Common use of Payments Generally; Pro Rata Treatment; Sharing of Setoffs Clause in Contracts

Payments Generally; Pro Rata Treatment; Sharing of Setoffs. (a) Unless otherwise specified, the Borrower shall make each payment required to be made by it hereunder (whether of principal, interest, fees, or of amounts payable under Section 2.17 or otherwise) prior to 2:00 p.m., Local Time, on the date when due, in immediately available funds, without condition or deduction for any defense, recoupment, set off or counterclaim. Any amounts received after such time on any date may, in the discretion of the Administrative Agent, be deemed to have been received on the next succeeding Business Day for purposes of calculating interest thereon. All such payments shall be made to the Administrative Agent to the applicable account designated to the Borrower by the Administrative Agent, except that payments pursuant to Sections 2.17 and 9.05 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, then unless otherwise provided with respect to such payment, 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 the Loan Documents shall be made in 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 accordance with the regulations or operating procedures of the clearing or settlement system used by the Administrative Agent to make such payment.

Appears in 3 contracts

Samples: Intercreditor Agreement (Claires Stores Inc), Term Loan Credit Agreement (Claires Stores Inc), Term Loan Credit Agreement (Claires Stores Inc)

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Payments Generally; Pro Rata Treatment; Sharing of Setoffs. (a) Unless otherwise specified, the Each Borrower shall make each payment required to be made by it hereunder (whether of principal, interest, feesfees or reimbursements of LC Disbursements, or of amounts payable under Section 2.17 2.14, 2.15 or 2.16, or otherwise) prior to 2:00 1:00 p.m., Local Time, on the date when due, in immediately available funds, without condition or deduction for any defense, recoupment, set off setoff or counterclaim. Any amounts received after such time on any date mayshall, in the discretion of unless the Administrative AgentAgent is able to distribute such amounts to the applicable Lenders on such date, be deemed to have been received on the next succeeding Business Day for purposes of calculating interest thereon. All such payments shall be made to the Administrative Agent to (i) in New York, for payments in Dollars, (ii) in London, for payments in Euros or Pounds and (iii) in Tokyo, for payments in Yen, in each case, at the applicable account designated to the Borrower by offices for the Administrative AgentAgent set forth in Section 9.01, except payments to be made directly to an Issuing Bank as expressly provided herein, and except that payments pursuant to Sections 2.17 2.14, 2.15, 2.16 and 9.05 9.03 shall be made directly to the persons Persons entitled thereto. The Administrative Agent shall distribute any such payments received by it for the account of any other person Person to the appropriate recipient in like funds promptly following receipt thereof. If any payment hereunder shall be due on a day that is not a Business Day, then unless otherwise provided with respect to such payment, 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 the Loan Documents hereunder, whether such payments are made in respect of principal, interest or fees, shall be made in Dollars. Any the Currency in which the applicable payment required obligation is due; provided, that payments in respect of Facility Fees pursuant to be made by the Administrative Agent hereunder Section 2.11 and any other payments (not in respect of principal, interest or fees) or reimbursements 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 payable in accordance with the regulations or operating procedures of the clearing or settlement system used by the Administrative Agent to make such paymentDollars.

Appears in 3 contracts

Samples: Credit Agreement (Time Warner Inc), Credit Agreement (Time Warner Inc), Credit Agreement (Aol Time Warner Inc)

Payments Generally; Pro Rata Treatment; Sharing of Setoffs. (a) Unless otherwise specified, the The Borrower shall make each payment required to be made by it hereunder (whether of principal, interest, fees, reimbursement of LC Disbursements or of any amounts payable under Section 2.17 2.14, 2.15 or 2.16, or otherwise) prior to 2:00 the time expressly required hereunder (or, if no such time is expressly required, prior to 12:00 p.m., Local Time, New York City time) on the date when due, due in immediately available funds, without condition or deduction for any defense, recoupment, 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. All such payments shall be made to such account of the Administrative Agent to the applicable account designated to the Borrower as shall be specified by the Administrative Agent, except that payments required to be made directly to any Issuing Bank or any Swingline Lender shall be so made and payments pursuant to Sections 2.17 2.14, 2.15, 2.16 and 9.05 9.03 shall be made directly to the persons Persons entitled thereto. The Administrative Agent shall distribute any such payments received by it for the account of any other person 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, then unless otherwise provided with respect to such payment, 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 the Loan Documents hereunder shall be made in 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 accordance with the regulations or operating procedures of the clearing or settlement system used by the Administrative Agent to make such paymentdollars.

Appears in 3 contracts

Samples: Assignment and Acceptance (Hess Midstream Partners LP), Assignment and Acceptance (Hess Midstream Partners LP), Guarantee Agreement (Hess Midstream Partners LP)

Payments Generally; Pro Rata Treatment; Sharing of Setoffs. (a) Unless otherwise specified, the The Borrower shall make each payment required to be made by it hereunder (whether of principal, interest, fees, or of amounts payable under Section 2.17 or otherwise) any other Loan Document prior to 2:00 p.m.the time expressly required hereunder or under such other Loan Document for such payment (or, Local Timeif 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 condition or deduction for any defense, recoupmentsetoff, set off 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. All such payments shall be made to the Administrative Agent to the applicable such account designated to the Borrower as may be specified by the Administrative Agent, except that payments pursuant to Sections 2.17 2.14, 2.15, 2.16 and 9.05 10.03 shall be made directly to the persons 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 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, then unless otherwise provided with respect to such payment, 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 the each Loan Documents Document of principal or interest in respect of any Loan (or of any breakage indemnity in respect of any Loan) shall be made in Dollars. Any payment required to the currency of such Loan; all other payments under each Loan Document shall be made by the Administrative Agent hereunder shall be deemed to have been made by the time required if the Administrative Agent shallin U.S. Dollars, at or before such time, have taken the necessary steps to make such payment in accordance with the regulations or operating procedures of the clearing or settlement system used by the Administrative Agent to make such paymentexcept as otherwise expressly provided herein.

Appears in 3 contracts

Samples: Term Loan Credit Agreement, Term Loan Credit Agreement (Phi Inc), Term Loan Credit Agreement (PHI Group, Inc./De)

Payments Generally; Pro Rata Treatment; Sharing of Setoffs. (a) Unless otherwise specified, the The Borrower shall make each payment required to be made by it hereunder or under any other Loan Document (whether of principal, interest, interest or fees, or of amounts payable under Section 2.17 2.09, 2.10 or 2.11, or otherwise) prior to 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 p.m., Local TimeNew York City time), on the date when due, in immediately available funds, without condition or deduction for any defense, recoupment, 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. All such payments shall be made to the Administrative Agent to at the applicable account designated to the Borrower by the Administrative AgentPayment Office, except that payments pursuant to Sections 2.17 2.09, 2.10, 2.11 and 9.05 9.03 shall be made directly to the persons 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 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, then unless otherwise provided with respect to such payment, 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 the each Loan Documents Document shall be made in Dollars. Any payment required dollars and applied to be made by the Administrative Agent hereunder shall be deemed to have been made by the time required if the Administrative Agent shallLoans pro rata, at or before such time, have taken the necessary steps to make such payment except as set forth in accordance with the regulations or operating procedures of the clearing or settlement system used by the Administrative Agent to make such paymentSection 2.05(d) and 2.14 and as otherwise explicitly provided herein.

Appears in 3 contracts

Samples: Senior Secured Loan Agreement, Senior Secured Loan Agreement, Assignment and Assumption (Hawaiian Telcom Holdco, Inc.)

Payments Generally; Pro Rata Treatment; Sharing of Setoffs. (a) Unless otherwise specified, the The Borrower shall make each payment required to be made by it hereunder under any Loan Document (whether of principal, interest, interest or fees, or of amounts payable under Section 2.17 2.13, 2.14 or 2.15, or otherwise) prior to 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 p.m., Local TimeNew York City time), on the date when due, in immediately available funds, without condition or deduction for any defensecounterclaim, recoupment, set off recoupment or counterclaimsetoff. Any amounts received after such time on any date may, in the discretion of the Administrative Agent, be deemed to have been received on the next succeeding Business Day for purposes of calculating interest thereon. All such payments shall be made to the Administrative Agent to the applicable such account designated to the Borrower as may be specified by the Administrative Agent, except that payments pursuant to Sections 2.17 2.13, 2.14, 2.15 and 9.05 9.03 shall be made directly to the persons 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 Person to the appropriate recipient promptly following receipt thereof. If any payment hereunder (other than payments on the Eurodollar Loans) under any Loan Document shall be due on a day that is not a Business Day, then unless otherwise provided with respect to such payment, the date for payment shall be extended to the next succeeding Business Day. If any payment on a Eurodollar Loan becomes due and payable on a day other than a Business Day, andthe maturity thereof shall be extended to the next succeeding Business Day unless the result of such extension would be to extend such payment into another calendar month, in which event such payment shall be made on the immediately preceding Business Day. In the case of any payment accruing interestof principal pursuant to the preceding two sentences, interest thereon shall be payable at the then applicable rate for the period of such extension. All payments under the each Loan Documents Document shall be made in 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 accordance with the regulations or operating procedures of the clearing or settlement system used by the Administrative Agent to make such paymentdollars.

Appears in 3 contracts

Samples: Credit Agreement (Virtu Financial, Inc.), Credit Agreement (Virtu Financial, Inc.), Escrow Credit Agreement (Virtu Financial, Inc.)

Payments Generally; Pro Rata Treatment; Sharing of Setoffs. (a) Unless otherwise specified, the The Borrower shall make each payment required to be made by it hereunder (whether of principal, interest, fees, or of amounts payable under Section 2.17 or otherwise) any other Loan Document prior to 2:00 p.m.the time expressly required hereunder or under such other Loan Document for such payment (or, Local Timeif no such time is expressly required, prior to 12:00 noon, Pittsburgh time), on the date when due, in immediately available funds, without condition or deduction for any defense, recoupmentsetoff, set off 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. All such payments shall be made to the Administrative Agent to the applicable such account designated to the Borrower as may be specified by the Administrative Agent, except that payments required to be made directly to any Issuing Bank or the Swingline Lender shall be so made, payments pursuant to Sections 2.15, 2.16, 2.17 and 9.05 9.03 shall be made directly to the persons 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 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, then unless otherwise provided with respect to such payment, 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 the each Loan Documents Document shall be made in Dollars. Any payment required Dollars other than, to be made by the Administrative Agent hereunder shall be deemed extent specified herein (including in Section 2.25), with respect to have been made by the time required if the Administrative Agent shall, at Optional Currency Swingline Loans or before such time, have taken the necessary steps to make such payment Letters of Credit denominated in accordance with the regulations or operating procedures of the clearing or settlement system used by the Administrative Agent to make such paymentan Optional Currency.

Appears in 3 contracts

Samples: Credit Agreement (Bentley Systems Inc), Credit Agreement (Bentley Systems Inc), Credit Agreement (Bentley Systems Inc)

Payments Generally; Pro Rata Treatment; Sharing of Setoffs. (a) Unless otherwise specified, the The Borrower shall make each payment required to be made by it hereunder (whether of principal, interest, feesfees or reimbursement of LC Disbursements, or of amounts payable under Section 2.17 2.14, 2.15 or 2.16, or otherwise) prior to 2:00 p.m., Local Time, on the date when due, in immediately available funds, without condition or deduction for any defense, recoupment, 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. All such payments shall be made to the Administrative Agent at its offices referred to the applicable account designated to the Borrower in Section 9.01 (or as otherwise directed by the Administrative Agent), except payments to be made directly to an Issuing Bank or Swingline Lender as expressly provided herein and except that payments pursuant to Sections 2.17 2.14, 2.15, 2.16 and 9.05 9.03 shall be made directly to the persons Persons entitled thereto. The Administrative Agent shall distribute any such payments received by it for the account of any other person 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, then unless otherwise provided with respect to such payment, the date for payment shall be extended to the next succeeding Business Day, andand (x), in the case of any payment accruing interest, interest thereon shall be payable for the period of such extension and (y) in the case of any payment of fees, such fees shall be payable for the period of such extension. All payments under the each Loan Documents Document of principal or interest in respect of any Loan (or of any breakage indemnity in respect of any Loan) shall be made in Dollars. Any payment required to , and, except as otherwise expressly set forth in any Loan Document, all other payments under each Loan Document shall 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 accordance with the regulations or operating procedures of the clearing or settlement system used by the Administrative Agent to make such paymentDollars.

Appears in 3 contracts

Samples: Pledge and Security Agreement (Caseys General Stores Inc), Credit Agreement (Caseys General Stores Inc), Credit Agreement (Caseys General Stores Inc)

Payments Generally; Pro Rata Treatment; Sharing of Setoffs. (a) Unless otherwise specified, the The Borrower shall make each payment required to be made by it hereunder or under any other Loan Document prior to the time expressly required hereunder or under such other Loan Document for such payment (whether of principalor, interestif no such time is expressly required, fees, or of amounts payable under Section 2.17 or otherwise) prior to 2:00 p.m., Local TimeNew York City time), on the date when due, in immediately available funds, without condition or deduction for any defense, recoupmentsetoff, set off 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. All such payments shall be made to the Administrative Agent to the applicable such account designated to the Borrower as may be specified by the Administrative Agent, except that payments required to be made directly to any Issuing Bank shall be so made, payments pursuant to Sections 2.17 2.14, 2.15, 2.16 and 9.05 9.03 shall be made directly to the persons 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 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, then unless otherwise provided with respect to such payment, 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 the each Loan Documents Document shall be made in 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 accordance with the regulations or operating procedures of the clearing or settlement system used by the Administrative Agent to make such paymentU.S. dollars.

Appears in 3 contracts

Samples: Credit Agreement (Pandora Media, Inc.), Credit Agreement (Pandora Media, Inc.), Credit Agreement (Pandora Media, Inc.)

