Common use of Payments and Computations, Etc Clause in Contracts

Payments and Computations, Etc. All amounts to be paid to the Administrative Agent, the Managing Agents or the Lenders by the Borrower hereunder shall be paid or deposited in accordance with the terms hereof no later than 2:00 p.m. (New York City time) on the day when due in lawful money of the United States of America in immediately available funds to the Collection Account or such account as the Administrative Agent or the relevant Managing Agents may designate prior to such payment from time to time in writing. The Borrower shall, to the extent permitted by law, pay to the Affected Party interest on any amounts not paid by the Borrower when due hereunder at 2.00% per annum above the Prime Rate from time to time in effect, payable on demand. All computations of Interest, Unused Fees and Servicing Fees hereunder shall be made on the basis of a year of 360 days for the actual number of days (including the first but excluding the last day) elapsed; provided, that all computations of Interest calculated at the Prime Rate shall be made on the basis of a year of 365 days for the actual number of days (including the first but excluding the last day) elapsed. In no event shall any provision of this Agreement require the payment or permit the collection of Interest in excess of the maximum permitted by applicable law. In the event that any payment hereunder (whether constituting a repayment of Loans or a payment of Interest or any other amount) is rescinded or must otherwise be returned for any reason, the amount of such payment shall be restored and such payment shall be considered not to have been made.

Payments and Computations, Etc. All amounts to be paid to the Administrative Agent, the Managing Agents or the Lenders deposited by the Borrower Borrowers hereunder shall be paid or deposited in accordance with the terms hereof no later than 2:00 p.m. (New York City time) on the day when due in lawful money of the United States of America in immediately available funds to the Collection Debt Service Account or such account as the Administrative Agent or the relevant Managing Agents Lenders may designate prior to such payment from time to time in writing. The Borrower Borrowers shall, to the extent permitted by law, pay to the Affected Party interest on any all amounts not paid or deposited or debited by the Borrower such Person when due hereunder at 2.00% per annum above the Prime Default Rate from time to time in effect, payable on demand. All computations of Interest, Unused Fees Interest and Servicing Fees hereunder shall be made by the Calculation Agent on the basis of a year of 360 days for the actual number of days (including the first but excluding the last day) elapsed; provided, that all computations of Interest calculated at the Prime Alternative Rate shall be made by the Calculation Agent on the basis of a year of 365 days for the actual number of days (including the first but excluding the last day) elapsed. In no event shall any provision of this Agreement require the payment or permit the collection of Interest in excess of the maximum permitted by applicable lawMaximum Legal Rate. In the event that any payment hereunder (whether constituting a repayment of Loans or a payment of Interest or any other amount) is rescinded or must otherwise be returned for any reasonreason (including pursuant to any settlement entered into by any Secured Party in its discretion), the amount of such payment shall be restored and such payment shall be considered not to have been made.

Payments and Computations, Etc. All amounts to be paid to the Administrative Agent, the Managing Agents or the Lenders deposited by the Borrower or the Servicer hereunder shall be paid or deposited in accordance with the terms hereof no later than 2:00 p.m. (New York City time) on the day when due in lawful money of the United States of America in immediately available funds to the Collection Account or such account as the Administrative Program Agent or the relevant Managing Agents may designate prior to such payment from time to time in writing. The Borrower and the Servicer (only with respect to amounts payable pursuant to Section 8.02) shall, to the extent permitted by law, pay to the Affected Party interest on any all amounts not paid or deposited or debited by the Borrower such Person when due hereunder at 2.002% per annum above the Prime Base Rate from time to time in effect, payable on demand. All computations of Interest, Unused Liquidity Fees, Servicer Fees and Servicing Fees interest hereunder shall be made on the basis of a year of 360 days for the actual number of days (including the first but excluding the last day) elapsed; provided, provided that all computations of Interest calculated at the Prime Base Rate shall be made on the basis of a year of 365 days for the actual number of days (including the first but excluding the last day) elapsed. In no event shall any provision of this Agreement require the payment or permit the collection of Interest in excess of the maximum permitted by applicable law. In the event that any payment hereunder (whether constituting a repayment of Loans or a payment of Interest or any other amount) is rescinded or must otherwise be returned for any reason, the amount of such payment shall be restored and such payment shall be considered not to have been made.

