Common use of Payments Generally; Pro Rata Treatment; Sharing of Set-offs Clause in Contracts

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 of amounts payable under Section 9.03, 9.04 or 9.05, 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; provided that no amount shall be deemed to have been received on the next succeeding Business Day if the Borrower provides the Administrative Agent with written confirmation of a Federal Reserve Bank reference number no later than 4:00 p.m. on the date when due. All such payments shall be made to the Administrative Agent at the Administrative Agent’s Office, except that payments pursuant to Sections 9.03, 9.04, 9.05 and 10.03 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 under this Agreement and the other Loan Documents shall be made in dollars in New York, New York.

Appears in 13 contracts

Samples: Senior Credit Agreement (Covidien Ltd.), Day Senior Bridge Loan Agreement (Covidien Ltd.), Day Senior Bridge Loan Agreement (Tyco International LTD /Ber/)

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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 feesinterest, fees or of amounts payable under Section 9.03Sections 2.14, 9.04 2.15 or 9.052.16, or otherwise) prior to 2:00 1:00 p.m., New York City Los Angeles, California time, on the date when due, in immediately available funds, without set 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; provided that no amount shall be deemed to have been received on the next succeeding Business Day if the Borrower provides the Administrative Agent with written confirmation of a Federal Reserve Bank reference number no later than 4:00 p.m. on the date when due. All such payments shall be made to the Administrative Agent at the Administrative Agent’s Officeits main offices in Cleveland, Ohio, except that payments pursuant to Sections 9.032.16, 9.042.17, 9.05 2.18 and 10.03 9.03 shall be made directly to the Persons entitled thereto. The If the Administrative Agent shall distribute any such payments received by it receives a payment for the account of any other Person a Lender prior to 1:00 p.m., Los Angeles, California time, such payment must be delivered to the appropriate recipient promptly following receipt thereofLender on the same day and if it is not so delivered due to the fault of the Administrative Agent, the Administrative Agent shall pay to the Lender entitled to the payment interest thereon for each day after payment should have been received by the Lender pursuant hereto until the Lender receives payment, at the Federal Funds Effective Rate. 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 under this Agreement and the other Loan Documents hereunder shall be made in dollars in New York, New YorkDollars.

Appears in 8 contracts

Samples: Credit Agreement (Strategic Storage Trust, Inc.), Credit Agreement (Strategic Storage Trust II, Inc.), Credit Agreement (Strategic Storage Trust, Inc.)

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, fees or of amounts payable under Section 9.032.14, 9.04 2.15 or 9.052.16, or otherwise) prior to 2:00 p.m.12:00 noon, New York City timeLocal Time, on the date when due, in immediately available funds, without set 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; provided that no amount shall be deemed to have been received on the next succeeding Business Day if the Borrower provides the Administrative Agent with written confirmation of a Federal Reserve Bank reference number no later than 4:00 p.m. on the date when due. All such payments shall be made to the Administrative Agent at such accounts as may be specified by the Administrative Agent’s Office, except that payments required to be made directly to any Issuing Bank or the Swingline Lender shall be so made and payments pursuant to Sections 9.032.14, 9.042.15, 9.05 2.16, 2.18 and 10.03 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 under this Agreement and hereunder of principal or interest in respect of any Loan or LC Disbursement shall, except as otherwise provided herein, be made in the currency of such Loan or LC Disbursement; all other Loan Documents payments hereunder shall be made in dollars in New York, New YorkDollars.

Appears in 8 contracts

Samples: Credit Agreement (Blackstone Group L.P.), Credit Agreement (Blackstone Inc.), Credit Agreement (Blackstone Group L.P.)

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 interest, fees or feesreimbursement of LC Disbursements, or of amounts payable under Section 9.032.14, 9.04 2.15 or 9.052.16, or otherwise) prior to no later than 2:00 p.m.pm, 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; provided that no amount shall be deemed to have been received on the next succeeding Business Day if the Borrower provides the Administrative Agent with written confirmation of a Federal Reserve Bank reference number no later than 4:00 p.m. on the date when due. All such payments shall be made to the Administrative Agent at to the Administrative Agent’s Officeapplicable account designated to the Borrower, except payments to be made directly to an Issuing Bank as expressly provided herein and except that payments pursuant to Sections 9.03Section 2.14, 9.04, 9.05 2.15 or 2.16 and 10.03 Section 9.03 shall be made directly to the Persons entitled theretothereto and payments made 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 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 under this Agreement and the other Loan Documents hereunder shall be made in dollars in New York, New Yorkdollars.

Appears in 8 contracts

Samples: Credit Agreement (Windstream Corp), Credit Agreement (Windstream Corp), Amendment and Restatement Agreement (Windstream Corp)

Payments Generally; Pro Rata Treatment; Sharing of Set-offs. (a) The Each Borrower shall make each payment required to be made by it hereunder (whether of principal, interest interest, fees or feesreimbursement of LC Disbursements, or of amounts payable under Section 9.032.15, 9.04 2.16 or 9.052.17, or otherwise) prior to 2:00 p.m.12:00 noon, New York City Eastern time, on the date when due, in immediately available funds, without set 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; provided that no amount shall be deemed to have been received on the next succeeding Business Day if the Borrower provides the Administrative Agent with written confirmation of a Federal Reserve Bank reference number no later than 4:00 p.m. on the date when due. All such payments shall be made to the Administrative Agent at such office designated by the Administrative Agent’s Office, except payments to be made directly to an Issuing Bank or Swingline Lender as expressly provided herein and except that payments pursuant to Sections 9.032.15, 9.042.16, 9.05 2.17 and 10.03 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 under this Agreement and the other hereunder of (i) principal or interest in respect of any Loan Documents shall be made in dollars Dollars, (ii) reimbursement obligations shall be made in New York, New Yorkthe currency in which the Letter of Credit in respect of which such reimbursement obligation exists is denominated and (iii) any other amount due hereunder or under another Loan Document shall be made in Dollars.

Appears in 7 contracts

Samples: Credit Agreement (Spartan Motors Inc), Credit Agreement (Spartan Motors Inc), Credit Agreement (Shyft Group, Inc.)

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 feesinterest, fees or of amounts payable under Section 9.032.14, 9.04 2.15 or 9.052.16, or otherwise) prior to 2:00 1:00 p.m., New York City Boston, Massachusetts time, on the date when due, in immediately available funds, without set 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; provided that no amount shall be deemed to have been received on the next succeeding Business Day if the Borrower provides the Administrative Agent with written confirmation of a Federal Reserve Bank reference number no later than 4:00 p.m. on the date when due. All such payments shall be made to the Administrative Agent at the Administrative Agent’s Officeits main offices in Cleveland, Ohio, except that payments pursuant to Sections 9.032.14, 9.042.15, 9.05 2.16 and 10.03 9.03 shall be made directly to the Persons entitled thereto. The If the Administrative Agent shall distribute any such payments received by it receives a payment for the account of any other Person a Lender prior to 1:00 p.m., Boston, Massachusetts time, such payment must be delivered to the appropriate recipient promptly following receipt thereofLender on the same day and if it is not so delivered due to the fault of the Administrative Agent, the Administrative Agent shall pay to the Lender entitled to the payment interest thereon for each day after payment should have been received by the Lender pursuant hereto until the Lender receives payment, at the Federal Funds Effective Rate. 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 under this Agreement and the other Loan Documents hereunder shall be made in dollars in New York, New YorkDollars.

Appears in 6 contracts

Samples: Mezzanine Credit Agreement (Griffin Capital Net Lease REIT, Inc.), Bridge Credit Agreement (Griffin Capital Net Lease REIT, Inc.), Credit Agreement (Griffin Capital Net Lease REIT, Inc.)

Payments Generally; Pro Rata Treatment; Sharing of Set-offs. (a) The Each Borrower shall make each payment required to be made by it hereunder (whether of principal, interest interest, fees or feesreimbursement of LC Disbursements, or of amounts payable under Section 9.032.15, 9.04 2.16 or 9.052.17, or otherwise) prior to 2:00 1:00 p.m., New York City time, on the date when due, in immediately available funds, without set 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 date of such payment or on the next succeeding Business Day for purposes of calculating interest and fees thereon; provided that no amount shall be deemed to have been received on the next succeeding Business Day if the Borrower provides the Administrative Agent with written confirmation of a Federal Reserve Bank reference number no later than 4:00 p.m. on the date when due. All such payments shall be made to the Administrative Agent at the Administrative Agent’s Officeits offices at Citicorp North America, 000 Xxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: Xxxxxxxx Partners L.P. Account Officer, except payments to be made directly to an Issuing Bank as expressly provided herein and except that payments pursuant to Sections 9.032.15, 9.042.16, 9.05 2.17 and 10.03 9.04 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 under this Agreement and the other Loan Documents hereunder shall be made in dollars in New York, New Yorkdollars.

