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

Payments Generally; Pro Rata Treatment; Sharing of Setoffs. (a) Each Borrower shall make each payment required to be made by it hereunder (whether of principal, interest, fees, or of amounts payable under Section 6.10, 6.11 or 6.12, or otherwise) prior to 3:00 p.m., Local Time or, in the case of any Japanese Revolving Loan, by 12:00 noon Local Time at the place of payment, on the date when due, in immediately available funds, without setoff or counterclaim. Any amounts received after such time on any date may, in the discretion of the Applicable 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 Applicable Administrative Agent at its offices referred to in Section 13.01, or such other location as such Administrative Agent shall designate from time to time, except that payments pursuant to Sections 6.10, 6.11 or 6.12 and 13.05 shall be made directly to the Persons entitled thereto. The Applicable Administrative Agent shall distribute any such payments received by it for the account of any other Person to the appropriate recipient promptly following receipt thereof. If any payment hereunder shall be due on a day that is not a Business Day, the date for payment shall be extended to the next succeeding Business Day, and, in the case of any payment accruing interest, interest thereon shall be payable for the period of such extension. All payments hereunder shall be made in the Currency in which the applicable payment obligation is due.

Appears in 4 contracts

Samples: Credit Agreement (Zimmer Holdings Inc), Credit Agreement (Zimmer Holdings Inc), Revolving Credit and Term Loan Agreement (Zimmer Holdings Inc)

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Payments Generally; Pro Rata Treatment; Sharing of Setoffs. (a) 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 6.102.14, 6.11 2.15 or 6.122.16, or otherwise) prior to 3:00 1:00 p.m., Local Time or, in the case of any Japanese Revolving Loan, by 12:00 noon Local Time at the place of paymentTime, on the date when due, in immediately available funds, without setoff or counterclaim. Any amounts received after such time on any date mayshall, in unless the discretion of Administrative Agent is able to distribute such amounts to the Applicable Administrative Agentapplicable 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 Applicable Administrative Agent (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 its the offices referred to for the Administrative Agent set forth in Section 13.01, or such other location as such Administrative Agent shall designate from time to time9.01, except that payments pursuant to Sections 6.102.14, 6.11 or 6.12 2.15, 2.16 and 13.05 9.03 shall be made directly to the Persons entitled thereto. The Applicable Administrative Agent shall distribute any such payments received by it for the account of any other 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, the date for payment shall be extended to the next succeeding Business Day, and, in the case of any payment accruing interest, interest thereon shall be payable for the period of such extension. All payments hereunder hereunder, whether such payments are made in respect of principal, interest or fees, shall be made in the Currency in which the applicable payment obligation is due; provided, that payments in respect of Facility Fees pursuant to Section 2.11 and any other payments (not in respect of principal, interest or fees) or reimbursements shall be payable in Dollars.

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) Each Borrower shall make each payment required to be made by it hereunder (whether of principal, interest, fees, or of amounts payable under Section 6.10, 6.11 or 6.12, or otherwise) prior to 3:00 p.m., Local Time or, in the case of any Revolving Loan in Japanese Revolving LoanYen under the Japanese Commitment, by 12:00 noon Local Time at the place of payment, on the date when due, in immediately available funds, without setoff or counterclaim. Any amounts received after such time on any date may, in the discretion of the Applicable 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 Applicable Administrative Agent at its offices referred to in Section 13.01, or such other location as such Administrative Agent shall designate from time to time, except that payments pursuant to Sections 6.10, 6.11 or 6.12 and 13.05 shall be made directly to the Persons entitled thereto. The Applicable Administrative Agent shall distribute any such payments received by it for the account of any other Person to the appropriate recipient promptly following receipt thereof. If any payment hereunder shall be due on a day that is not a Business Day, the date for payment shall be extended to the next succeeding Business Day, and, in the case of any payment accruing interest, interest thereon shall be payable for the period of such extension. All payments hereunder shall be made in the Currency in which the applicable payment obligation is due.

Appears in 1 contract

Samples: Credit Agreement (Zimmer Holdings Inc)

Payments Generally; Pro Rata Treatment; Sharing of Setoffs. (a) Each Borrower shall make each payment required to be made by it hereunder (whether of principal, interest, fees, or of amounts payable under Section 6.105.10, 6.11 5.11 or 6.125.12, or otherwise) prior to 3:00 p.m., Local Time or, in the case of any Revolving Loan in Japanese Revolving LoanYen under the Japanese Commitment, by 12:00 noon Local Time at the place of payment, on the date when due, in immediately available funds, without setoff or counterclaim. Any amounts received after such time on any date may, in the discretion of the Applicable 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 Applicable Administrative Agent at its offices referred to in Section 13.0112.01, or such other location as such Administrative Agent shall designate from time to time, except that payments pursuant to Sections 6.105.10, 6.11 5.11 or 6.12 5.12 and 13.05 12.05 shall be made directly to the Persons entitled thereto. The Applicable Administrative Agent shall distribute any such payments received by it for the account of any other Person to the appropriate recipient promptly following receipt thereof. If any payment hereunder shall be due on a day that is not a Business Day, the date for payment shall be extended to the next succeeding Business Day, and, in the case of any payment accruing interest, interest thereon shall be payable for the period of such extension. All payments hereunder shall be made in the Currency in which the applicable payment obligation is due.

Appears in 1 contract

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

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Payments Generally; Pro Rata Treatment; Sharing of Setoffs. (a) Each Borrower shall make each payment required to be made by it hereunder (whether of principal, interest, fees, or of amounts payable under Section 6.10, 6.11 or 6.12, or otherwise) prior to 3:00 p.m., Local Time or, in the case of any Revolving Loan made to the Japanese Revolving LoanBorrower, by 12:00 noon Local Time at the place of payment, on the date when due, in immediately available funds, without setoff or counterclaim. Any amounts received after such time on any date may, in the discretion of the Applicable 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 Applicable Administrative Agent at its offices referred to in Section 13.01, or such other location as such Administrative Agent shall designate from time to time, except that payments pursuant to Sections 6.10, 6.11 or 6.12 and 13.05 shall be made directly to the Persons entitled thereto. The Applicable Administrative Agent shall distribute any such payments received by it for the account of any other Person to the appropriate recipient promptly following receipt thereof. If any payment hereunder shall be due on a day that is not a Business Day, the date for payment shall be extended to the next succeeding Business Day, and, in the case of any payment accruing interest, interest thereon shall be payable for the period of such extension. All payments hereunder shall be made in the Currency in which the applicable payment obligation is due.

Appears in 1 contract

Samples: Credit Agreement (Zimmer Holdings Inc)

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