Payments and Computations, Etc. All amounts to be paid to the Administrative Agent, the Managing Agents or the Lenders deposited by the Borrower or the Servicer hereunder shall be paid or deposited in accordance with the terms hereof no later than 2:00 p.m. (New York City time) on the day when due in lawful money of the United States of America in immediately available funds to the Collection Account or such account as the Administrative Program Agent or the relevant Managing Agents may designate prior to such payment from time to time in writing. The Borrower and the Servicer (only with respect to amounts payable pursuant to Section 8.02) shall, to the extent permitted by law, pay to the Affected Party interest on any all amounts not paid or deposited or debited by the Borrower such Person when due hereunder at 2.002% per annum above the Prime Base Rate from time to time in effect, payable on demand. All computations of Interest, Unused Liquidity Fees, Servicer Fees and Servicing Fees interest hereunder shall be made on the basis of a year of 360 days for the actual number of days (including the first but excluding the last day) elapsed; provided, that all computations of Interest calculated at the Prime Base Rate shall be made on the basis of a year of 365 days for the actual number of days (including the first but excluding the last day) elapsed. In no event shall any provision of this Agreement require the payment or permit the collection of Interest in excess of the maximum permitted by applicable law. In the event that any payment hereunder (whether constituting a repayment of Loans or a payment of Interest or any other amount) is rescinded or must otherwise be returned for any reason, the amount of such payment shall be restored and such payment shall be considered not to have been made.

Payments and Computations, Etc. (a) All amounts to be paid payable to the Administrative Agent, the Managing Agents any Lender, any Affected Person or the Lenders by the any Borrower Indemnified Party hereunder shall be paid or deposited in accordance with the terms hereof no later than 2:00 p.m. (New York City time) on the day when due in lawful money of the United States of America in immediately available same day funds to the Collection Account or applicable party to which such account as the Administrative Agent or the relevant Managing Agents may designate prior to such payment from time to time in writingamounts are due. (b) The Borrower shall, to the extent permitted by lawApplicable Law, pay to the Affected Party interest on any amounts amount not paid or deposited by the Borrower it when due hereunder hereunder, at an interest rate per annum equal to 2.00% per annum above the Prime Rate from time to time in effectthen applicable Interest Rate, payable in accordance with the Priority of Payments or otherwise on written demand. (c) All computations of interest under subsection (b) above and all computations of Interest, Unused Fees and Servicing Fees other amounts hereunder shall be made on the basis of a year of 360 days for the actual number of days (including the first but excluding the last day) elapsed; provided. Whenever any payment or deposit to be made hereunder shall be due on a day other than a Business Day, that all computations of Interest calculated at the Prime Rate such payment or deposit shall be made on the basis next succeeding Business Day and such extension of a year of 365 days for time shall be included in the actual number of days (including the first but excluding the last day) elapsed. In no event shall any provision of this Agreement require the payment or permit the collection of Interest in excess of the maximum permitted by applicable law. In the event that any payment hereunder (whether constituting a repayment of Loans or a payment of Interest or any other amount) is rescinded or must otherwise be returned for any reason, the amount computation of such payment shall be restored and such payment shall be considered not to have been made.or deposit. ARTICLE V INCREASED

Payments and Computations, Etc. All amounts to be paid to the Administrative Agent, the Managing Agents or the Lenders deposited by the Borrower or the Servicer hereunder shall be paid or deposited in accordance with the terms hereof no later than 2:00 p.m. (New York City time) on the day when due in lawful money of the United States of America in immediately available funds to the Collection Account or such account as the Administrative Agent or the relevant Managing Agents Lender may designate prior to such payment from time to time in writing. The Borrower and the Servicer (only with respect to amounts payable pursuant to Section 8.02) shall, to the extent permitted by law, pay to the Affected Party interest on any all amounts not paid or deposited or debited by the Borrower such Person when due hereunder at 2.002% per annum above the Prime Base Rate from time to time in effect, payable on demand. All computations of Interest, Unused Servicer Fees and Servicing Fees interest hereunder shall be made on the basis of a year of 360 days for the actual number of days (including the first but excluding the last day) elapsed; provided, provided that all computations of Interest calculated at the Prime Base Rate shall be made on the basis of a year of 365 days for the actual number of days (including the first but excluding the last day) elapsed. In no event shall any provision of this Agreement require the payment or permit the collection of Interest in excess of the maximum permitted by applicable law. In the event that any payment hereunder (whether constituting a repayment of Loans or a payment of Interest or any other amount) is rescinded or must otherwise be returned for any reason, the amount of such payment shall be restored and such payment shall be considered not to have been made.