Payments Generally; Pro Rata Treatment; Sharing of Setoffs. (a) Unless otherwise specified, the Each Borrower shall make each payment required to be made by it hereunder (whether of principal, interest, feesfees or reimbursements of LC Disbursements, or of amounts payable under Section 2.17 2.14, 2.15 or 2.16, or otherwise) prior to 2:00 1:00 p.m., Local Time, on the date when due, in immediately available funds, without condition or deduction for any defense, recoupment, set off setoff or counterclaim. Any amounts received after such time on any date mayshall, in the discretion of unless the Administrative AgentAgent is able to distribute such amounts to the applicable Lenders on such date, be deemed to have been received on the next succeeding Business Day for purposes of calculating interest thereon. All such payments shall be made to the Administrative Agent to (i) in New York, for payments in Dollars, (ii) in London, for payments in Euros or Pounds and (iii) in Tokyo, for payments in Yen, in each case, at the applicable account designated to the Borrower by offices for the Administrative AgentAgent set forth in Section 9.01, except payments to be made directly to an Issuing Bank as expressly provided herein, and except that payments pursuant to Sections 2.17 2.14, 2.15, 2.16 and 9.05 9.03 shall be made directly to the persons Persons entitled thereto. The Administrative Agent shall distribute any such payments received by it for the account of any other person Person to the appropriate recipient in like funds promptly following receipt thereof. If any payment hereunder shall be due on a day that is not a Business Day, then unless otherwise provided with respect to such payment, 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 the Loan Documents hereunder, whether such payments are made in respect of principal, interest or fees, shall be made in Dollars. Any the Currency in which the applicable payment required obligation is due; provided that payments in respect of Facility Fees pursuant to be made by the Administrative Agent hereunder Section 2.11 and any other payments (not in respect of principal, interest or fees) or reimbursements 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 payable in accordance with the regulations or operating procedures of the clearing or settlement system used by the Administrative Agent to make such paymentDollars.

Appears in 3 contracts

Samples: Credit Agreement (Time Warner Inc.), Credit Agreement (Time Warner Inc.), Credit Agreement (Time Warner Inc.)

Payments Generally; Pro Rata Treatment; Sharing of Setoffs. (a) Unless otherwise specified, the The Borrower shall make each payment required to be made by it hereunder or under any other Loan Document (whether of principal, interest, feesfees or reimbursement of LC Disbursements, or of amounts payable under Section 2.17 2.14, 2.15 or 2.16, or otherwise) prior to 2:00 p.m.12:00 noon, Local TimeNew York City time, on the date when due, in immediately available funds, without condition or deduction for any defense, recoupment, 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. All such payments shall be made to the Administrative Agent at its offices at 270 Xxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx, xxcept payments to be made directly to the applicable account designated to the Borrower by the Administrative Agent, Issuing Bank or Swingline Lender as expressly provided herein and except that payments pursuant to Sections 2.17 2.14, 2.15, 2.16 and 9.05 9.03 shall be made directly to the persons 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 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, then unless otherwise provided with respect to such payment, 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 the each Loan Documents Document shall be made in 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 accordance with the regulations or operating procedures of the clearing or settlement system used by the Administrative Agent to make such paymentdollars.

Appears in 3 contracts

Samples: Intercreditor Agreement (Hechinger Co), Credit Agreement (Hechinger Co), Security Agreement (Hechinger Co)

Payments Generally; Pro Rata Treatment; Sharing of Setoffs. (a) Unless otherwise specified, the Borrower Each Loan Party shall make each payment required to be made by it hereunder or under any other Loan Document (whether of principalprincipal of Loans, interest, interest or fees, or of amounts payable under Section 2.17 3.05, 3.06, 3.07 or 10.03, or otherwise) prior to 2:00 p.m., Local Time, 12:00 noon on the date when due, in immediately available funds, without condition or deduction for any defense, recoupment, 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. All such payments shall be made to the Administrative Agent at its office at 0 X&X Xxxxx, Xxxxxxx, Xxx Xxxx 00000, or such other office as to which the applicable account designated to Agent may notify the Borrower by the Administrative Agentother parties hereto, except that payments pursuant to Sections 2.17 3.05, 3.06, 3.07 and 9.05 10.03 shall be made directly to the persons Persons entitled thereto. The Administrative Agent shall distribute any such payments received by it for the account of any other person Person to the appropriate recipient promptly following receipt thereofthereof together with, in the case of payments due to any Lender, interest thereon at the Federal Funds Rate, with respect to any payment which the Agent receives from any Loan Party by 12:00 Noon and does not distribute to such Lender on the same Business Day. If any payment hereunder shall be due on a day that is not a Business Day, then unless otherwise provided with respect to such payment, 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 the Loan Documents hereunder shall be made in 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 accordance with the regulations or operating procedures of the clearing or settlement system used by the Administrative Agent to make such paymentdollars.

Appears in 2 contracts

Samples: Guaranty Agreement (Lecroy Corp), Credit Agreement (Lecroy Corp)

Payments Generally; Pro Rata Treatment; Sharing of Setoffs. (a) Unless otherwise specified, the The Borrower shall make each payment required to be made by it hereunder or under any other Loan Document (whether of principal, interest, interest or fees, or of amounts payable under Section 2.17 3.05, 3.06, 3.07 or 10.03, or otherwise) prior to 2:00 3:00 p.m., Local TimeNew York City time, on the date when due, in immediately available funds, without condition or deduction for any defense, recoupment, 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. 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 the applicable account designated to the Borrower by which the Administrative AgentAgent may notify the other parties hereto, except that payments pursuant to Sections 2.17 3.05, 3.06, 3.07 and 9.05 10.03 shall be made directly to the persons Persons entitled thereto. The Administrative Agent shall distribute any such payments received by it for the account of any other person Person to the appropriate recipient promptly following receipt thereof. In the event the Administrative Agent has not in fact made available to each Lender its share of the applicable payment within one Business Day of the receipt thereof, then the Administrative Agent agrees to pay to the applicable Lender forthwith on demand its share of such payment with interest thereon for each day, from and including the second Business Day after such payment was received by the Administrative Agent but excluding the date of payment by the Administrative Agent, at the greater of the Federal Funds Rate and a rate determined by the Administrative Agent in accordance with banking industry rules on interbank compensation. If any payment hereunder shall be due on a day that is not a Business Day, then unless otherwise provided with respect to such payment, 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 the Loan Documents hereunder shall be made in 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 accordance with the regulations or operating procedures of the clearing or settlement system used by the Administrative Agent to make such paymentdollars.

Appears in 2 contracts

Samples: Credit Agreement (Hawaiian Electric Co Inc), Credit Agreement (Hawaiian Electric Co Inc)

Payments Generally; Pro Rata Treatment; Sharing of Setoffs. (a) Unless otherwise specified, the Each Borrower shall make each payment required to be made by it hereunder (whether of principal, interest, feesfees or reimbursements of LC Disbursements, or of amounts payable under Section 2.17 2.14, 2.15 or 2.16, or otherwise) prior to 2:00 1:00 p.m., Local TimeNew York time, on the date when due, in immediately available funds, without condition or deduction for any defense, recoupment, set off setoff or counterclaim. Any amounts received after such time on any date mayshall, in the discretion of unless the Administrative AgentAgent is able to distribute such amounts to the applicable Lenders on such date, be deemed to have been received on the next succeeding Business Day for purposes of calculating interest thereon. All such payments shall be made to the Administrative Agent to in New York at the applicable account designated to the Borrower by offices for the Administrative AgentAgent set forth in Section 9.01, except payments to be made directly to an Issuing Bank as expressly provided herein, and except that payments pursuant to Sections 2.17 2.14, 2.15, 2.16 and 9.05 9.03 shall be made directly to the persons Persons entitled thereto. The Administrative Agent shall distribute any such payments received by it for the account of any other person Person to the appropriate recipient in like funds promptly following receipt thereof. If any payment hereunder shall be due on a day that is not a Business Day, then unless otherwise provided with respect to such payment, 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 the Loan Documents hereunder, whether such payments are made in respect of principal, interest or fees or other amounts payable hereunder, shall be made in 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 accordance with the regulations or operating procedures of the clearing or settlement system used by the Administrative Agent to make such payment.

Appears in 2 contracts

Samples: Credit Agreement (Time Warner Inc), Credit Agreement (Time Warner Inc)

Payments Generally; Pro Rata Treatment; Sharing of Setoffs. (a) Unless otherwise specified, the The Borrower shall make each payment required to be made by it hereunder (whether of principal, interest, fees, or of amounts payable under Section 2.17 3.09, 3.10 or 3.11, or otherwise) prior to 2:00 3:00 p.m., Local TimeNew York City time, at the place of payment, on the date when due, in immediately available funds, without condition or deduction for any defense, recoupment, 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. All such payments shall be made to the Administrative Agent to the applicable account designated to the Borrower by at the Administrative Agent’s Office, except that payments pursuant to Sections 2.17 Section 3.09, 3.10, 3.11 and 9.05 10.05 shall be made directly to the persons Persons entitled thereto. The Administrative Agent shall distribute any such payments received by it for the account of any other person 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, then unless otherwise provided with respect to such payment, the date for payment shall be extended extended, except as otherwise provided in the definition of the terms “Maturity Date” and “Interest Period”, to the next succeeding Business Day, and, in the case of any payment accruing interest, interest thereon shall be payable for the period of such extension. All payments hereunder and under the other Loan Documents shall be made in 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 accordance with the regulations or operating procedures of the clearing or settlement system used by the Administrative Agent to make such payment.

Appears in 2 contracts

Samples: Credit Agreement (Zimmer Biomet Holdings, Inc.), Credit Agreement (Zimmer Biomet Holdings, Inc.)

Payments Generally; Pro Rata Treatment; Sharing of Setoffs. (a) Unless otherwise specified, the Borrower Each Loan Party shall make each payment required to be made by it hereunder or under any other Loan Document (whether of principalprincipal of Loans, interestLC Disbursements, interest or fees, or of amounts payable under Section 2.17 Sections 3.5, 3.6, 3.7 or 10.3, or otherwise) prior to 2:00 p.m., Local TimeNew York City time, on the date when due, in immediately available funds, without condition or deduction for any defense, recoupment, 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. All such payments shall be made to the Administrative Agent at its office at 1301 Avenue of the Americas, New York, New York, or such other office as to which the Administrative Agent may notify the other parties hereto, except payments to be made to the applicable account designated to Issuing Bank or the Borrower by the Administrative Agent, Swingline Lender as expressly provided herein and except that payments pursuant to Sections 2.17 3.5, 3.6, 3.7 and 9.05 10.3 shall be made directly to the persons 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 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, then unless otherwise provided with respect to such payment, 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 the Loan Documents hereunder shall be made in 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 accordance with the regulations or operating procedures of the clearing or settlement system used by the Administrative Agent to make such paymentdollars.

Appears in 2 contracts

Samples: Credit Agreement (General Communication Inc), Credit Agreement (Gci Inc)

Payments Generally; Pro Rata Treatment; Sharing of Setoffs. (a) Unless otherwise specified, the The Borrower shall make each payment required to be made by it hereunder (whether of principal, interest, feesfees or reimbursements of LC Disbursements, or of amounts payable under Section 2.17 2.14, 2.15 or 2.16, or otherwise) prior to 2:00 1:00 p.m., Local Time, on the date when due, in immediately available funds, without condition or deduction for any defense, recoupment, set off setoff or counterclaim. Any amounts received after such time on any date may, in the discretion of the Administrative AgentDocumentation Manager, be deemed to have been received on the next succeeding Business Day for purposes of calculating interest thereon. All such payments shall be made to the Administrative Agent Documentation Manager (i) in New York, for payments in Dollars, (ii) in London, for payments in Euros or Pounds and (iii) in Tokyo, for payments in Yen, in each case, at the offices for the Documentation Manager set forth in Section 9.01, except payments to be made directly to the applicable account designated to the Borrower by the Administrative AgentSwingline Lender as expressly provided herein, and except that payments pursuant to Sections 2.17 2.14, 2.15, 2.16 and 9.05 9.03 shall be made directly to the persons Persons entitled thereto. The Administrative Agent Documentation Manager shall distribute any such payments received by it for the account of any other person Person to the appropriate recipient in like funds promptly following receipt thereof. If any payment hereunder shall be due on a day that is not a Business Day, then unless otherwise provided with respect to such payment, 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 the Loan Documents hereunder, whether such payments are made in respect of principal, interest or fees, shall be made in Dollars. Any the Currency in which the applicable payment required to be made by the Administrative Agent hereunder obligation is due; provided, that payments in respect of Facility Fees pursuant Section 2.11 and any other payments (not in respect of principal, interest or fees) or reimbursements 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 payable in accordance with the regulations or operating procedures of the clearing or settlement system used by the Administrative Agent to make such paymentPounds.

Appears in 2 contracts

Samples: Credit Agreement (Aol Time Warner Inc), Credit Agreement (Aol Time Warner Inc)

Payments Generally; Pro Rata Treatment; Sharing of Setoffs. (a) Unless otherwise specified, the Each Borrower shall make each payment required to be made by it hereunder (whether of principal, interest, fees, or of amounts payable under Section 2.17 or otherwise) any other Loan Document prior to 2:00 p.m.the time expressly required hereunder or under such other Loan Document for such payment (or, Local Timeif 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 condition or deduction for any defense, recoupmentsetoff, set off 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. All such payments shall be made to the Administrative Agent to the applicable such account designated to the Borrower as may be specified by the Administrative Agent, except that payments required to be made directly to any Issuing Bank or the Swingline Lender shall be so made, payments pursuant to Sections 2.17 2.16, 2.17, 2.18 and 9.05 9.03 shall be made directly to the persons 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 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, then unless otherwise provided with respect to such payment, 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 the each Loan Documents Document shall be made in 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 accordance with the regulations or operating procedures of the clearing or settlement system used by the Administrative Agent to make such paymentdollars.

Appears in 2 contracts

Samples: Credit Agreement (Murphy USA Inc.), Credit Agreement (Murphy USA Inc.)

Payments Generally; Pro Rata Treatment; Sharing of Setoffs. (a) Unless otherwise specified, the Each Borrower shall make each payment required to be made by it hereunder (whether of principal, interest, feesfees or reimbursement of LC Disbursements, or of amounts payable under Section 2.17 2.14, 2.15 or 2.16, or otherwise) prior to 2:00 p.m., Local Time, on the date when due, in immediately available funds, without condition or deduction for any defense, recoupment, 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. All such payments shall be made to the Administrative Agent at its offices referred to the applicable account designated to the Borrower in Section 9.01 (or as otherwise directed by the Administrative Agent), except payments to be made directly to an Issuing Bank or Swingline Lender as expressly provided herein and except that payments pursuant to Sections 2.17 2.14, 2.15, 2.16 and 9.05 9.03 shall be made directly to the persons Persons entitled thereto. The Administrative Agent shall distribute any such payments received by it for the account of any other person 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, then unless otherwise provided with respect to such payment, the date for payment shall be extended to the next succeeding Business Day, andand (x), in the case of any payment accruing interest, interest thereon shall be payable for the period of such extension and (y) in the case of any payment of fees, such fees shall be payable for the period of such extension. All payments under each Loan Document of principal or interest in respect of any Loan (or of any breakage indemnity in respect of any Loan) shall be made in the currency of such Loan, and, except as otherwise expressly set forth in any Loan Documents Document, all other payments under each Loan Document shall be made in 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 accordance with the regulations or operating procedures of the clearing or settlement system used by the Administrative Agent to make such payment.