Appears in 6 contracts

Samples: Credit Agreement (Williams Pipeline Partners L.P.), Credit Agreement (Williams Partners L.P.), Credit Agreement (Transcontinental Gas Pipe Line Company, LLC)

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 interest, fees or feesreimbursement of LC Disbursements, or of amounts payable under Section 9.032.15, 9.04 2.16 or 9.052.17, or otherwise) prior to 2:00 p.m.12:00 noon, New York City time, on the date when due, in immediately available funds, without set 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; provided that no amount shall be deemed to have been received on the next succeeding Business Day if the Borrower provides the Administrative Agent with written confirmation of a Federal Reserve Bank reference number no later than 4:00 p.m. on the date when due. 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 Administrative Agent’s Office, Issuing Bank or Swingline Lender as expressly provided herein and except that payments pursuant to Sections 9.032.15, 9.042.16, 9.05 2.17 and 10.03 9.03 shall be made directly to the Persons entitled theretothereto 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 hereunder 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 this Agreement and the other each Loan Documents Document shall be made in dollars in New York, New Yorkdollars.

Appears in 5 contracts

Samples: Credit Agreement (Advance Auto Parts Inc), Credit Agreement (Advance Auto Parts Inc), Credit Agreement (Advance Stores Co Inc)

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 interest, fees or feesreimbursement of LC Disbursements, or of amounts payable under Section 9.032.13, 9.04 Section 2.14 or 9.05Section 2.15, or otherwise) prior to 2:00 p.m.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; provided that no amount shall be deemed to have been received on the next succeeding Business Day if the Borrower provides the Administrative Agent with written confirmation of a Federal Reserve Bank reference number no later than 4:00 p.m. on the date when due. All such payments shall be made to the Administrative Agent at its offices at 0000 Xxxxx Xxxx, OPS III, Xxx Xxxxxx, Xxxxxxxx 00000 (Email address: Xxxxxx.Xxxxx.Xxxxxxx@Xxxx.xxx), except payments to be made directly to the Administrative Agent’s Office, Issuing Bank as expressly provided herein and except that payments pursuant to Sections 9.03Section 2.13, 9.04Section 2.14, 9.05 Section 2.15 and 10.03 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 ratably among the appropriate recipient parties entitled thereto 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 under this Agreement and the other Loan Documents hereunder shall be made in dollars in New York, New Yorkdollars.

Appears in 5 contracts

Samples: Credit Agreement (Natural Resource Partners Lp), Credit Agreement (Natural Resource Partners Lp), Credit Agreement (Natural Resource Partners Lp)

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 feesinterest, fees or of amounts payable under Section 9.03, 9.04 or 9.05, 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; provided that no amount shall be deemed to have been received on the next succeeding Business Day if the Borrower provides the Administrative Agent with written confirmation of a Federal Reserve Bank reference number no later than 4:00 p.m. p.m., New York City time, on the date when due. All such payments shall be made to the Administrative Agent at the Administrative Agent’s Office, except that payments pursuant to Sections 9.03, 9.04, 9.05 and 10.03 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 under this Agreement and the other Loan Documents shall be made in dollars in New York, New York.

Appears in 5 contracts

Samples: Credit Agreement (Tyco International LTD), Credit Agreement (TYCO INTERNATIONAL PLC), Credit Agreement (Tyco International LTD)

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 interest, fees or feesreimbursement of LC Disbursements, or of amounts payable under Section 9.032.14, 9.04 2.15 or 9.052.16, or otherwise) prior to 2:00 p.m.3:00 pm, 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; provided that no amount shall be deemed to have been received on the next succeeding Business Day if the Borrower provides the Administrative Agent with written confirmation of a Federal Reserve Bank reference number no later than 4:00 p.m. on the date when due. All such payments shall be made to the Administrative Agent at the Administrative Agent’s Officeits offices at Xxx Xxxxxxxxxxx Xxxxx, 0xx Xxxxx, 000 Xxxxxx Xxxxx West, Brooklyn, New York 11201, except payments to be made directly to an Issuing Bank or Swingline Lender as expressly provided herein and except that payments pursuant to Sections 9.032.14, 9.042.15, 9.05 2.16 and 10.03 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 under this Agreement and the other Loan Documents hereunder shall be made in dollars in New York, New Yorkdollars.

Appears in 4 contracts

Samples: Credit Agreement (Cloud Peak Energy Resources LLC), Credit Agreement (Cloud Peak Energy Resources LLC), Credit Agreement (Cloud Peak Energy Inc.)

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 feesinterest, fees or of amounts payable under Section 9.032.12, 9.04 2.13 or 9.052.14, or otherwise) prior to 2:00 p.m.the time expressly required hereunder for such payment or, if no such time is expressly required, prior to 12:00 noon, New York City time, on the date when due, in immediately available funds, without set 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 solely for purposes of calculating interest thereon; provided that no amount shall be deemed to have been received on the next succeeding Business Day if the Borrower provides the Administrative Agent with written confirmation of a Federal Reserve Bank reference number no later than 4:00 p.m. on the date when due. All such payments shall be made to the Administrative Agent at the applicable account specified in Schedule 2.15 or, in any such case, to such other account as the Administrative Agent’s OfficeAgent shall from time to time specify in a notice delivered to the Borrower, except that payments pursuant to Sections 9.032.12, 9.042.13, 9.05 2.14 and 10.03 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 under this Agreement and the other Loan Documents hereunder shall be made in dollars in New York, New Yorkdollars.

Appears in 4 contracts

Samples: Credit Agreement (Cavium, Inc.), Credit Agreement (Maxlinear Inc), Credit Agreement (Cavium, Inc.)

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 interest, fees, or of amounts payable under Section 9.032.15, 9.04 2.16 or 9.052.17, or otherwise) prior to 2:00 1:00 p.m., New York City timeLocal Time, on the date when due, in immediately available funds, without set off setoff 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; provided that no amount shall be deemed to have been received on the next succeeding Business Day if the Borrower provides the Administrative Agent with written confirmation of a Federal Reserve Bank reference number no later than 4:00 p.m. on the date when due. All such payments shall be made to the Administrative Agent at its offices at 000 Xxxx Xxxxxx, Xxxxxx XX, 00000-0000 or at such other address that the Administrative Agent’s Office, except that payments pursuant to Sections 9.03, 9.04, 9.05 and 10.03 shall be made directly to the Persons entitled thereto. The Administrative Agent shall distribute any such payments received by it for advise the account of any other Person to the appropriate recipient promptly following receipt thereofBorrower in writing. 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 under this Agreement and the other Loan Documents hereunder shall be made in dollars Dollars. Any payment required to be made by the Administrative Agent hereunder shall be deemed to have been made by the time required if the Administrative Agent shall at or before such time have taken the necessary steps to make such payment in New York, New Yorkaccordance with the regulations or operating procedures of the clearing or settlement system used by the Administrative Agent to make such payment.

Appears in 4 contracts

Samples: Assignment and Assumption (Ingredion Inc), Assignment and Assumption (Ingredion Inc), Assignment and Assumption (Ingredion Inc)

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 interest, fees, or of amounts payable under Section 9.032.14, 9.04 2.15 or 9.052.16, or otherwise) prior to 2:00 1:00 p.m., New York City Pittsburgh, Pennsylvania time, on the date when due, in immediately available funds, without set 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; provided that no amount shall be deemed to have been received on the next succeeding Business Day if the Borrower provides the Administrative Agent with written confirmation of a Federal Reserve Bank reference number no later than 4:00 p.m. on the date when due. All such payments shall be made to the Administrative Agent at the Administrative Agent’s Officeits offices at Three PNC Plaza, 000 Xxxxx Xxxxxx, 0xx Xxxxx, Xxxxxxxxxx, Xxxxxxxxxxxx 00000-0000, and except that payments pursuant to Sections 9.032.14, 9.042.15, 9.05 2.16 and 10.03 9.03 shall be made directly to the Persons entitled thereto. The If the Administrative Agent shall distribute any such payments received by it receives a payment for the account of any other Person a Lender prior to 1:00 p.m., Pittsburgh, Pennsylvania time, such payment must be delivered to the appropriate recipient promptly following receipt thereofLender on the same day and if it is not so delivered due to the fault of the Administrative Agent, the Administrative Agent shall pay to the Lender entitled to the payment interest thereon for each day after payment should have been received by the Lender pursuant hereto until the Lender receives payment, at the Federal Funds Effective Rate. 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 under this Agreement and the other Loan Documents hereunder shall be made in dollars in New York, New YorkDollars.

