaim, in immediately available funds to the Administrative Agent at the Administrative Agent ’s 's address specified pursuant to Article 13 XIII, or at any other Lending Installation of the Administrative Agent specified in writing by the Administrative Agent to the Borrower, by 12:00 noon (Chicago time) on the date when due and shall (except for payments of Reimbursement Obligations for which the applicable LC Issuer has not received payments from the Lenders or as otherwise specifically required hereunder) be applied ratably by the Administrative Agent among the Lenders Lenders in accordance with their respective Pro Rata Shares. Each payment delivered to the Administrative Agent for the account of any Lender shall be delivered promptly by the Administrative Agent to such Lender in the same type of funds that the Administrative Agent received at its address specified pursuant to Article 13 XIII or at any Lending Installation specified in a notice received by the Administrative Agent from such Lender . The Administrative Agent is hereby authorized to charge any account of the Borrower maintained with Wells Fargo for each payment of principal, interest, Reimbursement Obligations and fees as it becomes due hereunder. Each reference to the Administrative Agent in this Section 2.11 shall also be deemed to refer, and shall apply equally, (i) to the Swingline Lender, in the case of payments required to be made by the Borrower to the Swingline Lender and (ii) to the applicable LC Issuer, in the case of payments required to be made by the Borrower to such LC Issuer .

Appears in 4 contracts

Samples: Credit Agreement (Great Plains Energy Inc), Credit Agreement (Kansas City Power & Light Co), Credit Agreement (Kansas City Power & Light Co)

Method of Payment. All payments of the Obligations hereunder shall be made, without setoff, deduction, or counterclaim, in immediately available funds to the Administrative Agent at the Administrative Agent’s address specified pursuant to Article 13, or at any other Lending Installation of the Administrative Agent specified in writing by the Administrative Agent to the Borrower, by 12:00 noon (local time) on the date when due and shall (except for payments with respect to repayments of Reimbursement Obligations Swing Line Loans and except in the case of reimbursement obligations with respect to LC Disbursements for which the applicable LC Issuer has not received payments from been fully indemnified by the Lenders Lenders, or as otherwise specifically required hereunder) be applied ratably by the Administrative Agent among the applicable Lenders. Each payment delivered to the Administrative Agent for the account of any Lender shall be delivered promptly by the Administrative Agent to such Lender in the same type of funds that the Administrative Agent received at its address specified pursuant to Article 13 or at any Lending Installation specified in a notice received by the Administrative Agent from such Lender. The Administrative Agent is hereby authorized to charge any account of the Borrower maintained with Wells Fargo for each payment of principal, interest, Reimbursement Obligations and fees as it becomes due hereunder. Each reference to the Administrative Agent in this Section 2.11 2.15 shall also be deemed to refer, and shall apply equally, (i) to the Swingline Lender, in the case of payments required to be made by the Borrower to the Swingline Lender and (ii) to the applicable LC Issuer, in the case of payments required to be made by the Borrower to such the LC Issuer Issuer pursuant to Section 2.22(e).

Appears in 4 contracts

Samples: Credit Agreement (Moneygram International Inc), Amended and Restated Credit Agreement (Moneygram International Inc), Amended and Restated Credit Agreement (Moneygram International Inc)

Method of Payment. All payments of the Obligations hereunder shall be made, without setoff, deduction, or counterclaim, in immediately available funds to the Administrative Agent at the Administrative Agent’s address specified pursuant to Article 13 XIII, or at any other Lending Installation of the Administrative Agent located in the continental United States specified in writing at least three (3) Business Days in advance by the Administrative Agent to the Borrower, by 12:00 noon (Cleveland time) on the date when due and shall (except for payments of Reimbursement Obligations for which the applicable LC Issuer has not received payments from the Lenders or as otherwise specifically required hereunder) be applied ratably by the Administrative Agent among the Lenders . As provided elsewhere herein, all Lenders’ interests in the Advances and the Loan Documents shall be ratable undivided interests and none of such Lenders’ interests shall have priority over the others. Each payment delivered to the Administrative Agent for the account of any Lender or amount to be applied or paid by the Administrative Agent to any Lender shall be delivered paid promptly (on the same day as received by the Administrative Agent if received prior to noon (Cleveland time) on such day and otherwise on the next Business Day) by the Administrative Agent to such Lender in the same type of funds that the Administrative Agent received at its address specified pursuant to Article 13 XIII or at any Lending Installation specified in a notice received by the Administrative Agent from such Lender. The Payments received by the Administrative Agent is hereby authorized but not timely funded to charge any account the Lenders shall bear interest payable by the Administrative Agent at the Federal Funds Effective Rate from the date due until the date paid. None of the funds or assets of the Borrower maintained that are used to pay any amount due pursuant to this Agreement shall constitute funds obtained from transactions with Wells Fargo for each payment or relating to Designated Persons or countries which are the subject of principal sanctions under any Sanctions Laws and Regulations. Notwithstanding the foregoing, interest, Reimbursement amounts received from any Loan Party that is not a Qualified ECP Guarantor shall not be applied to Obligations and fees as it becomes due hereunder. Each reference to the Administrative Agent in this Section 2.11 shall also be deemed to refer, and shall apply equally, (i) to the Swingline Lender, in the case of payments required to be made by the Borrower to the Swingline Lender and (ii) to the applicable LC Issuer, in the case of payments required to be made by the Borrower to such LC Issuer that are Excluded Swap Obligations.

Appears in 4 contracts

Samples: Credit Agreement (Inland American Real Estate Trust, Inc.), Amended and Restated Credit Agreement (Inland American Real Estate Trust, Inc.), Amended and Restated Credit Agreement (Inland Real Estate Income Trust, Inc.)

Method of Payment. Except as otherwise specified herein, all payments by the Borrower of principal, interest and its other Obligations shall be made in Dollars. All payments of the Obligations hereunder shall be made, without setoff, deduction, or counterclaim, in immediately available funds to the Administrative Agent at the Administrative Agent’s address specified pursuant to Article 13, or at any other Lending Installation of the Administrative Agent specified in writing by the Administrative Agent to the Borrower, by 12:00 noon 2:00 p.m. (New York time) on the date when due and shall (except for payments of Reimbursement Obligations for which the applicable LC Issuer has not received payments from the Lenders or as otherwise specifically required hereunder) be applied ratably by the Administrative Agent among the Lenders Lenders of the applicable Tranche entitled thereto. Each payment delivered to the Administrative Agent for the account of any Lender shall be delivered promptly by the Administrative Agent to such Lender in the same type of funds that the Administrative Agent received at its such Lender’s address specified pursuant to Article 13 or at any Lending Installation specified in a notice received by the Administrative Agent from such Lender . The Administrative Agent is hereby authorized to charge any account of the Borrower maintained with Wells Fargo for each payment of principal, interest, Reimbursement Obligations and fees as it becomes due hereunder. Each reference to the Administrative Agent in this Section 2.11 shall also be deemed to refer, and shall apply equally, (i) to the Swingline Lender, in the case of payments required to be made by the Borrower to the Swingline Lender and (ii) to the applicable LC Issuer, in the case of payments required to be made by the Borrower to such LC Issuer .

Appears in 4 contracts

Samples: Term Loan Credit Agreement (Walgreens Boots Alliance, Inc.), Term Loan Credit Agreement (Walgreens Boots Alliance, Inc.), Term Loan Credit Agreement (Walgreens Boots Alliance, Inc.)

Method of Payment. All Except to the extent that any Tax is required to be withheld or deducted under applicable Law, but subject to the provisions of Article III, all payments of the Obligations hereunder shall be made, without setoff, deduction, or counterclaim, in immediately available funds to the Administrative Agent at the Administrative Agent’s address specified pursuant to Article 13, or at any other Lending Installation of the Administrative Agent specified in writing by the Administrative Agent to the Borrower, by 12:00 noon Office on the date when due and shall (except for payments of Reimbursement Obligations for which the applicable LC Issuer has not received payments from the Lenders or as otherwise specifically required hereunder) be applied ratably by the Administrative Agent among the Lenders Lenders in accordance with their respective Pro Rata Shares. Each payment delivered to the Administrative Agent for the account of any Lender shall be delivered promptly by the Administrative Agent to such Lender in the same type of funds that the Administrative Agent received at its address specified pursuant to Article 13 or at any Lending Installation specified in a notice received by the Administrative Agent Agent’s Office from such Lender . The Administrative Agent is hereby authorized to charge any account of the Borrower maintained with Wells Fargo for each payment of principal, interest, Reimbursement Obligations and fees as it becomes due hereunder. Each reference to the Administrative Agent in this Section 2.11 shall also be deemed to refer, and shall apply equally, (i) to the Swingline Lender, in the case of payments required to be made by the Borrower to the Swingline Lender and (ii) to the applicable LC Issuer, in the case of payments required to be made by the Borrower to such LC Issuer .

Appears in 4 contracts

Samples: Credit Agreement (Great Plains Energy Inc), Credit Agreement (Great Plains Energy Inc), Amendment to Credit Agreement (Kansas City Power & Light Co)

Method of Payment. All payments of the Obligations principal, interest, fees, and commissions hereunder shall be made made in Dollars, without setoff, deduction, deduction or counterclaim counterclaim (unless indicated otherwise in Section 2.14(E)), in immediately available funds to the Administrative Agent at the Administrative Agent’s address specified pursuant to Article 13, XIV or at any other Lending Installation of the Administrative Agent specified in writing by the Administrative Agent to the Borrower, by 12:00 noon on 1:00 p.m. (Chicago time) the date when due preceding Business Day, and shall (except for payments of Reimbursement Obligations for which the applicable LC Issuer has not received payments from be made ratably among the Lenders or as otherwise specifically required hereunder) (unless such amount is not to be applied shared ratably by in accordance with the Administrative Agent among the Lenders terms hereof). Each payment delivered to the Administrative Agent for the account of any Lender shall be delivered promptly by the Administrative Agent to such Lender in the same type of funds that which the Administrative Agent received at its address specified pursuant to Article 13 XIV or at any Lending Installation specified in a notice received by the Administrative Agent from such Lender. Any payment owing by the Borrower to a Lender shall be deemed to have been paid to such Lender by the Borrower upon the Administrative Agent’s receipt of such payment from the Borrower. The Borrower authorizes the Administrative Agent is hereby authorized to charge any the account of the Borrower maintained with Wells Fargo JPMorgan Chase for each payment of principal, interest, Reimbursement Obligations fees, and fees commissions as it becomes due hereunder . Each reference to ; provided, that the Administrative Agent in this Section 2.11 shall also be deemed to refer, and shall apply equally, (i) to the Swingline Lender, in the case of payments required to be made by promptly notifies the Borrower to the Swingline Lender and (ii) to the applicable LC Issuer, in the case of payments required to be made by the Borrower to such LC Issuer thereof.

Appears in 3 contracts

Samples: Term Loan Credit Agreement (Woodward Governor Co), Term Loan Credit Agreement (Woodward Governor Co), Term Loan Credit Agreement (Woodward, Inc.)

Method of Payment. All payments of the principal, interest, fees, reimbursements, commissions, L/C Obligations and other Obligations hereunder shall be made, without setoff, deduction, deduction or counterclaim counterclaim (unless indicated otherwise in Section 2.14(E)), in immediately available funds to the Administrative Agent at the Administrative Agent ’s 's address specified pursuant to Article 13 XV, or at any other Lending Installation of the Administrative Agent applicable Issuing Bank specified in writing by such Issuing Bank to the applicable Borrower in connection with any Letter of Credit issued in an Agreed Currency other than Dollars. Each Advance shall be repaid or prepaid in Dollars in the amount equal to the amount borrowed and interest payable thereon shall also be paid in Dollars. Each L/C Obligation denominated in an Agreed Currency other than Dollars shall be repaid, and all interest and fees to be paid in respect thereof shall be paid, in the currency in which the related Letter of Credit was issued or, where such currency has converted to euro, in euro. All payments to be made by any Borrower hereunder in any currency other than Dollars shall be made in such currency on the date due in such funds as may then be customary for the settlement of international transactions in such currency for the account of the Administrative Agent to the Borrower or applicable Issuing Bank, by 12:00 noon on the date when due and shall (except as applicable, at its designated Lending Installation for payments of Reimbursement Obligations for which the applicable LC Issuer has not received payments from the Lenders or as otherwise specifically required hereunder) be applied ratably by the Administrative Agent among the Lenders such currency. Each payment delivered to the Administrative Agent for the account of any Lender shall be delivered promptly by the Administrative Agent to such Lender in the same type of funds that the Administrative Agent received at its address specified pursuant to Article 13 XV or at any Lending Installation specified in a notice received by the Administrative Agent from such Lender. The Administrative Agent is hereby authorized to charge any account of the applicable Borrower maintained with Wells Fargo Bank One or any of its Affiliates for each payment of principal, interest, Reimbursement Obligations interest and fees as it becomes due hereunder. Each reference to the Administrative Agent in this Section 2.11 shall also be deemed to refer, and shall apply equally, (i) to the Swingline Lender each Issuing Bank, in the case of payments required to be made by the any Borrower to the Swingline Lender and (ii) any Issuing Bank pursuant to the applicable LC Issuer, in the case of payments required to be made by the Borrower to such LC Issuer Article III.

Appears in 3 contracts

Samples: Chicago Bridge & Iron Co N V, Chicago Bridge & Iron Co N V, Chicago Bridge & Iron Co N V

Method of Payment. All payments of the principal, interest, fees, reimbursements, commissions, L/C Obligations and other Obligations hereunder shall be made, without setoff, deduction, deduction or counterclaim counterclaim (unless indicated otherwise in Section 2.15(E)), in immediately available funds to the Administrative Agent at the Administrative Agent’s address specified pursuant to Article 13 XIV, or at any other Lending Installation of the Administrative Agent specified in writing by the Administrative Agent to the Borrower, by 12:00 noon 1:00 p.m. (Chicago, Illinois time) on the date when due and shall (except for payments of Reimbursement Obligations for which the applicable LC Issuer has not received payments from be made ratably among the Lenders or as otherwise specifically required hereunder) (unless such amount is not to be applied shared ratably by in accordance with the Administrative Agent among the Lenders terms hereof). Each payment delivered to the Administrative Agent for the account of any Lender shall be delivered promptly by the Administrative Agent to such Lender in the same type of funds that the Administrative Agent received at its address specified pursuant to Article 13 XIV or at any Lending Installation specified in a notice received by the Administrative Agent from such Lender. The Borrower authorizes the Administrative Agent is hereby authorized to charge any the account of the Borrower maintained with Wells Fargo LaSalle for each payment of principal, interest, Reimbursement fees, commissions and L/C Obligations and fees as it becomes due hereunder. Each reference to the Administrative Agent in this Section 2.11 2.12 shall also be deemed to refer, and shall apply equally, (i) to the Swingline Lender each Issuing Bank, in the case of payments required to be made by the Borrower to the Swingline Lender and (ii) any Issuing Bank pursuant to the applicable LC Issuer, in the case of payments required to be made by the Borrower to such LC Issuer Article III.

Appears in 3 contracts

Samples: Credit Agreement (Alion Science & Technology Corp), Credit Agreement (Alion Science & Technology Corp), Credit Agreement (Alion Science & Technology Corp)

Method of Payment. All payments of the Obligations hereunder shall be made, without setoff, deduction, or counterclaim, in immediately available funds to the Administrative Agent at the Administrative Agent’s address specified pursuant to Article 13 XIII, or at any other Lending Installation of the Administrative Agent specified in writing by the Administrative Agent to the Borrower, by 12:00 noon (local time) on the date when due and shall (except for payments of Reimbursement Obligations for which the applicable LC Issuer has not received payments from the Lenders or as otherwise specifically required hereunder) be applied ratably by the Administrative Agent among the Lenders . As provided elsewhere herein, all Lenders’ interests in the Advances and the Loan Documents shall be ratable undivided interests and none of such Lenders’ interests shall have priority over the others. Each payment delivered to the Administrative Agent for the account of any Lender or amount to be applied or paid by the Administrative Agent to any Lender shall be delivered paid promptly (on the same day as received by the Administrative Agent if received prior to noon (local time) on such day and otherwise on the next Business Day) by the Administrative Agent to such Lender in the same type of funds that the Administrative Agent received at its address specified pursuant to Article 13 XIII or at any Lending Installation specified in a notice received by the Administrative Agent from such Lender. Payments received by the Administrative Agent but not timely funded to the Lenders shall bear interest payable by the Administrative Agent at the Federal Funds Effective Rate from the date due until the date paid. The Administrative Agent is hereby authorized to charge any the account of the Borrower maintained with Wells Fargo KeyBank for each payment of principal, interest, Reimbursement Obligations interest and fees as it becomes due hereunder . Each reference to the Administrative Agent in this Section 2.11 shall also be deemed to refer, and shall apply equally, (i) to the Swingline Lender, in the case of payments required to be made by the Borrower to the Swingline Lender and (ii) to the applicable LC Issuer, in the case of payments required to be made by the Borrower to such LC Issuer .

Appears in 3 contracts

Samples: Amended and Restated Senior Revolving Credit Agreement (Terreno Realty Corp), Senior Credit Agreement (Terreno Realty Corp), Senior Secured Term Loan Agreement (Terreno Realty Corp)

Method of Payment. All payments of the Obligations hereunder shall be made, without setoff, deduction, or counterclaim, in immediately available funds to the Administrative Agent at the Administrative Agent’s address specified pursuant to Article 13 XIII, or at any other Lending Installation of the Administrative Agent specified in writing by the Administrative Agent to the Borrower, by 12:00 noon (local time) on the date when due and shall (except for payments with respect to repayments of Reimbursement Obligations Swing Line Loans and except in the case of reimbursement obligations with respect to LC Disbursements for which the applicable LC Issuer has not received payments from been fully indemnified by the Lenders Lenders, or as otherwise specifically required hereunder) be applied ratably by the Administrative Agent among the applicable Lenders. Each payment delivered to the Administrative Agent for the account of any Lender shall be delivered promptly by the Administrative Agent to such Lender in the same type of funds that the Administrative Agent received at its address specified pursuant to Article 13 XIII or at any Lending Installation specified in a notice received by the Administrative Agent from such Lender. The Administrative Agent is hereby authorized to charge any account of the Borrower maintained with Wells Fargo for each payment of principal, interest, Reimbursement Obligations and fees as it becomes due hereunder. Each reference to the Administrative Agent in this Section 2.11 2.15 shall also be deemed to refer, and shall apply equally, (i) to the Swingline Lender, in the case of payments required to be made by the Borrower to the Swingline Lender and (ii) to the applicable LC Issuer, in the case of payments required to be made by the Borrower to such the LC Issuer Issuer pursuant to Section 2.22(v).

Appears in 3 contracts

Samples: Second Amended and Restated Credit Agreement (Moneygram International Inc), Second Amended and Restated Credit Agreement (Moneygram International Inc), Second Amended and Restated Credit Agreement (Moneygram International Inc)

Method of Payment. All payments of the Obligations hereunder shall be made, without setoff, deduction, or counterclaim, in immediately available funds to the Administrative Agent at the Administrative Agent’s address specified pursuant to Article 13 XIII, or at any other Lending Installation of the Administrative Agent specified in writing by the Administrative Agent to the Borrower, by 12:00 noon (local time) on the date when due and shall (except for payments of Reimbursement Obligations for which the applicable LC Issuer has not received payments from the Lenders or as otherwise specifically required hereunder) be applied ratably by the Administrative Agent among the Lenders . Each payment delivered to the Administrative Agent for the account of any Lender shall be delivered promptly by the Administrative Agent to such Lender in the same type of funds that the Administrative Agent received at its address specified pursuant to Article 13 or at any Lending Installation specified in a notice received by the Administrative Agent from such Lender. The Administrative Agent is hereby authorized to charge any account of the Borrower maintained with Wells Fargo for each payment of principal, interest, Reimbursement Obligations and fees as it becomes due hereunder. Each reference to the Administrative Agent in this Section 2.11 shall also be deemed to refer, and shall apply equally, (i) to the Swingline Lender, in the case of payments required to be made by the Borrower to the Swingline Lender and (ii) to the applicable LC Issuer, in the case of payments required to be made by the Borrower to such LC Issuer .

