Common use of Place and Application of Payments Clause in Contracts

Place and Application of Payments. All payments of principal, interest, fees, and all other Obligations payable under the Loan Documents shall be made to the Bank at its office at 000 Xxxxx XxXxxxx Xxxxxx, Xxxxxxx, Xxxxxxxx (or at such other place as the Bank may specify) no later than 1:00 p.m. (Chicago time) on the date any such payment is due and payable. Payments received by the Bank after 1:00 p.m. (Chicago time) shall be deemed received as of the opening of business on the next Business Day. All such payments shall be made in lawful money of the United States of America, in immediately available funds at the place of payment, without set-off or counterclaim and without reduction for, and free from, any and all present or future taxes, levies, imposts, duties, fees, charges, deductions, withholdings, restrictions, and conditions of any nature imposed by any government or any political subdivision or taxing authority thereof (but excluding any taxes imposed on or measured by the net income of the Bank). Unless the Borrower otherwise directs, principal payments shall be applied first to the Base Rate Portion until payment in full thereof, with any balance applied to the LIBOR Portions in the order in which their Interest Periods expire. The Borrower hereby irrevocably authorizes the Bank to (a) charge from time to time any of the Borrower’s deposit accounts with the Bank and/or (b) make Loans from time to time hereunder (and any such Loan may be made by the Bank hereunder without regard to the provisions of Section 7 hereof), in each case for payment of (i) any interest, principal, Letter of Credit reimbursement obligations, commitment fees and letter of credit fees, in each instance, on the date due, or (ii) after five (5) days prior notice to the Borrower, other fees, costs or expenses payable by the Borrower or any of its Subsidiaries hereunder or under the other Loan Documents, which notice, if requested by the Borrower, shall include a reasonably detailed statement of such amounts; provided that the Bank shall not be under any obligation to charge any such deposit account or make any such Loan under this Section, and the Bank shall incur no liability to the Borrower or any other Person for its failure to do so.

Appears in 2 contracts

Samples: Credit Agreement (Accretive Health, Inc.), Credit Agreement (Accretive Health, Inc.)

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Place and Application of Payments. All payments of principal, interest, fees, and all other Obligations payable under the Loan Documents shall be made to the Bank at its office at 000 Xxxxx XxXxxxx Xxxx Xxxxxx Xxxxxx, Xxxxxxx, Xxxxxxxx (or at such other place as the Bank may specify) no later than 1:00 p.m. (Chicago time) on the date any such payment is due and payable. Payments received by the Bank after 1:00 p.m. (Chicago time) shall be deemed received as of the opening of business on the next Business Day. All such payments shall be made in lawful money of the United States of America, in immediately available funds at the place of payment, without set-off or counterclaim and without reduction for, and free from, any and all present or future taxes, levies, imposts, duties, fees, charges, deductions, withholdings, restrictions, and conditions of any nature imposed by any government or any political subdivision or taxing authority thereof (but excluding any taxes imposed on or measured by the net income of the Bank). Unless the Borrower otherwise directs, principal payments shall be applied first to the Base Rate Portion until payment in full thereof, with any balance applied to the LIBOR Portions in the order in which their Interest Periods expire. The Borrower hereby irrevocably authorizes the Bank to (a) charge from time to time any of the Borrower’s deposit accounts with the Bank and/or (b) make Loans from time to time hereunder (and any such Loan may be made by the Bank hereunder without regard to the provisions of Section 7 hereof), in each case for payment of any Obligation then due and payable (i) any interestwhether such Obligation is for interest then due on a Loan, principal, Letter of Credit reimbursement obligations, commitment fees and letter of credit fees, in each instance, on the date dueunder an Application, or (ii) after five (5) days prior notice to the Borrower, other fees, costs or expenses payable by the Borrower or any of its Subsidiaries hereunder or under the other Loan Documents, which notice, if requested by the Borrower, shall include a reasonably detailed statement of such amountsotherwise); provided that the Bank shall not be under any obligation to charge any such deposit account or make any such Loan under this Section, and the Bank shall incur no liability to the Borrower or any other Person for its failure to do so.

