Payments, When Received Sample Clauses

Payments, When Received. Any payment to be made to the holders of Notes hereunder or under the Notes shall be deemed to have been made on the Business Day such payment actually becomes available to such holder at such holder's bank prior to 12:00 noon (local time of such bank).
Sample 1Sample 2Sample 3See All (33)
AutoNDA by SimpleDocs
Payments, When Received. Any payment actually received by you before 11:00 a.m., New York time, by federal funds wire transfer on any Business Day, shall be deemed to have been received by you on such day. Any payment actually received by you at or after 11:00 a.m., New York time, by federal funds wire transfer on any Business Day, shall be deemed to have been received on the next following Business Day. All payments received by you on a day other than a Business Day, or in a manner other than by federal funds wire transfer, shall be deemed to have been received by you on the Business Day such amounts actually become available to you prior to 11:00 a.m., New York time.
Sample 1Sample 2Sample 3See All (6)
Payments, When Received. Any payment to be made to the Holders hereunder or under any other Note Documents shall be deemed to have been made on the Business Day such payment actually becomes available at such Holder’s bank prior to the close of business of such bank, provided that interest for one day at the non-default interest rate of the Notes shall be due on the amount of any such payment that actually becomes available to such Holder at such Holder’s bank after 1:00 p.m. (local time of such bank).
Sample 1
Payments, When Received. 83 10.7 Entire Agreement.................................................... 83 10.8 Duplicate Originals, Execution in Counterpart....................... 83 ANNEXES AND EXHIBITS Annex 1 - Information as to Noteholders Annex 2 - Information as to Company and Subsidiaries Exhibit A1 - Form of 8.41% Series B Senior Secured Note Due August 1, 2006 Exhibit A2 - Form of 8.34% Series C Senior Secured Note Due August 1, 2003 Exhibit A3 - Form of 9.80% Series D Senior Secured Note Due August 1, 2003 Exhibit A4 - Form of 10.75% Series E Senior Secured Note Due August 1, 2005 Exhibit A5 - Form of 8.52% Series F Senior Secured Note Due August 1, 2006 Exhibit A6 - Form of 9.85% Series G Senior Secured Note Due November 1, 2006 Exhibit A7 - Form of 8.41% Series H Senior Secured Note Due August 1, 2004 Exhibit B - Form of Company Counsel's Closing Opinion Exhibit C - Form of Company Officers' Certificate Exhibit D1 - Form of Company Secretary's Certificate Exhibit D2 - Form of Guarantor Secretary's Certificates Exhibit E - Assumption Agreement SMITHFIELD FOODS, INC. --------------- AMENDED AND RESTATED NOTE PURCHASE AGREEMENT --------------- $9,852,942 8.41% SERIES B SENIOR SECURED NOTES DUE AUGUST 1, 2006 $40,000,000 8.34% SERIES C SENIOR SECURED NOTES DUE AUGUST 1, 2003 $9,000,000 9.80% SERIES D SENIOR SECURED NOTES DUE AUGUST 1, 2003 $9,250,000 10.75% SERIES E SENIOR SECURED NOTES DUE AUGUST 1, 2005 $100,000,000 8.52% SERIES F SENIOR SECURED NOTES DUE AUGUST 1, 2006 $14,000,000 9.85% SERIES G SENIOR SECURED NOTES DUE NOVEMBER 1, 2006 $14,779,412 8.41% SERIES H SENIOR SECURED NOTES DUE AUGUST 1, 2004 Dated as of October 31, 1999 [SEPARATELY ADDRESSED TO EACH OF THE NOTEHOLDERS LISTED ON ANNEX 1] Ladies and Gentlemen: SMITHFIELD FOODS, INC., a Virginia corporation (together with its successors and assigns, the "COMPANY"), hereby agrees with you as follows:
Sample 1
Payments, When Received. Any payment to be made to the holders of Notes hereunder or under the Notes shall be deemed to have been made on the
Sample 1

Related to Payments, When Received

  • Payments Not Received (a) Payments are due and payable on the date of issue indicated on the bill for collection. When a payment for timber cut and other charges is not received at the location designated by Forest Service by the date allowed in the bill for collection for receipt of payment, Contracting Officer will suspend all or any part of Purchaser’s Operations until payment or acceptable payment guarantee is received. Other charges include, but are not limited to:

  • Failure to Make Payments When Due Failure by the Borrower to pay (i) any installment of principal of any Loan when due, whether at stated maturity, by acceleration, by notice of voluntary prepayment, by mandatory prepayment or otherwise; or (ii) any interest on any Loan or any fee or any other amount due hereunder within five Business Days after the date due; or

  • Payments Received The Seller shall apply all payments received in respect of the Mortgage Loans during the Interim Servicing Period and after the Transfer Date in accordance with the Servicing Transfer Instructions.

