Payments Generally; Pro Rata Treatment; Sharing of Set offs 62 Section 4.02 Presumption of Payment by the Borrower 63 Section 4.03 Certain Deductions by the Administrative Agent 64 Section 4.04 Disposition of Proceeds 64 ARTICLE V Increased Costs; Break Funding Payments; Taxes 64 Section 5.01 Increased Costs 64 Section 5.02 Break Funding Payments 65 Section 5.03 Taxes 66 Section 5.04 Designation of Different Lending Office 70 Section 5.05 Replacement of Lenders 70 Section 5.06 Illegality 71 ARTICLE VI Conditions Precedent 71 Section 6.01 Effective Date 71 Section 6.02 Each Credit Event 76 Section 6.03 Additional Conditions to Credit Event 77 ARTICLE VII Representations and Warranties 77 Section 7.01 Organization; Powers 77 Section 7.02 Authority; Enforceability 77 Section 7.03 Approvals; No Conflicts 77 Section 7.04 Financial Condition; No Material Adverse Change 78 Section 7.05 Litigation 78 Section 7.06 Environmental Matters 79 Section 7.07 Compliance with the Laws and Agreements; No Defaults 80 Section 7.08 Investment Company Act 80 Section 7.09 No Margin Stock Activities 80 Section 7.10 Taxes 80 Section 7.11 ERISA 81 Section 7.12 Disclosure; No Material Misstatements 82 Section 7.13 Insurance 82 Section 7.14 Restriction on Liens 82 Section 7.15 Subsidiaries 83 Section 7.16 Location of Business and Offices 83 Section 7.17 Properties; Titles, Etc. 84 Section 7.18 Maintenance of Properties 85 Section 7.19 Gas Imbalances 86 Section 7.20 Marketing of Production 86 Section 7.21 Swap Agreements and Qualified ECP Guarantor 86 Section 7.22 Solvency 87 Section 7.23 Anti-Corruption Laws and Sanctions 87 Section 7.24 Broker-Dealer Subsidiaries 87 ARTICLE VIII Affirmative Covenants 89 Section 8.01 Financial Statements; Other Information 89 Section 8.02 Notices of Material Events 93 Section 8.03 Existence; Conduct of Business 94 Section 8.04 Payment of Obligations 94 Section 8.05 Operation and Maintenance of Properties 94 Section 8.06 Insurance 95 Section 8.07 Books and Records; Inspection Rights 95 Section 8.08 Compliance with Laws 95 Section 8.09 Environmental Matters 95 Section 8.10 Further Assurances 97 Section 8.11 Reserve Reports 97 Section 8.12 Title Information 98 Section 8.13 Additional Collateral; Additional Guarantors 100 Section 8.14 ERISA Compliance 102 Section 8.15 Use of Proceeds 102 Section 8.16 Swap Agreements for MGP Volumes 102 Section 8.17 Swap Agreements 103 Section 8.18 Commodity Exchange Act Keepwell Provisions 103 Section 8.19 Tax Status 103 Section 8.20 Notice of Tax Audits 104 Section 8.21 Asse...
Payments Generally; Pro Rata Treatment; Sharing of Set offs 7275 SECTION 2.18. Mitigation Obligations; Replacement of Lenders 7477 SECTION 2.19. Refinancing Amendments 7577
Payments Generally; Pro Rata Treatment; Sharing of Set offs. (a) The Borrower shall make each payment required to be made by it ----- hereunder or under any other Loan Document (whether of principal, interest, fees or reimbursement of LC Disbursements, or of amounts payable under Section 2.15, 2.16 or 2.17, or otherwise) prior to 12:00 noon, New York City time, on the date when due, in immediately available funds, without set-off or counterclaim. Any amounts received after such time on any date may, in the discretion of the Administrative Agent, be deemed to have been received on the next succeeding Business Day for purposes of calculating interest thereon. All such payments shall be made to the Administrative Agent at its offices at 000 Xxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx, except payments to be made directly to the Issuing Bank or Swingline Lender as expressly provided herein and except that payments pursuant to Sections 2.15, 2.16, 2.17 and 9.03 shall be made directly to the Persons entitled thereto and payments pursuant to other Loan Documents shall be made to the Persons specified therein. The Administrative Agent shall distribute any such payments received by it for the account of any other Person to the appropriate recipient promptly following receipt thereof. If any payment under any Loan Document shall be due on a day that is not a Business Day, the date for payment shall be extended to the next succeeding Business Day, and, in the case of any payment accruing interest, interest thereon shall be payable for the period of such extension. All payments under each Loan Document shall be made in dollars.