Appears in 2 contracts

Samples: Pledge and Security Agreement (Delphi Technologies PLC), Credit Agreement (Delphi Technologies PLC)

Payments Generally; Pro Rata Treatment; Sharing of Setoffs. (a) Unless otherwise specified, the The Borrower shall make each payment required to be made by it hereunder (whether of principal, interest, interest or fees, or of amounts payable under Section 2.17 2.15 or 2.17, or otherwise) in U.S. Dollars prior to 2:00 1:00 p.m., Local Time, on the date when due, in immediately available funds, without condition or deduction for any defense, recoupment, set off setoff or counterclaim. All such payments in U.S. Dollars shall be made to the Administrative Agent at its designated office, except payments pursuant to Sections 2.15, 2.16, 2.17 and 9.03 shall be made directly to the Persons entitled thereto and payments pursuant to other Loan Documents shall be made to the Persons specified therein. Any amounts received after such the time required to be received hereunder on any date may, in the discretion of the Administrative Agent, be deemed to have been received on the next succeeding Business Day for purposes of calculating interest thereon. All such payments shall be made to the Administrative Agent to the applicable account designated to the Borrower by the Administrative Agent, except that payments pursuant to Sections 2.17 and 9.05 shall be made directly to the persons entitled thereto. The Administrative Agent shall distribute any such payments payment received by it for the account of any other person 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, then unless otherwise provided with respect to such payment, 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 the Loan Documents shall be made in Dollars. Any payment required to be made by the Administrative Agent hereunder any Loan Party under any Loan Document shall be deemed to have been made by in U.S. Dollars except that any amounts payable under Section 2.15, 2.16 or 9.03 (or any indemnification or expense reimbursement provision of any other Loan Document) that are invoiced in a currency other than U.S. Dollars shall be payable in the time required if the Administrative Agent shall, at or before such time, have taken the necessary steps to make such payment in accordance with the regulations or operating procedures of the clearing or settlement system used by the Administrative Agent to make such paymentcurrency so invoiced.

Appears in 2 contracts

Samples: Collateral Agreement (Aspen Technology Inc /De/), Credit Agreement (Orbotech LTD)

Payments Generally; Pro Rata Treatment; Sharing of Setoffs. (a) Unless otherwise specified, the The Borrower shall make each payment required to be made by it hereunder (whether of principal, interest, fees, or of amounts payable under Section 2.17 or otherwise) any other Loan Document prior to 2:00 p.m.the time expressly required hereunder or under such other Loan Document for such payment (or, Local Timeif 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 condition or deduction for any defense, recoupmentsetoff, set off 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. All such payments shall be made to the Administrative Agent to the applicable such account designated to the Borrower as may be specified by the Administrative Agent, except that payments required to be made directly to any Issuing Bank or the Swingline Lender shall be so made, payments pursuant to Sections 2.15, 2.16, 2.17 and 9.05 9.03 shall be made directly to the persons 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 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, then unless otherwise provided with respect to such payment, 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 the each Loan Documents Document shall be made in 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 accordance with the regulations or operating procedures of the clearing or settlement system used by the Administrative Agent to make such paymentdollars.

Appears in 2 contracts

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

Payments Generally; Pro Rata Treatment; Sharing of Setoffs. (a) Unless otherwise specified, the The Borrower shall make each payment required to be made by it hereunder or under any other Loan Document at or prior to the time expressly required hereunder or under such other Loan Document for such payment (whether of principalor, interestif no such time is expressly required, fees, or of amounts payable under Section 2.17 or otherwise) prior to 2:00 p.m., Local TimeNew York City time), on the date when due, in immediately available funds, without condition or deduction for any defense, recoupmentsetoff, set off 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. All such payments shall be made to the Administrative Agent to the applicable such account designated to the Borrower as may be specified by the Administrative Agent, except payments to be made directly to Issuing Banks as expressly provided herein and except that payments pursuant to Sections 2.17 2.12, 2.13, 2.14 and 9.05 9.03 shall be made directly to the persons 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 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, then unless otherwise provided with respect to such payment, 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 the each Loan Documents Document shall be made in U.S. 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 accordance with the regulations or operating procedures of the clearing or settlement system used by the Administrative Agent to make such payment.

Appears in 2 contracts

Samples: Credit Agreement (MSG Entertainment Spinco, Inc.), Credit Agreement (MSG Entertainment Spinco, Inc.)

Payments Generally; Pro Rata Treatment; Sharing of Setoffs. (a) Unless otherwise specified, the The Borrower shall make each payment required to be made by it hereunder or under any other Loan Document (whether of principal, interest, fees, or of amounts payable under Section 2.17 2.13, 2.14 or 2.15, or otherwise) prior to 2:00 p.m.12:00 noon, Local TimeNew York City time, on the date when due, in immediately available funds, without condition or deduction for any defense, recoupment, 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. All such payments shall be made to the Administrative Agent to the applicable account designated to the Borrower by the Administrative Agentat its offices at 000 Xxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx, except that payments pursuant to Sections 2.17 2.13, 2.14, 2.15 and 9.05 9.03 shall be made directly to the persons Persons entitled thereto, payments of Issuing Bank Fees shall be made directly to the Issuing Bank 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 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, then unless otherwise provided with respect to such payment, 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 the each Loan Documents Document shall be made in 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 accordance with the regulations or operating procedures of the clearing or settlement system used by the Administrative Agent to make such paymentdollars.

Appears in 2 contracts

Samples: Credit Agreement (Telecorp Communications Inc), Credit Agreement (Telecorp PCS Inc /Va/)

Payments Generally; Pro Rata Treatment; Sharing of Setoffs. (a) Unless otherwise specified, the Borrower Each Loan Party shall make each payment required to be made by it hereunder or under any other Loan Document (whether of principalprincipal of Loans, interestLC Disbursements, interest or fees, or of amounts payable under Section 2.17 Sections 3.5, 3.6, 3.7 or 10.3, or otherwise) prior to 2:00 p.m.12:00 noon, Local TimeNew York City time, on the date when due, in immediately available funds, without condition or deduction for any defense, recoupment, 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. 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 may notify the other parties hereto, except payments to be made to the applicable account designated to the Borrower by the Administrative Agent, Issuing Bank as expressly provided herein and except that payments pursuant to Sections 2.17 3.5, 3.6, 3.7 and 9.05 10.3 shall be made directly to the persons Persons entitled thereto. The Administrative Agent shall distribute any such payments received by it for the account of any other person 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, then unless otherwise provided with respect to such payment, 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 the Loan Documents hereunder shall be made in 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 accordance with the regulations or operating procedures of the clearing or settlement system used by the Administrative Agent to make such paymentdollars.

Appears in 2 contracts

Samples: Credit Agreement (Insight Communications Co Inc), Credit Agreement (Insight Communications Co Inc)

Payments Generally; Pro Rata Treatment; Sharing of Setoffs. (a) Unless otherwise specified, the Each Borrower shall make each payment required to be made by it hereunder or under any other Loan Document prior to the time expressly required hereunder or under such other Loan Document for such payment (whether of principalor, interestif no such time is expressly required, fees, or of amounts payable under Section 2.17 or otherwise) prior to 2:00 p.m., Local Time), on the date when due, in immediately available funds, without condition or deduction for any defense, recoupmentsetoff, set off 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. All such payments shall be made to the Administrative Agent to the applicable such account designated to the Borrower as may be specified by the Administrative Agent, except that payments required to be made directly to any Issuing Bank or the Swingline Lender shall be so made, payments pursuant to Sections 2.15, 2.16, 2.17 and 9.05 9.03 shall be made directly to the persons 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 Person to the appropriate recipient promptly following receipt thereof. If any payment All payments hereunder shall be due on a day that is not a Business Day, then unless otherwise provided with of principal or interest in respect to such payment, 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 the Loan Documents or LC Disbursement shall be made in Dollars. Any payment required to the currency of such Loan or LC Disbursement; all other payments hereunder and under each other Loan Document shall 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 accordance with the regulations or operating procedures of the clearing or settlement system used by the Administrative Agent to make such paymentdollars.

Appears in 2 contracts

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

Payments Generally; Pro Rata Treatment; Sharing of Setoffs. (a) Unless otherwise specified, the The Borrower shall make each payment required to be made by it hereunder (whether of principal, interest, interest or fees, or of amounts payable under Section 2.17 Sections 2.14, 2.15 or 2.16, or otherwise) prior to 2:00 p.m., Local Time, on the date when due, in immediately available funds, without condition or deduction for any defensesetoff, recoupment, set off 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. All such payments shall be made to such account as may be specified by the Administrative Agent to for the account of the applicable account designated to the Borrower by the Administrative AgentLenders, except that payments pursuant to Sections 2.17 2.14, 2.15, 2.16 and 9.05 9.3 shall be made directly to the persons Persons entitled thereto. The Administrative Agent shall distribute any such payments received by it for the account of any other person 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, then unless otherwise provided with respect to such payment, 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 extensionextension (but in no case shall any payment so extended be due after the applicable Maturity Date). All payments hereunder and under the each other Loan Documents Document shall be made in Dollars, except as otherwise expressly provided. 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 accordance with the regulations or operating procedures of the clearing or settlement system used by the Administrative Agent to make such payment.

Appears in 2 contracts

Samples: Term Loan Credit Agreement (Vmware, Inc.), Credit Agreement (Vmware, Inc.)

Payments Generally; Pro Rata Treatment; Sharing of Setoffs. (a) Unless otherwise specified, the Each Borrower shall make each payment required to be made by it hereunder (whether of principal, interest, feesfees or reimbursement of LC Disbursements, or of amounts payable under Section 2.17 2.14, 2.15 or 2.16, or otherwise) prior to 2:00 p.m., Local Time, on the date when due, in immediately available funds, without condition or deduction for any defense, recoupment, 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. All such payments shall be made to the Administrative Agent at its offices referred to the applicable account designated to the Borrower in Section 9.01 (or as otherwise directed by the Administrative Agent), except payments to be made directly to an Issuing Bank or Swingline Lender as expressly provided herein and except that payments pursuant to Sections 2.17 2.14, 2.15, 2.16 and 9.05 9.03 shall be made directly to the persons Persons entitled thereto. The Administrative Agent shall distribute any such payments received by it for the account of any other person 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, then unless otherwise provided with respect to such payment, the date for payment shall be extended to the next succeeding Business Day, and, and (x) in the case of any payment accruing interest, interest thereon shall be payable for the period of such extension and (y) in the case of any payment of fees, such fees shall be payable for the period of such extension. All payments under each Loan Document of principal or interest in respect of any Loan (or of any breakage indemnity in respect of any Loan) shall be made in the currency of such Loan, and, except as otherwise expressly set forth in any Loan Documents Document, all other payments under each Loan Document shall be made in 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 accordance with the regulations or operating procedures of the clearing or settlement system used by the Administrative Agent to make such payment.

Appears in 2 contracts

Samples: Restatement Agreement (Aptiv PLC), Credit Agreement (Delphi Automotive PLC)

Payments Generally; Pro Rata Treatment; Sharing of Setoffs. (a) Unless otherwise specified, the The Borrower shall make each payment required to be made by it hereunder (whether of principal, interest, interest or fees, or of amounts payable under Section 2.17 Sections 2.13, 2.14 or 2.15, or otherwise) prior to 2:00 p.m., Local Time, on the date when due, in immediately available funds, without condition or deduction for any defense, recoupment, 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. All such payments shall be made to such account as may be specified by the Administrative Agent to for the account of the applicable account designated to the Borrower by the Administrative AgentLenders, except that payments pursuant to Sections 2.17 2.13, 2.14, 2.15 and 9.05 9.03 shall be made directly to the persons Persons entitled thereto. The Administrative Agent shall distribute any such payments received by it for the account of any other person 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, then unless otherwise provided with respect to such payment, 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 extensionextension (but in no case shall any payment so extended be due after the Maturity Date). All payments hereunder of principal or interest in respect of any Loan (or of any breakage indemnity in respect of any Loan) shall be made in the currency of such Loan; all other payments hereunder and under the each other Loan Documents Document shall be made in Dollars, except as otherwise expressly provided. 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 accordance with the regulations or operating procedures of the clearing or settlement system used by the Administrative Agent to make such payment.

Appears in 2 contracts

Samples: Assignment and Assumption (Hp Inc), Year Credit Agreement (Hp Inc)

Payments Generally; Pro Rata Treatment; Sharing of Setoffs. (a) Unless otherwise specified, the The Borrower shall make each payment required to be made by it hereunder (whether of principal, interest, fees, or of amounts payable under Section 2.17 or otherwise) prior to 2:00 p.m.the time expressly required hereunder for such payment (or, Local Timeif 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 condition or deduction for any defense, recoupment, 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. All such payments shall be made to the Administrative Agent to the applicable such account designated to the Borrower as may be specified by the Administrative Agent, except ; provided that payments pursuant to Sections 2.17 2.12, 2.13, 2.14 and 9.05 9.03 shall be made directly to the persons Persons entitled thereto. The Administrative Agent shall distribute any such payments payment received by it for the account of any other person 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, then unless otherwise provided with respect to such payment, 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 the Loan Documents hereunder shall be made in Dollars. Any payment required by the Borrower credited to be made the account specified by the Administrative Agent hereunder shall be deemed to have been made by discharge the time required if obligation of the Administrative Agent shall, at or before such time, have taken the necessary steps Borrower to make such payment in accordance with at the regulations or operating procedures time such credit is so effected, irrespective of the clearing or settlement system used time of any distribution of such payment by the Administrative Agent to make such paymentany Lender.