Appears in 2 contracts

Samples: Credit Agreement (Diamond Management & Technology Consultants, Inc.), Credit Agreement (Diamond Management & Technology Consultants, Inc.)

Place and Application of Payments. All payments of principal, interest, fees, and all other Obligations payable under the Loan Documents shall be made to the Bank at its office at 000 Xxxxx XxXxxxx Xxxx Xxxxxx Xxxxxx, Xxxxxxx, Xxxxxxxx (or at such other place as the Bank may specify) no later than 1:00 p.m. (Chicago time) on the date any such payment is due and payable. Payments received by the Bank after 1:00 p.m. (Chicago time) shall be deemed received as of the opening of business on the next Business Day. All such payments shall be made in lawful money of the United States of America, in immediately available funds at the place of payment, without set-off or counterclaim and without reduction for, and free from, any and all present or future taxes, levies, imposts, duties, fees, charges, deductions, withholdings, restrictions, and conditions of any nature imposed by any government or any political subdivision or taxing authority thereof (but excluding any taxes imposed on or measured by the net income of the Bank). All payments shall be applied (i) first, towards payment of interest and fees then due hereunder and under the other Loan Documents, and (ii) second, towards payment of principal. Unless the Borrower Borrowers otherwise directsdirect, principal payments shall be applied first to the Base Rate Portion Term Loan until payment in full thereof, with any balance applied to the LIBOR Portions in the order in which their Interest Periods expireRevolving Loan. The Each Borrower hereby irrevocably authorizes the Bank to (a) charge from time to time any of the each Borrower’s deposit accounts with the Bank and/or (b) make Revolving Loans from time to time hereunder (and any such Revolving Loan may be made by the Bank hereunder without regard to the provisions of Section 7 4 hereof), in each case for payment of any Obligation then due and payable (i) any interestwhether such Obligation is for interest then due on a Loan, principal, Letter of Credit reimbursement obligations, commitment fees and letter of credit fees, in each instance, on the date due, a Reimbursement Obligation or (ii) after five (5) days prior notice to the Borrower, other fees, costs or expenses payable by the Borrower or any of its Subsidiaries hereunder or under the other Loan Documents, which notice, if requested by the Borrower, shall include a reasonably detailed statement of such amountsotherwise); provided that the Bank shall not be under any obligation to charge any such deposit account or make any such Revolving Loan under this Section, and the Bank shall incur no liability to the any Borrower or any other Person for its failure to do so.

Appears in 1 contract

Samples: Credit Agreement (Reliv International Inc)