Appears in 4 contracts

Samples: Credit Agreement (Education Realty Trust, Inc.), Credit Agreement (Education Realty Operating Partnership L P), Assignment and Assumption (Education Realty Operating Partnership L P)

Payments Generally; Pro Rata Treatment; Sharing of Set-offs. (a) The Each Borrower shall make each payment required to be made by it hereunder (whether of principal, interest or interest, fees, or of amounts payable under Section 9.032.14, 9.04 2.15 or 9.052.16, or otherwise) prior to 2:00 3:00 p.m., New York City timelocal time at the place of payment, on the date when due, in immediately available funds, without set set-off or counterclaim. Any amounts received after such time on any date may, in the discretion of the Administrative AgentCBNA, be deemed to have been received on the next succeeding Business Day for purposes of calculating interest thereon; provided that no amount shall be deemed to have been received on the next succeeding Business Day if the Borrower provides the Administrative Agent with written confirmation of a Federal Reserve Bank reference number no later than 4:00 p.m. on the date when due. All such payments shall be made to the Administrative Agent CBNA at the Administrative Agent’s Officeits offices at 000 Xxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx, or such other location as CBNA shall designate from time to time, except that payments pursuant to Sections 9.032.14, 9.042.15, 9.05 2.16 and 10.03 8.5 shall be made directly to the Persons entitled thereto. The Administrative Agent CBNA 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 under this Agreement and the other Loan Documents hereunder shall be made in dollars Dollars or, in New Yorkthe case of principal of and interest on any Loan denominated in an Alternative Currency, New Yorkthe applicable Alternative Currency, as the case may be. Except as provided in clause (c) below, each payment or prepayment of principal or payment of interest in respect of a Borrowing of Revolving Loans shall be allocated ratably among the parties entitled thereto.

Appears in 4 contracts

Samples: Credit Facility Agreement (Bristol Myers Squibb Co), Credit Facility Agreement (Bristol Myers Squibb Co), Revolving Credit Facility Agreement (Bristol Myers Squibb Co)

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 interest, fees or feesreimbursement of LC Disbursements, or of amounts payable under Section 9.032.16, 9.04 Section 2.17 or 9.05Section 2.18, or otherwise) prior to 2:00 p.m., New York City time, 12:00 noon on the date when due, in immediately available funds, without set 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; provided that no amount shall be deemed to have been received on the next succeeding Business Day if the Borrower provides the Administrative Agent with written confirmation of a Federal Reserve Bank reference number no later than 4:00 p.m. on the date when due. All such payments shall be made to the Administrative Agent at its offices at JPMorgan Loan Services, 00 Xxxxx Xxxxx Xx., 19th Floor, Chicago, Illinois 60603-2003, except payments to be made directly to the Administrative Agent’s Office, Issuing Bank or Swingline Lender as expressly provided herein and except that payments pursuant to Sections 9.03Section 2.16, 9.04Section 2.17, 9.05 Section 2.18 and 10.03 Section 11.03 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 under this Agreement and the other Loan Documents hereunder shall be made in dollars in New York, New YorkDollars.

Appears in 4 contracts

Samples: Assignment and Assumption (Exco Resources Inc), Assignment and Assumption (Exco Resources Inc), Counterpart Agreement (Exco Resources Inc)

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 interest, fees or feesreimbursement of LC Disbursements, or of amounts payable under Section 9.032.15, 9.04 Section 2.16 or 9.05Section 2.17, or otherwise) prior to 2:00 p.m.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; provided that no amount shall be deemed to have been received on the next succeeding Business Day if the Borrower provides the Administrative Agent with written confirmation of a Federal Reserve Bank reference number no later than 4:00 p.m. on the date when due. All such payments shall be made to the Administrative Agent at its offices at the address set forth for the Administrative Agent’s Agent in Section 10.01 in the State of New York (its “Principal Office”), except payments to be made directly to an Issuing Bank as expressly provided herein and except that payments pursuant to Sections 9.03Section 2.15, 9.04Section 2.16(a), 9.05 Section 2.17 and Section 10.03 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 under this Agreement and the other Loan Documents hereunder shall be made in dollars in New York, New Yorkdollars.

Appears in 3 contracts

Samples: Credit Agreement (Genesis Energy Lp), Credit Agreement (Genesis Energy Lp), Credit Agreement (Genesis Energy Lp)

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 of amounts payable under Section 9.03, 9.04 or 9.05, or otherwise) prior to 2:00 p.m., New York City time, on the date when due, in immediately available funds, without set 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; provided that no amount shall be deemed to have been received on the next succeeding Business Day if the Borrower provides the Administrative Agent with written confirmation of a Federal Reserve Bank reference number no later than 4:00 p.m. on the date when due. All such payments shall be made to the Administrative Agent at the Administrative Agent’s Office, except that payments pursuant to Sections 9.03, 9.04, 9.05 and 10.03 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 under this Agreement and the other Loan Documents shall be made in dollars in New York, New York.

Appears in 3 contracts

Samples: Assignment and Assumption (Covidien PLC), Assignment and Assumption, Assignment and Assumption (Covidien PLC)

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 or fees, or of amounts payable under Section 9.03Sections 2.13, 9.04 2.14 or 9.052.15, or otherwise) prior to 2:00 p.m.12:00 noon, New York City time, on the date when due, in immediately available funds, without set 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; provided that no amount shall be deemed to have been received on the next succeeding Business Day if the Borrower provides the Administrative Agent with written confirmation of a Federal Reserve Bank reference number no later than 4:00 p.m. on the date when due. All such payments shall be made to the Administrative Agent at The Chase Manhattan Bank, New York, New York, ABA no. 000000000, account no. 0000000000, phone no. (000) 000-0000 (or such other account as the Administrative Agent’s OfficeAgent shall from time to time specify by notice), except that payments pursuant to Sections 9.032.10(b), 9.042.10(c), 9.05 2.13, 2.14, 2.15 and 10.03 9.03 shall be made directly to the Persons entitled theretothereto 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 hereunder 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 this Agreement and the other each Loan Documents Document shall be made in dollars in New York, New Yorkdollars.

Appears in 2 contracts

Samples: Security Agreement (Jato Communications Corp), Security Agreement (Jato Communications Corp)

Payments Generally; Pro Rata Treatment; Sharing of Set-offs. (a) The Each Borrower shall make each payment required to be made by it hereunder (whether of principal, interest or feesinterest, fees or of amounts payable under Section 9.032.14, 9.04 2.15 or 9.052.16, or otherwise) prior to 2:00 p.m.12:00 noon, New York City time, on the date when due, in immediately available funds, without set set-off or counterclaim. Any amounts received after such time on any date may, in the discretion of the Managing Administrative Agent, be deemed to have been received on the next succeeding Business Day for purposes of calculating interest thereon; provided that no amount shall be deemed to have been received on the next succeeding Business Day if the Borrower provides the Administrative Agent with written confirmation of a Federal Reserve Bank reference number no later than 4:00 p.m. on the date when due. All such payments shall be made to the Managing Administrative Agent at the Administrative Agent’s Officeits offices at 200 Xxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx, except payments to be made directly to Swingline Lenders as expressly provided herein and except that payments pursuant to Sections 9.032.14, 9.042.15, 9.05 2.16 and 10.03 shall be made directly to the Persons entitled thereto. The Managing 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. Each payment (including each prepayment) on account of principal of and interest on the Revolving Loans shall be made pro rata according to the respective outstanding principal amounts of the Revolving Loans then held by the Lenders. 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 under this Agreement and the other Loan Documents hereunder shall be made in dollars in New York, New YorkDollars.

Appears in 2 contracts

Samples: Credit Agreement (Countrywide Financial Corp), Credit Agreement (Countrywide Financial Corp)

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 feesinterest, fees or of amounts payable under Section 9.038.03, 9.04 8.04 or 9.058.05, 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; provided that no amount shall be deemed to have been received on the next succeeding Business Day if the Borrower provides the Administrative Agent with written confirmation of a Federal Reserve Bank reference number no later than 4:00 p.m. p.m., New York City time, on the date when due. All such payments shall be made to the Administrative Agent at the Administrative Agent’s Office, except that payments pursuant to Sections 9.038.03, 9.048.04, 9.05 8.05 and 10.03 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 under this Agreement and the other Loan Documents shall be made in dollars in New York, New York.

Appears in 2 contracts

Samples: Credit Agreement (TYCO INTERNATIONAL PLC), Term Loan Credit Agreement (TYCO INTERNATIONAL PLC)

Payments Generally; Pro Rata Treatment; Sharing of Set-offs. (a) The Each Borrower shall make each payment required to be made by it hereunder (whether of principal, interest or interest, fees, or of amounts payable under Section 9.032.14, 9.04 2.15 or 9.052.16, or otherwise) prior to 2:00 3:00 p.m., New York City timelocal time at the place of payment, on the date when due, in immediately available funds, without set set-off or counterclaim. Any amounts received after such time on any date may, in the discretion of the Administrative AgentCNAI, be deemed to have been received on the next succeeding Business Day for purposes of calculating interest thereon; provided that no amount shall be deemed to have been received on the next succeeding Business Day if the Borrower provides the Administrative Agent with written confirmation of a Federal Reserve Bank reference number no later than 4:00 p.m. on the date when due. All such payments shall be made to the Administrative Agent CNAI at the Administrative Agent’s Officeits offices at 000 Xxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx, or such other location as CNAI shall designate from time to time, except that payments pursuant to Sections 9.032.14, 9.042.15, 9.05 2.16 and 10.03 8.5 shall be made directly to the Persons entitled thereto. The Administrative Agent CNAI 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 under this Agreement and the other Loan Documents hereunder shall be made in dollars Dollars or, in New Yorkthe case of principal of and interest on any Loan denominated in an Alternative Currency, New Yorkthe applicable Alternative Currency, as the case may be. Except as provided in clause (c) below, each payment or prepayment of principal or payment of interest in respect of a Borrowing of Revolving Loans shall be allocated ratably among the parties entitled thereto.