Appears in 3 contracts

Samples: Credit Agreement (Inland Real Estate Corp), Term Loan Agreement (Inland Real Estate Corp), Credit Agreement (Inland Real Estate Corp)

Method of Payment. All payments of the Obligations hereunder shall be made, without setoff, deduction, or counterclaim, in immediately available funds to the Administrative Agent at the Administrative Agent’s address specified pursuant to Article 13 XIV, or at any other Lending Installation of the Administrative Agent specified in writing by the Administrative Agent to the Borrower, by 12:00 noon (Chicago time) on the date when due and shall (except for payments of Reimbursement Obligations for which the applicable LC Issuer has not received payments from the Lenders or as otherwise specifically required hereunder) be applied ratably by the Administrative Agent among the Lenders Lenders in accordance with the class or type of Obligation being paid. Each payment delivered to the Administrative Agent for the account of any Lender shall be delivered promptly by the Administrative Agent to such Lender in the same type of funds that the Administrative Agent received at its such Lender’s address specified pursuant to Article 13 XIV or at any Lending Installation specified in a notice received by the Administrative Agent from such Lender promptly, which payment is expected to be made to such Lender by the close of business on the same Business Day received by Administrative Agent if received by noon (Chicago time) but shall in any event not be made to such Lender later than the next Business Day, provided that the Administrative Agent shall pay to each such Lender interest thereon, at the lesser of (i) the Federal Funds Effective Rate and (ii) the rate of interest applicable to such Loans, from the Business Day such funds are received by the Administrative Agent in immediately available funds (provided, if such funds are not received by the Administrative Agent by noon (Chicago time), such period shall commence on the Business Day immediately following the day such funds are received) until such funds are paid to each such Lender. The Administrative Agent is hereby authorized to charge any the account of the Borrower maintained with Wells Fargo Administrative Agent for each payment of principal, interest, Reimbursement any of the Obligations and fees as it becomes due hereunder . Each reference to the Administrative Agent in this Section 2.11 shall also be deemed to refer, and shall apply equally, (i) to the Swingline Lender, in the case of payments required to be made by the Borrower to the Swingline Lender and (ii) to the applicable LC Issuer, in the case of payments required to be made by the Borrower to such LC Issuer .

Appears in 3 contracts

Samples: Revolving Credit Agreement (Duke Realty Corp), Revolving Credit Agreement (Duke Realty Limited Partnership/), Term Loan Agreement (Duke Realty Limited Partnership/)

Method of Payment. All payments of the Obligations hereunder shall be made, without setoff , recoupment, deduction, or counterclaim, in immediately available funds to the Administrative Agent at the Administrative Agent ’s 's address specified pursuant to Article 13 XIII, or at any other Lending Installation of the Administrative Agent specified in writing by the Administrative Agent to the Borrower, by 12:00 noon 1:00 p.m. (New York time) on the date when due and shall (except for payments of Reimbursement Obligations for which the applicable LC Issuer has not received payments from the Lenders or as otherwise specifically required hereunder) be applied ratably remitted by the Administrative Agent among to the Lenders Lenders according to their respective interests therein. Each payment delivered to the Administrative Agent for the account of any Lender shall be delivered promptly by the Administrative Agent to such Lender in the same type of funds that the Administrative Agent received at its address specified pursuant to Article 13 XIII or at any Lending Installation specified in a notice received by the Administrative Agent from such Lender. The Administrative Agent is hereby authorized authorized, but is not obligated, to charge any account the accounts of the Borrower maintained with Wells Fargo Bank of America into which proceeds of Syndicated Advances are remitted pursuant to Section 2.6 for each payment of principal, interest, Reimbursement Obligations interest and fees as it becomes due hereunder . Each reference to the Administrative Agent in this Section 2.11 shall also be deemed to refer , and shall apply equally, (i) to the Swingline Lender for each payment of principal, in the case of payments required to be made by the Borrower to the Swingline Lender and (ii) to accordance with the applicable LC Issuer, Prepayment Notice or when otherwise due and payable in accordance with the case of payments required to be made by the Borrower to such LC Issuer terms hereof.

Appears in 3 contracts

Samples: Revolving Credit Agreement (TJX Companies Inc /De/), Revolving Credit Agreement (TJX Companies Inc /De/), TJX Companies Inc /De/

Method of Payment. All payments of the Obligations hereunder under this Agreement and the Related Documents shall be made, without setoff, deduction, or counterclaim, in immediately available funds to the Administrative Agent at the Administrative Agent’s address specified pursuant to Article 13 XIV, or at any other Lending Installation of the Administrative Agent specified in writing by the Administrative Agent to the Borrower, by 12:00 noon (New York City time) on the date when due and shall (except for payments of Reimbursement Obligations for which the applicable LC Issuer has not received payments from the Lenders or as otherwise specifically required hereunder) be applied ratably by the Administrative Agent among the Lenders. Each payment delivered to the Administrative Agent for the account of any Lender shall be delivered promptly by the Administrative Agent to such Lender in the same type of funds that the Administrative Agent received at its address specified pursuant to Article 13 XIV or at any Lending Installation specified in a notice received by the Administrative Agent from such Lender. The Administrative Agent is hereby authorized to charge any the account of the Borrower maintained with Wells Fargo U.S. Bank for each payment of principal, interest, Reimbursement Obligations and fees as it becomes due hereunder . Each reference to the Administrative Agent in this Section 2.11 shall also be deemed to refer, and shall apply equally, (i) to the Swingline Lender, in the case of payments required to be made by the Borrower to the Swingline Lender and (ii) to the applicable LC Issuer, in the case of payments required to be made by the Borrower to such LC Issuer .

Appears in 3 contracts

Samples: Credit Agreement (Independent Bank Group, Inc.), Credit Agreement (Independent Bank Group, Inc.), Definitive Agreement (Independent Bank Group, Inc.)

Method of Payment. Each Advance shall be repaid and each payment of interest thereon shall be paid in the currency in which such Advance was made or, where such currency has converted to euro, in euro. All payments of the Obligations hereunder shall be made, without setoff, deduction, or counterclaim, in immediately available funds to the Administrative Agent at (except as set forth in the next sentence) the Administrative Agent’s address specified pursuant to Article 13 XIII, or at any other Lending Installation of the Administrative Agent specified in writing by the Administrative Agent to the Borrower, by 12:00 noon (Local Time) on the date when due and shall (except for payments with respect to repayments of Swing Line Loans, and except in the case of Reimbursement Obligations for which the applicable any LC Issuer has not received payments from been fully indemnified by the Lenders Lenders, or as otherwise specifically required hereunder) be applied ratably by the Administrative Agent among the Lenders. All payments to be made by the Borrower hereunder in any currency other than Dollars shall be made in such currency on the date due in such funds as may then be customary for the settlement of international transactions in such currency for the account of the Administrative Agent, at its Eurocurrency Payment Office for such currency and shall be applied ratably by the Administrative Agent among the Lenders. Each payment delivered to the Administrative Agent for the account of any Lender shall be delivered promptly by the Administrative Agent to such Lender in the same type of funds that the Administrative Agent received at at, (a) with respect to Floating Rate Loans and Eurocurrency Loans denominated in Dollars, its address specified pursuant to Article 13 XIII or at any Lending Installation specified in a notice received by the Administrative Agent from such Lender Lender and (b) with respect to Eurocurrency Loans denominated in an Agreed Currency other than Dollars, in the funds received from the Borrower at the address of the Administrative Agent’s Eurocurrency Payment Office for such currency. The Administrative Agent is hereby authorized to charge any the account of the Borrower maintained with Wells Fargo BTMU for each payment of principal, interest, Reimbursement the Obligations and fees as it becomes due hereunder. Each reference to the Administrative Agent in this Section 2.11 2.13 shall also be deemed to refer, and shall apply equally, (i) to the Swingline Lender, LC Issuers in the case of payments required to be made by the Borrower to the Swingline Lender and (ii) LC Issuers pursuant to the applicable LC Issuer, in the case of payments required to be made by the Borrower to such LC Issuer Section 2.24.6.

Appears in 3 contracts

Samples: Amended and Restated Credit Agreement (Patterson Companies, Inc.), Amended and Restated Credit Agreement (Patterson Companies, Inc.), Credit Agreement (Patterson Companies, Inc.)

Method of Payment. Each Advance shall be repaid and each payment of interest thereon shall be paid in the currency in which such Advance was made. All payments of the Obligations hereunder under this Agreement and the other Loan Documents shall be made, without setoff, deduction, or counterclaim, in immediately available funds to the Administrative Agent at the Administrative Agent’s address specified pursuant to Article 13 ARTICLE XIII, or at any other Lending Installation of the Administrative Agent specified in writing by the Administrative Agent to the Borrower, by 12:00 noon 10:00 a.m. (Pacific time) on the date when due and shall (except for payments (i) with respect to repayments of Swing Line Loans, (ii) in the case of Reimbursement Obligations for which the applicable LC Issuer has Issuers have not received payments from been fully indemnified by the Lenders Lenders, or (iii) as otherwise specifically required hereunder) be applied ratably by the Administrative Agent among the Lenders. Each payment delivered to the Administrative Agent for the account of any Lender shall be delivered promptly by the Administrative Agent to such Lender in the same type of funds that the Administrative Agent received at its address specified pursuant to Article 13 XIII or at any Lending Installation specified in a notice received by the Administrative Agent from such Lender. The Administrative Agent is hereby authorized to charge any the account of the Borrower maintained with Wells Fargo U.S. Bank National Association for each payment of principal, interest, Reimbursement Obligations and fees as it becomes due hereunder. Each reference to the Administrative Agent in this Section 2.11 2.12 shall also be deemed to refer, and shall apply equally, (i) to the Swingline Lender LC Issuers, in the case of payments required to be made by the Borrower to the Swingline Lender and (ii) LC Issuers pursuant to the applicable LC Issuer, in the case of payments required to be made by the Borrower to such LC Issuer Section 2.19(f).

Appears in 3 contracts

Samples: Amended and Restated Credit Agreement (New Home Co Inc.), Credit Agreement (New Home Co Inc.), Second Modification Agreement (New Home Co Inc.)

Method of Payment. Each Advance shall be repaid and each payment of interest thereon shall be paid in the currency in which such Advance was made. All payments of the Obligations hereunder under this Agreement and the other Loan Documents shall be made, without setoff, deduction, or counterclaim, in immediately available funds to the Administrative Agent at the Administrative Agent’s address specified pursuant to Article 13 XIII, or at any other Lending Installation of the Administrative Agent specified in writing by the Administrative Agent to the Borrower, by 12:00 noon 10:00 a.m. (Pacific time) on the date when due and shall (except for payments (i) in the case of Reimbursement Obligations for which the applicable LC Issuer has Issuers have not received payments from been fully indemnified by the Lenders Lenders, or (ii) as otherwise specifically required hereunder) be applied ratably by the Administrative Agent among the Lenders . Unless otherwise specified by Borrower in writing in connection with a principal payment or as otherwise provided in Section 8.2, such principal payment shall be applied first to repay in full all outstanding Revolving Loans, with any excess applied to repay any outstanding Term Loans. Each payment delivered to the Administrative Agent for the account of any Lender shall be delivered promptly by the Administrative Agent to such Lender in the same type of funds that the Administrative Agent received at its address specified pursuant to Article 13 XIII or at any Lending Installation specified in a notice received by the Administrative Agent from such Lender. The Administrative Agent is hereby authorized to charge any the account of the Borrower maintained with Wells Fargo U.S. Bank for each payment of principal, interest, Reimbursement Obligations and fees as it becomes due hereunder. Each reference to the Administrative Agent in this Section 2.11 2.12 shall also be deemed to refer, and shall apply equally, (i) to the Swingline Lender LC Issuers, in the case of payments required to be made by the Borrower to the Swingline Lender and (ii) LC Issuers pursuant to the applicable LC Issuer, in the case of payments required to be made by the Borrower to such LC Issuer Section 2.19(f).

Appears in 3 contracts

Samples: Second Modification Agreement (Tri Pointe Homes, Inc.), Modification Agreement (Tri Pointe Homes, Inc.), Second Amended and Restated Credit Agreement (TRI Pointe Group, Inc.)

Method of Payment. Each Advance shall be repaid and each payment of interest thereon shall be paid in the currency in which such Advance was made. All payments of the Obligations hereunder under this Agreement and the other Loan Documents shall be made, without setoff, deduction, or counterclaim, in immediately available funds to the Administrative Designated Agent at the Administrative Designated Agent’s address specified pursuant to Article 13 XIII, or at any other Lending Installation of the Administrative Designated Agent specified in writing by the Administrative Designated Agent to the Borrower, by 12:00 noon (Eastern time) on the date when due and shall (except for payments (i) in the case of Reimbursement Obligations for which the applicable LC Issuer has Issuers have not received payments from been fully indemnified by the Lenders or (ii) as otherwise specifically required hereunder) be applied ratably by the Administrative Designated Agent among the Lenders. Each payment delivered to the Administrative Designated Agent for the account of any Lender shall be delivered promptly by the Administrative Designated Agent to such Lender in the same type of funds that the Administrative Designated Agent received at its address specified pursuant to Article 13 XIII or at any Lending Installation specified in a notice received by the Administrative Designated Agent from such Lender. The Administrative Designated Agent is hereby authorized to charge any the account of the Borrower maintained with Wells Fargo U.S. Bank for each payment of principal, interest, Reimbursement Obligations and fees as it becomes due hereunder. Each reference to the Administrative Designated Agent in this Section 2.11 2.12 shall also be deemed to refer, and shall apply equally, (i) to the Swingline Lender LC Issuers, in the case of payments required to be made by the Borrower to the Swingline Lender and (ii) LC Issuers pursuant to the applicable LC Issuer, in the case of payments required to be made by the Borrower to such LC Issuer Section 2.19(f).

Appears in 3 contracts

Samples: Amendment to Credit Agreement (M.D.C. Holdings, Inc.), Amendment to Credit Agreement (MDC Holdings Inc), Amendment to Credit Agreement (MDC Holdings Inc)

Method of Payment. All Except as otherwise expressly provided herein, all payments of the Obligations hereunder shall be made, without setoff, deduction, or counterclaim, in immediately available funds to the Administrative Agent at the Administrative Agent’s address specified pursuant to Article 13 XIII, or at any other Lending Installation of the Administrative Agent specified in writing by the Administrative Agent to the Borrower, by 12:00 noon noon, Charlotte time, on the date when due and shall (except for payments of Reimbursement Obligations for which the applicable LC Issuer has not received payments from the Lenders or as otherwise specifically required hereunder) be applied ratably by the Administrative Agent among the Lenders. Each payment delivered to the Administrative Agent for the account of any Lender shall be delivered promptly by the Administrative Agent to such Lender in the same type of funds that the Administrative Agent received at its address specified pursuant to Article 13 XIII or at any Lending Installation specified in a notice received by the Administrative Agent from such Lender. The Administrative Agent is hereby authorized to charge any the account of the Borrower maintained with Wells Fargo for each payment of principal, interest, Reimbursement Obligations interest and fees as it becomes due hereunder . Each reference to the Administrative Agent in this Section 2.11 shall also be deemed to refer, and shall apply equally, (i) to the Swingline Lender, in the case of payments required to be made by the Borrower to the Swingline Lender and (ii) to the applicable LC Issuer, in the case of payments required to be made by the Borrower to such LC Issuer .

Appears in 3 contracts

Samples: Credit Agreement (Sei Investments Co), Credit Agreement (Sei Investments Co), Credit Agreement (Sei Investments Co)

Method of Payment. Except as otherwise specified herein, all payments by the Borrower of principal, interest and its other Obligations shall be made in Dollars. All payments of the Obligations hereunder shall be made, without setoff, deduction, or counterclaim, in immediately available funds to the Administrative Agent at the Administrative Agent’s address specified pursuant to Article 13, or at any other Lending Installation of the Administrative Agent specified in writing by the Administrative Agent to the Borrower, by 12:00 noon 2:00 p.m. (New York time) on the date when due and shall (except for payments of Reimbursement Obligations for which the applicable LC Issuer has not received payments from the Lenders or as otherwise specifically required hereunder) be applied ratably by the Administrative Agent among the Lenders Lenders entitled thereto. Each payment delivered to the Administrative Agent for the account of any Lender shall be delivered promptly by the Administrative Agent to such Lender in the same type of funds that the Administrative Agent received at its such Lender’s address specified pursuant to Article 13 or at any Lending Installation specified in a notice received by the Administrative Agent from such Lender . The Administrative Agent is hereby authorized to charge any account of the Borrower maintained with Wells Fargo for each payment of principal, interest, Reimbursement Obligations and fees as it becomes due hereunder. Each reference to the Administrative Agent in this Section 2.11 shall also be deemed to refer, and shall apply equally, (i) to the Swingline Lender, in the case of payments required to be made by the Borrower to the Swingline Lender and (ii) to the applicable LC Issuer, in the case of payments required to be made by the Borrower to such LC Issuer .

Appears in 3 contracts

Samples: Bridge Term Loan Credit Agreement (Walgreens Boots Alliance, Inc.), Backstop Bridge Term Loan Credit Agreement (Walgreens Boots Alliance, Inc.), Term Loan Credit Agreement (Walgreens Boots Alliance, Inc.)

Method of Payment. Except as otherwise specified herein, all payments by the Borrower of principal, interest and its other Obligations shall be made, (i) with respect to Loans denominated in Dollars and the Aggregate Commitment, in Dollars, and (ii) with respect to Loans denominated in any Foreign Currency, in the applicable Foreign Currency in which such Loans are denominated. All payments of the Obligations hereunder shall be made, without setoff, deduction, or counterclaim, in immediately available funds to the Administrative Agent at the Administrative Agent’s address specified pursuant to Article 13 XIII, or at any other Lending Installation of the Administrative Agent specified in writing by the Administrative Agent to the Borrower, by 12:00 noon 2:00 p.m. (New York time), in the case of any payments made in Dollars, and not later than the Applicable Time, in the case of any payments made in a Foreign Currency, in each case, on the date when due and shall (except for payments of Reimbursement Obligations for which the applicable LC Issuer has not received payments from the Lenders or as otherwise specifically required hereunder) be applied ratably by the Administrative Agent among the Lenders Lenders entitled thereto. Each payment delivered to the Administrative Agent for the account of any Lender shall be delivered promptly by the Administrative Agent to such Lender in the same type of funds that the Administrative Agent received at its such Lender’s address specified pursuant to Article 13 XIII or at any Lending Installation specified in a notice received by the Administrative Agent from such Lender . The Administrative Agent is hereby authorized to charge any account of the Borrower maintained with Wells Fargo for each payment of principal, interest, Reimbursement Obligations and fees as it becomes due hereunder. Each reference to the Administrative Agent in this Section 2.11 shall also be deemed to refer, and shall apply equally, (i) to the Swingline Lender, in the case of payments required to be made by the Borrower to the Swingline Lender and (ii) to the applicable LC Issuer, in the case of payments required to be made by the Borrower to such LC Issuer .

Appears in 3 contracts

Samples: Revolving Credit Agreement (Walgreens Boots Alliance, Inc.), Revolving Credit Agreement (Walgreens Boots Alliance, Inc.), Revolving Credit Agreement (Walgreens Boots Alliance, Inc.)

Method of Payment. Except as otherwise specified herein, all payments by the Borrower of principal, interest, fees and its other Obligations shall be made in Dollars. All payments of the Obligations hereunder shall be made, without setoff, deduction, or counterclaim, in immediately available funds to the Administrative Agent at the Administrative Agent’s address specified pursuant to Article 13 XIII, or at any other Lending Installation of the Administrative Agent specified in writing by the Administrative Agent to the Borrower, by 12:00 noon 2:00 p.m. (New York time) on the date when due and shall (except for payments of Reimbursement Obligations for which the applicable LC Issuer has not received payments from the Lenders or as otherwise specifically required hereunder) be applied ratably by the Administrative Agent among the Lenders Lenders entitled thereto. Each payment delivered to the Administrative Agent for the account of any Lender shall be delivered promptly by the Administrative Agent to such Lender in the same type of funds that the Administrative Agent received at its such Lender’s address specified pursuant to Article 13 XIII or at any Lending Installation specified in a notice received by the Administrative Agent from such Lender . The Administrative Agent is hereby authorized to charge any account of the Borrower maintained with Wells Fargo for each payment of principal, interest, Reimbursement Obligations and fees as it becomes due hereunder. Each reference to the Administrative Agent in this Section 2.11 shall also be deemed to refer, and shall apply equally, (i) to the Swingline Lender, in the case of payments required to be made by the Borrower to the Swingline Lender and (ii) to the applicable LC Issuer, in the case of payments required to be made by the Borrower to such LC Issuer .