Place and Application of Payments. All payments of principal, interest, fees, fees and all other Obligations payable hereunder and under the other Loan Documents shall be made to the Bank at its office at 000 Xxxxx XxXxxxx Xxxxxx111 West Monroe Street, XxxxxxxChicago, Xxxxxxxx Illinois (or at such other place as the Bank may specifyplacx xx xxx Xxxx xxx xxxxxxx) no later than 1:00 xx xxxxx xxxx 0:00 p.m. (Chicago time) on the date any such payment is due and payable. Payments received by the Bank after 1:00 2:00 p.m. (Chicago time) shall be deemed received as of the opening of business on the next Business Day. All such payments shall be made in lawful money of the United States of America, in immediately available funds at the place of payment, without set-off setoff or counterclaim and without reduction for, and free from, any and all present or future taxes, levies, imposts, duties, fees, charges, deductions, withholdings, restrictions, restrictions and conditions of any nature imposed by any government or any political subdivision or taxing authority thereof (but excluding any taxes imposed on or measured by the net income or gross receipts of the Bank). Unless the Borrower Company otherwise directs, except during the continuance of any Event of Default, principal payments shall be first applied first to the Base Rate Portion of the Note until payment in full thereof, with any balance applied to the LIBOR Fixed Rate Portions of the Note in the order in which their Interest Periods expire. The Borrower hereby irrevocably authorizes All payments on any Note (whether voluntary or required) shall be accompanied by any amount due the Bank to (a) charge from time to time any under Section 2.7 hereof, but no acceptance of the Borrower’s deposit accounts with the Bank and/or (b) make Loans from time to time hereunder (and any such Loan may be made a payment without requiring payment of amounts due under Section 2.7 shall preclude a later demand by the Bank hereunder without regard to the provisions for any amount due it under Section 2.7 in respect of Section 7 hereof), in each case for payment of (i) any interest, principal, Letter of Credit reimbursement obligations, commitment fees and letter of credit fees, in each instance, such payment. Any amount paid or prepaid on the date dueNote may, or (ii) after five (5) days prior notice subject to all of the Borrowerterms and conditions hereof, other feesbe borrowed, costs or expenses payable by the Borrower or any of its Subsidiaries hereunder or under the other Loan Documents, which notice, if requested by the Borrower, shall include a reasonably detailed statement of such amounts; provided that the Bank shall not be under any obligation to charge any such deposit account or make any such Loan under this Section, repaid and the Bank shall incur no liability to the Borrower or any other Person for its failure to do soborrowed again.

Appears in 1 contract

Samples: Guaranty Agreement (Oil Dri Corporation of America)

Place and Application of Payments. All payments of principal, interest, fees, fees and all other Obligations payable hereunder and under the other Loan Documents shall be made to the Bank at its office at 000 Xxxxx XxXxxxx 111 Xxxx Xxxxxx Xxxxxx, Xxxxxxx, Xxxxxxxx (or xx at such other place as the Bank may specify) no later than 1:00 2:00 p.m. (Chicago time) on the date any such payment is due and payable. Payments received by the Bank after 1:00 2:00 p.m. (Chicago time) shall be deemed received as of the opening of business on the next Business Day. All such payments shall be made in lawful money of the United States of America, in immediately available funds at the place of payment, without set-off setoff or counterclaim and without reduction for, and free from, any and all present or future taxes, levies, imposts, duties, fees, charges, deductions, withholdings, restrictions, restrictions and conditions of any nature imposed by any government or any political subdivision or taxing authority thereof (but excluding any taxes imposed on or measured by the net income or gross receipts of the Bank). Unless the Borrower Company otherwise directs, except during the continuance of any Event of Default, principal payments shall be first applied first to the Base Rate Portion of the Note until payment in full thereof, with any balance applied to the LIBOR Fixed Rate Portions of the Note in the order in which their Interest Periods expire. The Borrower hereby irrevocably authorizes All payments on any Note (whether voluntary or required) shall be accompanied by any amount due the Bank to (a) charge from time to time any under Section 2.7 hereof, but no acceptance of the Borrower’s deposit accounts with the Bank and/or (b) make Loans from time to time hereunder (and any such Loan may be made a payment without requiring payment of amounts due under Section 2.7 shall preclude a later demand by the Bank hereunder without regard to the provisions for any amount due it under Section 2.7 in respect of Section 7 hereof), in each case for payment of (i) any interest, principal, Letter of Credit reimbursement obligations, commitment fees and letter of credit fees, in each instance, such payment. Any amount paid or prepaid on the date dueNote may, or (ii) after five (5) days prior notice subject to all of the Borrowerterms and conditions hereof, other feesbe borrowed, costs or expenses payable by the Borrower or any of its Subsidiaries hereunder or under the other Loan Documents, which notice, if requested by the Borrower, shall include a reasonably detailed statement of such amounts; provided that the Bank shall not be under any obligation to charge any such deposit account or make any such Loan under this Section, repaid and the Bank shall incur no liability to the Borrower or any other Person for its failure to do soborrowed again.