Appears in 2 contracts

Samples: Revolving Credit Facility Agreement (Bristol Myers Squibb Co), Revolving Credit Facility Agreement (Bristol Myers Squibb Co)

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 or fees, or of amounts payable under Section 9.03Sections 2.13, 9.04 2.14 or 9.052.15, or otherwise) prior to 2:00 p.m.12:00 noon, New York City time, on the date when due, in immediately available funds, without set 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; provided that no amount shall be deemed to have been received on the next succeeding Business Day if the Borrower provides the Administrative Agent with written confirmation of a Federal Reserve Bank reference number no later than 4:00 p.m. on the date when due. All such payments shall be made to the Administrative Agent at First Union National Bank, Charlotte, North Carolina, ABA no. 000000000, account no. 0000000000000, phone no. (000) 000-0000 (or such other account as the Administrative Agent’s OfficeAgent shall from time to time specify by notice), except that payments pursuant to Sections 9.032.10(c), 9.042.10(d), 9.05 2.13, 2.14, 2.15 and 10.03 9.03 shall be made directly to the Persons entitled theretothereto 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 hereunder 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 this Agreement and the other each Loan Documents Document shall be made in dollars in New York, New Yorkdollars.

Appears in 2 contracts

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

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 interest, fees or feesreimbursement of LC Disbursements, or of amounts payable under Section 9.032.14, 9.04 or 9.052.15, 2.16, or otherwise) prior to 2:00 p.m.12:00 noon, New York City time, on the date when due, in immediately available funds, without set 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; provided that no amount shall be deemed to have been received on the next succeeding Business Day if the Borrower provides the Administrative Agent with written confirmation of a Federal Reserve Bank reference number no later than 4:00 p.m. on the date when due. All such payments shall be made to the Administrative Agent at its offices at 200 Xxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx, except payments to be made directly to an Issuing Bank or the Administrative Agent’s Office, Swingline Lender as expressly provided herein and except that payments pursuant to Sections 9.032.14, 9.042.15, 9.05 2.16 and 10.03 9.03 shall be made directly to the Persons entitled theretothereto 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 hereunder 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 this Agreement and the other each Loan Documents Document shall be made in dollars in New York, New Yorkdollars.

Appears in 2 contracts

Samples: Credit Agreement (Advance Auto Parts Inc), Credit Agreement (Advance Auto Parts Inc)

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 interest, fees, or of amounts payable under Section 9.03, 9.04 or 9.052.11, or otherwise) prior to 2:00 p.m.12:00 noon, New York City San Xxxx, Puerto Rico time, on the date when due, in immediately available funds, without set off or counterclaimcounterclaim except as otherwise provided in Section 2.12(f). All payments to the Administrative Agent shall be made through the Federal Reserve Wire System to JPMorgan Chase Bank-New York, ABA No. 000000000 at the Federal Reserve Bank of New York for credit to Scotiabank de Puerto Rico, account number 000000000. With respect to payments of principal and interest, payment should be made to the account name and number to be provided by the Administrative Agent to the Borrower, from time to time. 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; provided that no amount shall be deemed to have been received on the next succeeding Business Day if the Borrower provides the Administrative Agent with written confirmation of a Federal Reserve Bank reference number no later than 4:00 p.m. on the date when due. All such payments shall be made to the Administrative Agent at the Administrative Agent’s Office, except that payments Payments pursuant to Sections 9.03, 9.04, 9.05 2.11 and 10.03 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 under this Agreement and the other Loan Documents hereunder shall be made in dollars in New York, New YorkDollars.

Appears in 2 contracts

Samples: Credit Agreement, Credit Agreement

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 feesinterest, fees or of amounts payable under Section 9.03, 9.04 or 9.05, 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; provided that no amount shall be deemed to have been received on the next succeeding Business Day if the Borrower provides the Administrative Agent with written confirmation of a Federal Reserve Bank reference number no later than 4:00 p.m. on the date when due. All such payments shall be made to the Administrative Agent at the Administrative Agent’s Office, except that payments pursuant to Sections 9.03, 9.04, 9.05 and 10.03 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 under this Agreement and the other Loan Documents shall be made in dollars in New York, New York.

Appears in 1 contract

Samples: Credit Agreement (Tyco International LTD /Ber/)

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 interest, fees or feesreimbursement of LC Disbursements, or of amounts payable under Section 9.032.15, 9.04 Section 2.16 or 9.05Section 2.17, or otherwise) prior to 2:00 1:00 p.m., New York City time, on the date when due, in immediately available funds, without set 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; provided that no amount shall be deemed to have been received on the next succeeding Business Day if the Borrower provides the Administrative Agent with written confirmation of a Federal Reserve Bank reference number no later than 4:00 p.m. on the date when due. All such payments shall be made to the Administrative Agent at its offices at 000 Xxxxx Xxxxxxx Xxxxxx, Xxxxxxxxx, Xxxxx Xxxxxxxx 00000-0000, except payments to be made directly to the Administrative Agent’s Office, Issuing Bank as expressly provided herein and except that payments pursuant to Sections 9.03Section 2.15, 9.04Section 2.16, 9.05 Section 2.17 and 10.03 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 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 under this Agreement and the other Loan Documents hereunder shall be made in dollars in New York, New Yorkdollars.

Appears in 1 contract

Samples: Credit Agreement (Enterprise Products Co)

Payments Generally; Pro Rata Treatment; Sharing of Set-offs. (a) The Borrower Each Obligor shall make each payment required to be made by it hereunder (whether of principal, interest or fees, or of amounts payable under Section 9.03, 9.04 or 9.05, or otherwise) prior to 2:00 3:00 p.m., New York City timetime (or such later time as the Administrative Agent may agree), 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; provided that no amount shall be deemed to have been received on the next succeeding Business Day if the Borrower provides the Administrative Agent with written confirmation of a Federal Reserve Bank reference number no later than 4:00 p.m. on the date when due. All such payments shall be made to the Administrative Agent at the Administrative Agent’s Payment Office, except payments to be made directly to any Issuing Bank or Swingline Lender as expressly provided herein and except that payments pursuant to Sections 9.032.15, 9.042.16, 9.05 2.17 and 10.03 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 under this Agreement and the other Loan Documents hereunder shall be made in dollars in New York, New YorkDollars. Each payment (including each prepayment) by an Obligor on account of principal of and interest on the Revolving Loans shall be made pro rata according to the respective Applicable Percentages of the Lenders.

Appears in 1 contract

Samples: Revolving Credit Agreement (Millicom International Cellular Sa)

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 principalprincipal of Loans, LC Disbursements, interest or fees, or of amounts payable under Section 9.03Sections 3.5, 9.04 3.6, 3.7 or 9.0510.3, or otherwise) prior to 2:00 1:00 p.m., New York City time, on the date when due, in immediately available funds, without set off 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; provided that no amount shall be deemed to have been received on the next succeeding Business Day if the Borrower provides the Administrative Agent with written confirmation of a Federal Reserve Bank reference number no later than 4:00 p.m. on the date when due. All such payments shall be made to the Administrative Agent at its office at 10 X. Xxxxxxxx, Chicago, Illinois, or such other office as to which the Administrative Agent’s OfficeAgent may notify the 26ALLETE Credit Agreement other parties hereto, except that payments pursuant to Sections 9.033.3(b) (with respect to the fronting fee and other amounts payable to the Issuing Banks), 9.043.3(c), 9.05 3.5, 3.6, 3.7 and 10.03 10.3 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 under this Agreement and the other Loan Documents hereunder shall be made in dollars in New York, New Yorkdollars.

Appears in 1 contract

Samples: Credit Agreement (Allete Inc)

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 principalprincipal of Loans, LC Disbursements, interest or fees, or of amounts payable under Section 9.03Sections 3.5, 9.04 3.6, 3.7 or 9.0510.3, or otherwise) prior to 2:00 1:00 p.m., New York City time, on the date when due, in immediately available funds, without set 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; provided that no amount shall be deemed to have been received on the next succeeding Business Day if the Borrower provides the Administrative Agent with written confirmation of a Federal Reserve Bank reference number no later than 4:00 p.m. on the date when due. All such payments shall be made to the Administrative Agent at its office at 10 X. Xxxxxxxx, Chicago, Illinois, or such other office as to which the Administrative Agent’s OfficeAgent may notify the other parties hereto, except that payments pursuant to Sections 9.033.3(b) (with respect to the fronting fee and other amounts payable to the Issuing Bank), 9.043.3(c), 9.05 3.5, 3.6, 3.7 and 10.03 10.3 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 under this Agreement and the other Loan Documents hereunder shall be made in dollars in New York, New Yorkdollars.