Appears in 3 contracts

Samples: Term Loan Credit Agreement (Walgreens Boots Alliance, Inc.), Revolving Credit Agreement (Walgreens Boots Alliance, Inc.), Revolving Credit Agreement (Walgreens Boots Alliance, Inc.)

Method of Payment. All payments of the Obligations principal, interest, and fees hereunder shall be made, without setoff, deduction, or counterclaim, made in immediately available funds to the Administrative Agent at the Administrative Agent ’s 's address specified pursuant to Article 13, XIII or at any other Lending Installation of the Administrative Agent specified in writing by the Administrative Agent to the Borrower, Company by 12:00 noon (local time) on the date when due. Subject to Section 8.1(b), each such payment shall be applied to any Advances and other amounts then due in accordance with the written instructions from the Company to the Administrative Agent before or accompanying such payment and shall (except for payments of Reimbursement Obligations for which the applicable LC Issuer has not received payments from the Lenders or as otherwise specifically required hereunder) be applied ratably by among those Banks for whom any payment is then due in proportion to the Administrative Agent among the Lenders type of Advance or other payment then due. Each payment delivered to the Administrative Agent for the account of any Lender Bank shall be delivered promptly by the Administrative Agent to such Lender Bank in the same type of funds that which the Administrative Agent received at its address specified pursuant to Article 13 XIII or at any Lending Installation specified in a notice received by the Administrative Agent from such Lender Bank. The Administrative Agent is hereby authorized to charge any the account of the Borrower maintained with Wells Fargo Company at the office of the Administrative Agent for each payment of principal, interest, Reimbursement Obligations interest and fees as it becomes due hereunder . Each reference to the Administrative Agent in this Section 2.11 shall also be deemed to refer, and shall apply equally, (i) to the Swingline Lender, in the case of payments required to be made by the Borrower to the Swingline Lender and (ii) to the applicable LC Issuer, in the case of payments required to be made by the Borrower to such LC Issuer .

Appears in 2 contracts

Samples: Cordant Technologies Inc, Cordant Technologies Inc

Method of Payment. All payments of the Obligations principal, interest, and fees hereunder shall be made, without setoff, deduction, deduction or counterclaim, in immediately available funds to the Administrative Agent at the Administrative Agent ’s 's address specified pursuant to Article 13 ARTICLE XIV, or at any other Lending Installation of the Administrative Agent specified in writing by the Administrative Agent to the Borrower, by (x) 1:00 p.m. (Chicago time) with respect to each Swing Line Loan and (y) 12:00 noon (Chicago time) with respect to all other Loans, in each case, on the date when due and shall (except for payments of Reimbursement Obligations for which the applicable LC Issuer has not received payments from the Lenders or as otherwise specifically required hereunder) be applied made ratably by the Administrative Agent among the Swing Line Banks and the Lenders , as applicable (unless such amount is not to be shared ratably in accordance with the terms hereof). Each payment delivered to the Administrative Agent for the account of any Lender shall be delivered promptly by the Administrative Agent to such Lender in the same type of funds that which the Administrative Agent received at its address specified pursuant to Article 13 ARTICLE XIV or at any Lending Installation specified in a notice received by the Administrative Agent from such Lender. The Borrower authorizes the Administrative Agent is hereby authorized to charge any the account of the Borrower maintained with Wells Fargo First Chicago for each payment of principal, interest, Reimbursement Obligations interest and fees as it becomes due hereunder . Each reference to the Administrative Agent in this Section 2.11 shall also be deemed to refer, and shall apply equally, (i) to the Swingline Lender, in the case of payments required to be made by the Borrower to the Swingline Lender and (ii) to the applicable LC Issuer, in the case of payments required to be made by the Borrower to such LC Issuer .

Appears in 2 contracts

Samples: Ball Corp, Ball Corp

Method of Payment. All payments of the Obligations principal, interest, and fees hereunder with respect to each Facility shall be made, without setoff, deduction, or counterclaim, in immediately available funds to the Administrative Agent at the Administrative Agent’s address specified pursuant to Article 13 XIII, or at any other Lending Installation of the Administrative Agent specified in writing by the Administrative Agent to the Borrower, by 12:00 noon 1:00 p.m. (Chicago time) on the date when due and shall (except for payments of Reimbursement Obligations for which the applicable LC Issuer has not received payments from the Lenders or as otherwise specifically required hereunder) be applied made ratably by the Administrative Agent among the Lenders Lenders of such Facility with respect to their Loans. Each payment delivered to the Administrative Agent for the account of any Lender shall be delivered promptly by the Administrative Agent to such Lender in the same type of funds that which the Administrative Agent received at its address specified pursuant to Article 13 XIII or at any Lending Installation specified in a notice received by the Administrative Agent from such Lender. The Administrative Agent is hereby authorized to charge any account of the Borrower maintained with Wells Fargo Bank One for each payment of principal, interest, Reimbursement Obligations interest and fees as it becomes due hereunder. Each reference The Administrative Agent shall endeavor in good faith to provide telephonic notice to Borrower prior to any such charge, but the Administrative Agent in this Section 2.11 shall also not be deemed liable to refer, Borrower or any other Person if Administrative Agent fails to provide any such notice. If and shall apply equally, (i) to the Swingline Lender, in the case of payments required extent payment owed to be any Lender is not made by the Borrower to the Swingline Lender and (ii) to the applicable LC Issuer Administrative Agent or that Lender, in as the case may be, when due hereunder or under the Note held by that Lender, the Borrower further authorizes such Lender to charge from time to time against any or all of payments required to be made the accounts maintained by the Borrower with the Lender, its subsidiaries, affiliates or branches any amount so due, subject to such LC Issuer the provisions of Article XI.

Appears in 2 contracts

Samples: Credit Agreement (Lennar Corp /New/), Credit Agreement (Lennar Corp /New/)

Method of Payment. All payments of the principal, interest, fees, commissions and L/C Obligations hereunder shall be made, without setoff, deduction, deduction or counterclaim, in immediately available funds to the Administrative Agent at the Administrative Agent’s address specified pursuant to Article 13 XIV, or at any other Lending Installation of the Administrative Agent specified in writing by the Administrative Agent to the Borrower, by 12:00 noon 2:00 p.m. (Chicago time) on the date when due and shall (except for payments of Reimbursement Obligations for which the applicable LC Issuer has not received payments from be made ratably among the Lenders or as otherwise specifically required hereunder) (unless such amount is not to be applied shared ratably by in accordance with the Administrative Agent among the Lenders terms hereof). Each payment delivered to the Administrative Agent for the account of any Lender shall be delivered promptly by the Administrative Agent to such Lender in the same type of funds that which the Administrative Agent received at its address specified pursuant to Article 13 XIV or at any Lending Installation specified in a notice received by the Administrative Agent from such Lender. The Borrower authorizes the Administrative Agent is hereby authorized to charge any the account of the Borrower maintained with Wells Fargo JPMorgan for each payment of principal, interest, Reimbursement fees, commissions and L/C Obligations and fees as it becomes due hereunder. Each reference to the Administrative Agent in this Section 2.11 shall also be deemed to refer, and shall apply equally, (i) to the Swingline Lender, in the case of payments required to be made by the Borrower to the Swingline Lender and (ii) to the applicable LC Issuer each Issuing Bank, in the case of payments required to be made by the Borrower to such LC Issuer Issuing Bank pursuant to Article III.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Energizer Holdings Inc), Amended and Restated Revolving Credit Agreement (Energizer Holdings Inc)

Method of Payment. All payments of the principal, interest, fees, commissions and L/C Obligations hereunder shall be made, without setoff, deduction, deduction or counterclaim, in immediately available funds to the Administrative Agent at the Administrative Agent’s address specified pursuant to Article 13 ‎Section 10.17, or at any other Lending Installation of the Administrative Agent specified in writing by the Administrative Agent to the Borrower, by 12:00 noon 2:00 p.m. (New York City time) on the date when due and shall (except for payments of Reimbursement Obligations for which the applicable LC Issuer has not received payments from be made ratably among the Lenders or as otherwise specifically required hereunder) (unless such amount is not to be applied shared ratably by in accordance with the Administrative Agent among the Lenders terms hereof). Each payment delivered to the Administrative Agent for the account of any Lender shall be delivered promptly by the Administrative Agent to such Lender in the same type of funds that which the Administrative Agent received at its address specified pursuant to Article 13 ‎Section 10.17 or at any Lending Installation specified in a notice received by the Administrative Agent from such Lender . The Administrative Agent is hereby authorized to charge any account of the Borrower maintained with Wells Fargo for each payment of principal, interest, Reimbursement Obligations and fees as it becomes due hereunder . Each reference to the Administrative Agent in this Section 2.11 shall also be deemed to refer, and shall apply equally, (i) to the Swingline Lender, in the case of payments required to be made by the Borrower to the Swingline Lender and (ii) to the applicable LC Issuer each Issuing Bank, in the case of payments required to be made by the Borrower to such LC Issuer Issuing Bank pursuant to Article 3.

Appears in 2 contracts

Samples: Refinancing Amendment (Inovalon Holdings, Inc.), Credit Agreement (Inovalon Holdings, Inc.)

Method of Payment. All payments of the principal, interest, fees, reimbursements, commissions, L/C Obligations and other Obligations hereunder shall be made, without setoff, deduction, deduction or counterclaim counterclaim (unless indicated otherwise in Section 2.15(E)), in immediately available funds to the Administrative Agent at the Administrative Agent ’s 's address specified pursuant to Article 13 XIV, or at any other Lending Installation of the Administrative Agent specified in writing by the Administrative Agent to the Borrower, by 12:00 noon 1:00 p.m. (Chicago, Illinois time) on the date when due and shall (except for payments of Reimbursement Obligations for which the applicable LC Issuer has not received payments from be made ratably among the Lenders or as otherwise specifically required hereunder) (unless such amount is not to be applied shared ratably by in accordance with the Administrative Agent among the Lenders terms hereof). Each payment delivered to the Administrative Agent for the account of any Lender shall be delivered promptly by the Administrative Agent to such Lender in the same type of funds that the Administrative Agent received at its address specified pursuant to Article 13 XIV or at any Lending Installation specified in a notice received by the Administrative Agent from such Lender. The Borrower authorizes the Administrative Agent is hereby authorized to charge any the account of the Borrower maintained with Wells Fargo LaSalle for each payment of principal, interest, Reimbursement fees, commissions and L/C Obligations and fees as it becomes due hereunder. Each reference to the Administrative Agent in this Section 2.11 2.12 shall also be deemed to refer, and shall apply equally, (i) to the Swingline Lender each Issuing Bank, in the case of payments required to be made by the Borrower to the Swingline Lender and (ii) any Issuing Bank pursuant to the applicable LC Issuer, in the case of payments required to be made by the Borrower to such LC Issuer Article III.

Appears in 2 contracts

Samples: Alion Science & Technology Corp, Alion Science & Technology Corp

Method of Payment. All payments of the Obligations ----------------- hereunder shall be made, without setoff, deduction, or counterclaim, in immediately available funds to the Administrative Agent at the Administrative Agent ’s 's address specified pursuant to Article 13 9, or at any other Lending Installation of the Administrative Agent specified in writing by the Administrative Agent to the Borrower, by 12:00 noon 1:00 p.m. (local time at the Lending Installation) on the date when due due, and shall (except for payments of Reimbursement Obligations for which the applicable Administrative Agent will promptly distribute to the Swing Line Lender, the LC Issuer has not and/or the Lenders, as the case may be, their respective portions of each such payment received payments from the Lenders or as otherwise specifically required hereunder) be applied ratably by the Administrative Agent among for the account of the Swing Line Lender, LC Issuer, or the Lenders , as the case may be; provided, however, that if on any date the Borrower shall pay less than the full amount of its Obligations owing to the Lenders on such date, such payment shall be distributed to the Lenders ratably based upon the ratio that the aggregate amount of such Obligations owing to each such Lender on such date bears to the aggregate amount of such Obligations owing to all the Lenders on such date. Each payment delivered to the Administrative Agent for the account of any Lender the Swing Line Lender, LC Issuer, or the Lenders, as the case may be, shall be delivered promptly by the Administrative Agent to such Lender Person in the same type of funds that the Administrative Agent received at its address specified pursuant to Article 13 9 or at any Lending Installation specified in a notice received by the Administrative Agent from such Lender Person. The Administrative Agent is hereby authorized to charge any account the respective accounts of the Borrower maintained with Wells Fargo Bank One for each payment of principal, interest, Reimbursement Obligations, fees and other Obligations and fees as it becomes due hereunder. Each reference to the Administrative Agent in this Section 2.11 2.12 shall also be deemed to refer, and shall apply equally, (i) to the Swingline Lender, in the case of payments required to be made by the Borrower to the Swingline Lender and (ii) to the applicable LC Issuer, in the case of payments required to be made by the Borrower to such the LC Issuer Issuer pursuant to Section 2.4(f).

Appears in 2 contracts

Samples: Global Payments Inc, National Data Corp

Method of Payment. All payments of the Obligations hereunder (except with respect to principal of, interest on, and other amounts relating to, Advances denominated in a Committed Currency) shall be made made by the applicable Borrower, without setoff, deduction, deduction or counterclaim, in immediately available funds to the Administrative Agent at the Administrative Agent’s address specified pursuant to Article 13 XIII, or at any other Lending Installation of the Administrative Agent specified in writing by the Administrative Agent to the Borrower Borrowers, by 12:00 noon p.m. (New York time) on the date when due in Dollars and shall (except for payments of Reimbursement Obligations for which the applicable LC Issuer has not received payments from the Lenders or as otherwise specifically required hereunder) be applied ratably by the Administrative Agent among the Lenders Lenders entitled to such payments. All payments of principal of, interest on, and other amounts relating to, Advances denominated in a Committed Currency shall be made by the applicable Borrower, without setoff, deduction or counterclaim, in immediately available funds to the Administrative Agent at the Payment Office for such Committed Currency, by 12:00 p.m. (New York time) on the date when due in the applicable Committed Currency and shall be applied ratably by the Administrative Agent among the Lenders entitled to such payments. Each payment delivered to the Administrative Agent for the account of any Lender shall be delivered promptly by the Administrative Agent to such Lender in the same type of funds that the Administrative Agent received at its address specified pursuant to Article 13 XIII or at any Lending Installation specified in a notice received by the Administrative Agent from such Lender. The Administrative Agent is hereby authorized to charge any the account of the each Borrower maintained with Wells Fargo Citibank for each payment of principal, interest, Reimbursement Obligations interest and fees owing by such Borrower as it becomes due hereunder . Each reference to the Administrative Agent in this Section 2.11 shall also be deemed to refer, and shall apply equally, (i) to the Swingline Lender, in the case of payments required to be made by the Borrower to the Swingline Lender and (ii) to the applicable LC Issuer, in the case of payments required to be made by the Borrower to such LC Issuer .

Appears in 2 contracts

Samples: Credit Agreement (Aon PLC), Credit Agreement (Aon PLC)

Method of Payment. All payments of the Obligations hereunder shall be made, without setoff set-off, deduction, or counterclaim, in immediately available funds to the Administrative Agent at the Administrative Agent’s address specified pursuant to Article 13 herein, or at any other Lending Installation of the Administrative Agent specified in writing by the Administrative Agent to the Borrower, by 12:00 noon (local time) on the date when due and shall (except for payments of Reimbursement Obligations for which the applicable LC Issuer has not received payments from the Lenders or as otherwise specifically required hereunder) be applied ratably by the Administrative Agent among the Lenders. Each payment delivered to the Administrative Agent for the account of any Lender shall be delivered promptly by the Administrative Agent to such Lender in the same type of funds that the Administrative Agent received at its address specified pursuant to Article 13 herein or at any Lending Installation specified in a notice received by the Administrative Agent from such Lender. The Payments not made by Administrative Agent within one Business Day after receipt shall accrue interest at Federal Funds Effective Rate. Administrative Agent is hereby authorized to charge any the account of the Borrower maintained with Wells Fargo JPMCB for each payment of principal, interest, Reimbursement Obligations interest and fees as it becomes due hereunder . Each reference to the Administrative Agent in this Section 2.11 shall also be deemed to refer, and shall apply equally, (i) to the Swingline Lender, in the case of payments required to be made by the Borrower to the Swingline Lender and (ii) to the applicable LC Issuer, in the case of payments required to be made by the Borrower to such LC Issuer .

Appears in 2 contracts

Samples: Unsecured Revolving Credit Agreement (First Industrial Realty Trust Inc), Unsecured Term Loan Agreement (First Industrial Realty Trust Inc)

Method of Payment. All payments of the Obligations hereunder shall be made, without setoff, deduction, deduction or counterclaim, in immediately available funds to the Administrative Agent at the Administrative Agent’s address specified pursuant to Article 13, or at any other Lending Installation of the Administrative Agent specified in writing by the Administrative Agent to the Borrower, by 12:00 noon 10:00 a.m. (Los Angeles time) on the date when due and shall (except for payments in the case of Reimbursement Obligations for which the applicable either LC Issuer has not received payments from been fully indemnified by the Lenders Lenders, or as otherwise specifically required hereunder) be applied ratably by the Administrative Agent among the Lenders. Each payment delivered to the Administrative Agent for the account of any Lender shall be delivered promptly by the Administrative Agent to such Lender in the same type of funds that as the Administrative Agent received at its such Lender’s address specified pursuant to Article 13 or at any Lending Installation specified in a notice received by the Administrative Agent from such Lender. The Administrative Agent is hereby authorized to charge any account of the Borrower maintained with Wells Fargo for each payment of principal, interest, Reimbursement Obligations and fees as it becomes due hereunder. Each reference to the Administrative Agent in this Section 2.11 2.9 shall also be deemed to refer, and shall apply equally, (i) to the Swingline Lender, in the case of payments required to be made by the Borrower to the Swingline Lender and (ii) to the applicable each LC Issuer, in the case of payments required to be made by the Borrower to such LC Issuer Issuer pursuant to 2.16.6.

Appears in 2 contracts

Samples: Credit Agreement (Puget Energy Inc /Wa), Credit Agreement (Puget Energy Inc /Wa)

Method of Payment. All payments of the Obligations hereunder shall be made, without setoff, deduction, deduction or counterclaim, in immediately available funds to the Administrative Agent at the Administrative Agent’s address specified pursuant to Article 13, or at any other Lending Installation of the Administrative Agent specified in writing by the Administrative Agent to the Borrower, by 12:00 noon 1:00 p.m. (New York time) on the date when due and shall (except for payments in the case of (i) Reimbursement Obligations for which the applicable any LC Issuer has not received payments from been fully indemnified by the Lenders Lenders, or as otherwise specifically required hereunder hereunder or (ii) Swingline Loans for which the Swingline Lender has not been reimbursed as provided herein) be applied ratably by the Administrative Agent among the Lenders. Each payment delivered to the Administrative Agent for the account of any Lender shall be delivered promptly by the Administrative Agent to such Lender in the same type of funds that as the Administrative Agent received at its such Lender’s address specified pursuant to Article 13 or at any Lending Installation specified in a notice received by the Administrative Agent from such Lender. The Administrative Agent is hereby authorized to charge any account of the Borrower maintained with Wells Fargo for each payment of principal, interest, Reimbursement Obligations and fees as it becomes due hereunder. Each reference to the Administrative Agent in this Section 2.11 2.9 shall also be deemed to refer, and shall apply equally, to ( i a) each LC Issuer, in the case of payments required to be made by the Borrower to such LC Issuer pursuant to 2.16.6 and (b) the Swingline Lender, in the case of payments required to be made by the Borrower to the Swingline Lender and (ii) pursuant to the applicable LC Issuer, in the case of payments required to be made by the Borrower to such LC Issuer Section 2.18.