Appears in 1 contract

Samples: Credit Agreement (Oil-Dri Corp of America)

Place and Application of Payments. All payments of principal, interest, fees, and all other Obligations payable under the Loan Documents shall be made to the Bank at its office at 000 Xxxxx XxXxxxx Xxxxx Xxxxxx, XxxxxxxXxxxxxxxx, Xxxxxxxx Xxxxxxxxx (or at such other place as the Bank may specify) no later than 1:00 p.m. (Chicago time) on the date any such payment is due and payable. Payments received by the Bank after 1:00 p.m. (Chicago time) shall be deemed received as of the opening of business on the next Business Day. All such payments shall be made in lawful money of the United States of America, in immediately available funds at the place of payment, without set-set off or counterclaim and without reduction for, and free from, any and all present or future taxes, levies, imposts, duties, fees, charges, deductions, withholdings, restrictions, and conditions of any nature imposed by any government or any political subdivision or taxing authority thereof (but excluding any taxes imposed on or measured by the net income of the Bank). All payments shall be applied (i) first, towards payment of interest and fees then due hereunder and under the other Loan Documents, (ii) second, to the payment of principal on the Loans, unpaid Reimbursement Obligations, together with amounts to be held by Bank as collateral security for any outstanding L/C Obligations and Hedging Liability (provided that funds from, and proceeds of Collateral owned by, any Person directly or indirectly liable for a Swap Obligation and that was not an “eligible contract participant” as defined in the Commodity Exchange Act at the time such Swap Obligation was incurred may not be used to satisfy such Swap Obligation), and (iii) third, to the payment of all other unpaid Obligations and all other indebtedness, obligations, and liabilities of each Borrower and its Subsidiaries secured by the Loan Documents (provided that funds from, and proceeds of Collateral owned by, any Person directly or indirectly liable for a Swap Obligation and that was not an “eligible contract participant” as defined in the Commodity Exchange Act at the time such Swap Obligation was incurred may not be used to satisfy such Swap Obligation) to be allocated pro rata in accordance with the aggregate unpaid amounts owing to each holder thereof. Unless the Borrower otherwise directs, principal payments shall be applied first to the Base Rate Portion relevant Adjusted Term SOFR portion until payment in full thereof, with any balance applied to the LIBOR Portions relevant Eurodollar portion in the order in which their Interest Periods expire. The Borrower hereby irrevocably authorizes the Bank to (a) charge from time to time any of the Borrower’s deposit accounts with the Bank and/or (b) make Revolving Loans from time to time hereunder (and any such Revolving Loan may be made by the Bank hereunder without regard to the provisions of Section 7 4 hereof), in each case for payment of any Obligation then due and payable (i) any interestwhether such Obligation is for interest then due on a Loan, principal, Letter of Credit reimbursement obligations, commitment fees and letter of credit fees, in each instance, on the date due, a Reimbursement Obligation or (ii) after five (5) days prior notice to the Borrower, other fees, costs or expenses payable by the Borrower or any of its Subsidiaries hereunder or under the other Loan Documents, which notice, if requested by the Borrower, shall include a reasonably detailed statement of such amountsotherwise); provided that the Bank shall not be under any obligation to charge any such deposit account or make any such Revolving Loan under this Section, and the Bank shall incur no liability to the Borrower or any other Person for its failure to do so.

Appears in 1 contract

Samples: Credit Agreement (Twin Disc Inc)