Payments and Computations, Etc. (a) All amounts to be paid to the Administrative Agent, the Managing Agents or the Lenders deposited by the Borrower or the Servicer hereunder shall be paid or deposited in accordance with the terms hereof no later than 2:00 1:00 p.m. (New York City time) on the day when due in lawful money of the United States of America in immediately available funds to an account the Collection Account or such account as the Administrative Program Agent or the relevant Managing Administrative Agents may designate prior to such payment from time to time in writing. The Borrower and the Servicer shall, to the extent permitted by law, pay to the Affected Party interest on any all amounts not paid or deposited or debited by the Borrower such Person when due hereunder at 2.00% per annum above the Prime Rate from time to time in effectDefault Rate, payable on demand. All computations of Interest, Unused Fees interest and Servicing all computations of Interest and Fees hereunder shall be made on the basis of a year of 360 days for the actual number of days (including the first but excluding the last day) elapsed; provided, provided that all computations of Interest calculated at the Prime on Base Rate Tranches shall be made on the basis of a year of 365 or 366 days for the actual number of days (including the first but excluding the last day) elapsed. In no event shall any provision of this Agreement require the payment or permit the collection of Interest in excess of the maximum permitted by applicable law. In the event that any payment hereunder (whether constituting a repayment of Loans or a payment of Interest or any other amount) is rescinded or must otherwise be returned for any reason, the amount of such payment shall be restored and such payment shall be considered not to have been made.

Payments and Computations, Etc. All amounts to be paid to the Administrative Agent, the Managing Agents or the Lenders deposited by the Borrower or the Servicer hereunder shall be paid or deposited in accordance with the terms hereof no later than 2:00 p.m. (New York City time) on the day when due in lawful money of the United States of America in immediately available funds to the Collection Account or such account as the Administrative Program Agent or the relevant Managing Agents may designate prior to such payment from time to time in writing. The Borrower and the Servicer (only with respect to amounts payable pursuant to Section 8.02) shall, to the extent permitted by law, pay to the Affected Party interest on any all amounts not paid or deposited or debited by the Borrower such Person when due hereunder at 2.002% per annum above the Prime Rate from time to time in effectBase Rate, payable on demand. All computations of interest and all computations of Interest, Unused Liquidity Fees, Program Fees and Servicing Servicer Fees hereunder shall be made on the basis of a year of 360 days for the actual number of days (including the first but excluding the last day) elapsed; provided, that all computations of Interest calculated at the Prime on Base Rate Tranches shall be made on the basis of a year of 365 days for the actual number of days (including the first but excluding the last day) elapsed. In no event shall any provision of this Agreement require the payment or permit the collection of Interest in excess of the maximum permitted by applicable law. In the event that any payment hereunder (whether constituting a repayment of Loans or a payment of Interest or any other amount) is rescinded or must otherwise be returned for any reason, the amount of such payment shall be restored and such payment shall be considered not to have been made.

Payments and Computations, Etc. All per annum fees payable under this Agreement shall be calculated for the actual days elapsed on the basis of a 360-day year. All amounts to be paid to or deposited by the Administrative Agent, the Managing Agents Seller or the Lenders by the Borrower Servicer hereunder shall be paid or deposited in accordance with the terms hereof in immediately available funds no later than 2:00 p.m. the time specified in the applicable provision of this Agreement, or, if not so specified, by 11:00 a.m. (New York City time) on the day when due in lawful money of the United States of America in immediately available funds due. All such amounts shall be paid or deposited to the Collection Account applicable party or account, as applicable, at the address listed on Schedule I hereto (or in the applicable Assumption Agreement); provided, that, if such amounts are payable to any Purchasers or XX Xxxxx, they shall be paid or deposited in the applicable Facility Agent’s account as indicated on Schedule I hereto (or in the Administrative Agent or the relevant Managing Agents may designate prior to applicable Assumption Agreement), until otherwise notified by such payment from time to time in writingparty. The Borrower Seller shall, to the extent permitted by lawLaw, pay to the Affected Party interest on any all amounts not paid by the Borrower or deposited when due hereunder at 2.00% per annum above a rate equal to the Prime Rate from time to time in effect, payable on demandDefault Rate. All computations of Interest, Unused Fees and Servicing Fees Yield hereunder shall be made on the basis of a year of 360 days for the actual number of days (including the first but excluding the last day) elapsed; provided, that all elapsed other than computations of Interest interest calculated at by reference to the Prime Alternate Base Rate which shall be made calculated on the basis of a year of 365 days for the actual number of days (including the first but excluding the last day) elapsed. In no event shall any provision of this Agreement require the payment 365- or permit the collection of Interest in excess of the maximum permitted by applicable law. In the event that any payment hereunder (whether constituting a repayment of Loans or a payment of Interest or any other amount) is rescinded or must otherwise be returned for any reason366-day year, the amount of such payment shall be restored and such payment shall be considered not to have been madeas applicable.

