Common use of Payments; Application of Payments Clause in Contracts

Payments; Application of Payments. Each payment, including each prepayment, of principal and interest on the Loans and the Facility Fee, the Bank of America Fee, the Administrative Agent’s fees, Letter of Credit fees and any other amounts due hereunder shall be made by the Borrower to the Administrative Agent or Bank of America, as applicable, without set-off, deduction or counterclaim, at its office set forth in Section 11.2 in funds immediately available to the Administrative Agent at such office by 12:00 noon on the due date for such payment. Promptly upon receipt thereof by the Administrative Agent, the Administrative Agent shall remit, in like funds as received, (a) to the Lenders who maintain any of their Loans as Prime Rate Loans or LIBOR Loans, each such Lender’s pro rata share of such payments which are in respect of principal or interest due on such Prime Rate Loans or LIBOR Loans, (b) to the Lenders who maintain any of their Revolving Credit Loans as Competitive Advances, each such Lender’s pro rata share of such payments which are in respect of principal or interest due on such Competitive Advances in accordance with Section 2.4, (c) in the case of the Facility Fee, to all Lenders pro rata in accordance with each Lenders Commitment Percentage thereof, (d) in the case of Swing Loan fees, to the Swing Loan Lender, and (e) in the case of Letter of Credit fees, to the Issuing Lender and the Lenders as provided in Section 2.5; provided that any such payment shall, to the extent distributed after the Business Day following the Administrative Agent’s receipt thereof, be accompanied by interest on such payment amount (payable by the Administrative Agent) calculated at the Federal Funds Rate commencing as of the date which is two (2) days following the Business Day following the Administrative Agent’s receipt of such payment through the date on which the Administrative Agent makes such payment to the applicable Lender(s). The failure of the Borrower to make any such payment by such time shall not constitute a default hereunder, provided that such payment is made on such due date, but any such payment made after 12:00 noon on such due date shall be deemed to have been made on the next Business Day for the purpose of calculating interest on amounts outstanding on the Loans. If any payment hereunder or under the Notes shall be due and payable on a day which is not a Business Day, the due date thereof (except as otherwise provided in the definition of Interest Period) shall be extended to the next Business Day and interest shall be payable at the applicable rate specified herein during such extension. If any payment is made with respect to any LIBOR Loans or Competitive Advances prior to the last day of the applicable Interest Period, the Borrower shall indemnify each Lender in accordance with Section 2.14.

Payments; Application of Payments. Each payment, including each prepayment, of principal and interest on the Loans and the Facility Fee, the Bank of America Fee, the Administrative Agent’s fees, Letter of Credit fees and any other amounts due hereunder Fee shall be made by the Borrower to the Administrative Agent or Bank of America, as applicableAgent, without set-off, deduction or counterclaim, at its office set forth in Section 11.2 in funds immediately available to the Administrative Agent at such office by 12:00 noon on the due date for such payment. Promptly upon receipt thereof by the Administrative Agent, the Administrative Agent shall remit, in like funds as received, (ai) to the Lenders who maintain any of their Loans as Prime Rate Loans ABR Advances or LIBOR LoansEurodollar Advances, each such Lender’s 's pro rata share of such payments which are in respect of principal or interest due on such Prime Rate Loans ABR Advances or LIBOR LoansEurodollar Advances, (bii) to the Lenders who maintain any of their Revolving Credit Loans as Competitive Bid Advances, each such Lender’s 's pro rata share of such payments which are in respect of principal or interest due on such Competitive Bid Advances in accordance with Section 2.4Sections 2.4(c) and (d), and (ciii) in the case of the Facility Fee, to all Lenders pro rata in accordance with according to each Lenders Lender's Commitment Percentage thereof, (d) in the case of Swing Loan fees, to the Swing Loan Lender, and (e) in the case of Letter of Credit fees, to the Issuing Lender and the Lenders as provided in Section 2.5; provided that any such payment shall, to the extent distributed after the Business Day following the Administrative Agent’s receipt thereof, be accompanied by interest on such payment amount (payable by the Administrative Agent) calculated at the Federal Funds Rate commencing as of the date which is two (2) days following the Business Day following the Administrative Agent’s receipt of such payment through the date on which the Administrative Agent makes such payment to the applicable Lender(s). The failure of the Borrower to make any such payment by such time shall not constitute a default hereunder, provided that such payment is made on such due date, but any such payment made after 12:00 noon on such due date shall be deemed to have been made on the next Business Day for the purpose of calculating interest on amounts outstanding on the Loans. If any payment hereunder or under the Notes shall be due and payable on a day which is not a Business Day, the due date thereof (except as otherwise provided in the definition of Interest Period) shall be extended to the next Business Day and (except with respect to payments in respect of the Facility Fee) interest shall be payable at the applicable rate specified herein during such extension. If any payment is made with respect to any LIBOR Loans Eurodollar Advance or Competitive Advances Bid Advance prior to the last day of the applicable Interest Period, the Borrower shall indemnify each Lender in accordance with Section 2.14.