Appears in 2 contracts

Samples: Amended and Restated Credit Agreement (Puget Sound Energy Inc), Puget Sound Energy Inc

Method of Payment. All payments of the Obligations hereunder shall be made, without setoff, deduction, deduction or counterclaim, in immediately available funds to the Administrative Agent at the Administrative Agent’s address specified pursuant to Article 13 XIII, or at any other Lending Installation of the Administrative Agent specified in writing by the Administrative Agent to the Borrower, by 12:00 noon 1:00 p.m. (New York time) on the date when due and shall (except for payments of Reimbursement Obligations for which the applicable LC Issuer has not received payments from the Lenders or as otherwise specifically required hereunder) be applied ratably by the Administrative Agent among the Lenders. Each payment delivered to the Administrative Agent for the account of any Lender shall be delivered promptly by the Administrative Agent to such Lender in the same type of funds that the Administrative Agent received at its address specified pursuant to Article 13 XIII or at any Lending Installation specified in a notice received by the Administrative Agent from such Lender. The Administrative Agent is hereby authorized to charge any the account of the Borrower maintained with Wells Fargo JPMCB for each payment of principal, interest, Reimbursement Obligations interest and fees as it becomes due hereunder . Each reference to the Administrative Agent in this Section 2.11 shall also be deemed to refer, and shall apply equally, (i) to the Swingline Lender, in the case of payments required to be made by the Borrower to the Swingline Lender and (ii) to the applicable LC Issuer, in the case of payments required to be made by the Borrower to such LC Issuer .

Appears in 2 contracts

Samples: Credit Agreement (Wrigley Wm Jr Co), Credit Agreement (Wrigley Wm Jr Co)

Method of Payment. All payments of the Obligations hereunder shall be made, without setoff, deduction, deduction or counterclaim, in immediately available funds to the Administrative Agent at the Administrative Agent’s address specified pursuant to Article 13 XIII, or at any other Lending Installation of the Administrative Agent specified in writing by the Administrative Agent to the Borrower, by 12:00 noon (New York time) on the date when due and shall (except for payments of Reimbursement Obligations for which the applicable LC Issuer has not received payments from the Lenders or as otherwise specifically required hereunder) be applied ratably by the Administrative Agent among the Lenders Lenders entitled to such payments. Each payment delivered to the Administrative Agent for the account of any Lender shall be delivered promptly by the Administrative Agent to such Lender in the same type of funds that the Administrative Agent received at its address specified pursuant to Article 13 XIII or at any Lending Installation specified in a notice received by the Administrative Agent from such Lender. The Administrative Agent is hereby authorized to charge any the account of the Borrower maintained with Wells Fargo Citibank for each payment of principal, interest, Reimbursement Obligations interest and fees as it becomes due hereunder . Each reference to the Administrative Agent in this Section 2.11 shall also be deemed to refer, and shall apply equally, (i) to the Swingline Lender, in the case of payments required to be made by the Borrower to the Swingline Lender and (ii) to the applicable LC Issuer, in the case of payments required to be made by the Borrower to such LC Issuer .

Appears in 2 contracts

Samples: Credit Agreement (Aon Corp), Credit Agreement (Aon Corp)

Method of Payment. All payments of the Obligations hereunder shall be made, without setoff, deduction, or counterclaim, in immediately available funds and in the appropriate currency to the Administrative Agent at the Administrative Agent ’s 's address specified pursuant to Article 13 XIII, or at any other Lending Installation of the Administrative Agent specified in writing by the Administrative Agent to the Borrower, by 12:00 noon (Chicago time) on the date when due and shall (except for payments of Reimbursement Obligations for which the applicable LC Issuer has not received payments from the Lenders or as otherwise specifically required hereunder) be applied ratably by the Administrative Agent among the Lenders. Each payment delivered to the Administrative Agent for the account of any Lender shall be delivered promptly by the Administrative Agent to such Lender in the same type of funds that the Administrative Agent received at its address specified pursuant to Article 13 XIII or at any Lending Installation specified in a notice received by the Administrative Agent from such Lender . The Administrative Agent is hereby authorized to charge any account of the Borrower maintained with Wells Fargo for each payment of principal, interest, Reimbursement Obligations and fees as it becomes due hereunder. Each reference to the Administrative Agent in this Section 2.11 shall also be deemed to refer, and shall apply equally, (i) to the Swingline Lender, in the case of payments required to be made by the Borrower to the Swingline Lender and (ii) to the applicable LC Issuer, in the case of payments required to be made by the Borrower to such LC Issuer .

Appears in 2 contracts

Samples: Dynegy Inc, Dynegy Inc

Method of Payment. All payments of the Obligations hereunder shall be made, without setoff, deduction, or counterclaim, in immediately available funds to the Administrative Agent at the Administrative Agent ’s address 's account specified pursuant to Article 13 ARTICLE XIV, or at any other Lending Installation of the Administrative Agent specified in writing by the Administrative Agent to the Borrower, by 12:00 noon (Chicago time) on the date when due and shall (except for payments of Reimbursement Obligations for which the applicable LC Issuer has not received payments from the Lenders or as otherwise specifically required hereunder) be applied ratably by the Administrative Agent among the Lenders. Each payment delivered to the Administrative Agent for the account of any Lender shall be delivered promptly by the Administrative Agent to such Lender in the same type of funds that the Administrative Agent received at its address account specified pursuant to Article 13 ARTICLE XIV or at any Lending Installation specified in a notice received by the Administrative Agent from such Lender Lender promptly. If any payment received by the Administrative Agent is not delivered to a Lender by the closing of business on the same Business Day as received by the Administrative Agent (with respect to payments received by 2:00 p.m., Chicago time) or the next Business Day (with respect to payments received after 2:00 p.m., Chicago time), Lender shall receive from the Administrative Agent interest at the Federal Funds Effective Rate on the payment. The Administrative Agent is hereby authorized to charge any the specific account of the Borrower Borrower, if any, maintained with Wells Fargo First Chicago for such purpose, for each payment of principal, interest, Reimbursement Obligations interest and fees as it becomes due hereunder. Each reference The Borrower shall not have any liability to any Lender for the failure of the Administrative Agent in this Section 2.11 to promptly deliver funds to any such Lender and shall also be deemed to refer, and shall apply equally, (i) to have made all such payments on the Swingline Lender, in date the case of payments required to be respective payment is made by the Borrower to the Swingline Lender and (ii) to the applicable LC Issuer, in the case of payments required to be made Administrative Agent provided that it is received by the Borrower to such LC Issuer Administrative Agent no later than the time specified in this SECTION 2.16.

Appears in 2 contracts

Samples: Unsecured Revolving Credit Agreement (Centerpoint Properties Trust), Unsecured Revolving Credit Agreement (Centerpoint Properties Trust)

Method of Payment. All payments of the Obligations hereunder shall be made, without setoff, deduction, or counterclaim, in immediately available funds to the Administrative Agent at the Administrative Agent ’s 's address specified pursuant to Article 13 ARTICLE XIV, or at any other Lending Installation of the Administrative Agent specified in writing by the Administrative Agent to the Borrower, by 12:00 noon (local time) on the date when due and shall (except for payments of Reimbursement Obligations for which the applicable LC Issuer has not received payments from the Lenders or as otherwise specifically required hereunder) be applied ratably by the Administrative Agent among the Lenders Lenders in accordance with the class or type of Obligation being paid. Each payment delivered to the Administrative Agent for the account of any Lender shall be delivered promptly by the Administrative Agent to such Lender in the same type of funds that the Administrative Agent received at its address specified pursuant to Article 13 ARTICLE XIV or at any Lending Installation specified in a notice received by the Administrative Agent from such Lender Lender promptly, which is expected to be by the close of business on the same Business Day received by Administrative Agent if received by noon (local time) but shall in any event not be later than the next Business Day, PROVIDED that the Administrative Agent shall pay to such Lenders interest thereon, at the lesser of (i) the Federal Funds Effective Rate and (ii) the rate of interest applicable to such Loans, from the Business Day such funds are received by the Administrative Agent in immediately available funds (PROVIDED, if such funds are not received by the Administrative Agent by noon (local time), such period shall commence on the Business Day immediately following the day such funds are received) until such funds are paid to such Lenders. The Administrative Agent is hereby authorized to charge any the account of the Borrower maintained with Wells Fargo First Chicago for each payment of principal, interest, Reimbursement Obligations interest and fees as it becomes due hereunder . Each reference to the Administrative Agent in this Section 2.11 shall also be deemed to refer, and shall apply equally, (i) to the Swingline Lender, in the case of payments required to be made by the Borrower to the Swingline Lender and (ii) to the applicable LC Issuer, in the case of payments required to be made by the Borrower to such LC Issuer .

Appears in 2 contracts

Samples: Amended and Restated Revolving Credit Agreement (Duke Weeks Realty Limited Partnership), Revolving Credit Agreement (Duke Weeks Realty Limited Partnership)

Method of Payment. All payments of the Obligations hereunder shall be made, without setoff, deduction, or counterclaim, in immediately available funds to the Administrative Agent at the Administrative Agent ’s 's address specified pursuant to Article 13, or at any other Lending Installation of the Administrative Agent specified in writing by the Administrative Agent to the Borrower, by 12:00 noon (local time) on the date when due and shall (except for payments of Reimbursement Obligations for which the applicable LC Issuer has not received payments from the Lenders or as otherwise specifically required hereunder) be applied ratably by the Administrative Agent among the Lenders. Each payment delivered to the Administrative Agent for the account of any Lender shall be delivered promptly by the Administrative Agent to such Lender in the same type of funds that the Administrative Agent received at its address specified pursuant to Article 13 or at any Lending Installation specified in a notice received by the Administrative Agent from such Lender. The Administrative Agent is hereby authorized to charge any account of the Borrower maintained with Wells Fargo Wachovia for each payment of principal, interest, Reimbursement Obligations and fees as it becomes due hereunder. Each reference to the Administrative Agent in this Section 2.11 shall also be deemed to refer, and shall apply equally, (i) to the Swingline Lender, in the case of payments required to be made by the Borrower to the Swingline Lender and (ii) to the applicable LC Issuer, in the case of payments required to be made by the Borrower to such LC Issuer.

Appears in 2 contracts

Samples: Credit Agreement (Idaho Power Co), Credit Agreement (Idaho Power Co)

Method of Payment. All payments of the Obligations hereunder shall be made, without setoff, deduction, or counterclaim, in immediately available funds to the Administrative Agent at the Administrative Agent ’s 's address specified pursuant to Article 13, or at any other Lending Installation of the Administrative Agent specified in writing by the Administrative Agent to the Borrower, by 12:00 noon (local time) on the date when due and shall (except for payments of Reimbursement Obligations for which the applicable LC Issuer has not received payments from the Lenders or as otherwise specifically required hereunder) be applied ratably by the Administrative Agent among the Lenders. Each payment delivered to the Administrative Agent for the account of any Lender shall be delivered promptly by the Administrative Agent to such Lender in the same type of funds that the Administrative Agent received at its address specified pursuant to Article 13 or at any Lending Installation specified in a notice received by the Administrative Agent from such Lender. The Administrative Agent is hereby authorized to charge any account of the Borrower maintained with Wells Fargo Wachovia for each payment of principal, interest, Reimbursement Obligations and fees as it becomes due hereunder. Each reference to the Administrative Agent in this Section 2.11 shall also be deemed to refer, and shall apply equally, (i) to the Swingline Lender, in the case of payments required to be made by the Borrower to the Swingline Lender and (ii) to the applicable LC Issuer, in the case of payments required to be made by the Borrower to such LC Issuer.

Appears in 2 contracts

Samples: Credit Agreement (Idaho Power Co), Credit Agreement (Idaho Power Co)

Method of Payment. All payments of the Obligations hereunder shall be made, without setoff, deduction, or counterclaim, in immediately available funds to the Administrative Agent at the Administrative Agent ’s 's address specified pursuant to Article 13 XIII, or at any other Lending Installation of the Administrative Agent specified in writing by the Administrative Agent to the Borrower, by 12:00 noon (Salt Lake City, Utah time) on the date when due and shall (except for payments with respect to repayments of Swing Line Loans, and except in the case of Reimbursement Obligations for which the applicable LC Issuer has not received payments from been fully indemnified by the Lenders Lenders, or as otherwise specifically required hereunder) be applied ratably by the Administrative Agent among the Lenders. Each payment delivered to the Administrative Agent for the account of any Lender shall be delivered promptly by the Administrative Agent to such Lender in the same type of funds that the Administrative Agent received at its address specified pursuant to Article 13 XIII or at any Lending Installation specified in a notice received by the Administrative Agent from such Lender. The Administrative Agent is hereby authorized to charge any the account of the Borrower maintained with Wells Fargo Bank One for each payment of principal, interest, Reimbursement the Obligations and fees as it becomes due hereunder. Each reference to the Administrative Agent in this Section 2.11 2.12 shall also be deemed to refer, and shall apply equally, (i) to the Swingline Lender, LC Issuer in the case of payments required to be made by the Borrower to the Swingline Lender and (ii) LC Issuer pursuant to the applicable LC Issuer, in the case of payments required to be made by the Borrower to such LC Issuer Section 2.20.6.

Appears in 2 contracts

Samples: Headwaters Inc, Headwaters Inc

Method of Payment. All payments of the Obligations hereunder shall be made, without setoff, deduction, or counterclaim, in immediately available funds to the Administrative Agent at the Administrative Agent ’s 's address specified pursuant to Article 13 XIII, or at any other Lending Installation Office of the Administrative Agent specified in writing by the Administrative Agent to the Borrower, by 12:00 noon (Chicago time) on the date when due and shall (except for payments in the case of Reimbursement Obligations for which the applicable LC Issuer has Issuers have not received payments from been fully indemnified by the Lenders Lenders, or as otherwise specifically required hereunder) be applied ratably by the Administrative Agent among the Lenders Lenders entitled thereto. Each payment delivered to the Administrative Agent for the account of any Lender shall be delivered promptly by the Administrative Agent to such Lender in the same type of funds that the Administrative Agent received at its such Lender's address specified pursuant to Article 13 XIII or at any Lending Installation Office specified in a notice received by the Administrative Agent from such Lender. The Administrative Agent is hereby authorized to charge any the account of the Borrower maintained with Wells Fargo LaSalle Bank or any of its Affiliates for each payment of principal, interest, Reimbursement Obligations interest and fees as it becomes due hereunder. Each reference to the Administrative Agent in this Section 2.11 2.12 shall also be deemed to refer, and shall apply equally, (i) to the Swingline Lender LC Issuers, in the case of payments required to be made to by the Borrower to the Swingline Lender and (ii) LC Issuers pursuant to the applicable LC Issuer, in the case of payments required to be made by the Borrower to such LC Issuer Section 2.19.6.

Appears in 2 contracts

Samples: Insurance Auto Auctions Inc /Ca, Insurance Auto Auctions Inc /Ca

Method of Payment. All payments of the Obligations hereunder shall be made, without setoff, deduction, or counterclaim, in immediately available funds to the Administrative Agent at the Administrative Agent’s address specified pursuant to Article 13, or at any other Lending Installation of the Administrative Agent specified in writing by the Administrative Agent to the Borrower, by 12:00 noon (local time) on the date when due and shall (except for payments of Reimbursement Obligations for which the applicable LC Issuer has not received payments from the Lenders or as otherwise specifically required hereunder) be applied ratably by the Administrative Agent among the Lenders. Each payment delivered to the Administrative Agent for the account of any Lender shall be delivered promptly by the Administrative Agent to such Lender in the same type of funds that the Administrative Agent received at its address specified pursuant to Article 13 or at any Lending Installation specified in a notice received by the Administrative Agent from such Lender. The Administrative Agent is hereby authorized to charge any account of the Borrower maintained with Wells Fargo Wachovia for each payment of principal, interest, Reimbursement Obligations and fees as it becomes due hereunder. Each reference to the Administrative Agent in this Section 2.11 shall also be deemed to refer, and shall apply equally, (i) to the Swingline Lender, in the case of payments required to be made by the Borrower to the Swingline Lender and (ii) to the applicable LC Issuer, in the case of payments required to be made by the Borrower to such LC Issuer.

Appears in 2 contracts

Samples: Credit Agreement (Idacorp Inc), Credit Agreement (Idacorp Inc)

Method of Payment. All payments of the Obligations hereunder shall be made, without setoff, deduction, or counterclaim, in immediately available funds to the Administrative Agent at the Administrative Agent’s address specified pursuant to Article 13, or at any other Lending Installation of the Administrative Agent specified in writing by the Administrative Agent to the Borrower, by 12:00 noon (local time) on the date when due and shall (except for payments with respect to repayments of Reimbursement Obligations Swing Line Loans and except in the case of reimbursement obligations with respect to LC Disbursements for which the applicable LC Issuer has not received payments from been fully indemnified by the Lenders Lenders, or as otherwise specifically required hereunder) be applied ratably by the Administrative Agent among the applicable Lenders. Each payment delivered to the Administrative Agent for the account of any Lender shall be delivered promptly by the Administrative Agent to such Lender in the same type of funds that the Administrative Agent received at its address specified pursuant to Article 13 or at any Lending Installation specified in a notice received by the Administrative Agent from such Lender. The Administrative Agent is hereby authorized to charge any account of the Borrower maintained with Wells Fargo for each payment of principal, interest, Reimbursement Obligations and fees as it becomes due hereunder. Each reference to the Administrative Agent in this Section 2.11 2.15 shall also be deemed to refer, and shall apply equally, (i) to the Swingline Lender, in the case of payments required to be made by the Borrower to the Swingline Lender and (ii) to the applicable LC Issuer, in the case of payments required to be made by the Borrower to such the LC Issuer Issuer pursuant to Section 2.22(e).

Appears in 2 contracts

Samples: Credit Agreement (Moneygram International Inc), Second Amended and Restated Credit Agreement (Moneygram International Inc)

Method of Payment. All payments of the Obligations hereunder shall be made, without setoff, deduction, or counterclaim, in immediately available funds to the Administrative Agent at the Administrative Agent’s address specified pursuant to Article 13, or at any other Lending Installation of the Administrative Agent specified in writing by the Administrative Agent to the Borrower, by 12:00 noon 1:00 p.m. (New York time) on the date when due and shall (except for payments of Reimbursement Obligations for which the applicable LC Issuer has not received payments from the Lenders or as otherwise specifically required hereunder) be applied ratably by the Administrative Agent among the Lenders Lenders entitled thereto. Each payment delivered to the Administrative Agent for the account of any Lender shall be delivered promptly by the Administrative Agent to such Lender in the same type of funds that the Administrative Agent received at its such Lender’s address specified pursuant to Article 13 or at any Lending Installation specified in a notice received by the Administrative Agent from such Lender. The Administrative Agent is hereby authorized to charge any the account of the Borrower maintained with Wells Fargo Bank of America or any of its Affiliates for each payment of principal, interest, Reimbursement Obligations interest and fees as it becomes due hereunder . Each reference to the Administrative Agent in this Section 2.11 shall also be deemed to refer, and shall apply equally, (i) to the Swingline Lender, in the case of payments required to be made by the Borrower to the Swingline Lender and (ii) to the applicable LC Issuer, in the case of payments required to be made by the Borrower to such LC Issuer .

Appears in 2 contracts

Samples: Credit Agreement (Walgreen Co), Amendment to Credit Agreement (Walgreen Co)

Method of Payment. All payments of the Obligations hereunder shall be made, without setoff, deduction, or counterclaim, in immediately available funds to the Administrative Agent at the Administrative Agent’s address specified pursuant to Article 13 XIII, or at any other Lending Installation of the Administrative Agent specified in writing by the Administrative Agent to the Borrower, by 12:00 noon (local time) on the date when due and shall (except for payments of Reimbursement Obligations for which the applicable LC Issuer has not received payments from the Lenders or as otherwise specifically required hereunder) be applied ratably by the Administrative Agent among the Lenders . As provided elsewhere herein, all Lenders’ interests in the Advances and the Loan Documents shall be ratable undivided interests and none of such Lenders’ interests shall have priority over the others. Each payment delivered to the Administrative Agent for the account of any Lender or amount to be applied or paid by the Administrative Agent to any Lender shall be delivered paid promptly (on the same day as received by the Administrative Agent if received prior to noon (local time) on such day and otherwise on the next Business Day) by the Administrative Agent to such Lender in the same type of funds that the Administrative Agent received at its address specified pursuant to Article 13 XIII or at any Lending Installation specified in a notice received by the Administrative Agent from such Lender. Payments received by the Administrative Agent but not timely funded to the Lenders shall bear interest payable by the Administrative Agent at the Federal Funds Effective Rate from the date due until the date paid. The Administrative Agent is hereby authorized to charge any the account of the Borrower maintained with Wells Fargo KeyBank for each payment of principal, interest, Reimbursement Obligations interest and fees as it becomes due hereunder. Each reference Notwithstanding the foregoing, amounts received from any Loan Party that is not a Qualified ECP Guarantor shall not be applied to the Administrative Agent in this Section 2.11 shall also be deemed to refer, and shall apply equally, (i) to the Swingline Lender, in the case of payments required to be made by the Borrower to the Swingline Lender and (ii) to the applicable LC Issuer, in the case of payments required to be made by the Borrower to such LC Issuer Obligations that are Excluded Swap Obligations.