Payments and Computations, Etc. All amounts to be paid to or deposited by the Administrative Agent, the Managing Agents Seller or the Lenders by the Borrower Servicer hereunder shall be paid or deposited in accordance with the terms hereof no later than 2:00 p.m. (New York City time) on the day when due in lawful money of the United States of America in immediately available funds to the Collection Account or such account as the Administrative Program Agent or the relevant Managing Agents may designate prior to such payment from time to time in writing. The Borrower Seller and the Servicer shall, to the extent permitted by law, pay to the Affected Party interest on any all amounts not paid or deposited or debited by the Borrower such Person when due hereunder at 2.002% per annum above the Prime Rate from time to time in effectBase Rate, payable on demand. All computations of Interestinterest and all computations of Yield, Unused Liquidity Fees, Program Fees and Servicing Servicer Fees hereunder shall be made on the basis of a year of 360 days for (or in the actual number case of days (including calculations using the first but excluding the last dayBase Rate 365/366 days) elapsed; provided, that all computations of Interest calculated at the Prime Rate shall be made on the basis of a year of 365 days for the actual number of days (including the first but excluding the last day) elapsed. In no event shall any provision of this Agreement require the payment or permit the collection of Interest Yield or interest in excess of the maximum permitted by applicable law. In the event that any payment hereunder (whether constituting a repayment of Loans or a payment of Interest Capital, Yield or any other amount) is rescinded or must otherwise be returned for any reason, the amount of such payment shall be restored and such payment shall be considered not to have been made.

Payments and Computations, Etc. All amounts to be paid to the Administrative Agent, the Managing Agents or the Lenders deposited by the Borrower or the Servicer hereunder shall be paid or deposited in accordance with the terms hereof no later than 2:00 1:00 p.m. (New York City time) on the day when due in lawful money of the United States of America in immediately available funds to the Collection Account or such account as the Administrative Program Agent or the relevant Managing Agents may designate prior to such payment from time to time in writing. The Borrower and the Servicer (only with respect to amounts payable pursuant to Section 8.02) shall, to the extent permitted by law, pay to the Affected Party interest on any all amounts not paid or deposited or debited by the Borrower such Person when due hereunder at 2.002% per annum above the Prime Rate from time to time in effectBase Rate, payable on demand. All computations of interest (including, without limitation, interest on Cash Secured Advances during the Term Period) and all computations of Interest, Unused Liquidity Fees, Administrative Fees, Program Fees and Servicing Servicer Fees hereunder shall be made on the basis of a year of 360 days for the actual number of days (including the first but excluding the last day) elapsed; provided, that all computations of Interest calculated at the Prime on Base Rate Tranches shall be made on the basis of a year of 365 days for the actual number of days (including the first but excluding the last day) elapsed. In no event shall any provision of this Agreement require the payment or permit the collection of Interest in excess of the maximum permitted by applicable law. In the event that any payment hereunder (whether constituting a repayment of Loans or a payment of Interest or any other amount) is rescinded or must otherwise be returned for any reason, the amount of such payment shall be restored and such payment shall be considered not to have been made.

Payments and Computations, Etc. (a) All amounts to be paid to or deposited by the Administrative AgentSeller, the Managing Agents WMECO or the Lenders by the Borrower Servicer hereunder shall be paid or deposited in accordance with the terms hereof no later than 2:00 p.m. 11:00 A.M. (New York City time) on the day when due in lawful money of the United States of America in immediately available funds to the Collection Account or such account as Agent's Account. Each of the Administrative Agent or Seller, WMECO and the relevant Managing Agents may designate prior to such payment from time to time in writing. The Borrower Servicer shall, to the extent permitted by law, pay to the Affected Party Agent interest on any all amounts not paid or deposited by the Borrower it when due hereunder at 2.002.0% per annum above the Prime Base Rate from time to time as then in effect, payable on demand; provided, however, that such interest rate shall not at any time exceed the maximum rate permitted by applicable law. Such interest shall be retained by the Agent except to the extent that such failure to make a timely payment or deposit has continued beyond the date for distribution by the Agent of such overdue amount to the Owner of a Percentage Interest, in which case such interest accruing after such date shall be for the account of, and distributed by the Agent to the Owners ratably in accordance with their respective interests in such overdue amount. All computations of Interestinterest and all computations of Yield, Unused Fees Liquidation Yield, and Servicing Fees fees hereunder shall be made on the basis of a year of 360 days (other than with respect to any of the foregoing computations made with respect to the Base Rate, which computations shall be made on the basis of a 365 or, in the case of a leap year, 366-day year) for the actual number of days (including the first but excluding the last day) elapsed; provided, that all computations of Interest calculated at the Prime Rate shall be made on the basis of a year of 365 days for the actual number of days (including the first but excluding the last day) elapsed. In no event shall any provision of this Agreement require the payment or permit the collection of Interest in excess of the maximum permitted by applicable law. In the event that any payment hereunder (whether constituting a repayment of Loans or a payment of Interest or any other amount) is rescinded or must otherwise be returned for any reason, the amount of such payment shall be restored and such payment shall be considered not to have been made.