Payments; Application of Payments. Each payment, including each prepayment, of principal and interest on the Loans and the Facility Fee, the Bank of America Fee, the Administrative Agent’s fees, Letter of Credit fees and any other amounts due hereunder shall be made by the Borrower to the Administrative Agent or Bank of America, as applicable, without set-off, deduction or counterclaim, at its office set forth in Section 11.2 in funds immediately available to the Administrative Agent at such office by 12:00 noon on the due date for such payment. Promptly upon receipt thereof by the Administrative Agent, the Administrative Agent shall remit, in like funds as received, (a) to the Lenders who maintain any of their Loans as Prime Rate Loans or LIBOR Loans, each such Lender’s pro rata share of such payments which are in respect of principal or interest due on such Prime Rate Loans or LIBOR Loans, (b) to the Lenders who maintain any of their Revolving Credit Loans as Competitive Advances, each such Lender’s pro rata share of such payments which are in respect of principal or interest due on such Competitive Advances in accordance with Section 2.4[intentionally omitted], (c) in the case of the Facility Fee, to all Lenders pro rata in accordance with each Lenders Commitment Percentage thereof, (d) in the case of Swing Loan fees, to the Swing Loan Lender, and (e) in the case of Letter of Credit fees, to the Issuing Lender and the Lenders as provided in Section 2.5; provided that any such payment shall, to the extent distributed after the Business Day following the Administrative Agent’s receipt thereof, be accompanied by interest on such payment amount (payable by the Administrative Agent) calculated at the Federal Funds Rate commencing as of the date which is two (2) days following the Business Day following the Administrative Agent’s receipt of such payment through the date on which the Administrative Agent makes such payment to the applicable Lender(s). The failure of the Borrower to make any such payment by such time shall not constitute a default hereunder, provided that such payment is made on such due date, but any such payment made after 12:00 noon on such due date shall be deemed to have been made on the next Business Day for the purpose of calculating interest on amounts outstanding on the Loans. If any payment hereunder or under the Notes shall be due and payable on a day which is not a Business Day, the due date thereof (except as otherwise provided in the definition of Interest Period) shall be extended to the next Business Day and interest shall be payable at the applicable rate specified herein during such extension. If any payment is made with respect to any LIBOR Loans or Competitive Advances prior to the last day of the applicable Interest Period, the Borrower shall indemnify each Lender in accordance with Section 2.14.

Payments; Application of Payments. Each payment, including each prepayment, of principal and interest on the Loans and the Facility Fee, the Bank of America Fee, the Administrative Agent’s fees, Letter of Credit fees and any other amounts due hereunder shall be made by the Borrower to the Administrative Agent or Bank of America, as applicable, without set-off, deduction or counterclaim, at its office set forth in Section 11.2 in funds immediately available to the Administrative Agent at such office by 12:00 noon on the due date for such payment. Promptly upon receipt thereof by the Administrative Agent, the Administrative Agent shall remit, in like funds as received, (ai) to the Lenders who maintain any of their Loans as Prime Rate Loans or LIBOR Loans, each such Lender’s pro rata share of such payments which are in respect of principal or interest due on such Prime Rate Loans or LIBOR Loans, (bii) to the Lenders who maintain any of their Revolving Credit Loans as Competitive Advances, each such Lender’s pro rata share of such payments which are in respect of principal or interest due on such Competitive Advances in accordance with Section 2.4, (ciii) in the case of the Facility Fee, to all Lenders pro rata in accordance with each Lenders Commitment Percentage thereof, (div) in the case of Swing Loan fees, to the Swing Loan Lender, and (ev) in the case of Letter of Credit fees, to the Issuing Lender and the Lenders as provided in Section 2.5; provided that any such payment shall, to the extent distributed after the Business Day following the Administrative Agent’s receipt thereof, be accompanied by interest on such payment amount (payable by the Administrative Agent) calculated at the Federal Funds Rate commencing as of the date which is two (2) days following the Business Day following the Administrative Agent’s receipt of such payment through the date on which the Administrative Agent makes such payment to the applicable Lender(s). The failure of the Borrower to make any such payment by such time shall not constitute a default hereunder, provided that such payment is made on such due date, but any such payment made after 12:00 noon on such due date shall be deemed to have been made on the next Business Day for the purpose of calculating interest on amounts outstanding on the Loans. If any payment hereunder or under the Notes shall be due and payable on a day which is not a Business Day, the due date thereof (except as otherwise provided in the definition of Interest Period) shall be extended to the next Business Day and interest shall be payable at the applicable rate specified herein during such extension. If any payment is made with respect to any LIBOR Loans or Competitive Advances prior to the last day of the applicable Interest Period, the Borrower shall indemnify each Lender in accordance with Section 2.14.