Payments Generally; Pro Rata Treatment; Sharing of Set. (a) The Borrower shall make each payment required to be made by it hereunder (whether of principal, interest or fees, or of amounts payable under Sections 2.12, 2.13 or 2.14, or otherwise) prior to 12:00 noon, New York City time, on the date when due, in immediately available funds, without set off or counterclaim. Any amounts received after such time on any date may, in the discretion of the Administrative Agent, be deemed to have been received on the next succeeding Business Day for purposes of calculating interest thereon. All such payments shall be made to the Administrative Agent at its Principal Office and except that payments pursuant to Sections 2.12, 2.13 or 2.14 and Section 9.03 shall be made directly to the Persons entitled thereto. The Administrative Agent shall distribute any such payments received by it for the account of any other Person to the appropriate recipient promptly following receipt thereof. If any payment or performance hereunder shall be due on a day that is not a Business Day, the date for payment or performance shall be extended to the next succeeding Business Day, and, in the case of any payment accruing interest, interest thereon shall be payable for the period of such extension. All payments hereunder shall be made in dollars.
Payments Generally; Pro Rata Treatment; Sharing of Set offs 8387 SECTION 2.16. Mitigation Obligations; Replacement of Lenders 8589 SECTION 2.17. Illegality 8690 SECTION 2.18. Incremental Facilities 8791 SECTION 2.19. Other Term Loans 9195 SECTION 2.20. Extensions of Term Loans 9196 SECTION 2.21. Repricing Event 9397 ARTICLE III Representations and Warranties SECTION 3.01. Organization; Powers 9498 SECTION 3.02. Authorization 9498 SECTION 3.03. Enforceability 9599 SECTION 3.04. Governmental Approvals 95 99 SECTION 3.05. Title to Properties; Possession Under Leases 96100 SECTION 3.06. Subsidiaries 96100 SECTION 3.07. Litigation; Compliance with Laws 96101 SECTION 3.08. Federal Reserve Regulations 97101 SECTION 3.09. Investment Company Act 97101 SECTION 3.10. Use of Proceeds 97102 SECTION 3.11. Tax Returns 97102 SECTION 3.12. No Material Misstatements 98102 SECTION 3.13. Environmental Matters 98103 SECTION 3.14. Security Documents 99104 SECTION 3.15. Location of Real Property and Leased Premises 100104 SECTION 3.16. Solvency 100105 SECTION 3.17. No Material Adverse Effect 100105 SECTION 3.18. Insurance 100105
Payments Generally; Pro Rata Treatment; Sharing of Set offs Section 2.22. Letters of Credit Section 2.23. Increase of Commitments; Additional Lenders Section 2.24. Mitigation of Obligations Section 2.25. Replacement of Lenders
Payments Generally; Pro Rata Treatment; Sharing of Set offs 53 Section 2.18 Mitigation Obligations; Replacement of Lenders 55 Section 2.19 Increase of Commitments 56 Section 2.20 Defaulting Lenders 57 Section 2.21 Illegality 59 Section 2.22 Judgment Currency 60 ARTICLE III Representations and Warranties 60 Section 3.01 Organization 60 Section 3.02 Authority Relative to this Agreement 60 Section 3.03 No Violation 61 Section 3.04 Financial Statements 61 Section 3.05 No Undisclosed Liabilities 61 Section 3.06 Litigation 62 Section 3.07 Compliance with Law 62 Section 3.08 Properties 62 Section 3.09 Intellectual Property 62 Section 3.10 Taxes 63 Section 3.11 Environmental Compliance 63 Section 3.12 Labor Matters 64 Section 3.13 Investment Company Status 64 Section 3.14 Insurance 64 Section 3.15 Solvency 64 Section 3.16 ERISA 65 Section 3.17 Disclosure 65 Section 3.18 Margin Stock 65 Section 3.19 Anti-Corruption Laws and Sanctions 65
Payments Generally; Pro Rata Treatment; Sharing of Set offs Section 2.22. [Intentionally Omitted] Section 2.23. Increase of Commitments; Additional Lenders Section 2.24. Mitigation of Obligations
Payments Generally; Pro Rata Treatment; Sharing of Set offs. (a) The Borrower shall make each payment required to be made by it ---- hereunder (whether of principal, interest, or fees, or under Section 2.15, 2.16 or 2.17, or otherwise) prior to 2:00 P.M., New York City time, on the date when due, in immediately available funds, without set-off or counterclaim. Any amounts received after such time on any date may, in the discretion of the Administrative Agent, be deemed to have been received on the next succeeding Business Day for purposes of calculating interest thereon. All such payments shall be made to the Administrative Agent at its offices at 000 Xxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx, except that payments pursuant to Sections 2.15, 2.16, 2.17 and 9.03 shall be made directly to the Persons entitled thereto. The Administrative Agent shall distribute any such payments received by it for the account of any other Person to the appropriate recipient promptly following receipt thereof. If any payment hereunder shall be due on a day that is not a Business Day, the date for payment shall be extended to the next succeeding Business Day, and, in the case of any payment accruing interest, interest thereon shall be payable for the period of such extension. All payments hereunder shall be made in dollars.
Payments Generally; Pro Rata Treatment; Sharing of Set offs 68 Section 4.02 Presumption of Payment by the Borrower 69