Place and Application of Payments. All payments of principal, interest, fees, and all other Obligations payable under the Loan Documents shall be made to the Bank Xxxxxx at its office at 000 Xxxxx XxXxxxx Xxxx Xxxxxx Xxxxxx, Xxxxxxx, Xxxxxxxx (or at such other place as the Bank Xxxxxx may specify) no later than 1:00 p.m. (Chicago time) on the date any such payment is due and payable. Payments received by the Bank Xxxxxx after 1:00 p.m. (Chicago time) shall be deemed received as of the opening of business on the next Business Day. All such payments shall be made in lawful money of the United States of America, in immediately available funds at the place of payment, without set-off or counterclaim and without reduction for, and free from, any and all present or future taxes, levies, imposts, duties, fees, charges, deductions, withholdings, restrictions, and conditions of any nature imposed by any government or any political subdivision or taxing authority thereof (but excluding any taxes imposed on or measured by the net income of the BankXxxxxx). Unless the Borrower otherwise directs, principal payments shall be applied first to the Base Rate Portion until payment in full thereof, with any balance applied to the LIBOR Portions in the order in which their Interest Periods expire. The Borrower hereby irrevocably authorizes No amount repaid on the Bank to (a) charge from time to time any of the Borrower’s deposit accounts with the Bank and/or (b) make Loans from time to time hereunder (and any such Loan Term Note may be made by the Bank hereunder without regard to the provisions of Section 7 hereof), in each case for payment of (i) any interest, principal, Letter of Credit reimbursement obligations, commitment fees and letter of credit fees, in each instance, on the date due, or (ii) after five (5) days prior notice to the Borrower, other fees, costs or expenses payable by the Borrower or any of its Subsidiaries hereunder or under the other Loan Documents, which notice, if requested by the Borrower, shall include a reasonably detailed statement of such amounts; provided that the Bank shall not be under any obligation to charge any such deposit account or make any such Loan under this Section, and the Bank shall incur no liability to the Borrower or any other Person for its failure to do soreborrowed.

Appears in 1 contract

Samples: Credit Agreement (Community First Bankshares Inc)

Place and Application of Payments. All payments of principal, interest, fees, and all other Obligations payable under the Loan Documents shall be made to the Bank at its office at 000 Xxxxx XxXxxxx 100 Xxxx Xxxxxx Xxxxxx, Xxxxxxx, Xxxxxxxx (or at such other place as the Bank may specify) no later than 1:00 p.m. (Chicago time) on the date any such payment is due and payablepayable (unless such date is not a Business Day, in which case such payment shall be made on the next succeeding Business Day pursuant to Section 9.2). Payments received by the Bank after 1:00 p.m. (Chicago time) shall be deemed received as of the opening of business on the next Business Day. All such payments shall be made in lawful money of the United States of America, in immediately available funds at the place of payment, without set-off setoff or counterclaim and without reduction for, and free from, any and all present or 726721136.8 18564250 future taxes, levies, imposts, duties, fees, charges, deductions, withholdings, restrictions, and conditions of any nature imposed by any government or any political subdivision or taxing authority thereof (but excluding any taxes imposed on or measured by the net income of the Bank). All payments shall be applied (i) first, towards payment of interest and fees then due hereunder and under the other Loan Documents, and (ii) second, towards payment of principal and all other unpaid Obligations and all other indebtedness, obligations, and liabilities of the Borrower and its Subsidiaries secured by the Loan Documents (including, without limitation, Hedging Liability and Funds Transfer and Deposit Account Liability) to be allocated pro rata in accordance with the aggregate unpaid amounts owing to each holder thereof. Unless the Borrower otherwise directs, principal payments shall be applied first to the relevant Base Rate Portion portion until payment in full thereof, with any balance applied to the LIBOR Portions relevant Eurodollar portions in the order in which their Interest Periods expire. The Borrower hereby irrevocably authorizes the Bank to (a) charge from time to time any of the Borrower’s deposit accounts with the Bank and/or (b) make Revolving Loans from time to time hereunder (and any such Revolving Loan may be made by the Bank hereunder without regard to the provisions of Section 7 4 hereof), in each case for payment of any Obligation then due and payable (i) any interestwhether such Obligation is for interest then due on a Loan, principal, Letter of Credit reimbursement obligations, commitment fees and letter of credit fees, in each instance, on the date due, a Reimbursement Obligation or (ii) after five (5) days prior notice to the Borrower, other fees, costs or expenses payable by the Borrower or any of its Subsidiaries hereunder or under the other Loan Documents, which notice, if requested by the Borrower, shall include a reasonably detailed statement of such amountsotherwise); provided that the Bank shall not be under any obligation to charge any such deposit account or make any such Revolving Loan under this Section, and the Bank shall incur no liability to the Borrower or any other Person for its failure to do so.