Appears in 2 contracts

Samples: Senior Credit Agreement (Terreno Realty Corp), Senior Credit Agreement (Terreno Realty Corp)

Method of Payment. All payments of the Obligations hereunder shall be made, without setoff, deduction, or counterclaim, in immediately available funds to the Administrative Agent at the Administrative Agent’s address specified pursuant to Article 13 XIII, or at any other Lending Installation of the Administrative Agent specified in writing by the Administrative Agent to the Borrower, by 12:00 noon 1:00 p.m. (Charlotte, North Carolina time) on the date when due and shall (except for payments of Reimbursement Obligations for which the applicable LC Issuer has not received payments from the Lenders or as otherwise specifically required hereunder) be applied ratably by the Administrative Agent among the Lenders Lenders in accordance with their respective Pro Rata Shares. Each payment delivered to the Administrative Agent for the account of any Lender shall be delivered promptly by the Administrative Agent to such Lender in the same type of funds that the Administrative Agent received at its address specified pursuant to Article 13 XIII or at any Lending Installation specified in a notice received by the Administrative Agent from such Lender . The Administrative Agent is hereby authorized to charge any account of the Borrower maintained with Wells Fargo for each payment of principal, interest, Reimbursement Obligations and fees as it becomes due hereunder. Each reference to the Administrative Agent in this Section 2.11 shall also be deemed to refer, and shall apply equally, (i) to the Swingline Lender, in the case of payments required to be made by the Borrower to the Swingline Lender and (ii) to the applicable LC Issuer, in the case of payments required to be made by the Borrower to such LC Issuer .

Appears in 2 contracts

Samples: Credit Agreement (Great Plains Energy Inc), Credit Agreement (Great Plains Energy Inc)

Method of Payment. All payments of the Obligations hereunder shall be made, without setoff, deduction, or counterclaim, in immediately available funds to the Administrative Agent at the Administrative Agent’s address specified pursuant to Article 13 XIII, or at any other Lending Installation of the Administrative Agent specified in writing by the Administrative Agent to the Borrower, by 12:00 noon (local time) on the date when due and shall (except for payments in the case of Reimbursement Obligations for which the applicable LC Issuer has not received payments from been fully indemnified by the Lenders Lenders, with respect to repayments of Swing Line Loans or as otherwise specifically required hereunder) be applied ratably by the Administrative Agent among the Lenders. Each payment delivered to the Administrative Agent for the account of any Lender shall be delivered promptly by the Administrative Agent to such Lender in the same type of funds that the Administrative Agent received at its address specified pursuant to Article 13 XIII or at any Lending Installation specified in a notice received by the Administrative Agent from such Lender. The Notwithstanding the foregoing, no payments of principal, interest, fees or other amounts delivered to the Administrative Agent for the account of any Defaulting Lender shall be delivered by the Administrative Agent to such Defaulting Lender. Instead, such payments shall, for so long as such Defaulting Lender shall be a Defaulting Lender, be held by the Administrative Agent, and the Administrative Agent is hereby authorized and directed by all parties hereto to charge hold such funds in escrow and apply such funds as follows: (i) First, if applicable to any account payments due from such Defaulting Lender to the Administrative Agent or the LC Issuer, and (ii) Second, to Credit Extensions required to be made by such Defaulting Lender on any Borrowing Date to the extent such Defaulting Lender fails to make such Credit Extensions. Notwithstanding the foregoing, upon the termination of all Commitments and the payment and performance of all of the Borrower maintained with Wells Fargo Obligations (other than those owing to a Defaulting Lender), any funds then held in escrow by the Administrative Agent pursuant to the preceding sentence shall be distributed to each Defaulting Lender, pro rata in proportion to amounts that would be due to each Defaulting Lender but for each payment of principal, interest, Reimbursement Obligations and fees as the fact that it becomes due hereunder is a Defaulting Lender. Each reference to the Administrative Agent in this Section 2.11 2.13 shall also be deemed to refer, and shall apply equally, (i) to the Swingline LC Issuer, in the case of payments required to be made by the Borrower to the LC Issuer pursuant to Section 2.20.6, and the Swing Line Lender, in the case of payments required to be made by the Borrower to the Swingline Swing Line Lender and (ii) pursuant to the applicable LC Issuer, in the case of payments required to be made by the Borrower to such LC Issuer Section 2.5.4.

Appears in 2 contracts

Samples: Credit Agreement (Lancaster Colony Corp), Credit Agreement (Lancaster Colony Corp)

Method of Payment. All payments of the Obligations hereunder shall be made, without setoff, deduction, or counterclaim, in immediately available funds to the Administrative Agent at the Administrative Agent’s address specified pursuant to Article 13 XIII, or at any other Lending Installation of the Administrative Agent specified in writing by the Administrative Agent to the Borrower, by 12:00 noon (local time) on the date when due and shall (except for payments of Reimbursement Obligations for which the applicable LC Issuer has not received payments from the Lenders or as otherwise specifically required hereunder) be applied ratably by the Administrative Agent among the Lenders. Each payment delivered to the Administrative Agent for the account of any Lender shall be delivered promptly by the Administrative Agent to such Lender in the same type of funds that the Administrative Agent received at its address specified pursuant to Article 13 XIII or at any Lending Installation specified in a notice received by the Administrative Agent from such Lender. The Administrative Agent is hereby authorized to automatically charge any account of the Borrower maintained with Wells Fargo the Administrative Agent for each payment of principal, interest, Reimbursement Obligations interest and fees as it becomes due hereunder . Each reference to the Administrative Agent in this Section 2.11 shall also be deemed to refer, and shall apply equally, (i) to the Swingline Lender, in the case of payments required to be made by the Borrower to the Swingline Lender and (ii) to the applicable LC Issuer, in the case of payments required to be made by the Borrower to such LC Issuer .

Appears in 2 contracts

Samples: Amended and Restated Credit Agreement (Madison Gas & Electric Co), Amended and Restated Credit Agreement (Madison Gas & Electric Co)

Method of Payment. All payments of the Obligations hereunder shall be made, without setoff, deduction, or counterclaim, in immediately available funds to the Administrative Agent at the Administrative Agent’s address specified pursuant to Article 13 XIII, or at any other Lending Installation of the Administrative Agent specified in writing by the Administrative Agent to the Borrower, by 12:00 noon (local time) on the date when due and shall (except for payments of Reimbursement Obligations for which the applicable LC Issuer has not received payments from the Lenders or as otherwise specifically required hereunder) be applied ratably by the Administrative Agent among the Lenders. Each payment delivered to the Administrative Agent for the account of any Lender shall be delivered promptly by the Administrative Agent to such Lender in the same type of funds that the Administrative Agent received at its address specified pursuant to Article 13 XIII or at any Lending Installation specified in a notice received by the Administrative Agent from such Lender. The Administrative Agent is hereby authorized to automatically charge any the account of the Borrower maintained with Wells Fargo JPMCB (account number: xxxxxxxxx) for each payment of principal, interest, Reimbursement Obligations interest and fees as it becomes due hereunder . Each reference to the Administrative Agent in this Section 2.11 shall also be deemed to refer, and shall apply equally, (i) to the Swingline Lender, in the case of payments required to be made by the Borrower to the Swingline Lender and (ii) to the applicable LC Issuer, in the case of payments required to be made by the Borrower to such LC Issuer .

Appears in 2 contracts

Samples: Credit Agreement (Mge Energy Inc), Credit Agreement (Madison Gas & Electric Co)

Method of Payment. All payments of the Obligations hereunder shall be made, without setoff, deduction, or counterclaim, in immediately available funds to the Administrative Agent at the Administrative Agent’s address specified pursuant to Article 13 XIII, or at any other Lending Installation of the Administrative Agent specified in writing by the Administrative Agent to the Borrower, by 12:00 noon (local time) on the date when due and shall (except for payments of Reimbursement Obligations for which the applicable LC Issuer has not received payments from the Lenders or as otherwise specifically required hereunder) be applied ratably by the Administrative Agent among the Lenders. Each payment delivered to the Administrative Agent for the account of any Lender shall be delivered promptly by the Administrative Agent to such Lender in the same type of funds that the Administrative Agent received at its address specified pursuant to Article 13 XIII or at any Lending Installation specified in a notice received by the Administrative Agent from such Lender. The Administrative Agent is hereby authorized to charge any the account of the Borrower maintained with Wells Fargo JPMCB for each payment of principal, interest, Reimbursement Obligations interest and fees as it becomes due hereunder . Each reference to the Administrative Agent in this Section 2.11 shall also be deemed to refer, and shall apply equally, (i) to the Swingline Lender, in the case of payments required to be made by the Borrower to the Swingline Lender and (ii) to the applicable LC Issuer, in the case of payments required to be made by the Borrower to such LC Issuer .

Appears in 2 contracts

Samples: Credit Agreement (Madison Gas & Electric Co), Amended and Restated Credit Agreement (Mge Energy Inc)

Method of Payment. All payments of the Obligations hereunder shall be made, without setoff, deduction, or counterclaim, in immediately available funds to the Administrative Agent at the Administrative Agent’s address specified pursuant to Article 13 XIV, or at any other Lending Installation of the Administrative Agent specified in writing by the Administrative Agent to the Borrower, by 12:00 noon (Chicago time) on the date when due and shall (except for payments of Reimbursement Obligations for which the applicable LC Issuer has not received payments from the Lenders or as otherwise specifically required hereunder) be applied ratably by the Administrative Agent among the Lenders applicable Lenders in accordance with the Class or Type of Obligation being paid. Each payment delivered to the Administrative Agent for the account of any Lender shall be delivered promptly by the Administrative Agent to such Lender in the same type of funds that the Administrative Agent received at its such Lender’s address specified pursuant to Article 13 XIV or at any Lending Installation specified in a notice received by the Administrative Agent from such Lender promptly, which payment is expected to be made to such Lender by the close of business on the same Business Day received by Administrative Agent if received by noon (Chicago time) but shall in any event not be made to such Lender later than the next Business Day, provided that the Administrative Agent shall pay to each such Lender interest thereon, at the lesser of (i) the Federal Funds Effective Rate and (ii) the rate of interest applicable to such Loans, from the Business Day such funds are received by the Administrative Agent in immediately available funds (provided, if such funds are not received by the Administrative Agent by noon (Chicago time), such period shall commence on the Business Day immediately following the day such funds are received) until such funds are paid to each such Lender. The Administrative Agent is hereby authorized to charge any the account of the Borrower maintained with Wells Fargo Administrative Agent for each payment of principal, interest, Reimbursement any of the Obligations and fees as it becomes due hereunder . Each reference to the Administrative Agent in this Section 2.11 shall also be deemed to refer, and shall apply equally, (i) to the Swingline Lender, in the case of payments required to be made by the Borrower to the Swingline Lender and (ii) to the applicable LC Issuer, in the case of payments required to be made by the Borrower to such LC Issuer .

Appears in 2 contracts

Samples: Revolving Credit and Term Loan Agreement (Duke Realty Limited Partnership/), Revolving Credit Agreement (Duke Realty Limited Partnership/)

Method of Payment. All payments of the Obligations hereunder shall be made, without setoff, deduction, or counterclaim, in immediately available funds to the Administrative Agent at the Administrative Agent’s address specified pursuant to Article 13 XIV, or at any other Lending Installation of the Administrative Agent specified in writing by the Administrative Agent to the Borrower, by 12:00 noon (local time) on the date when due and shall (except for payments of Reimbursement Obligations for which the applicable LC Issuer has not received payments from the Lenders or as otherwise specifically required hereunder) be applied ratably by the Administrative Agent among the Lenders Lenders in accordance with the class or type of Obligation being paid. Each payment delivered to the Administrative Agent for the account of any Lender shall be delivered promptly by the Administrative Agent to such Lender in the same type of funds that the Administrative Agent received at its such Lender’s address specified pursuant to Article 13 XIV or at any Lending Installation specified in a notice received by the Administrative Agent from such Lender promptly, which payment is expected to be made to such Lender by the close of business on the same Business Day received by Administrative Agent if received by noon (local time) but shall in any event not be made to such Lender later than the next Business Day, provided that the Administrative Agent shall pay to each such Lender interest thereon, at the lesser of (i) the Federal Funds Effective Rate and (ii) the rate of interest applicable to such Loans, from the Business Day such funds are received by the Administrative Agent in immediately available funds (provided, if such funds are not received by the Administrative Agent by noon (local time), such period shall commence on the Business Day immediately following the day such funds are received) until such funds are paid to each such Lender. The Administrative Agent is hereby authorized to charge any the account of the Borrower maintained with Wells Fargo Bank One for each payment of principal, interest, Reimbursement any of the Obligations and fees as it becomes due hereunder . Each reference to the Administrative Agent in this Section 2.11 shall also be deemed to refer, and shall apply equally, (i) to the Swingline Lender, in the case of payments required to be made by the Borrower to the Swingline Lender and (ii) to the applicable LC Issuer, in the case of payments required to be made by the Borrower to such LC Issuer .

Appears in 2 contracts

Samples: Revolving Credit Agreement (Duke Realty Limited Partnership/), Revolving Credit Agreement (Duke Realty Corp)

Method of Payment. All payments of the Obligations hereunder shall be made, without setoff, deduction, or counterclaim, in immediately available funds to the Administrative Agent at the Administrative Agent’s address specified pursuant to Article 13 XIV, or at any other Lending Installation of the Administrative Agent specified in writing by the Administrative Agent to the Borrower, by 12:00 noon (local time) on the date when due and shall (except for payments of Reimbursement Obligations for which the applicable LC Issuer has not received payments from the Lenders or as otherwise specifically required hereunder) be applied ratably by the Administrative Agent among the Lenders Lenders in accordance with the class or type of Obligation being paid. Each payment delivered to the Administrative Agent for the account of any Lender shall be delivered promptly by the Administrative Agent to such Lender in the same type of funds that the Administrative Agent received at its such Lender’s address specified pursuant to Article 13 XIV or at any Lending Installation specified in a notice received by the Administrative Agent from such Lender promptly, which payment is expected to be made to such Lender by the close of business on the same Business Day received by Administrative Agent if received by noon (local time) but shall in any event not be made to such Lender later than the next Business Day; provided that the Administrative Agent shall pay to each such Lender interest thereon, at the lesser of (i) the Federal Funds Effective Rate and (ii) the rate of interest applicable to such Loans, from the Business Day such funds are received by the Administrative Agent in immediately available funds (provided, if such funds are not received by the Administrative Agent by noon (local time), such period shall commence on the Business Day immediately following the day such funds are received) until such funds are paid to each such Lender. The Administrative Agent is hereby authorized to charge any the account of the Borrower maintained with Wells Fargo JP Morgan Chase Bank for each payment of principal, interest, Reimbursement any of the Obligations and fees as it becomes due hereunder . Each reference to the Administrative Agent in this Section 2.11 shall also be deemed to refer, and shall apply equally, (i) to the Swingline Lender, in the case of payments required to be made by the Borrower to the Swingline Lender and (ii) to the applicable LC Issuer, in the case of payments required to be made by the Borrower to such LC Issuer .

Appears in 2 contracts

Samples: Term Loan Agreement (Duke Realty Limited Partnership/), Term Loan Agreement (Duke Realty Corp)

Method of Payment. All payments of the Obligations hereunder shall be made, without setoff, deduction, or counterclaim, in immediately available funds funds, to the Administrative Agent at the Administrative Agent’s address specified pursuant to Article 13 Section 10.02, or at any other Lending Installation of the Administrative Agent specified in writing by the Administrative Agent to the Borrower Company, by 12:00 noon (New York time) on the date when due and shall (except for payments of Reimbursement Obligations for which the applicable LC Issuer has not received payments from the Lenders or as otherwise specifically required hereunder) be applied ratably by the Administrative Agent among the Lenders Banks to the payment of all Obligations then due and payable, if any, and otherwise to the payment of the remaining Obligations. Each payment delivered to the Administrative Agent for the account of any Lender Bank shall be delivered promptly by the Administrative Agent to such Lender Bank in the same type of funds that the Administrative Agent received at its address specified pursuant to Article 13 Section 10.02 or at any Lending Installation specified in a notice received by the Administrative Agent from such Lender Bank. The Administrative Agent is hereby authorized to charge any the account of the Borrower Company maintained with Wells Fargo the Administrative Agent (and/or its Affiliates) for each payment of principal, interest, Reimbursement Obligations interest and fees as it becomes due hereunder . Each reference to the Administrative Agent in this Section 2.11 shall also be deemed to refer, and shall apply equally, (i) to the Swingline Lender, in the case of payments required to be made by the Borrower to the Swingline Lender and (ii) to the applicable LC Issuer, in the case of payments required to be made by the Borrower to such LC Issuer .

Appears in 2 contracts

Samples: Third Amended and Restated Credit Agreement (Mdu Resources Group Inc), Amended and Restated Credit Agreement (Mdu Resources Group Inc)

Method of Payment. All payments of the Obligations hereunder shall be made, without setoff , recoupment, deduction, or counterclaim, in immediately available funds to the Administrative Agent at the Administrative Agent ’s 's address specified pursuant to Article 13 XIII, or at any other Lending Installation of the Administrative Agent specified in writing by the Administrative Agent to the Borrower, by 12:00 noon 1:00 p.m. (New York time) on the date when due and shall (except for payments of Reimbursement Obligations for which the applicable LC Issuer has not received payments from the Lenders or as otherwise specifically required hereunder) be applied ratably remitted by the Administrative Agent among to the Lenders Lenders according to their respective interests therein. Each payment delivered to the Administrative Agent for the account of any Lender shall be delivered promptly by the Administrative Agent to such Lender in the same type of funds that the Administrative Agent received at its address specified pursuant to Article 13 XIII or at any Lending Installation specified in a notice received by the Administrative Agent from such Lender. The Administrative Agent is hereby authorized authorized, but is not obligated, to charge any account the accounts of the Borrower maintained with Wells Fargo Bank of America into which proceeds of Syndicated Advances are remitted pursuant to Section 2.6 for each payment of principal, interest, Reimbursement Obligations interest and fees as it becomes due hereunder . Each reference to , for each payment of principal, in accordance with the Administrative Agent applicable Prepayment Notice or when otherwise due and payable in this Section 2.11 shall also be deemed to refer accordance with the terms hereof, and shall apply equally, (i) to for each payment of Reimbursement Obligations when due and payable in accordance with the Swingline Lender, in the case of payments required to be made by the Borrower to the Swingline Lender and (ii) to the applicable LC Issuer, in the case of payments required to be made by the Borrower to such LC Issuer terms hereof.