  • Prepayments Payments Taxes 49 Section 5.1

  • No Setoff or Deductions; Taxes; Payments The Guarantor represents and warrants that it is organized and resident in the United States of America. The Guarantor shall make all payments hereunder without setoff or counterclaim and free and clear of and without deduction for any taxes, levies, imposts, duties, charges, fees, deductions, withholdings, compulsory loans, restrictions or conditions of any nature now or hereafter imposed or levied by any jurisdiction or any political subdivision thereof or taxing or other authority therein unless the Guarantor is compelled by law to make such deduction or withholding (and provided that nothing contained herein, including without limitation, the foregoing, shall limit or affect the Guarantor’s ability to bring any separate action or claim available to it at law or in equity). If any such obligation (other than one arising with respect to taxes based on or measured by the income or profits of the respective Secured Parties) is imposed upon the Guarantor with respect to any amount payable by it hereunder, the Guarantor will pay to the Agent (for the benefit of the Secured Parties), on the date on which such amount is due and payable hereunder, such additional amount in U.S. dollars as shall be necessary to enable the Agent (on behalf of the Secured Parties) to receive the same net amount which the Agent would have received on such due date had no such obligation been imposed upon the Guarantor. The Guarantor will deliver promptly to the Agent (for the benefit of the Secured Parties) certificates or other valid vouchers for all taxes or other charges deducted from or paid with respect to payments made by the Guarantor hereunder. The obligations of the Guarantor under this paragraph shall survive the payment in full of the Guaranteed Obligations and termination of this Guaranty.

  • Net Payments; Taxes (a) All payments made by any Credit Party hereunder will be made without setoff, counterclaim or other defense. All such payments will be made free and clear of, and without deduction or withholding for, any present or future taxes, levies, imposts, duties, fees, assessments or other charges of whatever nature now or hereafter imposed by any jurisdiction or by any political subdivision or taxing authority thereof or therein with respect to such payments (but excluding any tax imposed on or measured by the net income, net profits or any franchise tax based on net income or net profits, and any branch profits tax of a Lender pursuant to the laws of the jurisdiction in which it is organized or the jurisdiction in which the principal office or applicable lending office of such Lender is located or any subdivision thereof or therein or due to failure to provide documents under Section 4.04(b), all such taxes “Excluded Taxes”) and all interest, penalties or similar liabilities with respect to such non-excluded taxes, levies, imposts, duties, fees, assessments or other charges to the extent imposed on taxes other than Excluded Taxes (all such non-excluded taxes, levies, imposts, duties, fees, assessments or other charges being referred to collectively as “Taxes” and “Taxation” shall be applied accordingly). The Borrower will furnish to the Facility Agent within 45 days after the date of payment of any Taxes is due pursuant to applicable law certified copies of tax receipts evidencing such payment by the Borrower. The Borrower agrees to indemnify and hold harmless each Lender, and reimburse such Lender upon its written request, for the amount of any Taxes so levied or imposed and paid by such Lender.

  • Payments Withheld 9.6.1 The Architect may decline to certify payment and may withhold his or her Certificate in whole or in part, to the extent necessary reasonably to protect the State, if in the Architect’s opinion he or she is unable to make representations to the State as provided in Subparagraph

  • Payments Within Twelve (12) Months Except as described in the Registration Statement, the Pricing Disclosure Package and the Prospectus, the Company has not made any direct or indirect payments (in cash, securities or otherwise) to: (i) any person, as a finder’s fee, consulting fee or otherwise, in consideration of such person raising capital for the Company or introducing to the Company persons who raised or provided capital to the Company; (ii) any FINRA member; or (iii) any person or entity that has any direct or indirect affiliation or association with any FINRA member, within the twelve (12) months prior to the Effective Date, other than the payment to the Underwriters as provided hereunder in connection with the Offering.

  • Taxes and Fees Imposed on Purchasing Party But Collected And Remitted By Providing Party 11.3.1 Taxes and fees imposed on the purchasing Party shall be borne by the purchasing Party, even if the obligation to collect and/or remit such taxes or fees is placed on the providing Party.

  • CP Costs Payments On each Settlement Date, Seller shall pay to Agent (for the benefit of the Conduits) an aggregate amount equal to all accrued and unpaid CP Costs in respect of the outstanding Capital of each of the Conduits for the related Settlement Period in accordance with Article II.

Time is Money Join Law Insider Premium to draft better contracts faster.