Appears in 2 contracts

Samples: Term Loan Credit Agreement (RTX Corp), Bridge Credit Agreement (RTX Corp)

Payments Generally; Pro Rata Treatment; Sharing of Setoffs. (a) Unless otherwise specified, the The Borrower shall make each payment required to be made by it hereunder or under any other Loan Document (whether of principal, interest, premiums or fees, or of amounts payable under Section 2.17 2.10, 2.11 or 2.12, or otherwise) prior to 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 p.m., Local TimeNew York City time), on the date when due, in immediately available funds, without condition or deduction for any defense, recoupment, 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. All such payments shall be made to the Administrative Agent to at its offices set forth in the applicable account designated to the Borrower by the Administrative Agentnotice section below, except that payments pursuant to Sections 2.17 2.10, 2.11, 2.12 and 9.05 9.03 shall be made directly to the persons 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 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, then unless Day (except as otherwise provided with respect to such paymentin the definition of “Interest Period”), 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 the each Loan Documents Document shall be made in 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 accordance with the regulations or operating procedures of the clearing or settlement system used by the Administrative Agent to make such payment.

Appears in 2 contracts

Samples: Credit Agreement (Thryv Holdings, Inc.), Credit Agreement (Thryv Holdings, Inc.)

Payments Generally; Pro Rata Treatment; Sharing of Setoffs. (a) Unless otherwise specified, the The Borrower shall make each payment required to be made by it hereunder (whether of principal, interest, interest or fees, or of amounts payable under Section 2.17 2.14, 2.15 or 2.16, or otherwise) prior to 2:00 1:00 p.m., Local TimeNew York time, on the date when due, in immediately available funds, without condition or deduction for any defense, recoupment, set off setoff or counterclaim. Any amounts received after such time on any date mayshall, in the discretion of unless the Administrative AgentAgent is able to distribute such amounts to the applicable Lenders on such date, be deemed to have been received on the next succeeding Business Day for purposes of calculating interest thereon. All such payments shall be made to the Administrative Agent to in New York at the applicable account designated to the Borrower by offices for the Administrative AgentAgent set forth in Section 9.01, except that payments pursuant to Sections 2.17 2.14, 2.15, 2.16 and 9.05 9.03 shall be made directly to the persons Persons entitled thereto. The Administrative Agent shall distribute any such payments received by it for the account of any other person Person to the appropriate recipient in like funds promptly following receipt thereof. If any payment hereunder shall be due on a day that is not a Business Day, then unless otherwise provided with respect to such payment, 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 the Loan Documents hereunder, whether such payments are made in respect of principal, interest or fees or other amounts payable hereunder, shall be made in Dollars. Any payment required to be made by the Administrative Agent hereunder All payments and reductions in Commitments in respect of a Tranche shall be deemed applied pro-rata to have been made by the time required if the Administrative Agent shall, at or before Lenders under such time, have taken the necessary steps to make such payment Tranche in accordance with their Tranche I Term Percentages or Tranche II Term Percentages, as the regulations or operating procedures of the clearing or settlement system used by the Administrative Agent to make such paymentcase may be.

Appears in 1 contract

Samples: Credit Agreement (Time Warner Cable Inc.)

Payments Generally; Pro Rata Treatment; Sharing of Setoffs. (a) Unless otherwise specified, the Each Borrower shall make each payment required to be made by it hereunder (whether of principal, interest, feesfees or reimbursement of LC Disbursements, or of amounts payable under Section 2.17 2.15, 2.16 or 2.17, or otherwise) prior to 2:00 p.m.(i) in the case of payments denominated in Dollars, 12:00 noon, New York City time and (ii) in the case of payments denominated in a Foreign Currency, 12:00 noon, Local Time, in the city of the Administrative Agent’s Eurocurrency Payment Office for such currency, in each case on the date when due, in immediately available funds, without condition or deduction for any defense, recoupment, 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. All such payments shall be made (i) in the same currency in which the applicable Credit Event was made (or where such currency has been converted to euro, in euro) and in all other cases Dollars and (ii) to the Administrative Agent to at its offices at 00 Xxxxx Xxxxxxxx Xxxxxx, Xxxxxxx, Xxxxxxxx 00000 or, in the applicable account designated to the Borrower by case of a Credit Event denominated in a Foreign Currency, the Administrative Agent’s Eurocurrency Payment Office for such currency, except payments to be made directly to the Issuing Bank or Swingline Lender as expressly provided herein and except that payments pursuant to Sections 2.15, 2.16, 2.17 and 9.05 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, then unless otherwise provided with respect to such payment, 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 the Loan Documents shall be made in 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 accordance with the regulations or operating procedures of the clearing or settlement system used by the Administrative Agent to make such payment.Persons entitled

Appears in 1 contract

Samples: Credit Agreement (Hubbell Inc)

Payments Generally; Pro Rata Treatment; Sharing of Setoffs. (a) Unless otherwise specified, the The Borrower shall make each payment required to be made by it hereunder or under any other Loan Document (whether of principal, interest, feesfees or reimbursement of LC Disbursements, or of amounts payable under Section 2.17 2.13, 2.14 or 2.15, or otherwise) prior to 2:00 p.m.12:00 noon, Local TimeNew York City time, on the date when due, in immediately available funds, without condition or deduction for any defense, recoupment, 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. 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 applicable account designated to Issuing Bank or the Borrower by the Administrative Agent, Swingline Lender as expressly provided herein and except that payments pursuant to Sections 2.17 2.13, 2.14, 2.15 and 9.05 9.03 shall be made directly to the persons 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 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, then unless otherwise provided with respect to such payment, 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 the each Loan Documents Document shall be made in 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 accordance with the regulations or operating procedures of the clearing or settlement system used by the Administrative Agent to make such paymentdollars.

Appears in 1 contract

Samples: Credit Agreement (Psinet Inc)

Payments Generally; Pro Rata Treatment; Sharing of Setoffs. (a) Unless otherwise specified, the The Borrower shall make each payment required to be made by it hereunder or under any other Loan Document (whether of principal, interest, feesfees or reimbursement of LC Disbursements, or of amounts payable under Section 2.17 2.14, 2.15 or 2.16, or otherwise) prior to 2:00 p.m.12:00 noon, Local TimeNew York City time, on the date when due, in immediately available funds, without condition or deduction for any defense, recoupment, 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. All such payments shall be made to the Administrative Agent in care of the Loan and Agency Services Group, One Chase Manhxxxxx Xxxxx, 0xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000, xxcept payments to be made directly to the applicable account designated to the Borrower by the Administrative Agent, Issuing Bank or Swingline Lender as expressly provided herein and except that payments pursuant to Sections 2.17 2.14, 2.15, 2.16 and 9.05 8.03 shall be made directly to the persons 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 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, then unless otherwise provided with respect to such payment, 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 the each Loan Documents Document shall be made in 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 accordance with the regulations or operating procedures of the clearing or settlement system used by the Administrative Agent to make such paymentdollars.

Appears in 1 contract

Samples: Credit Agreement (Usa Networks Inc)

Payments Generally; Pro Rata Treatment; Sharing of Setoffs. (a) Unless otherwise specified, the The Borrower shall make each payment required to be made by it hereunder (whether of principal, interest, fees, or of amounts payable under Section 2.17 or otherwise) any other Loan Document 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, prior to 12:00 p.m., Local TimePacific time), on the date when due, in immediately available funds, without condition or deduction for any defense, recoupmentsetoff, set off 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. All such payments shall be made to the Administrative Agent to the applicable such account designated to the Borrower as may be specified by the Administrative Agent, except that payments required to be made directly to any Issuing Bank or the Swingline Lender shall be so made, payments pursuant to Sections 2.17 2.14, 2.15, 2.16 and 9.05 9.03 shall be made directly to the persons 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 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, then unless otherwise provided with respect to such payment, 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 the each Loan Documents Document shall be made in 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 accordance with the regulations or operating procedures of the clearing or settlement system used by the Administrative Agent to make such paymentdollars.

Appears in 1 contract

Samples: Revolving Credit Facility Agreement (Weyerhaeuser Co)

Payments Generally; Pro Rata Treatment; Sharing of Setoffs. (a) Unless otherwise specified, the The Borrower shall make each payment required to be made by it hereunder (whether of principal, interest, fees, or of amounts payable under Section 2.17 or otherwise) any other Loan Document prior to 2:00 p.m.the time expressly required hereunder or under such other Loan Document for such payment (or, Local Timeif 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 condition or deduction for any defense, recoupmentsetoff, set off 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. All such payments shall be made to the Administrative Agent to the applicable such account designated to the Borrower as may be specified by the Administrative Agent, except that payments required to be made directly to any Issuing Bank or the Swingline Lender shall be so made, payments pursuant to Sections 2.17 2.14, 2.15, 2.16 and 9.05 9.03 shall be made directly to the persons 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 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, then unless otherwise provided with respect to such payment, 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 the each Loan Documents Document shall be made in 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 accordance with the regulations or operating procedures of the clearing or settlement system used by the Administrative Agent to make such paymentdollars.

Appears in 1 contract

Samples: Credit Agreement (Fairchild Semiconductor International Inc)

Payments Generally; Pro Rata Treatment; Sharing of Setoffs. (a) Unless otherwise specified, the The Borrower shall make each payment required to be made by it hereunder (whether of principal, interest, feesfees or reimbursement of LC Disbursements, or of amounts payable under Section 2.17 2.14, 2.15 or 2.16, or otherwise) prior to 2:00 p.m., Local Time, New York City time on the date when due, in immediately available funds, without condition or deduction for any defense, recoupment, 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. All such payments shall be made (i) in Dollars and (ii) to the Administrative Agent at its offices referred to the applicable account designated to the Borrower in Section 9.01 (or as otherwise directed by the Administrative Agent), except payments to be made directly to an Issuing Bank or Swingline Lender as expressly provided herein and except that payments pursuant to Sections 2.17 2.14, 2.15, 2.16 and 9.05 9.03 shall be made directly to the persons Persons entitled thereto. The Administrative Agent shall distribute any such payments denominated in the same currency received by it for the account of any other person 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, then unless otherwise provided with respect to such payment, 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 the Loan Documents shall be made in 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 accordance with the regulations or operating procedures of the clearing or settlement system used by the Administrative Agent to make such payment.-#PageNum#-

Appears in 1 contract

Samples: Credit Agreement (Delphi Automotive PLC)

Payments Generally; Pro Rata Treatment; Sharing of Setoffs. (a) Unless otherwise specified, the Borrower Each Loan Party shall make each payment required to be made by it them hereunder (whether of principal, interest, feesfees or reimbursement of LC Disbursements, or of amounts payable under Section 2.17 2.15, 2.16 or 2.17, or otherwise) or under any other Loan Document prior to 2:00 p.m.12:00 noon, Local TimeNew York City time, on the date when due, in immediately available funds, without condition or deduction for any defense, recoupment, 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. All such payments shall be made to the Administrative Agent at its offices at 270 Park Avenue, New York, New York, except payments to be mxxx xxxxxxxx xx xxx Xxxxxxx Xxxx xx either Swingline Lender as expressly provided herein and except that, subject to the applicable account designated to the Borrower by the Administrative AgentIntercreditor Agreement, except that payments pursuant to Sections 2.15, 2.16, 2.17 and 9.05 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 [[NYCORP:2303151v20:4272D:09/26/03--12:23 p]] appropriate recipient promptly following receipt thereof. If any payment hereunder shall be due on a day that is not a Business Day, then unless otherwise provided with respect to such payment, 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 the Loan Documents hereunder shall be made in 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 accordance with the regulations or operating procedures of the clearing or settlement system used by the Administrative Agent to make such paymentdollars.

Appears in 1 contract

Samples: Credit Agreement (Dennys Corp)

Payments Generally; Pro Rata Treatment; Sharing of Setoffs. (a) Unless otherwise specified, the The Borrower shall make each payment required to be made by it hereunder (whether of principal, interest, feesfees or reimbursement of LC Disbursements, or of amounts payable under Section 2.17 2.14, 2.15 or 2.16, or otherwise) prior to 2:00 p.m.12:00 noon, Local TimeNew York City time, on the date when due, in immediately available funds, without condition setoff, counterclaim or deduction for any defense, recoupment, set off or counterclaimother deduction. Any amounts received after such time on any date may, in the discretion of the Administrative Agent, be deemed to have been received on the next succeeding Business Day for purposes of calculating interest thereon. All such payments shall be made to the Administrative Agent at its offices at 270 Park Avenue, New York, New York, except payments to the applicable account designated to the Borrower by the Administrative Agent, be made direcxxx xx xx Xxxxxxx Xxxx xx x Xxxxxxxne Lender as expressly provided herein and except that payments pursuant to Sections 2.17 2.14, 2.15, 2.16 and 9.05 9.03 shall be made directly to the persons Persons entitled thereto. The Administrative Agent shall distribute any such payments received by it for the account of any other person Person in appropriate ratable shares to the appropriate recipient promptly following receipt thereof. If any payment hereunder shall be due on a day that is not a Business Day, then unless otherwise provided with respect to such payment, 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 the Loan Documents hereunder shall be made in 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 accordance with the regulations or operating procedures of the clearing or settlement system used by the Administrative Agent to make such paymentdollars.

Appears in 1 contract

Samples: Credit Agreement (Service Corporation International)

Payments Generally; Pro Rata Treatment; Sharing of Setoffs. (a) Unless otherwise specified, the The Borrower shall make each payment required to be made by it hereunder or under any other Loan Document (whether of principal, interest, fees, fees or of amounts payable under Section 2.17 2.15, or otherwise) prior to 2:00 p.m.the time expressly required hereunder or under such other Loan Document (or, Local Timeif 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 condition or deduction for any defense, recoupment, 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. All such payments shall be made to the Administrative Agent to the applicable account designated to the Borrower specified by the Administrative Agent, except Agent for such purpose in a notice delivered to the Borrower; provided that payments pursuant to Sections 2.17 2.15 and 9.05 9.03 shall be made directly to the persons 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 Lender or other person to the appropriate recipient Person promptly following receipt thereof. If any payment hereunder shall be due on a day that is not a Business Day, then unless otherwise provided with respect to such payment, 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 the hereunder of principal or interest in respect of any Loan Documents shall be made in US 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 accordance with the regulations or operating procedures of the clearing or settlement system used by the Administrative Agent to make such payment.

Appears in 1 contract

Samples: Term Credit Agreement (Sirius Xm Radio Inc.)