Appears in 1 contract

Samples: Credit Agreement (Cleco Power LLC)

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 of amounts payable under Section 9.032.13, 9.04 2.14 or 9.052.15, or otherwise) prior to 2:00 p.m.12:00 noon, New York City time, on the date when due, in immediately available funds, without set 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; provided that no amount shall be deemed to have been received on the next succeeding Business Day if the Borrower provides the Administrative Agent with written confirmation of a Federal Reserve Bank reference number no later than 4:00 p.m. on the date when due. All such payments shall be made to the Administrative Agent at its offices at Xxx Xxxxxxx Xxxxx, Xxx Xxxx, Xxx Xxxx, except that payments of interest on and principal of Swingline Loans shall be made directly to the Administrative Agent’s OfficeSwingline Lender at its offices at 00 Xxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx, and except that payments pursuant to Sections 9.032.13, 9.042.14, 9.05 2.15 and 10.03 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 under this Agreement and the other Loan Documents hereunder shall be made in dollars in New York, New Yorkdollars.

Appears in 1 contract

Samples: Credit Agreement (Contifinancial Corp)

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 or fees, or of amounts payable under Section 9.032.13, 9.04 2.14 or 9.052.15, or otherwise) prior to 2:00 p.m.12:00 noon, New York City time, on the date when due, in immediately available funds, without set 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; provided that no amount shall be deemed to have been received on the next succeeding Business Day if the Borrower provides the Administrative Agent with written confirmation of a Federal Reserve Bank reference number no later than 4:00 p.m. on the date when due. All such payments shall be made to the Administrative Agent at The Chase Manhattan Bank, New York, New York, ABA no. 000000000, account no. 0000000000, phone no. (000) 000-0000 (or such other account as the Administrative Agent’s OfficeAgent shall from time to time specify by notice), except that payments pursuant to Sections 9.032.10(b), 9.042.10(c), 9.05 2.13, 2.14, 2.15 and 10.03 9.03 shall be made directly to the Persons entitled theretothereto 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 hereunder 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 this Agreement and the other each Loan Documents Document shall be made in dollars in New York, New Yorkdollars.

Appears in 1 contract

Samples: Credit Agreement (Winstar Communications Inc)

Payments Generally; Pro Rata Treatment; Sharing of Set-offs. (a) The Each Borrower shall make each payment required to be made by it hereunder or under any other Loan Document (whether of principal, interest interest, fees or feesreimbursement of LC Disbursements, or of amounts payable under Section 9.032.16, 9.04 2.17 or 9.052.18, or otherwise) prior to 2:00 1:00 p.m., New York City time, on the date when due, in immediately available funds, without set 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; provided that no amount shall be deemed to have been received on the next succeeding Business Day if the Borrower provides the Administrative Agent with written confirmation of a Federal Reserve Bank reference number no later than 4:00 p.m. on the date when due. 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 Administrative Agent’s Office, Issuing Bank or Swingline Lender as expressly provided herein and except that payments pursuant to Sections 9.032.16, 9.042.17, 9.05 2.18 and 10.03 9.03 shall be made directly to the Persons entitled theretothereto 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 hereunder 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 this Agreement and the other each Loan Documents Document shall be made in dollars in New York, New Yorkdollars.

Appears in 1 contract

Samples: Execution Copy (Level 3 Communications Inc)

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 interest, fees or feesreimbursement of LC Disbursements, or of amounts payable under Section 9.032.15, 9.04 2.16 or 9.052.17, or otherwise) prior to 2:00 1:00 p.m., New York City Chicago 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; provided that no amount shall be deemed to have been received on the next succeeding Business Day if the Borrower provides the Administrative Agent with written confirmation of a Federal Reserve Bank reference number no later than 4:00 p.m. on the date when due. All such payments shall be made to the Administrative Agent at its offices at 00 X. Xxxxxxxx, 7th Floor, IL1-0010, Xxxxxxx Xxxxxxxx 00000, except payments to be made directly to the Administrative Agent’s Office, Issuing Bank or Swingline Lender as expressly provided herein and except that payments pursuant to Sections 9.032.15, 9.042.16, 9.05 2.17 and 10.03 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 amounts owing under this Agreement and the other Loan Documents shall be made are payable in dollars in New York, New YorkDollars.

Appears in 1 contract

Samples: Credit Agreement (American Realty Capital Trust V, Inc.)

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 or fees, or of amounts payable under Section 9.032.13, 9.04 2.14 or 9.052.15, or otherwise) ------------ ---- ---- prior to 2:00 p.m.12:00 (noon), New York City time, on the date when due, in immediately available funds, without set 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; provided that no amount shall be deemed to have been received on the next succeeding Business Day if the Borrower provides the Administrative Agent with written confirmation of a Federal Reserve Bank reference number no later than 4:00 p.m. on the date when due. All such payments shall be made to the Administrative Agent for the account of Nortel Networks at Bank One, Chicago, Illinois, ABA no. 000000000, account no. 0000000 (or such other account in New York, New York as the Administrative Agent’s OfficeAgent shall from time to time specify by notice), except that payments pursuant to Sections 9.032.10(b), 9.042.10(c), 9.05 2.13, 2.14, ---------------- ------- ---- ---- 2.15 and 10.03 9.03 shall be made directly to the Persons entitled theretothereto 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 hereunder 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 this Agreement and the other each Loan Documents Document shall be made in dollars in New York, New Yorkdollars.

Appears in 1 contract

Samples: Credit Agreement (Leap Wireless International Inc)

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 or fees, or of amounts payable under Section 9.032.13, 9.04 2.14 or 9.052.15, or otherwise) prior to 2:00 p.m.12:00 (noon), New York City time, on the date when due, in immediately available funds, without set off setoff 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; provided that no amount shall be deemed to have been received on the next succeeding Business Day if the Borrower provides the Administrative Agent with written confirmation of a Federal Reserve Bank reference number no later than 4:00 p.m. on the date when due. All such payments shall be made to the Administrative Agent at such account in New York, New York as the Administrative Agent’s OfficeAgent shall from time to time specify by notice, except that payments pursuant to Sections 9.032.10(b), 9.042.10(c), 9.05 2.13, 2.14, 2.15 and 10.03 9.03 shall be made directly to the Persons entitled theretothereto 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 hereunder 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 this Agreement and the other each Loan Documents Document shall be made in dollars in New York, New Yorkdollars.

Appears in 1 contract

Samples: Collateral Agency and Intercreditor Agreement (Leap Wireless International Inc)

Payments Generally; Pro Rata Treatment; Sharing of Set-offs. (a) The Each Borrower shall make each payment required to be made by it hereunder (whether of principal, interest or feesinterest, fees or of amounts payable under Section 9.032.13, 9.04 2.14 or 9.052.15, or otherwise) prior to 2:00 p.m.12:00 noon, New York City or London time, as applicable, on the date when due, in immediately available funds, without set 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; provided that no amount shall be deemed to have been received on the next succeeding Business Day if the Borrower provides the Administrative Agent with written confirmation of a Federal Reserve Bank reference number no later than 4:00 p.m. on the date when due. All such payments shall be made to the Administrative Agent at applicable Agency Account for the Administrative Agent’s Officeaccount of the Lenders, except that payments pursuant to Sections 9.032.13, 9.042.14, 9.05 2.15 and 10.03 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 under this Agreement and the other Loan Documents hereunder shall be made in dollars Dollars, except that with respect to any Loan that is denominated in New Yorkan Alternate Currency, New Yorkall payments of principal and interest with respect to such Loan shall be made in the Alternate Currency in which such Loan is denominated; provided, however, that with respect to any Loan denominated in a National Currency, all payments with respect thereto may be made in Euros in accordance with Section 1.05.

Appears in 1 contract

Samples: Credit Agreement (Kerr McGee Corp)

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Payments Generally; Pro Rata Treatment; Sharing of Set-offs. (a) The Borrower shall make each payment required to be made by it to the Administrative Agent hereunder (whether of principal, interest or fees, or of amounts payable under Section 9.03Sections 2.14, 9.04 2.15 or 9.052.16, or otherwise) prior to 1:00 p.m., New York City time, and, with respect to reimbursement of LC Disbursements, prior to 2:00 p.m., New York City time, in each case, on the date when due, in immediately available funds, without set 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; provided that no amount shall be deemed to have been received on the next succeeding Business Day if the Borrower provides the Administrative Agent with written confirmation of a Federal Reserve Bank reference number no later than 4:00 p.m. on the date when due. All such payments shall be made to the Administrative Agent at the Administrative Agent’s Office, c/o Loan & Agency Services Group, JPMorgan Chase Bank, N.A., 0000 Xxxxxx Xxxxxx, 10th Floor, Houston, Texas 77002-8069, Attention: Xxxxxx X. Xxxxxxxx, telephone no.: 000-000-0000, facsimile no.: 000-000-0000, except payments to be made directly to any Issuing Bank as expressly provided herein and except that payments pursuant to Sections 9.032.14, 9.04, 9.05 2.16 and 10.03 10.3 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 under this Agreement and the other Loan Documents hereunder shall be made in dollars in New York, New Yorkdollars.