Payments and Computations, Etc. All amounts to be paid to the Administrative Agent, the Managing Agents or the Lenders deposited by the Borrower Borrowers hereunder shall be paid or deposited in accordance with the terms hereof no later than 2:00 p.m. (New York City time) on the day when due in lawful money of the United States of America in immediately available funds to the Collection Debt Service Account or such account as the Administrative Agent or the relevant Managing Agents Lenders may designate prior to such payment from time to time in writing. The Borrower Borrowers shall, to the extent permitted by law, pay to the Affected Party applicable Lender interest on any all amounts not paid or deposited or debited by the Borrower Borrowers when due hereunder (subject to any applicable notice and cure periods) at 2.00% per annum above the Prime Default Rate from time to time in effect, payable on demand. All computations of Interest, Unused Fees Interest and Servicing Fees hereunder shall be made by the Calculation Agent on the basis of a year of 360 days for the actual number of days (including the first but excluding the last day) elapsed; provided, that all computations of Interest calculated at based on the Prime Index Rate shall be made by the Calculation Agent on the basis of a year of 365 days for the actual number of days (including the first but excluding the last day) elapsed. In no event shall any provision of this Agreement require the payment or permit the collection of Interest in excess of the maximum permitted by applicable lawMaximum Legal Rate. In the event that any payment hereunder (whether constituting a repayment of Loans or a payment of Interest or any other amount) is rescinded or must otherwise be returned for any reason, the amount of such payment shall be restored and such payment shall be considered not to have been made.

Payments and Computations, Etc. All amounts to be paid to the Administrative Agent, the Managing Agents or the Lenders deposited by the Borrower or the Servicer hereunder shall be paid or deposited in accordance with the terms hereof no later than 2:00 p.m. (New York City time) on the day when due in lawful money of the United States of America in immediately available funds to the Collection Account or such account as the Administrative Agent or the relevant Managing Agents Lender may designate prior to such payment from time to time in writing. The Borrower and the Servicer (only with respect to amounts payable pursuant to Section 8.02) shall, to the extent permitted by law, pay to the Affected Party interest on any all amounts not paid or deposited or debited by the Borrower such Person when due hereunder at 2.002% per annum above the Prime Base Rate from time to time in effect, payable on demand. All computations of Interest, Unused Servicer Fees and Servicing Fees interest hereunder shall - 40 - be made on the basis of a year of 360 days for the actual number of days (including the first but excluding the last day) elapsed; provided, provided that all computations of Interest calculated at the Prime Base Rate shall be made on the basis of a year of 365 days for the actual number of days (including the first but excluding the last day) elapsed. In no event shall any provision of this Agreement require the payment or permit the collection of Interest in excess of the maximum permitted by applicable law. In the event that any payment hereunder (whether constituting a repayment of Loans or a payment of Interest or any other amount) is rescinded or must otherwise be returned for any reason, the amount of such payment shall be restored and such payment shall be considered not to have been made.

Payments and Computations, Etc. All amounts to be paid to the Administrative Agent, the Managing Agents or the Lenders deposited by the Borrower Borrowers hereunder shall be paid or deposited in accordance with the terms hereof no later than 2:00 p.m. (New York City time) on the day when due in lawful money of the United States of America in immediately available funds to the Collection Debt Service Account or such account as the Administrative Agent or the relevant Managing Agents Lenders may designate prior to such payment from time to time in writing. The Borrower Borrowers shall, to the extent permitted by law, pay to the Affected Party applicable Lender interest on any all amounts not paid or deposited or debited by the Borrower Borrowers when due hereunder (subject to any applicable notice and cure periods) at 2.00% per annum above the Prime Default Rate from time to time in effect, payable on demand. All computations of Interest, Unused Fees Interest and Servicing Fees hereunder shall be made by the Calculation Agent on the basis of a year of 360 days for the actual number of days (including the first but excluding the last day) elapsed; provided, that all computations of Interest calculated at based on the Prime Index Rate shall be made by the Calculation Agent on the basis of a year of 365 days for the actual number of days (including the first but excluding the last day) elapsed. In no event shall any provision of this Agreement require the payment or permit the collection of Interest in excess of the maximum permitted by applicable lawMaximum Legal Rate. In the event that any payment hereunder (whether constituting a repayment of Loans or a payment of Interest or any other amount) is rescinded or must otherwise be returned for any reason, the amount of such payment shall be restored and such payment shall be considered not to have been made.. ​