Payments Generally; Pro Rata Treatment; Sharing of Setoffs. (a) Unless otherwise specified, the Each Borrower shall make each payment required to be made by it hereunder (whether of principal, interest, fees, fees or of amounts payable under Section 2.17 2.14, 2.15 or 2.16, or otherwise) prior to 2:00 p.m., Local Time, on the date when due, in immediately available funds, without condition or deduction for any defense, recoupment, 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. All such payments shall be made to the Administrative Agent at its offices referred to the applicable account designated to the Borrower in Section 9.01 (or as otherwise directed by the Administrative Agent), except that payments pursuant to Sections 2.17 2.14, 2.15, 2.16 and 9.05 9.03 shall be made directly to the persons Persons entitled thereto. The Administrative Agent shall distribute any such payments received by it for the account of any other person 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, then unless otherwise provided with respect to such payment, 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 the each Loan Documents Document of principal or interest in respect of any Loan (or of any breakage indemnity in respect of any Loan) shall be made in Dollars. Any payment required to the currency of such Loan, and, except as otherwise expressly set forth in any Loan Document, all other payments under each Loan Document shall 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 accordance with the regulations or operating procedures of the clearing or settlement system used by the Administrative Agent to make such paymentSterling.

Appears in 1 contract

Samples: Senior Bridge Credit Agreement (Delphi Automotive PLC)

Payments Generally; Pro Rata Treatment; Sharing of Setoffs. (a) Unless otherwise specified, the The Borrower shall make each payment required to be made by it hereunder or under any other Loan Document (whether of principal, interest, interest or fees, or of amounts payable under Section 2.17 2.12, 2.13 or 2.14, or otherwise) prior to 2:00 p.m., Local TimeNew York City time, on the date when due, in immediately available funds, without condition or deduction for any defense, recoupment, 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. All such payments shall be made to the Administrative Agent to the applicable account designated specified on Schedule 2.15 or to such other account as the Administrative Agent shall from time to time specify in a notice delivered to the Borrower by the Administrative AgentBorrower, except that payments pursuant to Sections 2.17 2.12, 2.13, 2.14 and 9.05 9.03 shall be made directly to the persons Persons entitled thereto. The Administrative Agent shall distribute any such payments received by it for the account of any other person 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, then unless otherwise provided with respect to such payment, the date for such payment (other than as described in the definition of Interest Period) 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 and under the each other Loan Documents Document shall be made in US 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 accordance with the regulations or operating procedures of the clearing or settlement system used by the Administrative Agent to make such payment.

Appears in 1 contract

Samples: 364 Day Credit Agreement (Kellogg Co)

Payments Generally; Pro Rata Treatment; Sharing of Setoffs. (a) Unless otherwise specified, the Borrower The Company shall make each payment required to be made by it hereunder (whether of principal, interest, fees, or of amounts payable under Section 2.17 or otherwise) any other Loan Document prior to 2:00 the time required hereunder or under such other Loan Document for such payment (or, if no such time is expressly required, prior to 1:00 p.m., Local TimeNew York City time), on the date when due, in immediately available funds, without condition or deduction for any defense, recoupmentsetoff, set off 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. All such payments shall be made to the Administrative Agent to the applicable such account designated to the Borrower as may be specified by the Administrative Agent, except payments to be made directly to any Issuing Bank or any Swingline Lender shall be so made and except that payments pursuant to Sections 2.17 Section 2.14, 2.15, 2.16 and 9.05 9.03 shall be made directly to the persons 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 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, then unless otherwise provided with respect to such payment, 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 the each Loan Documents Document shall be made in Dollarsdollars. 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 accordance with the regulations or operating procedures of the clearing or settlement system used by the Administrative Agent to make such payment.

Appears in 1 contract

Samples: Credit Agreement (Aqua America Inc)

Payments Generally; Pro Rata Treatment; Sharing of Setoffs. (a) Unless otherwise specified, the Each Borrower shall make each payment required to be made by it hereunder (whether of principal, interest, interest or fees, or of amounts payable under Section 2.17 2.14, 2.15 or 2.16, or otherwise) prior to 2:00 1:00 p.m., Local Time, on the date when due, in immediately available funds, without condition or deduction for any defense, recoupment, set off setoff or counterclaim. Any amounts received after such time on any date mayshall, in the discretion of unless the Administrative AgentAgent is able to distribute such amounts to the applicable Lenders on such date, be deemed to have been received on the next succeeding Business Day for purposes of calculating interest thereon. All such payments shall be made to the Administrative Agent to (i) in New York, for payments in Dollars and (ii) in London, for payments in Euros or Pounds, in each case, at the applicable account designated to the Borrower by offices for the Administrative AgentAgent set forth in Section 9.01, except that payments pursuant to Sections 2.17 2.14, 2.15, 2.16 and 9.05 9.03 shall be made directly to the persons Persons entitled thereto. The Administrative Agent shall distribute any such payments received by it for the account of any other person Person to the appropriate recipient in like funds promptly following receipt thereof. If any payment hereunder shall be due on a day that is not a Business Day, then unless otherwise provided with respect to such payment, 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 the Loan Documents hereunder, whether such payments are made in respect of principal, interest or fees, shall be made in Dollars. Any the Currency in which the applicable payment required obligation is due; provided, that payments in respect of Facility Fees pursuant to be made by the Administrative Agent hereunder Section 2.11 and any other payments (not in respect of principal, interest or fees) or reimbursements 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 payable in accordance with the regulations or operating procedures of the clearing or settlement system used by the Administrative Agent to make such paymentDollars.

Appears in 1 contract

Samples: Credit Agreement (Aol Time Warner Inc)

Payments Generally; Pro Rata Treatment; Sharing of Setoffs. (a) Unless otherwise specified, 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 or fees, or of amounts payable under Section 2.17 2.13, 2.14 or 2.15, or otherwise) prior to 2:00 p.m., Local TimeNew York City time, on the date when due, in immediately available funds, without condition or deduction for any defense, recoupment, set off setoff or counterclaim. Any amounts received after such time on any date may, in the discretion of the Administrative Payment Agent, be deemed to have been received on the next succeeding Business Day for purposes of calculating interest thereon. All such payments shall be made to the Administrative Payment Agent to the applicable account designated to the Borrower by the Administrative Agentat its offices at 000 Xxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx, except that payments pursuant to Sections 2.17 and 9.05 2.13, 2.14, 2.15 or 10.03 shall be made directly to the persons Persons entitled thereto. The Administrative Payment Agent shall distribute any such payments received by it for the account of any other person 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, then unless otherwise provided with respect to such payment, 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 the Loan Documents hereunder shall be made in Dollars. Any payment required to be made by the Administrative Payment Agent hereunder shall be deemed to have been made by the time required if the Administrative Payment Agent shall, at or before such time, have taken the necessary steps to make such payment in accordance with the regulations or operating procedures of the clearing or settlement system used by the Administrative Payment Agent to make such payment.

Appears in 1 contract

Samples: Credit Agreement (NNG Inc)

Payments Generally; Pro Rata Treatment; Sharing of Setoffs. (a) Unless otherwise specified, the Borrower Each Loan Party shall make each payment required to be made by it hereunder or under any other Loan Document (whether of principalprincipal of Loans, interestLC Disbursements, interest or fees, or of amounts payable under Section 2.17 3.5, 3.6, 3.7 or 10.3, or otherwise) prior to 2:00 p.m.12:00 noon, Local TimeNew York City time, on the date when due, in immediately available funds, without condition or deduction for any defense, recoupment, 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. 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 may notify the other parties hereto, except payments to be made to the applicable account designated to the Borrower by the Administrative Agent, Issuing Bank or Swingline Lender as expressly provided herein and except that payments pursuant to Sections 2.17 3.5, 3.6, 3.7 and 9.05 10.3 shall be made directly to the persons Persons entitled thereto. The Administrative Agent shall distribute any such payments received by it for the account of any other person 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, then unless otherwise provided with respect to such payment, 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 the Loan Documents hereunder shall be made in 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 accordance with the regulations or operating procedures of the clearing or settlement system used by the Administrative Agent to make such paymentdollars.

Appears in 1 contract

Samples: Credit Agreement (Bisys Group Inc)

Payments Generally; Pro Rata Treatment; Sharing of Setoffs. (a) Unless otherwise specified, the Borrower Each Loan Party shall make each payment required to be made by it hereunder or under any other Loan Document (whether of principalprincipal of Loans, interestLC Disbursements, interest or fees, or of amounts payable under Section 2.17 Sections 3.5, 3.6, 3.7 or 10.3, or otherwise) prior to 2:00 p.m.12:00 noon, Local TimeNew York City time, on the date when due, in immediately available funds, without condition or deduction for any defense, recoupment, 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. 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 may notify the other parties hereto, except payments to be made to the applicable account designated to the Borrower by the Administrative Agent, Issuing Bank or Swingline Lender as expressly provided herein and except that payments pursuant to Sections 2.17 3.5, 3.6, 3.7 and 9.05 10.3 shall be made directly to the persons Persons entitled thereto. The Administrative Agent shall distribute any such payments received by 38 40 it for the account of any other person 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, then unless otherwise provided with respect to such payment, 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 the Loan Documents hereunder shall be made in 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 accordance with the regulations or operating procedures of the clearing or settlement system used by the Administrative Agent to make such paymentdollars.

Appears in 1 contract

Samples: Credit Agreement (Penton Media Inc)

Payments Generally; Pro Rata Treatment; Sharing of Setoffs. (a) Unless otherwise specified, the The Borrower shall make each payment required to be made by it hereunder (whether of principal, interest, fees, or of amounts payable under Section 2.17 or otherwise) any other Loan Document prior to 2:00 p.m.the time expressly required hereunder or under such other Loan Document for such payment (or, Local Timeif no such time is expressly required, prior to 12:00 noon, Pittsburgh time), on the date when due, in immediately available funds, without condition or deduction for any defense, recoupmentsetoff, set off 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. All such payments shall be made to the Administrative Agent to the applicable such account designated to the Borrower as may be specified by the Administrative Agent, except that payments required to be made directly to any Issuing Bank or the Swingline Lender shall be so made, payments pursuant to Sections 2.15, 2.16, 2.17 and 9.05 9.03 shall be made directly to the persons 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 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, then unless otherwise provided with respect to such payment, 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 the each Loan Documents Document shall be made in DollarsDollars other than, to the extent specified herein (including in Section 2.25), with respect to Optional Currency Swingline Loans or Letters of Credit denominated in an Optional Currency. 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 accordance with the regulations or operating procedures of the clearing or settlement system used by the Administrative Agent to make such payment.​ ​ ​

Appears in 1 contract

Samples: Credit Agreement (Bentley Systems Inc)

Payments Generally; Pro Rata Treatment; Sharing of Setoffs. (a) Unless otherwise specified, the The Borrower shall make each payment required to be made by it hereunder under any Loan Document (whether of principal, interest, feesfees or reimbursement of LC Disbursements, or of amounts payable under Section 2.17 2.15, 2.16 or 2.17, or otherwise) prior to 2:00 p.m.the time expressly required hereunder or under such other Loan Document for such payment (or, Local Timeif 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 condition or deduction for any defense, recoupment, 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. 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 applicable account designated to the Borrower by the Administrative Agent, Issuing Bank or Swingline Lender as expressly provided herein and except that payments pursuant to Sections 2.15, 2.16, 2.17 and 9.05 9.03 shall be made directly to the persons 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 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, then unless otherwise provided with respect to such payment, 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 the each Loan Documents Document shall be made in 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 accordance with the regulations or operating procedures of the clearing or settlement system used by the Administrative Agent to make such paymentdollars.

Appears in 1 contract

Samples: Credit Agreement (Palm Inc)

Payments Generally; Pro Rata Treatment; Sharing of Setoffs. (a) Unless otherwise specified, the The Borrower shall make each payment required to be made by it hereunder or under any other Loan Document (whether of principal, interest, feesfees or reimbursement of LC Disbursements, or of amounts payable under Section 2.17 2.14, 2.15 or 2.16, or otherwise) prior to 2:00 p.m.12:00 noon, Local TimeNew York City time, on the date when due, in immediately available funds, without condition or deduction for any defense, recoupment, 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. All such payments shall be made to the Administrative Agent at its offices at 270 Xxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx, xxcept payments to be made directly to the applicable account designated to the Borrower by the Administrative Agent, Issuing Bank as expressly provided herein and except that payments pursuant to Sections 2.17 2.14, 2.15, 2.16 and 9.05 9.03 shall be made directly to the persons 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 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, then unless otherwise provided with respect to such payment, 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 the Loan Documents shall be made in 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 accordance with the regulations or operating procedures of the clearing or settlement system used by the Administrative Agent to make such payment.such

Appears in 1 contract

Samples: Credit Agreement (Argo Tech Corp)

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Payments Generally; Pro Rata Treatment; Sharing of Setoffs. (a) Unless otherwise specified, the Each Borrower shall make each payment required to be made by it hereunder or under any other Loan Document (whether of principal, interest, feesfees or reimbursement of LC Disbursements, or of amounts payable under Section 2.17 2.14, 2.15 or 2.16, or otherwise) prior to 2:00 p.m.12:00 noon, Local TimeNew York City time, on the date when due, in immediately available funds, without condition or deduction for any defense, recoupment, 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. All such payments shall be made to the Administrative Agent at its offices at Eleven Madison Avenue, New York, New York, except payments to be made directly to the applicable account designated to the Borrower by the Administrative AgentIssuing Bank, Swingline Lender or Collateral Agent as expressly provided herein and except that payments pursuant to Sections 2.17 2.14, 2.15, 2.16 and 9.05 10.03 shall be made directly to the persons 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 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, then unless otherwise provided with respect to such payment, 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 the each Loan Documents Document shall be made in 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 accordance with the regulations or operating procedures of the clearing or settlement system used by the Administrative Agent to make such paymentdollars.