Appears in 1 contract

Samples: Credit Agreement (Apache Corp)

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 interest, fees or feesreimbursement of LC Disbursements, or of amounts payable under Section 9.032.14, 9.04 2.15 or 9.052.16, or otherwise) prior to 2:00 p.m.12:00 noon, New York City time, on the date when due, in immediately available funds, without set 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; provided that no amount shall be deemed to have been received on the next succeeding Business Day if the Borrower provides the Administrative Agent with written confirmation of a Federal Reserve Bank reference number no later than 4:00 p.m. on the date when due. All such payments shall be made to the Administrative Agent at the Administrative Agent’s Officeits offices at 000 Xxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx, except payments to be made directly to an Issuing Bank or Swing line Lender as expressly provided herein and except that payments pursuant to Sections 9.032.14, 9.042.15, 9.05 2.16 and 10.03 9.03 shall be made directly to the Persons entitled theretothereto 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 hereunder 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 this Agreement and the other each Loan Documents Document shall be made in dollars in New York, New Yorkdollars.

Appears in 1 contract

Samples: Credit Agreement (Galyans Trading Co Inc)

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 or fees, fees or of amounts payable under Section 9.032.15, 9.04 2.16 or 9.052.17, or otherwise) prior to 2:00 1:00 p.m., New York City local time, at place of payment, on the date when due, in immediately available funds, without set off 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; provided that no amount . All such payments shall be deemed made to have been received on the next succeeding Business Day if the Borrower provides such account of the Administrative Agent with written confirmation of a Federal Reserve Bank reference number no later than 4:00 p.m. on as the date when due. All Administrative Agent shall specify by notice to the Borrower and, unless and until otherwise specified, all such payments shall be made to the Administrative Agent at the its Administrative Agent’s Office, except that payments pursuant to Sections 9.032.15, 9.042.16, 9.05 2.17, 9.4 and 10.03 9.5 shall be made directly to the Persons entitled theretothereto and payments pursuant to other Loan Documents shall be made to the Persons specified therein. Except as otherwise specified in this Agreement, each such payment shall be made in Dollars. 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 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 this Agreement and the other Loan Documents shall be made in dollars in New York, New York.

Appears in 1 contract

Samples: Credit Agreement (Coty Inc.)

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 or fees, or of amounts payable under Section 9.032.08, 9.04 2.09 or 9.052.10, or otherwise) prior to 2:00 1:00 p.m., New York City time, on the date when due, in immediately available funds, without set 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; provided that no amount shall be deemed to have been received on the next succeeding Business Day if the Borrower provides the Administrative Agent with written confirmation of a Federal Reserve Bank reference number no later than 4:00 p.m. on the date when due. All such payments shall be made to the Administrative Agent at the Administrative Agent’s Officeits offices at Xxxxxxx Xxxxx World Headquarters, North Tower, World Financial Center, New York, New York 10281-1201, except that payments pursuant to Sections 9.032.08, 9.042.09, 9.05 2.10 and 10.03 9.03 shall be made directly to the Persons entitled theretothereto 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 hereunder 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, Day and, in the case of any payment accruing interest, interest thereon shall be payable for the period of such extension. All payments under this Agreement and the other each Loan Documents Document shall be made in dollars in New York, New Yorkdollars.

Appears in 1 contract

Samples: Assignment and Amendment Agreement (Level 3 Communications Inc)

Payments Generally; Pro Rata Treatment; Sharing of Set-offs. (a) The Borrower shall make each payment required to be made by it hereunder and under the other Loan Documents (whether of principal, interest interest, fees or feesreimbursement of LC Disbursements, or of amounts payable under Section 9.032.14, 9.04 2.15 or 9.052.16, or otherwise) prior to 2:00 p.m.12:00 noon, New York City time, on the date when due, in immediately available funds, without set 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; provided that no amount shall be deemed to have been received on the next succeeding Business Day if the Borrower provides the Administrative Agent with written confirmation of a Federal Reserve Bank reference number no later than 4:00 p.m. on the date when due. 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 an Issuing Bank or the Administrative Agent’s Office, Swingline Lender as expressly provided herein and except that payments pursuant to Sections 9.032.14, 9.042.15, 9.05 2.16 and 10.03 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 under this Agreement and the other Loan Documents hereunder shall be made in dollars in New York, New Yorkdollars.

Appears in 1 contract

Samples: Smithfield Foods Inc

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 principalprincipal of Loans, LC Disbursements, interest or fees, or of amounts payable under Section 9.03Sections 3.5, 9.04 3.6, 3.7 or 9.0510.3, or otherwise) prior to 2:00 1:00 p.m., New York City time, on the date when due, in immediately available funds, without set 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; provided that no amount shall be deemed to have been received on the next succeeding Business Day if the Borrower provides the Administrative Agent with written confirmation of a Federal Reserve Bank reference number no later than 4:00 p.m. on the date when due. All such payments shall be made to the Administrative Agent at its office at 10 S. Xxxxxxxx, Chicago, Illinois, or such other office as to which the Administrative Agent’s OfficeAgent may notify the other parties hereto, except that payments pursuant to Sections 9.033.3(b) (with respect to the fronting fee and other amounts payable to the Issuing Bank), 9.043.3(c), 9.05 3.5, 3.6, 3.7 and 10.03 10.3 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 under this Agreement and the other Loan Documents hereunder shall be made in dollars in New York, New York.dollars. Cleco Corporation Credit Agreement

Appears in 1 contract

Samples: Credit Agreement (Cleco Corp)

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 or fees, or of amounts payable under Section 9.03Sections 2.13, 9.04 2.14 or 9.052.15, or otherwise) prior to 2:00 p.m.12:00 noon, New York City time, on the date when due, in immediately available funds, without set 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; provided that no amount shall be deemed to have been received on the next succeeding Business Day if the Borrower provides the Administrative Agent with written confirmation of a Federal Reserve Bank reference number no later than 4:00 p.m. on the date when due. All such payments shall be made to the Administrative Agent at First Union National Bank, Charlotte, North Carolina, ABA no. 000000000, account no. 0000000000000, phone no. (000) 000-0000 (or such other account as the Administrative Agent’s OfficeAgent shall from time to time specify by notice), except that payments pursuant to Sections 9.032.10(b), 9.042.10(c), 9.05 2.13, 2.14, 2.15 and 10.03 9.03 shall be made directly to the Persons entitled theretothereto 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 hereunder 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 this Agreement and the other each Loan Documents Document shall be made in dollars in New York, New Yorkdollars.

Appears in 1 contract

Samples: Credit Agreement (Pf Net Communications Inc)

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 feesinterest, fees or of amounts payable under Section 9.03Sections 2.15, 9.04 2.16 or 9.052.17, or otherwise) prior to 2:00 p.m.12:00 noon, New York City time, on the date when due, in immediately available funds, without set 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; provided that no amount shall be deemed to have been received on the next succeeding Business Day if the Borrower provides the Administrative Agent with written confirmation of a Federal Reserve Bank reference number no later than 4:00 p.m. on the date when due. All such payments shall be made to the Administrative Agent at the Administrative Agent’s Officeits offices at 270 Park Avenue, New York, New York, except payments to be made dirxxxxx xx xxx Xxxxxxxxx Xxxxxx xx xxpressly provided herein and except that payments pursuant to Sections 9.032.15, 9.04, 9.05 2.16 or 2.17 and 10.03 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 under this Agreement and the other Loan Documents hereunder shall be made in dollars Dollars; provided that payments of principal and interest in New York, New Yorkrespect of a Loan denominated in an Optional Currency shall be made in such Optional Currency.

Appears in 1 contract

Samples: Credit Agreement (Leucadia National Corp)

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 principalprincipal of Loans, LC Disbursements, interest or fees, or of amounts payable under Section 9.03Sections 3.5, 9.04 3.6, 3.7 or 9.0510.3, or otherwise) prior to 2:00 1:00 p.m., New York City time, on the date when due, in immediately available funds, without set 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; provided that no amount shall be deemed to have been received on the next succeeding Business Day if the Borrower provides the Administrative Agent with written confirmation of a Federal Reserve Bank reference number no later than 4:00 p.m. on the date when due. All such payments shall be made to the Administrative Agent at its office at 10 S. Xxxxxxxx, Chicago, Illinois, or such other office as to which the Administrative Agent’s OfficeAgent may notify the other parties hereto, except that payments pursuant to Sections 9.033.3(b) (with respect to the fronting fee and other amounts payable to the Issuing Banks), 9.043.3(c), 9.05 3.5, 3.6, 3.7 and 10.03 10.3 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 under this Agreement and the other Loan Documents hereunder shall be made in dollars in New York, New Yorkdollars.