Payments; Application of Payments. Each payment, including each prepayment, of principal and interest on the Loans and the Facility Fee, the Bank of America FNB Fee, the Administrative Agent’s 's fees, Letter of Credit fees and any other amounts due hereunder shall be made by the Borrower to the Administrative Agent or Bank of AmericaFNB, as applicable, without set-off, deduction or counterclaim, at its office set forth in Section 11.2 in funds immediately available to the Administrative Agent at such office by 12:00 noon on the due date for such payment. Promptly upon receipt thereof by the Administrative Agent, the Administrative Agent shall remit, in like funds as received, (ai) to the Lenders who maintain any of their Loans as Prime Rate Loans or LIBOR Loans, each such Lender’s 's pro rata share of such payments which are in respect of principal or interest due on such Prime Rate Loans or LIBOR Loans, (bii) to the Lenders who maintain any of their Revolving Credit Loans as Competitive Advances, each such Lender’s 's pro rata share of such payments which are in respect of principal or interest due on such Competitive Advances in accordance with Section 2.4, (ciii) in the case of the Facility Fee, to all Lenders pro rata in accordance with each Lenders Commitment Percentage thereof, (div) in the case of Swing Loan fees, to the Swing Loan Lender, and (ev) in the case of Letter of Credit fees, to the Issuing Lender and the Lenders as provided in Section 2.5; provided that any such payment shall, to the extent distributed after the Business Day following the Administrative Agent’s receipt thereof, be accompanied by interest on such payment amount (payable by the Administrative Agent) calculated at the Federal Funds Rate commencing as of the date which is two (2) days following the Business Day following the Administrative Agent’s receipt of such payment through the date on which the Administrative Agent makes such payment to the applicable Lender(s). The failure of the Borrower to make any such payment by such time shall not constitute a default hereunder, provided that such payment is made on such due date, but any such payment made after 12:00 noon on such due date shall be deemed to have been made on the next Business Day for the purpose of calculating interest on amounts outstanding on the Loans. If any payment hereunder or under the Notes shall be due and payable on a day which is not a Business Day, the due date thereof (except as otherwise provided in the definition of Interest Period) shall be extended to the next Business Day and interest shall be payable at the applicable rate specified herein during such extension. If any payment is made with respect to any LIBOR Loans or Competitive Advances prior to the last day of the applicable Interest Period, the Borrower shall indemnify each Lender in accordance with Section 2.14.

Payments; Application of Payments. Each payment, including each prepayment, of principal and interest on the Loans Loans, LC Disbursements and the Facility Fee, the Bank of America Fee, the Administrative Agent’s fees, Letter of Credit fees and any other amounts due hereunder Fee shall be made by the Borrower to the Administrative Agent or Bank of America, as applicableAgent, without set-off, deduction or counterclaim, at its office set forth in Section 11.2 in funds immediately available to the Administrative Agent at such office by 12:00 noon on the due date for such payment. Promptly upon receipt thereof by the Administrative Agent, the Administrative Agent shall remit, in like funds as received, (ai) to the Lenders who maintain any of their Loans as Prime Rate Loans ABR Advances or LIBOR LoansEurodollar Advances, each such Lender’s 's pro rata share of such payments which are in respect of principal or interest due on such Prime Rate Loans ABR Advances or LIBOR LoansEurodollar Advances, (bii) to the Lenders who maintain any of their Revolving Credit Loans as Competitive Bid Advances, each such Lender’s 's pro rata share of such payments which are in respect of principal or interest due on such Competitive Bid Advances in accordance with Section 2.4Sections 2.4(c) and (d), (ciii) to the Swingline Lender, each payment which is in respect of principal or interest due on any Swingline Loan and (iv) in the case of the Facility Fee, to all Lenders pro rata in accordance with according to each Lenders Lender's Commitment Percentage thereof, (d) in the case of Swing Loan fees, to the Swing Loan Lender, and (e) in the case of Letter of Credit fees, to the Issuing Lender and the Lenders as provided in Section 2.5; provided that any such payment shall, to the extent distributed after the Business Day following the Administrative Agent’s receipt thereof, be accompanied by interest on such payment amount (payable by the Administrative Agent) calculated at the Federal Funds Rate commencing as of the date which is two (2) days following the Business Day following the Administrative Agent’s receipt of such payment through the date on which the Administrative Agent makes such payment to the applicable Lender(s). The failure of the Borrower to make any such payment by such time shall not constitute a default hereunder, provided that such payment is made on such due date, but any such payment made after 12:00 noon on such due date shall be deemed to have been made on the next Business Day for the purpose of calculating interest on amounts outstanding on the Loans. If any payment hereunder or under the Notes shall be due and payable on a day which is not a Business Day, the due date thereof (except as otherwise provided in the definition of Interest Period) shall be extended to the next Business Day and (except with respect to payments in respect of the Facility Fee) interest shall be payable at the applicable rate specified herein during such extension. If any payment is made with respect to any LIBOR Loans Eurodollar Advance or Competitive Advances Bid Advance prior to the last day of the applicable Interest Period, the Borrower shall indemnify each Lender in accordance with Section 2.142.16.