Appears in 2 contracts

Samples: Revolving Credit Agreement (TJX Companies Inc /De/), TJX Companies Inc /De/

Method of Payment. All payments of the Obligations hereunder under this Agreement and the other Loan Documents shall be made, without setoff, deduction, or counterclaim, in immediately available funds to the Administrative Agent at the Administrative Agent’s address specified pursuant to Article 13 XIII, or at any other Lending Installation of the Administrative Agent specified in writing by the Administrative Agent to the Borrower Borrowers, by 12:00 noon 1:00 p.m. (Central time) on the date when due and shall (except for payments (i) with respect to repayments of Swing Line Loans, (ii) in the case of Reimbursement Obligations for which the applicable LC Issuer has Issuers have not received payments from been fully indemnified by the Lenders Lenders, or (iii) as otherwise specifically required hereunder) be applied ratably by the Administrative Agent among the Lenders. Each payment delivered to the Administrative Agent for the account of any Lender shall be delivered promptly by the Administrative Agent to such Lender in the same type of funds that the Administrative Agent received at its address specified pursuant to Article 13 XIII or at any Lending Installation specified in a notice received by the Administrative Agent from such Lender. The Administrative Agent is hereby authorized to charge any account the accounts of the Borrower Borrowers maintained with Wells Fargo U.S. Bank for each payment of principal, interest, Reimbursement Obligations interest and fees as it becomes due hereunder. Each reference to the Administrative Agent in this Section 2.11 2.12 shall also be deemed to refer, and shall apply equally, (i) to the Swingline Lender LC Issuers, in the case of payments required to be made by the Borrower Borrowers to the Swingline Lender and (ii) LC Issuers pursuant to the applicable LC Issuer, in the case of payments required to be made by the Borrower to such LC Issuer. Section 2.19(f)

Appears in 2 contracts

Samples: Amended and Restated Credit Agreement (Arcbest Corp /De/), Second Amended and Restated Credit Agreement (Arcbest Corp /De/)

Method of Payment. Each Advance shall be repaid and each payment of interest thereon shall be paid in Dollars. All payments of the Obligations hereunder shall be made, without setoff, deduction, deduction or counterclaim, in immediately available funds to the Administrative Agent at the Administrative Agent’s address specified pursuant to Article 13 XIII, or at any other Lending Installation of the Administrative Agent specified in writing by the Administrative Agent to the Borrower, Borrower (which written notice shall be delivered to Borrower at least one Business Day prior to the due date of the applicable payment) by 12:00 noon p.m. (Minneapolis time) on the date when due and shall (except for (i) with respect to payments of Swing Line Loans, (ii) in the case of Reimbursement Obligations for which the applicable LC Issuer has not received payments from been fully indemnified by the Lenders or (iii) as otherwise specifically required hereunder) be applied ratably by the Administrative Agent among the Lenders. Each payment delivered to the Administrative Agent for the account of any Lender shall be delivered promptly by the Administrative Agent to such Lender in the same type of funds that the Administrative Agent received at its address specified pursuant to Article 13 XIII or at any Lending Installation specified in a notice received by the Administrative Agent from such Lender. The Administrative Agent is hereby authorized to charge any the account of the Borrower maintained with Wells Fargo U.S. Bank for each payment of principal, interest, Reimbursement Obligations and fees as it becomes due hereunder. Each reference to the Administrative Agent in this Section 2.11 shall also be deemed to refer, and shall apply equally, (i) to the Swingline Lender, in the case of payments required to be made by the Borrower to the Swingline Lender and (ii) to the applicable LC Issuer, in the case of payments required to be made by the Borrower to such the LC Issuer Issuer pursuant to Section 2.18.6.

Appears in 2 contracts

Samples: Amended and Restated Credit Agreement (Roadrunner Transportation Systems, Inc.), Credit Agreement (Roadrunner Transportation Systems, Inc.)

Method of Payment. Each Advance shall be repaid and each payment of interest thereon shall be paid in Dollars. All payments of the Obligations hereunder shall be made, without setoff, deduction, deduction or counterclaim, in immediately available funds to the Administrative Agent at the Administrative Agent’s address specified pursuant to Article 13 XIII, or at any other Lending Installation of the Administrative Agent specified in writing by the Administrative Agent to the Borrower, Borrower (which written notice shall be delivered to Borrower at least one Business Day prior to the due date of the applicable payment) by 12:00 noon p.m. (Minneapolis time) on the date when due and shall (except for (i) with respect to payments of Swing Line Loans, (ii) in the case of Reimbursement Obligations for which the applicable LC Issuer has Issuers have not received payments from been fully indemnified by the Lenders or (iii) as otherwise specifically required hereunder) be applied ratably by the Administrative Agent among the Lenders. Each payment delivered to the Administrative Agent for the account of any Lender shall be delivered promptly by the Administrative Agent to such Lender in the same type of funds that the Administrative Agent received at its address specified pursuant to Article 13 XIII or at any Lending Installation specified in a notice received by the Administrative Agent from such Lender. The Administrative Agent is hereby authorized to charge any the account of the Borrower maintained with Wells Fargo U.S. Bank for each payment of principal, interest, Reimbursement Obligations and fees as it becomes due hereunder. Each reference to the Administrative Agent in this Section 2.11 shall also be deemed to refer, and shall apply equally, (i) to the Swingline Lender LC Issuers, in the case of payments required to be made by the Borrower to the Swingline Lender and (ii) LC Issuers pursuant to the applicable LC Issuer, in the case of payments required to be made by the Borrower to such LC Issuer Section 2.17.6.

Appears in 2 contracts

Samples: Amended and Restated Credit Agreement (Hawkins Inc), Credit Agreement (Hawkins Inc)

Method of Payment. Each Advance shall be repaid and each payment of interest thereon shall be paid in the currency in which such Advance was made. All payments of the Obligations hereunder under this Agreement and the other Loan Documents shall be made, without setoff, deduction, or counterclaim, in immediately available funds to the Administrative Agent at the Administrative Agent’s address specified pursuant to Article 13 XIII, or at any other Lending Installation of the Administrative Agent specified in writing by the Administrative Agent to the Borrower, by 12:00 noon 10:00 a.m. (Pacific time) on the date when due and shall (except for payments (i) with respect to repayments of Swing Line Loans, (ii) in the case of Reimbursement Obligations for which the applicable LC Issuer has Issuers have not received payments from been fully indemnified by the Lenders Lenders, or (iii) as otherwise specifically required hereunder) be applied ratably by the Administrative Agent among the Lenders. Each payment delivered to the Administrative Agent for the account of any Lender shall be delivered promptly by the Administrative Agent to such Lender in the same type of funds that the Administrative Agent received at its address specified pursuant to Article 13 XIII or at any Lending Installation specified in a notice received by the Administrative Agent from such Lender. The Administrative Agent is hereby authorized to charge any the account of the Borrower maintained with Wells Fargo U.S. Bank for each payment of principal, interest, Reimbursement Obligations and fees as it becomes due hereunder. Each reference to the Administrative Agent in this Section 2.11 2.12 shall also be deemed to refer, and shall apply equally, (i) to the Swingline Lender LC Issuers, in the case of payments required to be made by the Borrower to the Swingline Lender and (ii) LC Issuers pursuant to the applicable LC Issuer, in the case of payments required to be made by the Borrower to such LC Issuer Section 2.19(f).

Appears in 2 contracts

Samples: Amended and Restated Credit Agreement (TRI Pointe Group, Inc.), Credit Agreement (TRI Pointe Homes, Inc.)

Method of Payment. Each Advance shall be repaid and each payment of interest thereon shall be paid in the currency in which such Advance was made. All payments of the Obligations hereunder under this Agreement and the other Loan Documents shall be made, without setoff, deduction, or counterclaim, in immediately available funds to the Administrative Agent at the Administrative Agent’s address specified pursuant to Article 13 XIII, or at any other Lending Installation of the Administrative Agent specified in writing by the Administrative Agent to the Borrower, by 12:00 noon (Minneapolis time) on the date when due and shall (except for payments (i) with respect to repayments of Swing Line Loans, (ii) in the case of Reimbursement Obligations for which the applicable LC Issuer has not received payments from been fully indemnified by the Lenders Lenders, or (iii) as otherwise specifically required hereunder) be applied ratably by the Administrative Agent among the Lenders. Each payment delivered to the Administrative Agent for the account of any Lender shall be delivered promptly by the Administrative Agent to such Lender in the same type of funds that the Administrative Agent received at its address specified pursuant to Article 13 XIII or at any Lending Installation specified in a notice received by the Administrative Agent from such Lender. The Administrative Agent is hereby authorized to charge any the account of the Borrower maintained with Wells Fargo U.S. Bank for each payment of principal, interest, Reimbursement Obligations and fees as it becomes due hereunder. Each reference to the Administrative Agent in this Section 2.11 2.12 shall also be deemed to refer, and shall apply equally, (i) to the Swingline Lender, in the case of payments required to be made by the Borrower to the Swingline Lender and (ii) to the applicable LC Issuer, in the case of payments required to be made by the Borrower to such the LC Issuer Issuer pursuant to Section 2.19(f).

Appears in 2 contracts

Samples: Credit Agreement (C H Robinson Worldwide Inc), Omnibus Amendment (C H Robinson Worldwide Inc)

Method of Payment. Each Advance shall be repaid and each payment of interest thereon shall be paid in the currency in which such Advance was made. All payments of the Obligations hereunder under this Agreement and the other Loan Documents shall be made, without setoff, deduction, or counterclaim, in immediately available funds to the Administrative Designated Agent at the Administrative Designated Agent’s address specified pursuant to Article 13 XIII, or at any other Lending Installation of the Administrative Designated Agent specified in writing by the Administrative Designated Agent to the Borrower, by 12:00 noon (Eastern time) on the date when due and shall (except for payments (i) with respect to repayments of Swing Line Loans, (ii) in the case of Reimbursement Obligations for which the applicable LC Issuer has Issuers have not received payments from been fully indemnified by the Lenders Lenders, or (iii) as otherwise specifically required hereunder) be applied ratably by the Administrative Designated Agent among the Lenders. Each payment delivered to the Administrative Designated Agent for the account of any Lender shall be delivered promptly by the Administrative Designated Agent to such Lender in the same type of funds that the Administrative Designated Agent received at its address specified pursuant to Article 13 XIII or at any Lending Installation specified in a notice received by the Administrative Designated Agent from such Lender. The Administrative Designated Agent is hereby authorized to charge any the account of the Borrower maintained with Wells Fargo U.S. Bank for each payment of principal, interest, Reimbursement Obligations and fees as it becomes due hereunder. Each reference to the Administrative Designated Agent in this Section 2.11 2.12 shall also be deemed to refer, and shall apply equally, (i) to the Swingline Lender LC Issuers, in the case of payments required to be made by the Borrower to the Swingline Lender and (ii) LC Issuers pursuant to the applicable LC Issuer, in the case of payments required to be made by the Borrower to such LC Issuer Section 2.19(f).

Appears in 2 contracts

Samples: Amendment to Credit Agreement (MDC Holdings Inc), MDC Holdings Inc

Method of Payment. Except as otherwise specified herein, all payments by the Borrower of principal, interest and its other Obligations shall be made in Dollars. All payments of the Obligations hereunder shall be made, without setoff, deduction, or counterclaim, in immediately available funds to the Administrative Agent at the Administrative Agent’s address specified pursuant to Article 13 XIII, or at any other Lending Installation of the Administrative Agent specified in writing by the Administrative Agent to the Borrower, by 12:00 noon 2:00 p.m. (New York time) on the date when due and shall (except for payments of Reimbursement Obligations for which the applicable LC Issuer has not received payments from the Lenders or as otherwise specifically required hereunder) be applied ratably by the Administrative Agent among the Lenders Lenders entitled thereto. Each payment delivered to the Administrative Agent for the account of any Lender shall be delivered promptly by the Administrative Agent to such Lender in the same type of funds that the Administrative Agent received at its such Lender’s address specified pursuant to Article 13 XIII or at any Lending Installation specified in a notice received by the Administrative Agent from such Lender . The Administrative Agent is hereby authorized to charge any account of the Borrower maintained with Wells Fargo for each payment of principal, interest, Reimbursement Obligations and fees as it becomes due hereunder. Each reference to the Administrative Agent in this Section 2.11 shall also be deemed to refer, and shall apply equally, (i) to the Swingline Lender, in the case of payments required to be made by the Borrower to the Swingline Lender and (ii) to the applicable LC Issuer, in the case of payments required to be made by the Borrower to such LC Issuer .

Appears in 2 contracts

Samples: Delayed Draw Term Loan Credit Agreement (Walgreens Boots Alliance, Inc.), Term Loan Credit Agreement (Walgreens Boots Alliance, Inc.)

Method of Payment. Except as otherwise specified herein, all payments by the Borrower of principal, interest and its other Obligations shall be made in Dollars. All payments of the Obligations hereunder shall be made, without setoff, deduction, or counterclaim, in immediately available funds to the Administrative Agent at the Administrative Agent’s address specified pursuant to Article 13 XIII, or at any other Lending Installation of the Administrative Agent specified in writing by the Administrative Agent to the Borrower, by 12:00 noon 2:00 p.m. (New York time) on the date when due and shall (except for payments of Reimbursement Obligations for which the applicable LC Issuer has not received payments from the Lenders or as otherwise specifically required hereunder) be applied ratably by the Administrative Agent among the Lenders applicable Lenders entitled thereto. Each payment delivered to the Administrative Agent for the account of any Lender shall be delivered promptly by the Administrative Agent to such Lender in the same type of funds that the Administrative Agent received at its such Lender’s address specified pursuant to Article 13 XIII or at any Lending Installation specified in a notice received by the Administrative Agent from such Lender . The Administrative Agent is hereby authorized to charge any account of the Borrower maintained with Wells Fargo for each payment of principal, interest, Reimbursement Obligations and fees as it becomes due hereunder. Each reference to the Administrative Agent in this Section 2.11 shall also be deemed to refer, and shall apply equally, (i) to the Swingline Lender, in the case of payments required to be made by the Borrower to the Swingline Lender and (ii) to the applicable LC Issuer, in the case of payments required to be made by the Borrower to such LC Issuer .

Appears in 2 contracts

Samples: Credit Agreement (Walgreens Boots Alliance, Inc.), Credit Agreement (Walgreens Boots Alliance, Inc.)

Method of Payment. Except as otherwise specified herein, all payments by the Borrower of principal, interest, fees and its other Obligations shall be made, with respect to Loans, in Dollars. All payments of the Obligations hereunder shall be made, without setoff, deduction, or counterclaim, in immediately available funds to the Administrative Agent at the Administrative Agent’s address specified pursuant to Article 13, or at any other Lending Installation of the Administrative Agent specified in writing by the Administrative Agent to the Borrower, by 12:00 noon 1:00 p.m. (Pacific time), on the date when due and shall (except for payments of Reimbursement Obligations for which the applicable LC Issuer has not received payments from the Lenders or as otherwise specifically required hereunder) be applied ratably by the Administrative Agent among the Lenders Lenders entitled thereto. Each payment delivered to the Administrative Agent for the account of any Lender shall be delivered promptly by the Administrative Agent to such Lender in the same type of funds that the Administrative Agent received at its such Lender’s address specified pursuant to Article 13 or at any Lending Installation specified in a notice received by the Administrative Agent from such Lender . The Administrative Agent is hereby authorized to charge any account of the Borrower maintained with Wells Fargo for each payment of principal, interest, Reimbursement Obligations and fees as it becomes due hereunder. Each reference to the Administrative Agent in this Section 2.11 shall also be deemed to refer, and shall apply equally, (i) to the Swingline Lender, in the case of payments required to be made by the Borrower to the Swingline Lender and (ii) to the applicable LC Issuer, in the case of payments required to be made by the Borrower to such LC Issuer .

Appears in 2 contracts

Samples: Credit Agreement (Salesforce Com Inc), Amended and Restated Credit Agreement (Salesforce Com Inc)

Method of Payment. Except as otherwise specified herein, all payments by the Borrower of principal, interest, fees and its other Obligations shall be made, with respect to Revolving Loans, in Dollars. All payments of the Obligations hereunder shall be made, without setoff, deduction, or counterclaim, in immediately available funds to the Administrative Agent at the Administrative Agent’s address specified pursuant to Article 13, or at any other Lending Installation of the Administrative Agent specified in writing by the Administrative Agent to the Borrower, by 12:00 noon 2:00 p.m. (New York time), on the date when due and shall (except for payments of Reimbursement Obligations for which the applicable LC Issuer has not received payments from the Lenders or as otherwise specifically required hereunder) be applied ratably by the Administrative Agent among the Lenders Lenders entitled thereto. Each payment delivered to the Administrative Agent for the account of any Lender shall be delivered promptly by the Administrative Agent to such Lender in the same type of funds that the Administrative Agent received at its such Lender’s address specified pursuant to Article 13 or at any Lending Installation specified in a notice received by the Administrative Agent from such Lender . The Administrative Agent is hereby authorized to charge any account of the Borrower maintained with Wells Fargo for each payment of principal, interest, Reimbursement Obligations and fees as it becomes due hereunder. Each reference to the Administrative Agent in this Section 2.11 shall also be deemed to refer, and shall apply equally, (i) to the Swingline Lender, in the case of payments required to be made by the Borrower to the Swingline Lender and (ii) to the applicable LC Issuer, in the case of payments required to be made by the Borrower to such LC Issuer .

Appears in 2 contracts

Samples: Revolving Credit Agreement (Walgreens Boots Alliance, Inc.), Revolving Credit Agreement (Walgreens Boots Alliance, Inc.)

Method of Payment. All Subject to the last sentence of Section 2.5.1, all payments of the Obligations principal, interest, and fees hereunder shall be made made by (i) noon (local time) for each payment in Dollars and (ii) the funding deadline designated by the Administrative Agent for each payment in an Alternative Currency (which shall be no earlier than 10:00 a.m. local time in the place of payment and no later than 12:00 noon (Chicago time)), without setoff, deduction, or counterclaim, on the date when due in immediately available funds to the Administrative Agent at the Administrative Agent ’s 's address specified pursuant to Article 13 XIII, or at any other Lending Installation of the Administrative Agent location specified in writing by the Administrative Agent to the Borrower, by 12:00 noon on the date when due Borrower and shall (except for payments of Reimbursement Obligations for which the applicable LC Issuer has not received payments from the Lenders or as otherwise specifically required hereunder) be applied ratably distributed by the Administrative Agent ratably among all Lenders in the case of fees and payments in respect of committed Advances and ratably among the Lenders applicable Lenders in respect of Competitive Bid Advances. Each payment delivered to the Administrative Agent for the account of any Lender shall be delivered promptly by the Administrative Agent to such Lender in the same type of funds that which the Administrative Agent received at its address specified pursuant to Article 13 XIII or at any Lending Installation location specified in a notice received by the Administrative Agent from such Lender. The Administrative Agent is hereby authorized to charge any account All payments of the Borrower maintained with Wells Fargo for each payment principal of principal, interest, Reimbursement Obligations and fees as it becomes due hereunder. Each reference to the Administrative Agent in this Section 2.11 interest on any Loan shall also be deemed to refer, and shall apply equally, (i) to the Swingline Lender, made in the case of payments required to be made by the Borrower to the Swingline Lender and (ii) to the applicable LC Issuer, currency in the case of payments required to be made by the Borrower to which such LC Issuer Loan is denominated.

Appears in 2 contracts

Samples: Servicemaster LTD Partnership, Credit Agreement (Servicemaster LTD Partnership)

Method of Payment. (a) All payments of the principal, interest, fees, commissions and L/C Obligations hereunder shall be made, without setoff, deduction, deduction or counterclaim counterclaim (unless indicated otherwise in Section 2.14(E)), in immediately available funds to the Administrative Agent (i) at the Administrative Agent’s address specified pursuant to Article 13, XIV with respect to Advances or other Obligations at any other Lending Installation of the Administrative Agent specified in writing by the Administrative Agent to the Borrower, by 12:00 noon p.m. (Chicago time) on the date when due and shall (except for payments of Reimbursement Obligations for which the applicable LC Issuer has not received payments from be made ratably among the Lenders (unless such amount is not to be shared ratably in accordance with the terms hereof). Each Advance shall be repaid or as otherwise specifically required hereunder) prepaid in the Dollar Amount borrowed and interest payable thereon shall also be applied ratably by the Administrative Agent among the Lenders paid in such currency. Each payment delivered to the Administrative Agent for the account of any Lender shall be delivered promptly by the Administrative Agent to such Lender in the same type of funds that which the Administrative Agent received at its address specified pursuant to Article 13 XIV or at any Lending Installation specified in a notice received by the Administrative Agent from such Lender. Any payment owing by the Borrower to a Lender shall be deemed to have been paid to such Lender by the Borrower upon the Administrative Agent’s receipt of such payment from the Borrower. The Borrower authorizes the Administrative Agent is hereby authorized to charge any the account of the Borrower maintained with Wells Fargo The Northern Trust Company for each payment of principal, interest, Reimbursement fees, commissions and L/C Obligations and fees as it becomes due hereunder. Each reference to the Administrative Agent in this Section 2.11 shall also be deemed to refer, and shall apply equally, (i) to the Swingline Lender each Issuing Bank, in the case of payments required to be made by the Borrower to the Swingline Lender and (ii) any Issuing Bank pursuant to the applicable LC Issuer, in the case of payments required to be made by the Borrower to such LC Issuer Article III.