Appears in 1 contract

Samples: Credit Agreement (Allete Inc)

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 interest, fees or feesreimbursement of LC Disbursements, or of amounts payable under Section 9.032.15, 9.04 or 9.052.16, 2.17, or otherwise) prior to 2:00 p.m.12:00 noon, New York City time, on the date when due, in immediately available funds, without set off set-off, defense, recoupment 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; provided that no amount shall be deemed to have been received on the next succeeding Business Day if the Borrower provides the Administrative Agent with written confirmation of a Federal Reserve Bank reference number no later than 4:00 p.m. on the date when due. All such payments shall be made to the Administrative Agent at such account as may be specified by the Administrative Agent’s Office, except payments to be made directly to an Issuing Bank or the Swingline Lender as expressly provided herein and except that payments pursuant to Sections 9.032.15, 9.042.16, 9.05 2.17 and 10.03 9.03 shall be made directly to the Persons entitled theretothereto and payments pursuant to other Loan Documents shall be made to the Persons specified therein. The Administrative Agent shall distribute any such payments payment received by it for the account of any other Person to the appropriate recipient promptly following receipt thereofthereof in like funds. If any payment hereunder 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 this Agreement and the other each Loan Documents Document shall be made in dollars in New York, New Yorkdollars.

Appears in 1 contract

Samples: The Credit Agreement (Advance Auto Parts Inc)

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 or feesinterest, fees or of amounts payable under Section 9.03Sections 3.02, 9.04 or 9.053.03, 3.04 and 3.05 or otherwise) at or before the time expressly required hereunder or under such other Loan Document for such payment (or, if no such time is expressly required, prior to 2:00 1:00 p.m., New York City time), on the date when due, in immediately available funds, without set off setoff or counterclaim. Any amounts received after such time on any date may, in the reasonable discretion of the Administrative Agent, be deemed to have been received on the next succeeding Business Day for purposes of calculating interest thereon; provided that no amount shall be deemed to have been received on the next succeeding Business Day if the Borrower provides the Administrative Agent with written confirmation of a Federal Reserve Bank reference number no later than 4:00 p.m. on the date when due. All such payments shall be made to the Administrative Agent at the Administrative Agent’s Payment Office, except that payments pursuant to Sections 9.033.02, 9.043.03, 9.05 3.04, 3.05 and 10.03 11.04 shall be made directly to the Administrative Agent for the benefit of to the Persons entitled theretothereto and payments pursuant to other Loan Documents shall be made to the Administrative Agent for the benefit of 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 hereunder 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 this Agreement and the other each Loan Documents Document shall be made in dollars in New York, New YorkDollars.

Appears in 1 contract

Samples: Cenveo, Inc

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 interest, fees or feesreimbursement of LC Disbursements, or of amounts payable under Section 9.032.14, 9.04 2.15 or 9.052.16, or otherwise) prior to 2:00 p.m.12:00 noon, New York City timetime (except as otherwise expressly provided in this Agreement), 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; provided that no amount shall be deemed to have been received on the next succeeding Business Day if the Borrower provides the Administrative Agent with written confirmation of a Federal Reserve Bank reference number no later than 4:00 p.m. on the date when due. 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 Administrative Agent’s Office, Issuing Bank or Swingline Lender as expressly provided herein and except that payments pursuant to Sections 9.032.14, 9.042.15, 9.05 2.16 and 10.03 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 under this Agreement and the other Loan Documents hereunder shall be made in dollars in New York, New Yorkdollars.

Appears in 1 contract

Samples: Credit Agreement (Symetra Financial CORP)

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 of amounts payable under Section 9.03, 9.04 or 9.05, 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; provided that no amount shall be deemed to have been received on the next succeeding Business Day if the Borrower provides the Administrative Agent with written confirmation of a Federal Reserve Bank reference number no later than 4:00 p.m. p.m., New York City time, on the date when due. All such payments shall be made to the Administrative Agent at the Administrative Agent’s Office, except that payments pursuant to Sections 9.03, 9.04, 9.05 and 10.03 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 under this Agreement and the other Loan Documents shall be made in dollars in New York, New York.

Appears in 1 contract

Samples: Assignment and Assumption (TE Connectivity Ltd.)

Payments Generally; Pro Rata Treatment; Sharing of Set-offs. (a) The Each Borrower shall make each payment required to be made by it hereunder (whether of principal, interest or feesinterest, fees or of amounts payable under Section 9.032.12, 9.04 2.13 or 9.052.14, or otherwise) prior to 2:00 p.m.12:00 noon, New York City or London time, as applicable, on the date when due, in immediately available funds, without set 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; provided that no amount shall be deemed to have been received on the next succeeding Business Day if the Borrower provides the Administrative Agent with written confirmation of a Federal Reserve Bank reference number no later than 4:00 p.m. on the date when due. All such payments shall be made to the Administrative Agent at applicable Agency Account for the Administrative Agent’s Officeaccount of the Lenders, except that payments pursuant to Sections 9.032.12, 9.042.13, 9.05 or 2.14 and 10.03 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 under this Agreement and the other Loan Documents hereunder shall be made in dollars Dollars, except that with respect to any Loan that is denominated in New Yorkan Alternate Currency, New Yorkall payments of principal and interest with respect to such Loan shall be made in the Alternate Currency in which such Loan is denominated; provided, however, that with respect to any Loan denominated in a National Currency, all payments with respect thereto may be made in Euros in accordance with Section 1.05.

Appears in 1 contract

Samples: Credit Agreement (Kerr McGee Corp)

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 or fees, or of amounts payable under Section 9.032.13, 9.04 2.14 or 9.052.15, or otherwise) prior to 2:00 p.m.10:00 a.m., New York City Los Angeles, California time, on the date when due, in immediately available funds, without set off set-off, counterclaim, recoupment or counterclaimdeduction of any kind. 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; provided that no amount shall be deemed to have been received on the next succeeding Business Day if the Borrower provides the Administrative Agent with written confirmation of a Federal Reserve Bank reference number no later than 4:00 p.m. on the date when due. All such payments shall be made to the Administrative Agent at its offices located at 445 South Figueroa Street, Los Angeles, California 90071 (or sucx xxxxx xxxxxx xx xxx Administrative Agent shall from time to time designate to the Administrative Agent’s OfficeBorrower), except that payments pursuant to Sections 9.032.13, 9.042.14, 9.05 2.15 and 10.03 9.03 shall be made directly to the Persons entitled theretothereto 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 hereunder or under any other 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 commitments fees or any payment accruing interest, such commitment fees and such interest thereon shall be payable for the period of such extension. All payments under this Agreement and the other each Loan Documents Document shall be made in dollars in New York, New Yorkdollars.

Appears in 1 contract

Samples: Credit Agreement (Tucson Electric Power Co)

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 interest, fees, or of amounts payable under Section 9.03SECTION 2.10, 9.04 or 9.05SECTION 2.11, or otherwise) prior to 2:00 p.m.12:00 noon, New York City time, on the date when due, in immediately available funds, without set 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; provided that no amount shall be deemed to have been received on the next succeeding Business Day if the Borrower provides the Administrative Agent with written confirmation of a Federal Reserve Bank reference number no later than 4:00 p.m. on the date when due. All such payments shall be made to the Administrative Agent at its offices at Xxx Xxxxxx Xxxxxx, Xxxxxx, Xxxxxxxxxxxxx or as the Administrative Agent’s Officeshall otherwise designate to the Borrower in writing, except that payments pursuant to Sections 9.03SECTION 2.10, 9.04, 9.05 SECTION 2.11 and 10.03 SECTION 9.3 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 under this Agreement and the other Loan Documents hereunder shall be made in dollars in New York, New York.dollars. BUSDOCS/1480716.6 #PageNum#

Appears in 1 contract

Samples: Revolving Credit Agreement (Berkshire Income Realty, Inc.)

Payments Generally; Pro Rata Treatment; Sharing of Set-offs. (a) The Borrower Payments by the Obligors. Each Obligor shall make each payment required to be made by it hereunder (whether of principal, interest or fees, or of amounts payable under Section 9.032.12, 9.04 2.13 or 9.052.14, or otherwise) or under any other Loan Document (except to the extent otherwise provided therein) prior to 2:00 p.m.12:00 noon, New York City time, on the date when due, in immediately available funds, without set 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; provided that no amount shall be deemed to have been received on the next succeeding Business Day if the Borrower provides the Administrative Agent with written confirmation of a Federal Reserve Bank reference number no later than 4:00 p.m. on the date when due. All such payments shall be made to the Administrative Agent at its offices at 000 Xxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, c/o The Loan and Agency Services Group as referred to in Section 10.01, except as otherwise expressly provided in the Administrative Agent’s Officerelevant Loan Document, and except that payments pursuant to Sections 9.032.12, 9.042.13, 9.05 2.14 and 10.03 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, Day and, in the case of any payment accruing interest, interest thereon shall be payable for the period of such extension. All payments hereunder or under this Agreement and the any other Loan Documents Document (except to the extent otherwise provided therein) shall be made in dollars in New York, New Yorkdollars.