Appears in 1 contract

Samples: Credit Agreement (Pliant Corp)

Payments Generally; Pro Rata Treatment; Sharing of Setoffs. (a) Unless otherwise specified, 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 or fees, or of amounts payable under Section 2.17 2.13, 2.14 or 2.15, or otherwise) prior to 2:00 p.m., Local TimeNew York City time, on the date when due, in immediately available funds, without condition or deduction for any defense, recoupment, set off setoff or counterclaim. Any amounts received after such time on any date may, in the discretion of the Administrative Payment Agent, be deemed to have been received on the next succeeding Business Day for purposes of calculating interest thereon. All such payments shall be made to the Administrative Payment Agent to the applicable account designated to the Borrower by the Administrative Agentat its offices at 000 Xxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx, except that payments pursuant to Sections 2.17 and 9.05 2.13, 2.14 or 2.15 or 10.03 shall be made directly to the persons Persons entitled thereto. The Administrative Payment Agent shall distribute any such payments received by it for the account of any other person 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, then unless otherwise provided with respect to such payment, 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 the Loan Documents hereunder shall be made in Dollars. Any payment required to be made by the Administrative Payment Agent hereunder shall be deemed to have been made by the time required if the Administrative Payment Agent shall, at or before such time, have taken the necessary steps to make such payment in accordance with the regulations or operating procedures of the clearing or settlement system used by the Administrative Payment Agent to make such payment.

Appears in 1 contract

Samples: NNG Inc

Payments Generally; Pro Rata Treatment; Sharing of Setoffs. (a) Unless otherwise specified, the i. The Borrower shall make each payment required to be made by it hereunder or under any other Loan Document prior to the time expressly required hereunder or under such other Loan Document for such payment (whether of principalor, interestif no such time is expressly required, fees, or of amounts payable under Section 2.17 or otherwise) prior to 2:00 p.m., Local TimeNew York City time), on the date when due, in immediately available funds, without condition or deduction for any defense, recoupmentsetoff, set off 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. All such payments shall be made to the Administrative Agent to the applicable such account designated to the Borrower as may be specified by the Administrative Agent, except that payments required to be made directly to any Issuing Bank or the Swingline Lender shall be so made, payments pursuant to Sections 2.15, 2.16, 2.17 and 9.05 9.03 shall be made directly to the persons 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 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, then unless otherwise provided with respect to such payment, 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 the each Loan Documents Document shall be made in 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 accordance with the regulations or operating procedures of the clearing or settlement system used by the Administrative Agent to make such paymentdollars.

Appears in 1 contract

Samples: Credit Agreement (Momentive Global Inc.)

Payments Generally; Pro Rata Treatment; Sharing of Setoffs. (a) Unless otherwise specified, the Each Borrower shall make each payment required to be made by it hereunder or under any other Loan Document prior to the time expressly required hereunder or under such other Loan Document for such payment (whether of principalor, interestif no such time is expressly required, fees, or of amounts payable under Section 2.17 or otherwise) prior to 2:00 p.m., Local TimeNew York City time), on the date when due, in immediately available funds, without condition or deduction for any defense, recoupmentsetoff, set off 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. All such payments shall be made to the Administrative Agent to the applicable such account designated to the Borrower as may be specified by the Administrative Agent, except that payments required to be made directly to any Issuing Bank shall be so made, payments pursuant to Sections 2.17 2.14, 2.15, 2.16 and 9.05 9.03 shall be made directly to the persons 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 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, then unless otherwise provided with respect to such payment, 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 the each Loan Documents Document shall be made in 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 accordance with the regulations or operating procedures of the clearing or settlement system used by the Administrative Agent to make such paymentU.S. dollars.

Appears in 1 contract

Samples: Global Intercompany Consent Agreement (GoPro, Inc.)

Payments Generally; Pro Rata Treatment; Sharing of Setoffs. (a) Unless otherwise specified, the The Borrower shall make each payment required to be made by it hereunder (whether of principal, interest, fees, or of amounts payable under Section 2.17 or otherwise) any other Loan Document prior to 2:00 p.m.the time expressly required hereunder or under such other Loan Document for such payment (or, if no such time is expressly required, prior to 12:00 noon, Local Time), on the date when due, in immediately available funds, without condition or deduction for any defense, recoupment, 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. All such payments shall be made to the Administrative Agent to the applicable such account designated to the Borrower as may be specified by the Administrative Agent, except that payments required to be made directly to an Issuing Bank or the Swingline Lender shall be so made, payments pursuant to Sections 2.17 2.14, 2.15, 2.16 and 9.05 9.03 shall be made directly to the persons 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 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, then unless otherwise provided with respect to such payment, 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 hereunder of principal or interest in respect of any Loan or any LC Disbursement shall, except as otherwise provided herein, be made in the currency of such Loan Documents or LC Disbursement; all other payments hereunder shall be made in US 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 accordance with the regulations or operating procedures of the clearing or settlement system used by the Administrative Agent to make such payment.

Appears in 1 contract

Samples: Credit Agreement (Cephalon Inc)

Payments Generally; Pro Rata Treatment; Sharing of Setoffs. (a) Unless otherwise specified, the Each Borrower shall make each payment required to be made by it hereunder (whether of principal, interest, feesfees or reimbursement of LC Disbursements, or of amounts payable under Section 2.17 2.14, 2.15 or 2.16, or otherwise) prior to 2:00 p.m., Local Time, on the date when due, in immediately available funds, without condition or deduction for any defense, recoupment, 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. All such payments shall be made to the Administrative Agent at its offices referred to the applicable account designated to the Borrower in Section 9.01 (or as otherwise directed by the Administrative Agent), except payments to be made directly to an Issuing Bank or Swingline Lender as expressly provided herein and except that payments pursuant to Sections 2.17 2.14, 2.15, 2.16 and 9.05 9.03 shall be made directly to the persons Persons entitled thereto. The Administrative Agent shall distribute any such payments received by it for the account of any other person 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, then unless otherwise provided with respect to such payment, the date for payment shall be extended to the next succeeding Business Day, andand (x), in the case of any payment accruing interest, interest thereon shall be payable for the period of such extension and (y) in the case of any payment of fees, such fees shall be payable for the period of such extension. All payments under each Loan Document of principal or interest in respect of any Loan (or of any breakage indemnity in respect of any Loan) shall be made in the currency of such Loan, and, except as otherwise expressly set forth in any Loan Documents Document, all other payments under each Loan Document shall be made in Dollars. Any If at any time insufficient funds are received by and available to the Administrative Agent to pay fully all amounts of principal, unreimbursed LC Disbursements, required cash collateral, interest and fees then due hereunder, such funds shall be applied (i) first, towards payment of interest and fees then due hereunder, ratably among the parties entitled thereto in accordance with the amounts of interest and fees then due to such parties, and (ii) second, towards payment of principal and unreimbursed LC Disbursements and cash collateral then due hereunder, ratably among the parties entitled thereto in accordance with the amounts of principal and unreimbursed LC Disbursements and cash collateral then due to such parties. If any Lender shall, by exercising any right of setoff or counterclaim or otherwise, obtain payment in respect of any principal of or interest on any of its Loans or participations in LC Disbursements or Swingline Loans resulting in such Lender receiving payment of a greater proportion of the aggregate amount of its Loans and participations in LC Disbursements and Swingline Loans and accrued interest thereon than the proportion received by any other Lender, then the Lender receiving such greater proportion shall purchase (for cash at face value) participations in the Loans and participations in LC Disbursements and Swingline Loans of other Lenders to the extent necessary so that the benefit of all such payments shall be shared by the Lenders ratably in accordance with the aggregate amount of principal of and accrued interest on their respective Loans and participations in LC Disbursements and Swingline Loans; provided that (i) if any such participations are purchased and all or any portion of the payment giving rise thereto is recovered, such participations shall be rescinded and the purchase price restored to the extent of such recovery, without interest, and (ii) the provisions of this paragraph shall not be construed to apply to any payment made by a Borrower pursuant to and in accordance with the express terms of this Agreement or any payment obtained by a Lender as consideration for the assignment of or sale of a participation in any of its Loans or participations in LC Disbursements and Swingline Loans to any assignee or participant in accordance with the terms of this Agreement. Each Borrower consents to the foregoing and agrees, to the extent it may effectively do so under applicable law, that any Lender acquiring a participation pursuant to the foregoing arrangements may exercise against such Borrower rights of setoff and counterclaim with respect to such participation as fully as if such Lender were a direct creditor of such Borrower in the amount of such participation. Unless the Administrative Agent shall have received notice from a Borrower prior to the date on which any payment is due to the Administrative Agent for the account of the Lenders or the relevant Issuing Bank hereunder that such Borrower will not make such payment, the Administrative Agent may assume that such Borrower has made such payment on such date in accordance herewith and may, in reliance upon such assumption, distribute to the Lenders or such Issuing Bank, as the case may be, the amount due. In such event, if the applicable Borrower has not in fact made such payment, then each of the Lenders or the relevant Issuing Bank, as the case may be, severally agrees to repay to the Administrative Agent forthwith on demand the amount so distributed to such Lender or Issuing Bank with interest thereon, for each day from and including the date such amount is distributed to it to but excluding the date of payment to the Administrative Agent, at the greater of the Federal Funds Effective Rate and a rate determined by the Administrative Agent in accordance with banking industry rules on interbank compensation. If any Lender shall fail to make any payment required to be made by it pursuant to Section 2.04(c), 2.05(d) or (e), 2.06(b), 2.17(d) or 9.03(c), then the Administrative Agent hereunder shall be deemed to have been made by the time required if the Administrative Agent shallmay, at or before such timein its discretion (notwithstanding any contrary provision hereof), have taken the necessary steps to make such payment in accordance with the regulations or operating procedures of the clearing or settlement system used apply any amounts thereafter received by the Administrative Agent for the account of such Lender to make satisfy such paymentLender’s obligations under such Sections until all such unsatisfied obligations are fully paid.

Appears in 1 contract

Samples: Credit Agreement (Delphi Technologies PLC)

Payments Generally; Pro Rata Treatment; Sharing of Setoffs. (a) Unless otherwise specified, the Each Borrower shall make each payment required to be made by it hereunder or under any other Loan Document (whether of principal, interest, feesfees or reimbursement of LC Disbursements, or of amounts payable under Section 2.17 2.14, 2.16 or 2.17, or otherwise) prior to 2:00 p.m.p.m. (or such other time as may be expressly provided in this Agreement), Local TimeTime at the place of payment, on the date when due, in immediately available funds, without condition or deduction for any defense, recoupment, set off setoff or counterclaim. Any amounts received after such time on any date maymay be deemed, in the discretion of the Administrative Applicable Agent, be deemed to have been received on the next succeeding Business Day for purposes of calculating interest thereon. All Unless and until otherwise specified, all such payments shall be made to the Administrative Applicable Agent for the account of the applicable Lenders to such account as the Applicable Agent shall from time to time specify in one or more notices delivered to the applicable account designated to the Borrower by the Administrative AgentCompany, except that (i) payments to be made directly to an Issuing Bank or the Swingline Lender shall be so directly made, (ii) payments pursuant to Sections 2.14, 2.16, 2.17 and 9.05 10.03 shall be made directly to the persons Persons entitled theretothereto and (iii) payments pursuant to other Loan Documents shall be made to the Persons specified therein. Each such payment shall be made in US Dollars, except that the principal of and interest on any Loan or LC Disbursement denominated in an Alternative Currency shall be made in such currency. The Administrative Agent shall distribute any such payments received by it for the account of any other person 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, then unless otherwise provided with respect to such payment, 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 the Loan Documents shall be made in 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 accordance with the regulations or operating procedures of the clearing or settlement system used by the Administrative Agent to make such payment.

Appears in 1 contract

Samples: Credit Facility Agreement (Albany International Corp /De/)

Payments Generally; Pro Rata Treatment; Sharing of Setoffs. (a) Unless otherwise specified, the The Borrower shall make each payment required to be made by it hereunder (whether of principal, interest, fees, fees or reimbursement of amounts payable under Section 2.17 2.12, 2.13 or 2.14, or otherwise) prior to 2:00 p.m.12:00 noon, Local Time, New York City time on the date when due, in immediately available funds, without condition or deduction for any defense, recoupment, 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. All such payments of dollars shall be made to the Administrative Agent at its offices at 000 Xxxxx XxXxxxx Xxxxxx, Xxxxx 0000, Xxxxxxx, Xxxxxxxx 00000, and all payments of Foreign Currencies shall be made to the applicable account designated to the Borrower by the Administrative AgentAgent at its offices at 00 Xxxx 00xx Xxxxxx, 0xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000, except that payments pursuant to Sections 2.17 2.12, 2.13, 2.14 and 9.05 9.03 shall be made directly to the persons Persons entitled thereto. The Administrative Agent shall distribute any such payments received by it for the account of any other person 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, then unless otherwise provided with respect to such payment, 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 the Loan Documents hereunder shall be made in Dollars. Any payment required to be made by the Administrative Agent hereunder shall be deemed to have been made by Currency specified herein and, in the time required absence of any specification, in dollars (based, if necessary, on the Administrative Agent shall, at or before such time, have taken U.S. Dollar Equivalent in effect on the necessary steps to make such payment in accordance with the regulations or operating procedures date of the clearing or settlement system used by the Administrative Agent to make such payment).

Appears in 1 contract

Samples: Credit Agreement (Genencor International Inc)

Payments Generally; Pro Rata Treatment; Sharing of Setoffs. (a) Unless otherwise specified, the The Borrower shall make each payment required to be made by it hereunder or under any other Loan Document prior to the time expressly required hereunder or under such other Loan Document for such payment (whether of principalor, interestif no such time is expressly required, fees, or of amounts payable under Section 2.17 or otherwise) prior to 2:00 p.m., Local TimeNew York City time), on the date when due, in immediately available funds, without condition or deduction for any defense, recoupmentsetoff, set off 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. All such payments shall be made to the Administrative Agent to the applicable such account designated to the Borrower as may be specified by the Administrative Agent, except that payments required to be made directly to any Issuing Bank shall be so made, payments pursuant to Sections 2.15, 2.16, 2.17 and 9.05 9.03 shall be made directly to the persons 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 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, then unless otherwise provided with respect to such payment, 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 the each Loan Documents Document shall be made in 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 accordance with the regulations or operating procedures of the clearing or settlement system used by the Administrative Agent to make such paymentdollars.