Appears in 1 contract

Samples: Credit Agreement (Cynergistek, Inc)

Place and Application of Payments. All payments of principal, interest, fees, fees and all other Obligations payable hereunder and under the other Loan Documents shall be made to the Bank at its office at 000 100 Xxxx Xxxxxx000 Xxxxx XxXxxxx Xxxxx Xxxxxx, Xxxxxxx, Xxxxxxxx (or at such other place as the Bank may specify) no later than 1:00 2:00 p.m. (Chicago time) on the date any such payment is due and payable. Payments received by the Bank after 1:00 2:00 p.m. (Chicago time) shall be deemed received as of the opening of business on the next Business Day. All such payments shall be made in lawful money of the United States of America, in immediately available funds at the place of payment, without set-off setoff or counterclaim and without reduction for, and free from, any and all present or future taxes, levies, imposts, duties, fees, charges, deductions, withholdings, restrictions, restrictions and conditions of any nature imposed by any government or any political subdivision or taxing authority thereof (but excluding any taxes imposed on or measured by the net income or gross receipts of the Bank). Unless the Borrower Company otherwise directs, except during the continuance of any Event of Default, principal payments shall be first applied first to the Base Rate Portion of the Note until payment in full thereof, with any balance applied to the LIBOR Fixed Rate Portions of the Note in the order in which their Interest Periods expire. The Borrower hereby irrevocably authorizes All payments on any Note (whether voluntary or required) shall be accompanied by any amount due the Bank to (a) charge from time to time any under Section 2.7 hereof, but no acceptance of the Borrower’s deposit accounts with the Bank and/or (b) make Loans from time to time hereunder (and any such Loan may be made a payment without requiring payment of amounts due under Section 2.7 shall preclude a later demand by the Bank hereunder without regard to the provisions for any amount due it under Section 2.7 in respect of Section 7 hereof), in each case for payment of (i) any interest, principal, Letter of Credit reimbursement obligations, commitment fees and letter of credit fees, in each instance, such payment. Any amount paid or prepaid on the date dueNote may, or (ii) after five (5) days prior notice subject to all of the Borrowerterms and conditions hereof, other feesbe borrowed, costs or expenses payable by the Borrower or any of its Subsidiaries hereunder or under the other Loan Documents, which notice, if requested by the Borrower, shall include a reasonably detailed statement of such amounts; provided that the Bank shall not be under any obligation to charge any such deposit account or make any such Loan under this Section, repaid and the Bank shall incur no liability to the Borrower or any other Person for its failure to do soborrowed again. Section 3.6.