Appears in 1 contract

Samples: Credit Agreement (CCPR Services Inc)

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 or fees, or of amounts payable under Section 9.032.13, 9.04 2.14 or 9.052.15, or otherwise) prior to 2:00 p.m.12:00 noon, New York City time, on the date when due, in immediately available funds, without set 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; provided that no amount shall be deemed to have been received on the next succeeding Business Day if the Borrower provides the Administrative Agent with written confirmation of a Federal Reserve Bank reference number no later than 4:00 p.m. on the date when due. All such payments shall be made to the Administrative Agent at The Chase Manhattan Bank, New York, New York, ABA no. _____________, account no. ______________, phone no. (000) 000-0000 (or such other account as the Administrative Agent’s OfficeAgent shall from time to time specify by notice), except that payments pursuant to Sections 9.032.10(b), 9.042.10(c), 9.05 2.13, 2.14, 2.15 and 10.03 9.03 shall be made directly to the Persons entitled theretothereto 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 hereunder 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 this Agreement and the other each Loan Documents Document shall be made in dollars in New York, New Yorkdollars.

Appears in 1 contract

Samples: Credit Agreement (Winstar Communications Inc)

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 interest, fees or feesreimbursement of LC Disbursements, or of amounts payable under Section 9.032.14, 9.04 2.15 or 9.052.16, or otherwise) prior to 2:00 p.m.12:00 noon, New York City timetime (except as otherwise expressly provided in this Agreement), 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; provided that no amount shall be deemed to have been received on the next succeeding Business Day if the Borrower provides the Administrative Agent with written confirmation of a Federal Reserve Bank reference number no later than 4:00 p.m. on the date when due. 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 Administrative Agent’s OfficeIssuing Banks or Swingline Lenders, as expressly provided herein and except that payments pursuant to Sections 9.032.14, 9.042.15, 9.05 2.16 and 10.03 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 under this Agreement and the other Loan Documents hereunder shall be made in dollars in New York, New Yorkdollars.

Appears in 1 contract

Samples: Credit Agreement (Symetra Financial CORP)

Payments Generally; Pro Rata Treatment; Sharing of Set-offs. (a) The Borrower Each Account Party shall make each payment required to be made by it hereunder (whether of principal, interest or feesinterest, fees or of amounts payable under Section 9.03, 9.04 2.06 or 9.05, 2.12 or otherwise, except as expressly set forth in Section 2.05) prior to 12:00 noon (or, in the case of any prepayment or repayment in full of all outstanding Letters of Credit and/or all outstanding Loans, 2:00 p.m.), New York City time, on the date when due, in immediately available funds, without set set-off or counterclaimcounterclaim in Dollars. 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; provided that no amount shall be deemed to have been received on the next succeeding Business Day if the Borrower provides the Administrative Agent with written confirmation of a Federal Reserve Bank reference number no later than 4:00 p.m. on the date when due. All such payments shall be made to the Administrative Agent at the Administrative Agent’s Officeits offices at 0000 Xxxxxx, 0xx xxxxx, Xxxxxxx, Xxxxx 00000, except that payments pursuant to Sections 9.032.06, 9.04, 9.05 2.12 and 10.03 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 under this Agreement and the other Loan Documents shall be made in dollars in New York, New York.

Appears in 1 contract

Samples: Credit Facility Agreement (Validus Holdings LTD)

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, under any other Loan Document on or of amounts payable under Section 9.03, 9.04 or 9.05, or otherwise) prior to 2:00 the time expressly required hereunder or under such other Loan Document for such payment (or, if no such time is expressly required, on or prior to 3:00 p.m., New York City time), on the date when due, in immediately available funds, without set off any defense, setoff, recoupment 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; provided that no amount shall be deemed to have been received on the next succeeding Business Day if the Borrower provides the Administrative Agent with written confirmation of a Federal Reserve Bank reference number no later than 4:00 p.m. on the date when due. All such payments shall be made to the Administrative Agent at such account as may be specified by the Administrative Agent’s Office, except ; provided that payments pursuant to Sections 9.032.13, 9.042.14, 9.05 2.15 and 10.03 9.03 shall be made directly to the Persons entitled theretothereto and payments pursuant to other Loan Documents shall be made to the Persons specified therein. The Administrative Agent shall distribute any such payments payment received by it for the account of any other Person to the appropriate recipient promptly following receipt thereof. thereof If any payment hereunder or under any other 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, Day and, in the case of any payment accruing interest, interest thereon shall be payable for the period of such extension. All payments under this Agreement and the other each Loan Documents Document shall be made in dollars in New York, New Yorkdollars.

Appears in 1 contract

Samples: Junior Priority Intercreditor Agreement (Mens Wearhouse Inc)

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 principalprincipal of Loans, LC Disbursements, interest or fees, or of amounts payable under Section 9.03Sections 3.5, 9.04 3.6, 3.7 or 9.0510.3, or otherwise) prior to 2:00 1:00 p.m., New York City time, on the date when due, in immediately available funds, without set 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; provided that no amount shall be deemed to have been received on the next succeeding Business Day if the Borrower provides the Administrative Agent with written confirmation of a Federal Reserve Bank reference number no later than 4:00 p.m. on the date when due. All such payments shall be made to the Administrative Agent at its office at One Wall Street, New York, New York, or such other office as to which the Administrative Agent’s OfficeAgent may notify Cleco Power LLC First Amended and Restated Credit Agreement the other parties hereto, except payments to be made to the Issuing Bank as expressly provided herein and except that payments pursuant to Sections 9.033.5, 9.043.6, 9.05 3.7 and 10.03 10.3 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 under this Agreement and the other Loan Documents hereunder shall be made in dollars in New York, New Yorkdollars.

Appears in 1 contract

Samples: Credit Agreement (Cleco Power LLC)

Payments Generally; Pro Rata Treatment; Sharing of Set-offs. (a) The Each Borrower shall make each payment required to be made by it hereunder or under any other Loan Document (whether of principal, interest or fees, or of amounts payable under Section 9.032.13, 9.04 2.14 or 9.052.15, or otherwise) prior to 2:00 p.m.12:00 noon, New York City time, on the date when due, in immediately available funds, without set 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; provided that no amount shall be deemed to have been received on the next succeeding Business Day if the Borrower provides the Administrative Agent with written confirmation of a Federal Reserve Bank reference number no later than 4:00 p.m. on the date when due. All such payments shall be made to the Administrative Agent at The Chase Manhattan Bank, New York, New York, ABA no. 000000000, account no. 0000000000, phone no. (000) 000-0000 (or such other account as the Administrative Agent’s OfficeAgent shall from time to time specify by notice), except that payments pursuant to Sections 9.032.10(b), 9.042.10(c), 9.05 2.13, 2.14, 2.15 and 10.03 9.03 shall be made directly to the Persons entitled theretothereto 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 hereunder 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 this Agreement and the other each Loan Documents Document shall be made in dollars in New York, New Yorkdollars.

Appears in 1 contract

Samples: Credit Agreement (Winstar Communications Inc)

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 principalprincipal of Loans, LC Disbursements, interest or fees, or of amounts payable under Section 9.03Sections 3.5, 9.04 3.6, 3.7 or 9.0510.3, or otherwise) prior to 2:00 1:00 p.m., New York City time, on the date when due, in immediately available funds, without set set-off or counterclaim. Any amounts received after such time on any date may, in the discretion of the Administrative Agent, be Cleco Corporation Credit Agreement deemed to have been received on the next succeeding Business Day for purposes of calculating interest thereon; provided that no amount shall be deemed to have been received on the next succeeding Business Day if the Borrower provides the Administrative Agent with written confirmation of a Federal Reserve Bank reference number no later than 4:00 p.m. on the date when due. All such payments shall be made to the Administrative Agent at its office at 10 X. Xxxxxxxx, Chicago, Illinois, or such other office as to which the Administrative Agent’s OfficeAgent may notify the other parties hereto, except that payments pursuant to Sections 9.033.3(b) (with respect to the fronting fee and other amounts payable to the Issuing Bank), 9.043.3(c), 9.05 3.5, 3.6, 3.7 and 10.03 10.3 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 under this Agreement and the other Loan Documents hereunder shall be made in dollars in New York, New Yorkdollars.

Appears in 1 contract

Samples: Credit Agreement (Cleco Power LLC)

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