Appears in 1 contract

Samples: Credit Agreement (Quixote Corp)

Method of Payment. All payments of Advances under the Revolving Credit Facility and principal payments on the Term Loan Facilities, and all payments of interest thereon, and payment of all other Obligations shall be made in Dollars. All payments of the Obligations hereunder shall be made, without setoff, deduction, or counterclaim, in immediately available funds to the Administrative Agent at (except as set forth in the next sentence) the Administrative Agent ’s 's address specified pursuant to Article 13 in Schedule 1, or at any other Lending Installation of the Administrative Agent specified in writing by the Administrative Agent to the Borrower AMRESCO, by 12:00 noon (local time) on the date when due and shall (except for payments of Reimbursement Obligations for which the applicable LC Issuer has not received payments from the Lenders or as otherwise specifically required hereunder) be applied ratably by the Administrative Agent among ratably to the Lenders Lenders entitled thereto. Each payment delivered to the Administrative Agent for the account of any Lender shall be delivered promptly by the Administrative Agent to such Lender in the same type of funds that the Administrative Agent received at its such Lender's address specified pursuant to Article 13 Schedule 1 or at any Lending Installation or other address specified in a notice received by the Administrative Agent from such Lender. The Administrative Agent is hereby authorized to charge any account of the any Borrower maintained with Wells Fargo Bank of America or any of its Affiliates for each payment of principal, interest, Reimbursement Obligations interest and fees as it becomes due hereunder . Each reference to the Administrative Agent in this Section 2.11 shall also be deemed to refer, and shall apply equally, (i) to the Swingline Lender, in the case of payments required to be made by the Borrower to the Swingline Lender and (ii) to the applicable LC Issuer, in the case of payments required to be made by the Borrower to such LC Issuer .

Appears in 1 contract

Samples: Amended and Restated Credit Agreement (Amresco Inc)

Method of Payment. All payments of the Obligations principal, interest and fees hereunder shall be made, without setoff, deduction, or counterclaim, made in immediately available funds to the Administrative Agent at the Administrative Agent ’s 's address specified pursuant to Article 13 XIII, or at any other Lending Installation of the Administrative Agent specified in writing by the Administrative Agent to the Borrower Company, by 12:00 noon 10:00 a.m. (Seattle time) on the date when due and shall be made ratably among the Banks (except for payments of Reimbursement Obligations for fees pursuant to Section 10.15, which shall be made solely to the applicable LC Issuer has not received payments from Administrative Agent) on or before the Lenders or as otherwise specifically required hereunder) be applied ratably by time a principal payment is made on any of the Loans, the Company shall inform the Administrative Agent among as to the Lenders proportionate application of such payment to the Floating Rate Advances and Eurodollar Advances. Each payment delivered to the Administrative Agent for the account of any Lender Bank shall be delivered promptly by the Administrative Agent to such Lender Bank in the same type of funds that which the Administrative Agent received at its address specified pursuant to Article Section 13 or at any Lending Installation specified in a notice received by the Administrative Agent from such Lender Bank. The Administrative Agent is hereby authorized to charge any the account of the Borrower maintained with Wells Fargo Company for each payment of principal, interest, Reimbursement Obligations interest and fees as it becomes due hereunder. Each reference to the Administrative Agent in this Section 2.11 shall also be deemed to refer, and shall apply equally, (i) to the Swingline Lender, in the case of payments required to be made by the Borrower to the Swingline Lender and (ii) to the applicable LC Issuer, in the case of payments required to be made by the Borrower to such LC Issuer due.

Appears in 1 contract

Samples: Ackerley Communications Inc

Method of Payment. All payments of the Obligations principal, interest, and fees hereunder shall be made, without setoff, deduction, deduction or counterclaim, in immediately available funds to the Administrative Agent at the Administrative Agent ’s 's address specified pursuant to Article 13 XIV, or at any other Lending Installation of the Administrative Agent specified in writing by the Administrative Agent to the Borrower, by 12:00 noon p.m. (Chicago time) on the date when due and shall (except for payments of Reimbursement Obligations for which the applicable LC Issuer has not received payments from be made ratably among the Lenders or as otherwise specifically required hereunder) (unless such amount is not to be applied shared ratably by in accordance with the Administrative Agent among the Lenders terms hereof). Each payment delivered to the Administrative Agent for the account of any Lender shall be delivered promptly by the Administrative Agent to such Lender in the same type of funds that which the Administrative Agent received at its address specified pursuant to Article 13 XIV or at any Lending Installation specified in a notice received by the Administrative Agent from such Lender. The Borrower authorizes the Administrative Agent is hereby authorized to charge any the account of the Borrower maintained with Wells Fargo Fleet for each payment of principal, interest, Reimbursement Obligations interest and fees as it becomes due hereunder . Each reference to the Administrative Agent in this Section 2.11 shall also be deemed to refer, and shall apply equally, (i) to the Swingline Lender, in the case of payments required to be made by the Borrower to the Swingline Lender and (ii) to the applicable LC Issuer, in the case of payments required to be made by the Borrower to such LC Issuer .

Appears in 1 contract

Samples: Credit Agreement (Haynes International Inc)

Method of Payment. All payments of the Obligations principal, interest, and fees hereunder shall be made, without setoff, deduction, or counterclaim, in immediately available funds to the Administrative Agent at the Administrative Agent’s address specified pursuant to Article 13 XIII, or at any other Lending Installation of the Administrative Agent specified in writing by the Administrative Agent to the Borrower, by 12:00 noon 1:00 p.m. (Chicago time) on the date when due and shall (except for in the case of payments in respect of Reimbursement Obligations for Swing Line Loans which shall be paid to the applicable LC Issuer has not received Swing Line Bank and payments from in respect of Competitive Loans which shall be paid to the Lenders or as otherwise specifically required hereunder holding such Competitive Loans) shall, upon receipt by the Administrative Agent be applied paid ratably by the Administrative Agent among the Lenders Lenders with respect to their Loans. Each payment delivered to the Administrative Agent for the account of any Lender shall be delivered promptly by the Administrative Agent to such Lender in the same type of funds that which the Administrative Agent received at its address specified pursuant to Article 13 XIII or at any Lending Installation specified in a notice received by the Administrative Agent from such Lender. The Administrative Agent is hereby authorized to charge any account of the Borrower maintained with Wells Fargo JPMorgan Chase Bank for each payment of principal, interest, Reimbursement Obligations interest and fees as it becomes due hereunder. Each reference The Administrative Agent shall endeavor in good faith to provide telephonic notice to Borrower prior to any such charge, but the Administrative Agent in this Section 2.11 shall also not be deemed liable to refer, Borrower or any other Person if Administrative Agent fails to provide any such notice. If and shall apply equally, (i) to the Swingline Lender, in the case of payments required extent payment owed to be any Lender is not made by the Borrower to the Swingline Lender and (ii) to the applicable LC Issuer Administrative Agent or that Lender, in as the case may be, when due hereunder or under any Loan held by that Lender, the Borrower further authorizes such Lender to charge from time to time against any or all of payments required to be made the accounts maintained by the Borrower with the Lender, its subsidiaries, affiliates or branches any amount so due, subject to such LC Issuer the provisions of Article XI.

Appears in 1 contract

Samples: Credit Agreement (Lennar Corp /New/)

Method of Payment. All payments of the Obligations principal, interest, and fees hereunder shall be made, without setoff, deduction, or counterclaim, in immediately available funds to the Administrative Agent at the Administrative Agent’s address specified pursuant to Article 13 XIII, or at any other Lending Installation of the Administrative Agent specified in writing by the Administrative Agent to the Borrower, by 12:00 noon 2:00 p.m. (New York time) on the date when due and shall (except for in the case of payments in respect of Reimbursement Obligations for Swing Line Loans which shall be paid to the applicable LC Issuer has not received Swing Line Bank and payments from in respect of Competitive Loans which shall be paid to the Lenders or as otherwise specifically required hereunder holding such Competitive Loans) shall, upon receipt by the Administrative Agent be applied paid ratably by the Administrative Agent among the Lenders Lenders with respect to their Loans. Each payment delivered to the Administrative Agent for the account of any Lender shall be delivered promptly by the Administrative Agent to such Lender in the same type of funds that which the Administrative Agent received at its address specified pursuant to Article 13 XIII or at any Lending Installation specified in a notice received by the Administrative Agent from such Lender. The Administrative Agent is hereby authorized to charge any account of the Borrower maintained with Wells Fargo JPMorgan Chase Bank for each payment of principal, interest, Reimbursement Obligations interest and fees as it becomes due hereunder. Each reference The Administrative Agent shall endeavor in good faith to provide telephonic notice to Borrower prior to any such charge, but the Administrative Agent in this Section 2.11 shall also not be deemed liable to refer, Borrower or any other Person if Administrative Agent fails to provide any such notice. If and shall apply equally, (i) to the Swingline Lender, in the case of payments required extent payment owed to be any Lender is not made by the Borrower to the Swingline Lender and (ii) to the applicable LC Issuer Administrative Agent or that Lender, in as the case may be, when due hereunder or under any Loan held by that Lender, the Borrower further authorizes such Lender to charge from time to time against any or all of payments required to be made the accounts maintained by the Borrower with the Lender, its subsidiaries, affiliates or branches any amount so due, subject to such LC Issuer the provisions of Article XI.

Appears in 1 contract

Samples: Credit Agreement (Lennar Corp /New/)

Method of Payment. All payments of the Obligations principal, interest, and fees hereunder with respect to each Facility shall be made, without setoff, deduction, or counterclaim, in immediately available funds to the Administrative Agent at the Administrative Agent ’s 's address specified pursuant to Article 13 XIII, or at any other Lending Installation of the Administrative Agent specified in writing by the Administrative Agent to the Borrower, by 12:00 noon 1:00 p.m. (Chicago time) on the date when due and shall (except for payments of Reimbursement Obligations for which the applicable LC Issuer has not received payments from the Lenders or as otherwise specifically required hereunder) be applied made ratably by the Administrative Agent among the Lenders Lenders of such Facility with respect to their Loans. Each payment delivered to the Administrative Agent for the account of any Lender shall be delivered promptly by the Administrative Agent to such Lender in the same type of funds that which the Administrative Agent received at its address specified pursuant to Article 13 XIII or at any Lending Installation specified in a notice received by the Administrative Agent from such Lender. The Administrative Agent is hereby authorized to charge any account of the Borrower maintained with Wells Fargo Bank One for each payment of principal, interest, Reimbursement Obligations interest and fees as it becomes due hereunder. Each reference The Administrative Agent shall endeavor in good faith to provide telephonic notice to Borrower prior to any such charge, but the Administrative Agent in this Section 2.11 shall also not be deemed liable to refer, Borrower or any other Person if Administrative Agent fails to provide any such notice. If and shall apply equally, (i) to the Swingline Lender, in the case of payments required extent payment owed to be any Lender is not made by the Borrower to the Swingline Lender and (ii) to the applicable LC Issuer Administrative Agent or that Lender, in as the case may be, when due hereunder or under the Note held by that Lender, the Borrower further authorizes such Lender to charge from time to time against any or all of payments required to be made the accounts maintained by the Borrower with the Lender, its subsidiaries, affiliates or branches any amount so due, subject to such LC Issuer the provisions of Article XI.

Appears in 1 contract

Samples: Lennar Corp /New/

Method of Payment. All payments of the Obligations principal, interest, and fees hereunder with respect to each Facility shall be made, without setoff, deduction, or counterclaim, in immediately available funds to the Administrative Agent at the Administrative Agent’s address specified pursuant to Article 13 XIII, or at any other Lending Installation of the Administrative Agent specified in writing by the Administrative Agent to the Borrower, by 12:00 noon 1:00 p.m. (Chicago time) on the date when due and shall (except for payments of Reimbursement Obligations for which the applicable LC Issuer has not received payments from the Lenders or as otherwise specifically required hereunder) be applied made ratably by the Administrative Agent among the Lenders Lenders of such Facility with respect to their Loans. Each payment delivered to the Administrative Agent for the account of any Lender shall be delivered promptly by the Administrative Agent to such Lender in the same type of funds that which the Administrative Agent received at its address specified pursuant to Article 13 XIII or at any Lending Installation specified in a notice received by the Administrative Agent from such Lender. The Administrative Agent is hereby authorized to charge any account of the Borrower maintained with Wells Fargo Bank One for each payment of principal, interest, Reimbursement Obligations interest and fees as it becomes due hereunder. Each reference The Administrative Agent shall endeavor in good faith to provide telephonic notice to Borrower prior to any such charge, but the Administrative Agent in this Section 2.11 shall also not be deemed liable to refer, Borrower or any other Person if Administrative Agent fails to provide any such notice. If and shall apply equally, (i) to the Swingline Lender, in the case extent payment owed to any Table of payments required to be Contents Lender is not made by the Borrower to the Swingline Lender and (ii) to the applicable LC Issuer Administrative Agent or that Lender, in as the case may be, when due hereunder or under the Note held by that Lender, the Borrower further authorizes such Lender to charge from time to time against any or all of payments required to be made the accounts maintained by the Borrower with the Lender, its subsidiaries, affiliates or branches any amount so due, subject to such LC Issuer the provisions of Article XI.

Appears in 1 contract

Samples: Credit Agreement (Lennar Corp /New/)

Method of Payment. All payments of the principal, interest, fees and Reimbursement Obligations hereunder shall be made made in Dollars, without setoff, deduction, deduction or counterclaim counterclaim (unless indicated otherwise in Section 2.12(E)), in immediately available funds to the Administrative Paying Agent at the Administrative Paying Agent’s address specified pursuant to Article 13 XIV, or at any other Lending Installation office of the Administrative Paying Agent specified in writing by the Administrative Paying Agent to the Borrower, by 12:00 noon 2:00 p.m. (New York time) on the date when due and shall (except for due. All payments of Reimbursement Obligations for which the applicable LC Issuer has not received payments from the Lenders or as otherwise specifically required hereunder) be applied ratably by the Administrative Agent among the Lenders. Each payment delivered to the Administrative Agent for the account of any Lender shall be delivered promptly by the Administrative Agent to such Lender in the same type of funds that the Administrative Agent received at its address specified pursuant to Article 13 or at any Lending Installation specified in a notice received by the Administrative Agent from such Lender. The Administrative Agent is hereby authorized to charge any account of the Borrower maintained with Wells Fargo for each payment of principal, interest, Reimbursement Obligations and fees as it becomes due hereunder. Each reference to the Administrative Agent in this Section 2.11 shall also be deemed to refer, and shall apply equally, (i) to the Swingline Lender, in the case of payments required to be made by the Borrower to the Swingline Lender Paying Agent as provided herein shall be deemed received by the Lenders or the Issuing Bank for all purposes as between the Lenders or the Issuing Bank and (ii) the Borrower. The Administrative Agent shall notify the Paying Agent in advance of each such expected payment. The Paying Agent will promptly thereafter cause to be distributed like funds relating to the applicable LC Issuer payment of principal, interest or facility fees to the Administrative Agent or, with respect to payments to be made to the Issuing Bank, the Issuing Bank, and the Administrative Agent or the Issuing Bank (as the case may be) will promptly after any such payment cause to be distributed like funds relating to the payment of principal or interest or facility fees ratably to the to the Lenders, in each case to be applied in accordance with the case terms of payments required to this Agreement. Payment of any amount due under Sections 2.12(E), 4.1, 4.2 and 4.4 shall be made by the Borrower directly to such LC Issuer the applicable Lender.

Appears in 1 contract

Samples: Credit Agreement (Arvinmeritor Inc)

Method of Payment. All payments of the Obligations principal, interest, fees and commissions hereunder shall be made, without setoff, deduction, deduction or counterclaim counterclaim (unless indicated otherwise in SECTION 2.15(E)), in immediately available funds to the Administrative Agent at the Administrative -24- 30 Agent ’s 's address specified pursuant to Article 13 ARTICLE XV with respect to Advances or other Obligations denominated in Dollars, or at any other Lending Installation of the Administrative Agent specified in writing by the Administrative Agent to the Borrower Company, by 12:00 noon 2:00 p.m. (New York time) on the date when due and shall (except for payments of Reimbursement Obligations for which the applicable LC Issuer has not received payments from the Lenders or as otherwise specifically required hereunder) be applied ratably by the Administrative Agent among the Lenders Lenders with respect to any principal and interest due in connection with Loans. Each payment delivered to the Administrative Agent for the account of any Lender shall be delivered promptly by the Administrative Agent to such Lender in the same type of funds that which the Administrative Agent received at its address specified pursuant to Article 13 ARTICLE XV or at any Lending Installation specified in a notice received by the Administrative Agent from such Lender. The Company authorizes the Administrative Agent is hereby authorized to charge any the account of the Borrower Company maintained with Wells Fargo ABN, after one (1) Business Day's prior written notice to the Company, for each payment of principal, interest, Reimbursement Obligations fees and fees as it becomes due hereunder. Each reference to the Administrative Agent in this Section 2.11 shall also be deemed to refer, and shall apply equally, (i) to the Swingline Lender, in the case of payments required to be made by the Borrower to the Swingline Lender and (ii) to the applicable LC Issuer, in the case of payments required to be made by the Borrower to such LC Issuer commissions.

Appears in 1 contract

Samples: Lanier Worldwide Inc

Method of Payment. All payments of the Obligations principal, interest, fees and commissions hereunder shall be made, without setoff, deduction, deduction or counterclaim, in immediately available funds to the Administrative Agent at the Administrative Agent’s address specified pursuant to Article 13 XIV, or at any other Lending Installation of the Administrative Agent specified in writing by the Administrative Agent to the Borrower, by 12:00 noon 2:00 p.m. (Chicago time) on the date when due and shall (except for payments of Reimbursement Obligations for which the applicable LC Issuer has not received payments from be made ratably among the Lenders or as otherwise specifically required hereunder) (unless such amount is not to be applied shared ratably by in accordance with the Administrative Agent among the Lenders terms hereof). Each payment delivered to the Administrative Agent for the account of any Lender shall be delivered promptly by the Administrative Agent to such Lender in the same type of funds that which the Administrative Agent received at its address specified pursuant to Article 13 XIV or at any Lending Installation specified in a notice received by the Administrative Agent from such Lender. The Borrower authorizes the Administrative Agent is hereby authorized to charge any the account of the Borrower maintained with Wells Fargo JPMorgan for each payment of principal, interest, Reimbursement Obligations fees and fees commissions as it becomes due hereunder . Each reference to the Administrative Agent in this Section 2.11 shall also be deemed to refer, and shall apply equally, (i) to the Swingline Lender, in the case of payments required to be made by the Borrower to the Swingline Lender and (ii) to the applicable LC Issuer, in the case of payments required to be made by the Borrower to such LC Issuer .

Appears in 1 contract

Samples: Term Loan Credit Agreement (Energizer Holdings Inc)

Method of Payment. All payments of the Obligations principal, interest, fees and commissions hereunder shall be made, without setoff, deduction, deduction or counterclaim, in immediately available funds to the Administrative Agent at the Administrative Agent’s address specified pursuant to Article 13 XIV, or at any other Lending Installation of the Administrative Agent specified in writing by the Administrative Agent to the Borrower, by 12:00 noon 3:00 p.m. (New York time) on the date when due and shall (except for payments of Reimbursement Obligations for which the applicable LC Issuer has not received payments from be made ratably among the Lenders or as otherwise specifically required hereunder) (unless such amount is not to be applied shared ratably by in accordance with the Administrative Agent among the Lenders terms hereof). Each payment delivered to the Administrative Agent for the account of any Lender shall be delivered promptly by the Administrative Agent to such Lender in the same type of funds that which the Administrative Agent received at its address specified pursuant to Article 13 XIV or at any Lending Installation specified in a notice received by the Administrative Agent from such Lender. The Borrower authorizes the Administrative Agent is hereby authorized to charge any the account of the Borrower maintained with Wells Fargo Citibank for each payment of principal, interest, Reimbursement Obligations fees and fees commissions as it becomes due hereunder . Each reference to the Administrative Agent in this Section 2.11 shall also be deemed to refer, and shall apply equally, (i) to the Swingline Lender, in the case of payments required to be made by the Borrower to the Swingline Lender and (ii) to the applicable LC Issuer, in the case of payments required to be made by the Borrower to such LC Issuer .