Payments and Computations, Etc. All amounts to be paid to the Administrative Agent, the Managing Agents or the Lenders deposited by the Borrower Borrowers hereunder shall be paid or deposited in accordance with the terms hereof no later than 2:00 p.m. (New York City time) on the day when due in lawful money of the United States of America in immediately available funds to the Collection Debt Service Account or such account as the Administrative Agent or the relevant Managing Agents Lenders may designate prior to such payment from time to time in writing. The Borrower Borrowers shall, to the extent permitted by law, pay to the Affected Party applicable Lender interest on any all amounts not paid or deposited or debited by the Borrower Borrowers when due hereunder (subject to any applicable notice and cure periods) at 2.00% per annum above the Prime Default Rate from time to time in effect, payable on demand. All computations of Interest, Unused Fees Interest and Servicing Fees hereunder shall be made by the Calculation Agent on the basis of a year of 360 days for the actual number of days (including the first but excluding the last day) elapsed; provided, that all computations of Interest calculated at the Prime Alternative Rate shall be made by the Calculation Agent on the basis of a year of 365 days for the actual number of days (including the first but excluding the last day) elapsed. In no event shall any provision of this Agreement require the payment or permit the collection of Interest in excess of the maximum permitted by applicable lawMaximum Legal Rate. In the event that any payment hereunder (whether constituting a repayment of Loans or a payment of Interest or any other amount) is rescinded or must otherwise be returned for any reason, the amount of such payment shall be restored and such payment shall be considered not to have been made.

Payments and Computations, Etc. All amounts to be paid to the Administrative Agent, the Managing Agents or the Lenders deposited by the Borrower or the Servicer hereunder shall be paid or deposited in accordance with the terms hereof no later than 2:00 p.m. (New York City time) on the day when due in lawful money of the United States of America in immediately available funds to the Collection Account or such account as the Administrative Program Agent or the relevant Managing Agents may designate prior to such payment from time to time in writing. The Borrower and the Servicer (only with respect to amounts payable pursuant to Section 8.02) shall, to the extent permitted by law, pay to the Affected Party interest on any all amounts not paid or deposited or debited by the Borrower such Person when due hereunder at 2.002% per annum above the Prime Base Rate from time to time in effect, payable on demand. All computations of Interest, Unused Liquidity Fees, Servicer Fees and Servicing Fees interest hereunder shall be made on the basis of a year of 360 days for the actual number of days (including the first but excluding the last day) elapsed; provided, that all computations of Interest calculated at the Prime Base Rate shall be made on the basis of a year of 365 days for the actual number of days (including the first but excluding the last day) elapsed. In no event shall any provision of this Agreement require the payment or permit the collection of Interest in excess of the maximum permitted by applicable law. In the event that any payment hereunder (whether constituting a repayment of Loans or a payment of Interest or any other amount) is rescinded or must otherwise be returned for any reason, the amount of such payment shall be restored and such payment shall be considered not to have been made. ACTIVE 200146376v.2 SECTION 2.10. [Reserved].

Payments and Computations, Etc. (a) All amounts to be paid to the Administrative Agent, the Managing Agents or the Lenders deposited by the Borrower or the Servicer hereunder shall be paid or deposited in accordance with the terms hereof no later than 2:00 p.m. 12:00 Noon (New York City time) on the day when due in lawful money of the United States of America in immediately available funds to the Collection Account or such other account as is designated by the Administrative Agent or with amounts received after such time being deemed paid on the relevant Managing Agents may designate prior to Business Day following such payment from time to time in writingreceipt. The Borrower or the Servicer (as long as the Servicer is Xxxxxx or any Affiliate of Xxxxxx), as applicable, shall, to the extent permitted by law, pay to the Affected Party Agent interest on any all amounts not paid or deposited when due hereunder (whether owing by the Borrower when due hereunder or the Servicer (as long as the Servicer is Xxxxxx or any Affiliate of Xxxxxx)) by such Person at 2.00% per annum above the Prime Rate from time to time in effectDefault Funding Rate, payable on demand; provided that such interest rate shall not at any time exceed the maximum rate permitted by applicable law. Such interest shall be for the account of, and distributed by the Agent to, the Lenders. Any Obligation hereunder shall not be reduced by any distribution of any portion of Collections if at any time such distribution is rescinded or returned by a Lender to the Borrower or any other Person for any reason. All computations of Interestinterest and all computations of Yield, Unused Liquidation Fees and other fees hereunder (including, without limitation, the Fees, the Agent’s Fee (if any) and the Servicing Fees hereunder Fee) shall be made on the basis of a year of 360 days for the actual number of days (including the first but excluding the last day) elapsed; provided, that all computations of Interest calculated at the Prime Rate shall be made on the basis of a year of 365 days for the actual number of days (including the first but excluding the last day) elapsed. In no event shall any provision of this Agreement require the payment or permit the collection of Interest in excess of the maximum permitted by applicable law. In the event that any payment hereunder (whether constituting a repayment of Loans or a payment of Interest or any other amount) is rescinded or must otherwise be returned for any reason, the amount of such payment shall be restored and such payment shall be considered not to have been made.