Appears in 1 contract

Samples: Agreement (Costar Group Inc)

Payments Generally; Pro Rata Treatment; Sharing of Setoffs. (a) Unless otherwise specified, the Each Borrower shall make each payment required to be made by it hereunder (whether of principal, interest, fees, reimbursement of LC Disbursements or of any amounts payable under Section 2.17 2.15, 2.16 or 2.17, or otherwise) prior to 2:00 the time expressly required hereunder (or, if no such time is expressly required, prior to 12:00 p.m., Local Time, New York City time) on the date when due, due in immediately available funds, without condition or deduction for any defense, recoupment, 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. All such payments shall be made to such account of the Administrative Agent to the applicable account designated to the Borrower as shall be specified by the Administrative Agent, except that payments required to be made directly to any Issuing Bank or any Swingline Lender shall be so made and payments pursuant to Sections 2.15, 2.16, 2.17 and 9.05 10.03 shall be made directly to the persons Persons entitled thereto. The Administrative Agent shall distribute any such payments received by it for the account of any other person 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, then unless otherwise provided with respect to such payment, 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 the Loan Documents hereunder shall be made in 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 accordance with the regulations or operating procedures of the clearing or settlement system used by the Administrative Agent to make such paymentdollars.

Appears in 1 contract

Samples: Five Year Credit Agreement (Hess Corp)

Payments Generally; Pro Rata Treatment; Sharing of Setoffs. (a) Unless otherwise specified, the Each Borrower shall make each payment required to be made by it hereunder (whether of principal, interest, fees, or of amounts payable under Section 2.17 or otherwise) any other Loan Document prior to 2:00 p.m.the time expressly required hereunder or under such other Loan Document for such payment (or, Local Timeif 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 condition or deduction for any defense, recoupmentsetoff, set off 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. All such payments shall be made to the Administrative Agent to the applicable such account designated to the Borrower as may be specified by the Administrative Agent, except that payments required to be made directly to any Issuing Bank or the Swingline Lender shall be so made, payments pursuant to Sections 2.17 Section 2.14, Section 2.15, Section 2.16 and 9.05 Section 9.03 shall be made directly to the persons 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 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, then unless otherwise provided with respect to such payment, 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 the each Loan Documents Document shall be made in 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 accordance with the regulations or operating procedures of the clearing or settlement system used by the Administrative Agent to make such paymentdollars.

Appears in 1 contract

Samples: Credit Agreement (Vishay Intertechnology Inc)

Payments Generally; Pro Rata Treatment; Sharing of Setoffs. (a) Unless otherwise specified, the Each Borrower shall make each payment or prepayment required to be made by it hereunder (whether of principal, interest, feesfees or reimbursement of LC Disbursements, or of amounts payable under Section 2.17 2.15, 2.16 or 2.17, or otherwise) in Dollars prior to 2:00 1:00 p.m., Local TimeNew York City time, on the date when duedue or the date fixed for any prepayment hereunder, in immediately available funds, without condition or deduction for any defensesetoff, recoupment, set off 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. All such payments shall be made to the Administrative Agent at its offices at 00 Xxxxx Xxxxxxxx Xxxxxx, Xxxxxxx, XX 00000 except payments to the applicable account designated be made directly to the Borrower by the Administrative Agent, Issuing Banks as expressly provided herein and except that payments pursuant to Sections 2.15, 2.16, 2.17 and 9.05 9.03 shall be made directly to the persons Persons entitled thereto. The Administrative Agent shall distribute any such payments received by it for the account of any other person 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, then unless otherwise provided with respect to such payment, 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 the Loan Documents hereunder shall be made in 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 accordance with the regulations or operating procedures of the clearing or settlement system used by the Administrative Agent to make such payment.

Appears in 1 contract

Samples: Credit Agreement (SJW Group)

Payments Generally; Pro Rata Treatment; Sharing of Setoffs. (a) Unless otherwise specified, the Each Borrower shall make each payment required to be made by it hereunder or under any other Loan Document prior to the time expressly required hereunder or under such other Loan Document for such payment (whether of principalor, interestif no such time is expressly required, fees, or of amounts payable under Section 2.17 or otherwise) prior to 2:00 p.m., Local Time), on the date when due, in immediately available funds, without condition or deduction for any defense, recoupmentsetoff, set off 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. All such payments shall be made to the Administrative Agent to the applicable such account designated to the Borrower as may be specified by the Administrative Agent, except that payments required to be made directly to any Issuing Bank shall be so made, payments pursuant to Sections 2.17 2.14, 2.15, 2.16 and 9.05 9.03 shall be made directly to the persons 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 Person to the appropriate recipient promptly following receipt thereof. If any payment All payments hereunder shall be due on a day that is not a Business Day, then unless otherwise provided with of principal or interest in respect to such payment, 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 the Loan Documents or LC Disbursement shall be made in Dollars. Any payment required to the currency of such Loan or LC Disbursement; all other payments hereunder and under each other Loan Document shall 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 accordance with the regulations or operating procedures of the clearing or settlement system used by the Administrative Agent to make such paymentdollars.

Appears in 1 contract

Samples: Credit Agreement (Knowles Corp)

Payments Generally; Pro Rata Treatment; Sharing of Setoffs. (a) Unless otherwise specified, the Borrower The Borrowers shall make each payment required to be made by it them hereunder (whether of principal, interest, feesfees or reimbursement of LC Disbursements, or of amounts payable under Section 2.17 2.15, Section 2.16 or Section 2.17, or otherwise) prior to 2:00 p.m.12:00 noon, Local TimeNew York City time or London time, as applicable, on the date when due, in immediately available funds, without condition or deduction for any defensesetoff, recoupment, set off 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. 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 Issuing Banks or the applicable account designated to the Borrower by the Administrative Agent, Swingline Lender as expressly provided herein and except that payments pursuant to Sections Section 2.15, Section 2.16 or Section 2.17 and 9.05 Section 9.03 shall be made directly to the persons Persons entitled thereto. The Administrative Agent shall distribute any such payments received by it for the account of any other person 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, then unless otherwise provided with respect to such payment, 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 the Loan Documents hereunder shall be made in 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 shallU.S. Dollars or Euros, at or before such time, have taken the necessary steps to make such payment in accordance with the regulations or operating procedures of the clearing or settlement system used by the Administrative Agent to make such paymentas provided herein.

Appears in 1 contract

Samples: Credit Agreement (Schweitzer Mauduit International Inc)

Payments Generally; Pro Rata Treatment; Sharing of Setoffs. (a) Unless otherwise specified, the The Borrower shall make each payment required to be made by it hereunder or under any other Loan Document (whether of principal, principal or interest, fees, or of amounts payable under Section 2.17 2.11, 2.12 or 2.13, or otherwise) prior to 2:00 1:00 p.m., Local TimeCalifornia time, on the date when due, in immediately available funds, without condition setoff, counterclaim, recoupment or deduction for of any defense, recoupment, set off or counterclaimkind. Any amounts received after such time on any date may, in the discretion of the Administrative Agent, be deemed to have been received on the next succeeding Business Day for purposes of calculating interest thereon. All such payments shall be made to the Administrative Agent to the applicable account designated to the Borrower by the Administrative Agentat its offices at 445 South Figueroa Street, except that Suite 1500, Los Angeles, Xxxxxxxxxx, xxxxxx xxxx payments pursuant to Sections 2.17 2.11, 2.12, 2.13 and 9.05 9.3 shall be made directly to the persons Persons entitled thereto, and payments pursuant to other Loan Documents shall be made to the Persons specified therein. The Administrative Agent shall distribute any such payments received by it for the account of any other person 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, then unless otherwise provided with respect to such payment, 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 the each Loan Documents Document shall be made in 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 accordance with the regulations or operating procedures of the clearing or settlement system used by the Administrative Agent to make such paymentdollars.

Appears in 1 contract

Samples: Term Loan Agreement (Unisource Energy Corp)

Payments Generally; Pro Rata Treatment; Sharing of Setoffs. (a) Unless otherwise specified, the Borrower The Company shall make each payment required to be made by it hereunder (whether of principal, interest, fees, or of amounts payable under Section 2.17 or otherwise) any other Loan Document prior to 2:00 the time required hereunder or under such other Loan Document for such payment (or, if no such time is expressly required, prior to 1:00 p.m., Local TimeNew York City time), on the date when due, in immediately available funds, without condition or deduction for any defense, recoupmentsetoff, set off 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. All such payments shall be made to the Administrative Agent to the applicable such account designated to the Borrower as may be specified by the Administrative Agent, except payments to be made directly to any Issuing Bank or any Swingline Lender shall be so made and except that payments pursuant to Sections 2.17 Section 2.14, 2.15, 2.16 and 9.05 9.03 shall be made directly to the persons 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 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, then unless otherwise provided with respect to such payment, 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 the each Loan Documents Document shall be made in Dollarsdollars. 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 accordance with the regulations 63 or operating procedures of the clearing or settlement system used by the Administrative Agent to make such payment.

Appears in 1 contract

Samples: Credit Agreement (Essential Utilities, Inc.)

Payments Generally; Pro Rata Treatment; Sharing of Setoffs. (a) Unless otherwise specified, the Each Borrower shall make each payment required to be made by it hereunder (whether of principal, interest, fees, reimbursement of LC Disbursements or of any amounts payable under Section 2.17 2.15, 2.16 or 2.17, or otherwise) prior to 2:00 the time expressly required hereunder (or, if no such time is expressly required, prior to 12:00 p.m., Local Time, New York City time) on the date when due, due in immediately available funds, without condition or deduction for any defense, recoupment, 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. All such payments shall be made to such account of the Administrative Agent to the applicable account designated to the Borrower as shall be specified by the Administrative Agent, 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 2.15, 2.16, 2.17 and 9.05 10.03 shall be made directly to the persons Persons entitled thereto. The Administrative Agent shall distribute any such payments received by it for the account of any other person 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, then unless otherwise provided with respect to such payment, 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 the Loan Documents hereunder shall be made in 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 accordance with the regulations or operating procedures of the clearing or settlement system used by the Administrative Agent to make such paymentdollars.

Appears in 1 contract

Samples: Five Year Credit Agreement (Hess Corp)

Payments Generally; Pro Rata Treatment; Sharing of Setoffs. (a) Unless otherwise specified, the The Borrower shall make each payment required to be made by it hereunder (whether of principal, interest, feesfees or reimbursement of LC Disbursements, or of amounts payable under Section 2.17 2.14, 2.15 or 2.16, or otherwise) prior to 2:00 p.m., Local Time, on the date when due, in immediately available funds, without condition or deduction for any defense, recoupment, 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. All such payments shall be made to the Administrative Agent at its offices referred to the applicable account designated to the Borrower in Section 9.01 (or as otherwise directed by the Administrative Agent), except payments to be made directly to an Issuing Bank or Swingline Lender as expressly provided herein and except that payments pursuant to Sections 2.17 2.14, 2.15, 2.16 and 9.05 9.03 shall be made directly to the persons Persons entitled thereto. The Administrative Agent shall distribute any such payments received by it for the account of any other person 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, then unless otherwise provided with respect to such payment, the date for payment shall be extended to the next succeeding Business Day, and, in the case of any payment accruing interest, interest thereon shall be payable for the period of such extension. All payments under each Loan Document of principal or interest in respect of any Loan (or of any breakage indemnity in respect of any Loan) shall be made in the currency of such Loan, and, except as otherwise expressly set forth in any Loan Documents Document, all other payments under each Loan Document shall be made in 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 accordance with the regulations or operating procedures of the clearing or settlement system used by the Administrative Agent to make such payment.

Appears in 1 contract

Samples: Pledge and Security Agreement (Delphi Automotive PLC)

Payments Generally; Pro Rata Treatment; Sharing of Setoffs. (a) Unless otherwise specified, the Each Borrower shall make each payment required to be made by it hereunder or under any other Loan Document (whether of principalprincipal of Loans, interest, interest or fees, or of amounts payable under Section 2.17 Sections 3.5, 3.6, 3.7 or 10.3, or otherwise) prior to 2:00 4:00 p.m., Local TimeNew York City time, on the date when due, in immediately available funds, without condition or deduction for any defense, recoupment, 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. All Subject to Section 2.6(a)(ii), all such payments shall be made to the Administrative Agent at its office at One Liberty Plaza, New York, New York, or such other office as to the applicable account designated to the Borrower by which the Administrative AgentAgent may notify the other parties hereto, except that payments pursuant to Sections 2.17 3.5, 3.6, 3.7 and 9.05 10.3 shall be made directly to the persons Persons entitled thereto. The Administrative Agent shall distribute any such payments received by it for the account of any other person 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, then unless otherwise provided with respect to such payment, 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 the Loan Documents hereunder shall be made in 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 accordance with the regulations or operating procedures of the clearing or settlement system used by the Administrative Agent to make such paymentdollars.

Appears in 1 contract

Samples: Credit Agreement (Highland Floating Rate LTD Liability Co)

Payments Generally; Pro Rata Treatment; Sharing of Setoffs. (a) Unless otherwise specified, the The Borrower shall make each payment required to be made by it hereunder (whether of principal, interest, feesfees or reimbursement of LC Disbursements, or of amounts payable under Section 2.17 2.14, 2.15 or 2.16, or otherwise) prior to 2:00 p.m.12:00 noon, Local TimeNew York City time, on the date when due, in immediately available funds, without condition or deduction for any defense, recoupment, 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. All such payments shall be made to the Administrative Agent at its offices at 000 Xxxxxxx Xxxxxxxxxx Xxxx, Ops 0, Xxxxx 00, Xxxxxx, XX 00000-0000, except payments to be made directly to an Issuing Bank or the applicable account designated to the Borrower by the Administrative Agent, Swingline Lender as expressly provided herein and except that payments pursuant to Sections 2.17 2.14, 2.15, 2.16 and 9.05 9.03 shall be made directly to the persons Persons entitled thereto. The Administrative Agent shall distribute any such payments received by it for the account of any other person 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, then unless otherwise provided with respect to such payment, 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 the Loan Documents hereunder shall be made in 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 accordance with the regulations or operating procedures of the clearing or settlement system used by the Administrative Agent to make such paymentdollars.

Appears in 1 contract

Samples: Credit Agreement (Lorillard, Inc.)