Appears in 1 contract

Samples: Term Loan Credit Agreement (Energizer Holdings Inc)

Method of Payment. All payments of the principal, interest, fees and other Obligations hereunder shall be made, without setoff, deduction, or counterclaim, made in immediately available funds to the Administrative Agent at the Administrative Agent ’s address 's location specified pursuant to Article 13, XII or at any other Lending Installation of the Administrative Agent specified in writing by the Administrative Agent to the Borrower, Credit Party by 12:00 noon (Chicago time) on the date when due and shall 10 17 be made ratably among the Lenders (except for payments of Reimbursement Obligations for which the applicable LC Issuer has not received payments from the Lenders or as otherwise specifically required hereunder specified herein) be applied ratably by the Administrative Agent among the Lenders entitled thereto. Each payment delivered to the Administrative Agent for the account of any Lender or the LC Issuer shall be delivered promptly by the Administrative Agent to such Lender or the LC Issuer in the same type of funds that which the Administrative Agent received at its address specified pursuant to Article 13 XII or at any Lending Installation specified in a notice received by the Administrative Agent from such Lender. The Administrative Agent is hereby authorized to charge any the account of the Borrower Company maintained with Wells Fargo BofA and/or Bank of America Illinois for each payment of principal, interest, Reimbursement Obligations interest and fees as it becomes due hereunder . Each reference to the Administrative Agent in this Section 2.11 shall also be deemed to refer, and shall apply equally, (i) to the Swingline Lender, in the case of payments required to be made by the Borrower to the Swingline Lender and (ii) to the applicable LC Issuer, in the case of payments required to be made by the Borrower to such LC Issuer .

Appears in 1 contract

Samples: Zeigler Coal Holding Co

Method of Payment. All payments of the principal, interest, fees, ------------------- commissions and L/C Obligations hereunder shall be made, without setoff, deduction, deduction or counterclaim, in immediately available funds to the Administrative Agent at the Administrative Agent ’s 's address specified pursuant to Article 13 XIV, ----------- or at any other Lending Installation of the Administrative Agent specified in writing by the Administrative Agent to the Borrower, by 12:00 noon 2:00 p.m. (Chicago time) on the date when due and shall (except for payments of Reimbursement Obligations for which the applicable LC Issuer has not received payments from be made ratably among the Lenders or as otherwise specifically required hereunder) (unless such amount is not to be applied shared ratably by in accordance with the Administrative Agent among the Lenders terms hereof). Each payment delivered to the Administrative Agent for the account of any Lender shall be delivered promptly by the Administrative Agent to such Lender in the same type of funds that which the Administrative Agent received at its address specified pursuant to Article 13 XIV or at any Lending Installation specified in a ----------- notice received by the Administrative Agent from such Lender. The Borrower authorizes the Administrative Agent is hereby authorized to charge any the account of the Borrower maintained with Wells Fargo Bank One for each payment of principal, interest, Reimbursement fees, commissions and L/C Obligations and fees as it becomes due hereunder. Each reference to the Administrative Agent in this Section 2.11 shall also be deemed to refer, and ------------ shall apply equally, (i) to the Swingline Lender, in the case of payments required to be made by the Borrower to the Swingline Lender and (ii) to the applicable LC Issuer each Issuing Bank, in the case of payments required to be made by the Borrower to such LC Issuer. Issuing Bank pursuant to Article III. -----------

Appears in 1 contract

Samples: Revolving Credit Agreement (Ralston Purina Co)

Method of Payment. All payments of the principal, interest, fees, commissions and L/C Obligations hereunder shall be made, without setoff, deduction, deduction or counterclaim, in immediately available funds to the Administrative Agent at the Administrative Agent ’s 's address specified pursuant to Article 13 XIV, or at any other Lending Installation of the Administrative Agent 30 37 specified in writing by the Administrative Agent to the Borrower, by 12:00 noon 2:00 p.m. (Chicago time) on the date when due and shall (except for payments of Reimbursement Obligations for which the applicable LC Issuer has not received payments from be made ratably among the Lenders or as otherwise specifically required hereunder) (unless such amount is not to be applied shared ratably by in accordance with the Administrative Agent among the Lenders terms hereof). Each payment delivered to the Administrative Agent for the account of any Lender shall be delivered promptly by the Administrative Agent to such Lender in the same type of funds that which the Administrative Agent received at its address specified pursuant to Article 13 XIV or at any Lending Installation specified in a notice received by the Administrative Agent from such Lender. The Borrower authorizes the Administrative Agent is hereby authorized to charge any the account of the Borrower maintained with Wells Fargo Bank One for each payment of principal, interest, Reimbursement fees, commissions and L/C Obligations and fees as it becomes due hereunder. Each reference to the Administrative Agent in this Section 2.11 shall also be deemed to refer, and shall apply equally, (i) to the Swingline Lender Issuing Bank, in the case of payments required to be made by the Borrower to the Swingline Lender and (ii) Issuing Bank pursuant to the applicable LC Issuer, in the case of payments required to be made by the Borrower to such LC Issuer Article III.

Appears in 1 contract

Samples: Catalina Marketing Corp/De

Method of Payment. All payments of the principal, interest, fees, commissions and L/C Obligations hereunder shall be made, without setoff, deduction, deduction or counterclaim, in immediately available funds to the Administrative Agent at the Administrative Agent ’s 's address specified pursuant to Article 13 XIV, or at any other Lending Installation of the Administrative Agent specified in writing by the Administrative Agent to the Borrower, by 12:00 noon 2:00 p.m. (Chicago time) on the date when due and shall (except for payments of Reimbursement Obligations for which the applicable LC Issuer has not received payments from be made ratably among the Lenders or as otherwise specifically required hereunder) (unless such amount is not to be applied shared ratably by in accordance with the Administrative Agent among the Lenders terms hereof). Each payment delivered to the Administrative Agent for the account of any Lender shall be delivered promptly by the Administrative Agent to such Lender in the same type of funds that which the Administrative Agent received at its address specified pursuant to Article 13 XIV or at any Lending Installation specified in a notice received by the Administrative Agent from such Lender. The Borrower authorizes the Administrative Agent is hereby authorized to charge any the account of the Borrower maintained with Wells Fargo Bank One for each payment of principal, interest, Reimbursement fees, commissions and L/C Obligations and fees as it becomes due hereunder. Each reference to the Administrative Agent in this Section 2.11 shall also be deemed to refer, and shall apply equally, (i) to the Swingline Lender Issuing Bank, in the case of payments required to be made by the Borrower to the Swingline Lender and (ii) Issuing Bank pursuant to the applicable LC Issuer, in the case of payments required to be made by the Borrower to such LC Issuer Article III.

Appears in 1 contract

Samples: Second Amended and Restated Credit Agreement (Catalina Marketing Corp/De)

Method of Payment. All payments of the principal, interest, fees, commissions and L/C Obligations hereunder shall be made, without setoff, deduction, deduction or counterclaim, in immediately available funds to the Administrative Agent at the Administrative Agent’s address specified pursuant to Article 13, XIV or at any other Lending Installation of the Administrative Agent specified in writing by the Administrative Agent to the Borrower, by 12:00 noon 2:00 p.m. (Chicago time) on the date when due and shall (except for payments of Reimbursement Obligations for which the applicable LC Issuer has not received payments from be made ratably among the Lenders or as otherwise specifically required hereunder) (unless such amount is not to be applied shared ratably by in accordance with the Administrative Agent among the Lenders terms hereof). Each payment delivered to the Administrative Agent for the account of any Lender shall be delivered promptly by the Administrative Agent to such Lender in the same type of funds that which the Administrative Agent received at its address specified pursuant to Article 13 XIV or at any Lending Installation specified in a notice received by the Administrative Agent from such Lender. The Borrower authorizes the Administrative Agent is hereby authorized to charge any the account of the Borrower maintained with Wells Fargo Bank One for each payment of principal, interest, Reimbursement fees, commissions and L/C Obligations and fees as it becomes due hereunder. Each reference to the Administrative Agent in this Section 2.11 shall also be deemed to refer, and shall apply equally, (i) to the Swingline Lender, in the case of payments required to be made by the Borrower to the Swingline Lender and (ii) to the applicable LC Issuer each Issuing Bank, in the case of payments required to be made by the Borrower to such LC Issuer Issuing Bank pursuant to Article III.

Appears in 1 contract

Samples: Revolving Credit Agreement (Energizer Holdings Inc)

Method of Payment. All payments of the principal, interest, fees, reimbursements, commissions and other Obligations hereunder shall be made, without setoff, deduction, deduction or counterclaim counterclaim (unless indicated otherwise in Section 2.14(E)), in immediately available funds to the Administrative Agent at the Administrative Agent’s address specified pursuant to Article 13, XV. Each Advance shall be repaid or at any other Lending Installation of prepaid in Dollars in the Administrative Agent specified in writing by the Administrative Agent amount equal to the Borrower, by 12:00 noon on the date when due amount borrowed and interest payable thereon shall (except for payments of Reimbursement Obligations for which the applicable LC Issuer has not received payments from the Lenders or as otherwise specifically required hereunder) also be applied ratably by the Administrative Agent among the Lenders paid in Dollars. Each payment delivered to the Administrative Agent for the account of any Lender shall be delivered promptly by the Administrative Agent to such Lender in the same type of funds that the Administrative Agent received at its address specified pursuant to Article 13 XV or at any Lending Installation specified in a notice received by the Administrative Agent from such Lender. The Administrative Agent is hereby authorized to charge any account of the Borrower or the Company maintained with Wells Fargo JPMorgan or any of its Affiliates for each payment of principal, interest, Reimbursement Obligations interest and fees as it becomes due hereunder . Each reference to the Administrative Agent in this Section 2.11 shall also be deemed to refer, and shall apply equally, (i) to the Swingline Lender, in the case of payments required to be made by the Borrower to the Swingline Lender and (ii) to the applicable LC Issuer, in the case of payments required to be made by the Borrower to such LC Issuer .

Appears in 1 contract

Samples: Term Loan Agreement (Chicago Bridge & Iron Co N V)

Method of Payment. All payments of the Obligations hereunder ----------------- shall be made, without setoff, deduction, or counterclaim, in immediately available funds to the Administrative Agent at the Administrative Agent ’s 's address specified pursuant to Article 13 IX, or at any other Lending Installation of the Administrative Agent specified in writing by the Administrative Agent to the Borrower, by 12:00 noon (local time at the Lending Installation) on the date when due and shall (except for payments the Administrative Agent will promptly distribute to each Lender its ratable share of Reimbursement Obligations for which the applicable LC Issuer has not each such payment received payments from the Lenders or as otherwise specifically required hereunder) be applied ratably by the Administrative Agent among for the account of the Lenders ; provided, however, that if on any date the Borrower shall pay less than the -------- ------- full amount of its Obligations owing on such date, such payment shall be distributed to the Lenders ratably based upon the ratio that the aggregate amount of such Obligations owing to each such Lender on such date bears to the aggregate amount of such Obligations owing to all the Lenders on such date. Each payment delivered to the Administrative Agent for the account of any Lender shall be delivered promptly by the Administrative Agent to such Lender in the same type of funds that the Administrative Agent received at its address specified pursuant to Article 13 IX or at any Lending Installation specified in a notice received by the Administrative Agent from such Lender. The Administrative Agent is hereby authorized to charge any account the respective accounts of the Borrower maintained with Wells Fargo First Chicago for each payment of principal, interest, Reimbursement fees and other Obligations and fees as it becomes due hereunder . Each reference to the Administrative Agent in this Section 2.11 shall also be deemed to refer, and shall apply equally, (i) to the Swingline Lender, in the case of payments required to be made by the Borrower to the Swingline Lender and (ii) to the applicable LC Issuer, in the case of payments required to be made by the Borrower to such LC Issuer .

Appears in 1 contract

Samples: National Data Corp

Method of Payment. All payments of the Obligations hereunder ----------------- shall be made, without setoff, deduction, or counterclaim, in immediately available funds to the Administrative Agent at the Administrative Agent ’s 's address specified pursuant to Article 13 XIII, or at any other Lending Installation ------------ of the Administrative Agent specified in writing by the Administrative Agent to the Borrower, by 12:00 noon (New York time) on the date when due and shall (except for payments with respect to repayments of Reimbursement Obligations for which the applicable LC Issuer has not received payments from the Lenders or as otherwise specifically required hereunder Swing Line Loans) be applied ratably by the Administrative Agent among the Lenders. Each payment delivered to the Administrative Agent for the account of any Lender shall be delivered promptly by the Administrative Agent to such Lender in the same type of funds that the Administrative Agent received at its such Lender's address specified pursuant to Article 13 XIII or at any Lending Installation specified in a ------------ notice received by the Administrative Agent from such Lender . The Administrative Agent is hereby authorized to charge any account of the Borrower maintained with Wells Fargo for each payment of principal, interest, Reimbursement Obligations and fees as it becomes due hereunder. Each reference to the Administrative Agent in this Section 2.11 shall also be deemed to refer, and shall apply equally, (i) to the Swingline Lender, in the case of payments required to be made by the Borrower to the Swingline Lender and (ii) to the applicable LC Issuer, in the case of payments required to be made by the Borrower to such LC Issuer .

Appears in 1 contract

Samples: Mead Corp

Method of Payment. All payments of the Obligations hereunder shall be ----------------- made, without setoff, deduction, or counterclaim, in immediately available funds to the Administrative Agent at the Administrative Agent ’s 's address specified pursuant to Article 13 XIII, or at any other Lending Installation of the Administrative Agent specified in writing by the Administrative Agent to the Borrower, by 12:00 noon (local time) on the date when due and shall (except for payments of Reimbursement Obligations for which the applicable LC Issuer has not received payments from the Lenders or as otherwise specifically required hereunder) be applied ratably by the Administrative Agent among the Lenders. Each payment delivered to the Administrative Agent for the account of any Lender shall be delivered promptly by the Administrative Agent to such Lender in the same type of funds that the Administrative Agent received at its address specified pursuant to Article 13 XIII or at any Lending Installation specified in a notice received by the Administrative Agent from such Lender. The Administrative Agent is hereby authorized to charge any the account of the Borrower maintained with Wells Fargo Bank One, NA for each payment of principal, interest, Reimbursement Obligations interest and fees as it becomes due hereunder . Each reference to the Administrative Agent in this Section 2.11 shall also be deemed to refer, and shall apply equally, (i) to the Swingline Lender, in the case of payments required to be made by the Borrower to the Swingline Lender and (ii) to the applicable LC Issuer, in the case of payments required to be made by the Borrower to such LC Issuer .

Appears in 1 contract

Samples: DPL Inc

Method of Payment. All payments of the Obligations hereunder shall be made made on the date when due, without setoff, deduction, or counterclaim, in immediately available funds to the Administrative Agent at the Administrative Agent’s address specified pursuant to Article 13 9, or at any other Lending Installation of the Administrative Agent specified in writing by the Administrative Agent to the Borrower, by 12:00 noon not later than 2:00 p.m. (Chicago time) or, if the Borrower has given to the Administrative Agent not later than 1:00 p.m. (Chicago time) irrevocable written notice that such payment is being made on such day, then such payment shall be made to the date when due and shall Administrative Agent not later than 3:30 p.m. ( except for payments of Reimbursement Obligations for which Chicago time) on such day. The Administrative Agent will promptly distribute to the applicable Swing Line Lender, the LC Issuer has not and/or the Lenders, as the case may be, their respective portions of each such payment received payments from the Lenders or as otherwise specifically required hereunder) be applied ratably by the Administrative Agent among for the account of the Swing Line Lender, LC Issuer, or the Lenders , as the case may be; provided, however, that if on any date the Borrower shall pay less than the full amount of its Obligations owing to the Lenders on such date, such payment shall be distributed to the Lenders ratably based upon the ratio that the aggregate amount of such Obligations owing to each such Lender on such date bears to the aggregate amount of such Obligations owing to all the Lenders on such date. Each payment delivered to the Administrative Agent for the account of any Lender the Swing Line Lender, LC Issuer, or the Lenders, as the case may be, shall be delivered promptly by the Administrative Agent to such Lender Person in the same type of funds that the Administrative Agent received at its address specified pursuant to Article 13 9 or at any Lending Installation specified in a notice received by the Administrative Agent from such Lender Person. The Administrative Agent is hereby authorized to charge any account the respective accounts of the Borrower maintained with Wells Fargo Bank One for each payment of principal, interest, Reimbursement Obligations, fees and other Obligations and fees as it becomes due hereunder. Each reference to the Administrative Agent in this Section 2.11 2.12 shall also be deemed to refer, and shall apply equally, (i) to the Swingline Lender, in the case of payments required to be made by the Borrower to the Swingline Lender and (ii) to the applicable LC Issuer, in the case of payments required to be made by the Borrower to such the LC Issuer Issuer pursuant to Section 2.4(f).

Appears in 1 contract

Samples: Credit Agreement (Global Payments Inc)

Method of Payment. All payments of the Obligations hereunder shall be made, made without setoff, deduction, or counterclaim, in immediately available funds to the Administrative Agent at the Administrative Agent ’s 's address specified pursuant to Article 13 IX, or at any other Lending Installation of the Administrative Agent specified in writing by the Administrative Agent to the Borrower, by 12:00 noon 1:00 p.m. (Charlotte time) on the date when due and shall (except for payments of Reimbursement Obligations for which the applicable LC Issuer has not received payments from the Lenders or as otherwise specifically required hereunder) be applied ratably by the Administrative Agent among the Lenders. Each payment delivered to the Administrative Agent for the account of any Lender shall be delivered promptly the same business day if received by 1:00 p.m. Charlotte time by the Administrative Agent to such Lender in the same type of funds that the Administrative Agent received at its address specified pursuant to Article 13 IX or at any Lending Installation specified in a notice received by the Administrative Agent from such Lender. If the Administrative Agent fails to forward such payment by the close of business on such Business Day, or, with respect to any other payment received by the Administrative Agent after 1:00 p.m. Charlotte time, on the same Business Day as received by the Administrative Agent, the Administrative Agent shall remit to each Lender its applicable Percentage of such payment on the immediately following Business Day, together with interest thereon until payment at the customary rate set by the Administrative Agent for the correction of errors among banks for three Business Days and thereafter at the Corporate Base Rate. The Administrative Agent is hereby authorized to charge any the account of the Borrower maintained with Wells Fargo First Union for each payment of principal, interest, Reimbursement Obligations interest and fees as it becomes due hereunder . Each reference to the Administrative Agent in this Section 2.11 shall also be deemed to refer, and shall apply equally, (i) to the Swingline Lender, in the case of payments required to be made by the Borrower to the Swingline Lender and (ii) to the applicable LC Issuer, in the case of payments required to be made by the Borrower to such LC Issuer .

Appears in 1 contract

Samples: Susa Partnership Lp

Method of Payment. All payments of the Obligations hereunder shall be made, without setoff set-off, deduction, or counterclaim, by wire transfer to Administrative Agent's account designated in immediately available funds writing from time to time by notice to Borrower or, in the absence of such notice, to Administrative Agent at the Administrative Agent’s its address specified pursuant to Article 13 herein, or at any other Lending Installation of the Administrative Agent specified in writing by the Administrative Agent to the Borrower, by 12:00 noon (local time) on the date when due and shall (except for payments of Reimbursement Obligations for which the applicable LC Issuer has not received payments from the Lenders or as otherwise specifically required hereunder) be applied ratably by the Administrative Agent among the Lenders , except as otherwise provided herein. Each payment delivered to the Administrative Agent for the account of any Lender shall be delivered promptly by the Administrative Agent to such Lender in the same type of funds that the Administrative Agent received at its address specified pursuant to Article 13 herein or at any Lending Installation specified in a notice received by the Administrative Agent from such Lender. The Administrative Agent is hereby authorized to charge any account accounts of the Borrower maintained with Wells Fargo BOFA for each payment of principal, interest, Reimbursement Obligations interest and fees as it becomes due hereunder . Each reference to the Administrative Agent in this Section 2.11 shall also be deemed to refer, and shall apply equally, (i) to the Swingline Lender, in the case of payments required to be made by the Borrower to the Swingline Lender and (ii) to the applicable LC Issuer, in the case of payments required to be made by the Borrower to such LC Issuer .

Appears in 1 contract

Samples: Great Lakes Reit Inc