Payments and Computations, Etc. All amounts to be paid to the Administrative Agent, the Managing Agents or the Lenders deposited by the Borrower or the Servicer hereunder shall be paid or deposited in accordance with the terms hereof no later than 2:00 1:00 p.m. (New York City time) on the day when due in lawful money of the United States of America in immediately available funds to the Collection Account or such account as the Administrative Agent or the relevant Managing Agents may designate prior to such payment from time to time in writing. The Borrower and the Servicer (only with respect to amounts payable pursuant to Section 8.02) shall, to the extent permitted by law, pay to the Affected Party interest on any all amounts not paid or deposited or debited by the Borrower such Person when due hereunder at 2.00% per annum above the Prime Rate from time to time in effectDefault Rate, payable on demand. All computations of Interest, Unused Fees, Used Fees and Servicing Servicer Fees hereunder shall be made on the basis of a year of 360 days for the actual number of days (including the first but excluding the last day) elapsed; provided, that all computations of Interest calculated at the Prime on Base Rate Tranches shall be made on the basis of a year of 365 days for the actual number of days (including the first but excluding the last day) elapsed. In no event shall any provision of this Agreement require the payment or permit the collection of Interest in excess of the maximum permitted by applicable law. In the event that any payment hereunder (whether constituting a repayment of Loans or a payment of Interest or any other amount) is rescinded or must otherwise be returned for any reason, the amount of such payment shall be restored and such payment shall be considered not to have been made.

Payments and Computations, Etc. All amounts to be paid to the Administrative Agent, the Managing Agents or the Lenders deposited by the Borrower or the Servicer hereunder shall be paid or deposited in accordance with the terms hereof no later than 2:00 p.m. (New York City time) on the day when due in lawful money of the United States of America in immediately available funds to the Collection Account or such account as the Administrative Program Agent or the relevant Managing Agents may designate prior to such payment from time to time in writing. The Borrower and the Servicer (only with respect to amounts payable pursuant to Section 8.02) shall, to the extent permitted by law, pay to the Affected Party interest on any all amounts not paid or deposited or debited by the Borrower such Person when due hereunder at 2.002% per annum above the Prime Rate from time to time in effectBase Rate, payable on demand. All computations of Interest, Unused Liquidity Fees, Servicer Fees and Servicing Fees interest hereunder shall be made on the basis of a year of 360 days for the actual number of days (including the first but excluding the last day) elapsed; provided, that all computations of Interest calculated at the Prime Base Rate shall be made on the basis of a year of 365 days for the actual number of days (including the first but excluding the last day) elapsed. In no event shall any provision of this Agreement require the payment or permit the collection of Interest in excess of the maximum permitted by applicable law. In the event that any payment hereunder (whether constituting a repayment of Loans or a payment of Interest or any other amount) is rescinded or must otherwise be returned for any reason, the amount of such payment shall be restored and such payment shall be considered not to have been made.