Payments Generally; Pro Rata Treatment; Sharing of Setoffs. (a) Unless otherwise specified, the Borrower The Borrowers shall jointly and severally make each payment required to be made by it hereunder (whether of principal, interest, interest or fees, or of amounts payable under Section 2.17 2.11 or 2.12 or otherwise) required to be made by them hereunder or under any other Loan Document on 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., Local TimeNew York City time), on the date when due, in immediately available funds, without condition or setoff, deduction for any defense, recoupment, set off or counterclaim. Any amounts received after such time on any date may, in the discretion of the Administrative Agent, be deemed to have been received on the next succeeding Business Day for purposes of calculating interest thereon. All such payments shall be made to the Administrative Agent to the applicable account designated to the Borrower by the Administrative Agentat its offices at 000 Xxxxxxxxx Xxx., Xxx X0000-000, Xxxxxxxxxxx, XX 00000 Attn: Xxxxx Xxxxxxxxx, except that payments pursuant to Sections 2.17 2.11, 2.12 and 9.05 9.03 shall be made directly to the persons 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 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, then unless otherwise provided with respect to such paymentspecified otherwise, 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 the each Loan Documents Document shall be made in 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 accordance with the regulations or operating procedures of the clearing or settlement system used by the Administrative Agent to make such payment.

Appears in 1 contract

Samples: Term Loan Credit Agreement (Global Aviation Holdings Inc.)

Payments Generally; Pro Rata Treatment; Sharing of Setoffs. (a) Unless otherwise specified, the (i) The Parent Borrower and each Domestic Subsidiary Borrower shall make each payment required to be made by it hereunder or under any other Loan Document (whether of principal, interest, feesfees or reimbursement of LC Disbursements, or of amounts payable under Section 2.17 2.14, 2.15 or 2.16, or otherwise) prior to 2:00 p.m., Local TimeNew York City time, on the date when due, in immediately available funds, without condition or deduction for any defense, recoupment, 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. All such payments shall be made to the Administrative Agent at its offices at 000 Xxxxxxx 0, Norwalk, Connecticut, except payments to be made directly to the applicable account designated to the Borrower by the Administrative AgentIssuing Bank, Swingline Lender or Collateral Agent as expressly provided herein and except that payments pursuant to Sections 2.17 2.14, 2.15, 2.16 and 9.05 10.03 shall be made directly to the persons 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 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, then unless otherwise provided with respect to such payment, 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 the each Loan Documents Document shall be made in 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 accordance with the regulations or operating procedures of the clearing or settlement system used by the Administrative Agent to make such paymentdollars.

Appears in 1 contract

Samples: Credit Agreement (Pliant Corp)

Payments Generally; Pro Rata Treatment; Sharing of Setoffs. (a) Unless otherwise specified, the Borrower Each Loan Party shall make each payment required to be made by it hereunder or under any other Loan Document (whether of principalprincipal of Loans, interestLC Disbursements, interest or fees, or of amounts payable under Section 2.17 Sections 3.5, 3.6, 3.7 or 10.3, or otherwise) prior to 2:00 1:00 p.m., Local TimeNew York City time, on the date when due, in immediately available funds, without condition or deduction for any defense, recoupment, 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. 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 may notify the other parties hereto, except payments to be made to the applicable account designated to the Borrower by the Administrative Agent, Issuing Bank as expressly provided herein and except that payments pursuant to Sections 2.17 3.5, 3.6, 3.7 and 9.05 10.3 shall be made directly to the persons Persons entitled thereto. The Administrative Agent shall distribute any such payments received by it for the account of any other person 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, then unless otherwise provided with respect to such payment, 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 the Loan Documents hereunder shall be made in 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 accordance with the regulations or operating procedures of the clearing or settlement system used by the Administrative Agent to make such paymentdollars.

Appears in 1 contract

Samples: Credit Agreement (Saga Communications Inc)

Payments Generally; Pro Rata Treatment; Sharing of Setoffs. (a) Unless otherwise specified, the Each Borrower shall make each payment required to be made by it hereunder (whether of principal, interest, fees, or of amounts payable under Section 2.17 or otherwise) any other Loan Document prior to 2:00 p.m.the time expressly required hereunder or under such other Loan Document for such payment (or, Local Timeif 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 condition or deduction for any defense, recoupmentsetoff, set off 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. All such payments shall be made to the Administrative Agent to the applicable such account designated to the Borrower as may be specified by the Administrative Agent, except that payments required to be made directly to any Issuing Bank or the Swingline Lender shall be so made, payments pursuant to Sections 2.17 2.14, 2.15, 2.16 and 9.05 9.03 shall be made directly to the persons 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 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, then unless otherwise provided with respect to such payment, 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 the each Loan Documents Document shall be made in 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 accordance with the regulations or operating procedures of the clearing or settlement system used by the Administrative Agent to make such paymentdollars.

Appears in 1 contract

Samples: Credit Agreement (Vishay Intertechnology Inc)

Payments Generally; Pro Rata Treatment; Sharing of Setoffs. (a) Unless otherwise specified, 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 or fees, or of amounts payable under Section 2.17 2.14, 2.15 or 2.16, or otherwise) prior to 2:00 p.m., Local TimeNew York City time, on the date when due, by wire transfer in immediately available funds, without condition or deduction for any defense, recoupment, 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. All such payments shall be made to the Administrative Agent to the applicable account designated to the Borrower at its offices at 000 Xxxxxxxx Xxxx Xxxx, Xxxxxxxxxx, XX 00000, except (i) payments by the Administrative AgentCanadian Subsidiary Borrower shall be made directly to each Canadian Lender at its Canadian Lending Office, except that (ii) payments pursuant to Sections 2.17 2.14, 2.15, 2.16 and 9.05 10.03 shall be made directly to the persons Persons entitled theretothereto and (iii) 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 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, then unless otherwise provided with respect to such payment, 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 the each Loan Documents Document shall be made in 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 accordance with the regulations or operating procedures of the clearing or settlement system used by the Administrative Agent to make such paymentdollars.

Appears in 1 contract

Samples: Fixed Asset Credit Agreement (Pliant Corpororation)

Payments Generally; Pro Rata Treatment; Sharing of Setoffs. (a) Unless otherwise specified, the The Borrower shall make each payment required to be made by it hereunder or under any other Loan Document (whether of principal, interest, interest or fees, or of amounts payable under Section 2.17 2.12, 2.13 or 2.14, or otherwise) prior to 2:00 p.m., Local TimeNew York City time, on the date when due, in immediately available funds, without condition or deduction for any defense, recoupment, 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. All such payments shall be made to the Administrative Agent to the applicable account designated specified on Schedule 2.15 for the account of the applicable Lenders or, in any such case, to such other account as the Administrative Agent shall from time to time specify in a notice delivered to the Borrower by the Administrative AgentBorrower, except that payments pursuant to Sections 2.17 2.12, 2.13, 2.14 and 9.05 9.03 shall be made directly to the persons Persons entitled thereto. The Administrative Agent shall distribute any such payments received by it for the account of any other person 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, then unless otherwise provided with respect to such payment, 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 and under the each other Loan Documents Document shall be made in US 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 accordance with the regulations or operating procedures of the clearing or settlement system used by the Administrative Agent to make such payment.

Appears in 1 contract

Samples: Credit Agreement (Kellogg Co)

Payments Generally; Pro Rata Treatment; Sharing of Setoffs. (a) Unless otherwise specified, the The Borrower shall make each payment required to be made by it hereunder (whether of principal, interest, fees, or of amounts payable under Section 2.17 or otherwise) any other Loan Document 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, prior to 12:00 p.m., Local TimePacific time), on the date when due, in immediately available funds, without condition or deduction for any defense, recoupmentsetoff, set off recoupment or counterclaim. Any amounts received after such time on any date may, in the discretion of the Administrative Paying Agent, be deemed to have been received on the next succeeding Business Day for purposes of calculating interest thereon. All such payments shall be made to the Administrative Agent to the applicable such account designated to the Borrower as may be specified by the Administrative Paying Agent, except that payments required to be made directly to any Issuing Bank or the Swingline Lender shall be so made, payments pursuant to Sections 2.17 2.14, 2.15, 2.16 and 9.05 9.03 shall be made directly to the persons Persons entitled theretothereto and payments pursuant to other Loan Documents shall be made to the Persons specified therein. The Administrative Paying Agent shall distribute any such payments payment received by it for the account of any other person 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, then unless otherwise provided with respect to such payment, 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 the each Loan Documents Document shall be made in 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 accordance with the regulations or operating procedures of the clearing or settlement system used by the Administrative Agent to make such paymentdollars.

Appears in 1 contract

Samples: Credit Facility Agreement (Weyerhaeuser Co)

Payments Generally; Pro Rata Treatment; Sharing of Setoffs. (a) Unless otherwise specified, the The Parent Borrower shall make each payment required to be made by it hereunder or under any other Loan Document (whether of principal, interest, fees, interest or fees or of amounts payable under Section 2.17 2.12, 2.13 or 2.14, or otherwise) on 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 p.m.12:00 noon, Local TimeNew York City time), on the date when due, in immediately available funds, without condition or deduction for any defense, recoupment, 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. All such payments shall be made to the Administrative Agent at its offices as specified by Administrative Agent by reasonably advanced notice to the applicable account designated Parent Borrower from time to the Borrower by the Administrative Agenttime, except that payments pursuant to Sections 2.17 2.12, 2.13, 2.14 and 9.05 9.03 shall be made directly to the persons 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 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, then unless otherwise provided with respect to such payment, 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 the each Loan Documents Document of principal or interest in respect of any Loan shall be made in 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 accordance with the regulations or operating procedures of the clearing or settlement system used by the Administrative Agent to make such paymentdollars.

Appears in 1 contract

Samples: Credit Agreement (Metaldyne Corp)

Payments Generally; Pro Rata Treatment; Sharing of Setoffs. (a) Unless otherwise specified, the The Borrower shall make each payment required to be made by it hereunder or under any other Loan Document (whether of principal, interest, fees, fees or of amounts payable under Section 2.17 2.12, 2.13 or 2.15, or otherwise) on 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 p.m., Local TimeNew York City time), on the date when due, in immediately available funds, without condition or setoff, deduction for any defense, recoupment, set off or counterclaim. Any amounts received after such time on any date may, in the discretion of the Administrative Agent, be deemed to have been received on the next succeeding Business Day for purposes of calculating interest thereon. All such payments shall be made to the Administrative Agent to the applicable account designated to the Borrower by the Administrative Agentat its offices at 0000 Xxxxxx xx xxx Xxxxxxxx, Xxx Xxxx, Xxx Xxxx, 00000; Attn: Credit Administration Department, except that payments pursuant to Sections 2.17 2.12, 2.13, 2.15 and 9.05 11.03 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, then unless otherwise provided with respect to such paymentspecified otherwise, 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 the each Loan Documents Document shall be made in 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 accordance with the regulations or operating procedures of the clearing or settlement system used by the Administrative Agent to make such payment.

Appears in 1 contract

Samples: Pledge Agreement (International Seaways, Inc.)

Payments Generally; Pro Rata Treatment; Sharing of Setoffs. (a) Unless otherwise specified, the The Borrower shall make each payment required to be made by it hereunder (whether of principal, interest, feesfees or reimbursement of LC Disbursements, or of amounts payable under Section 2.17 2.14, 2.15 or 2.16, or otherwise) prior to 2:00 p.m.12:00 noon, Local TimeHouston, Texas time, on the date when due, in immediately available funds, without condition setoff, counterclaim or deduction for any defense, recoupment, set off or counterclaimother deduction. Any amounts received after such time on any date may, in the discretion of the Administrative Agent, be deemed to have been received on the next succeeding Business Day for purposes of calculating interest thereon. All such payments shall be made to the Administrative Agent at its offices at 700 Xxxx Xxxxxx, Xxxxxxx, Xxxxx, 00000, except payments to the applicable account designated be made directly to the Borrower by the Administrative Agent, an Issuing Bank or a Swingline Lender as expressly provided herein and except that payments pursuant to Sections 2.17 2.14, 2.15, 2.16 and 9.05 9.03 shall be made directly to the persons Persons entitled thereto. The Administrative Agent shall distribute any such payments received by it for the account of any other person Person in appropriate ratable shares to the appropriate recipient promptly following receipt thereof. If any payment hereunder shall be due on a day that is not a Business Day, then unless otherwise provided with respect to such payment, 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 the Loan Documents hereunder shall be made in 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 accordance with the regulations or operating procedures of the clearing or settlement system used by the Administrative Agent to make such paymentdollars.

Appears in 1 contract

Samples: Revolving Credit Agreement (Service Corporation International)

Payments Generally; Pro Rata Treatment; Sharing of Setoffs. (a) Unless otherwise specified, the a)The Borrower shall make each payment required to be made by it hereunder or under any other Loan Document at or prior to the time expressly required hereunder or under such other Loan Document for such payment (whether of principalor, interestif no such time is expressly required, fees, or of amounts payable under Section 2.17 or otherwise) prior to 2:00 p.m., Local TimeNew York City time), on the date when due, in immediately available funds, without condition or deduction for any defense, recoupmentsetoff, set off 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. All such payments shall be made to the Administrative Agent to the applicable such account designated to the Borrower as may be specified by the Administrative Agent, except payments to be made directly to Issuing Banks as expressly provided herein and except that payments pursuant to Sections 2.17 2.12, 2.13, 2.14 and 9.05 9.03 shall be made directly to the persons 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 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, then unless otherwise provided with respect to such payment, 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 the each Loan Documents Document shall be made in U.S. 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 accordance with the regulations or operating procedures of the clearing or settlement system used by the Administrative Agent to make such payment.

Appears in 1 contract

Samples: Credit Agreement (Madison Square Garden Co)

Payments Generally; Pro Rata Treatment; Sharing of Setoffs. (a) Unless otherwise specified, the xv. The Borrower shall make each payment required to be made by it hereunder (whether of principal, interest, fees, or of amounts payable under Section 2.17 or otherwise) any other Loan Document prior to 2:00 p.m.the time expressly required hereunder or under such other Loan Document for such payment (or, Local Timeif 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 condition or deduction for any defense, recoupmentsetoff, set off 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. All such payments shall be made to the Administrative Agent to the applicable such account designated to the Borrower as may be specified by the Administrative Agent, except that payments required to be made directly to any Issuing Bank or the Swingline Lender shall be so made, payments pursuant to Sections 2.15, 2.16, 2.17 and 9.05 9.03 shall be made directly to the persons 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 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, then unless otherwise provided with respect to such payment, 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 the each Loan Documents Document shall be made in 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 accordance with the regulations or operating procedures of the clearing or settlement system used by the Administrative Agent to make such paymentdollars.

Appears in 1 contract

Samples: Credit Agreement (NCR Corp)

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