Payments and Computations, Etc. (a) All amounts to be paid to the Administrative Agent, the Managing Agents ------------------------------- or the Lenders deposited by the Borrower or the Servicer hereunder shall be paid or deposited in accordance with the terms hereof no later than 2:00 p.m. 11:00 A.M. (New York City time) on the day when due in lawful money of the United States of America in immediately available funds to the Collection Account or such account as the Administrative Agent or the relevant Managing Agents may designate prior to such payment from time to time in writingAgent's Account. The Borrower shall, to the extent permitted by law, pay to the Affected Party Agent interest on any all amounts not paid or deposited when due hereunder (whether owing by the Borrower when due hereunder individually or as Servicer) at 2.00% per annum above the Prime Rate from time to time in effectAlternative Rate, payable on demand; provided, however, that -------- ------- such interest rate shall not at any time exceed the maximum rate permitted by applicable law. Such interest shall be retained by the Agent except to the extent that such failure to make a timely payment or deposit has continued beyond the date for distribution by the Agent of such overdue amount to the Lender, in which case such interest accruing after such date shall be for the account of, and distributed by the Agent to the Lender. Any Obligation hereunder shall not be reduced by any distribution of any portion of Collections if at any time such distribution is rescinded or returned by the Lender to the Borrower or any other Person for any reason. All computations of Interestinterest and all computations of Yield, Unused Fees Liquidation Fee and Servicing Fees other fees hereunder shall be made on the basis of a year of 360 days for the actual number of days (including the first but excluding the last day) elapsed; provided, that all computations of Interest calculated at the Prime Rate shall be made on the basis of a year of 365 days for the actual number of days (including the first but excluding the last day) elapsed. In no event shall any provision of this Agreement require the payment or permit the collection of Interest in excess of the maximum permitted by applicable law. In the event that any payment hereunder (whether constituting a repayment of Loans or a payment of Interest or any other amount) is rescinded or must otherwise be returned for any reason, the amount of such payment shall be restored and such payment shall be considered not to have been made.

Payments and Computations, Etc. All per annum fees payable under this Agreement shall be calculated for the actual days elapsed on the basis of a 360-day year. All amounts to be paid to or deposited by the Administrative Agent, the Managing Agents Seller or the Lenders by the Borrower Servicer hereunder shall be paid or deposited in accordance with the terms hereof in immediately available funds no later than 2:00 p.m. the time specified in the applicable provision of this Agreement, or, if not so specified, by 11:00 a.m. (New York City time) on the day when due in lawful money of the United States of America in immediately available funds due. All such amounts shall be paid or deposited to the Collection Account applicable party or account, as applicable, at the address listed on Schedule I hereto (or in the applicable Assignment and Assumption Agreement); provided, that, if such amounts are payable to any Purchasers or XX Xxxxx, they shall be paid or deposited in the applicable Facility Agent’s account as indicated on Schedule I hereto (or in the Administrative Agent or the relevant Managing Agents may designate prior to applicable Assignment and Assumption Agreement), until otherwise notified by such payment from time to time in writingparty. The Borrower Seller shall, to the extent permitted by lawLaw, pay to the Affected Party interest on any all amounts not paid by the Borrower or deposited when due hereunder at 2.00% per annum above a rate equal to the Prime Rate from time to time in effect, payable on demandDefault Rate. All computations of Interest, Unused Fees and Servicing Fees Yield hereunder shall be made on the basis of a year of 360 days for the actual number of days (including the first but excluding the last day) elapsed; provided, that all elapsed other than computations of Interest interest calculated at by reference to the Prime Alternate Base Rate which shall be made calculated on the basis of a year of 365 days for the actual number of days (including the first but excluding the last day) elapsed. In no event shall any provision of this Agreement require the payment 365- or permit the collection of Interest in excess of the maximum permitted by applicable law. In the event that any payment hereunder (whether constituting a repayment of Loans or a payment of Interest or any other amount) is rescinded or must otherwise be returned for any reason366-day year, the amount of such payment shall be restored and such payment shall be considered not to have been madeas applicable.

Payments and Computations, Etc. All amounts to be paid to the Administrative Agent, the Managing Agents or the Lenders deposited by the Borrower or the Servicer hereunder shall be paid or deposited in accordance with the terms hereof no later than 2:00 p.m. (New York City time) on the day when due in lawful money of the United States of America in immediately available funds to the Collection Account or such account as the Administrative Program Agent or the relevant Managing Agents may designate prior to such payment from time to time in writing. The Borrower and the Servicer (only with respect to amounts payable pursuant to Section 8.02) shall, to the extent permitted by law, pay to the Affected Party interest on any all amounts not paid or deposited or debited by the Borrower such Person when due hereunder at 2.002% per annum above the Prime Rate from time to time in effectBase Rate, payable on demand. All computations of interest (including, without limitation, interest on Cash Secured Advances during the Term Period) and all computations of Interest, Unused Liquidity Fees, Program Fees and Servicing Servicer Fees hereunder shall be made on the basis of a year of 360 days for the actual number of days (including the first but excluding the last day) elapsed; provided, that all computations of Interest calculated at the Prime on Base Rate Tranches shall be made on the basis of a year of 365 days for the actual number of days (including the first but excluding the last day) elapsed. In no event shall any provision of this Agreement require the payment or permit the collection of Interest in excess of the maximum permitted by applicable law. In the event that any payment hereunder (whether constituting a repayment of Loans or a payment of Interest or any other amount) is rescinded or must otherwise be returned for any reason, the amount of such payment shall be restored and such payment shall be considered not to have been made.