Appears in 1 contract

Samples: Oil-Dri Corp of America

Place and Application of Payments. All payments of principal, interest, fees, and all other Obligations payable to the Bank under the Loan Documents shall be made to the Bank at its office located at 000 Xxxxx XxXxxxx 100 Xxxx Xxxxxx Xxxxxx, Xxxxxxx, Xxxxxxxx (or at such other place as the Bank may specify) no later than 1:00 p.m. (Chicago time) on the date any such payment is due and payable. Payments received by the Bank after 1:00 p.m. (Chicago time) shall be deemed received as of the opening of business on the next Business Day. All such payments shall be made in lawful money of the United States of America, in immediately available funds at the place of payment, without set-off or counterclaim and without reduction for, and free from, any and all present or future taxestaxes (except for income or franchise taxes as set forth in Section 11.1 hereof), levies, imposts, duties, fees, charges, deductions, withholdings, restrictions, and conditions of any nature imposed by any government or any political subdivision or taxing authority thereof (but excluding any taxes imposed on or measured by the net income or gross receipts of the Bank). Unless the either Borrower otherwise directs, principal payments shall be applied first to the Base Rate Portion until payment in full thereof, with any balance applied to the LIBOR Portions in the order in which their Interest Periods expire. The Each Borrower hereby irrevocably authorizes the Bank to (a) charge from time to time any of the Borrower’s deposit accounts with the Bank and/or (b) make Loans from time to time hereunder (and any such Loan may be made by the Bank hereunder without regard to the provisions of Section 7 hereof), in each case for payment of any Obligation then due and payable (i) any interestwhether such Obligation is for interest then due on a Loan, principal, Letter of Credit reimbursement obligations, commitment fees and letter of credit fees, in each instance, on the date dueunder an Application, or (ii) after five (5) days prior notice to the Borrowerotherwise); provided, other fees, costs or expenses payable by the Borrower or any of its Subsidiaries hereunder or under the other Loan Documents, which notice, if requested by the Borrower, shall include a reasonably detailed statement of such amounts; provided that the Bank shall not be under any obligation to charge any such deposit account or make any such Loan under this Section, and the Bank shall incur no liability to the Borrower Borrowers or any other Person for its failure to do so. The Bank agrees to use reasonable efforts to provide the Borrowers with prompt written notice of any such charge made or Loan advanced pursuant to the preceding sentence.

Appears in 1 contract

Samples: Credit Agreement (Hub Group Inc)

Place and Application of Payments. All payments of principal, interest, fees, and all other Obligations payable under the Loan Documents shall be made to the Bank at its office at 000 Xxxxx XxXxxxx 100 Xxxx Xxxxxx Xxxxxx, Xxxxxxx, Xxxxxxxx (or at such other place as the Bank may specify) no later than 1:00 p.m. (Chicago time) on the date any such payment is due and payable. Payments received by the Bank after 1:00 p.m. (Chicago time) shall be deemed received as of the opening of business on the next Business Day. All such payments shall be made in lawful money of the United States of America, in immediately available funds at the place of payment, without set-off or counterclaim and without reduction for, and free from, any and all present or future taxes, levies, imposts, duties, fees, charges, deductions, withholdings, restrictions, and conditions of any nature imposed by any government or any political subdivision or taxing authority thereof (but excluding any taxes imposed on or measured by the net income of the Bank). All payments shall be applied (i) first, towards payment of fees then due hereunder and under the other Loan Documents, (ii) second, towards payment of interest; (iii) third, towards payment of principal and any amounts due and owing to the Bank pursuant to a hedging arrangement; and (iv) fourth, to any and all other outstanding obligations of the Borrower to the Bank. Unless the Borrower otherwise directs, principal payments shall be applied first to the relevant Base Rate Portion until payment in full thereof, with any balance applied to the LIBOR Portions Eurodollar Loans in the order in which their Interest Periods expire. The Borrower hereby irrevocably authorizes the Bank to (a) charge from time to time any of the Borrower’s deposit accounts with the Bank and/or (b) make Revolving Loans from time to time hereunder (and any such Revolving Loan may be made by the Bank hereunder without regard to the provisions of Section 7 4 hereof), in each case for payment of any Obligation then due and payable (i) any interestwhether such Obligation is for interest then due on a Revolving Loan, principal, Letter of Credit reimbursement obligations, commitment fees and letter of credit fees, in each instance, on the date due, a Reimbursement Obligation or (ii) after five (5) days prior notice to the Borrower, other fees, costs or expenses payable by the Borrower or any of its Subsidiaries hereunder or under the other Loan Documents, which notice, if requested by the Borrower, shall include a reasonably detailed statement of such amountsotherwise); provided that the Bank shall not be under any obligation to charge any such deposit account or make any such Revolving Loan under this Section, and the Bank shall incur no liability to the Borrower or any other Person for its failure to do so.

Appears in 1 contract

Samples: Credit Agreement (Female Health Co)

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Place and Application of Payments. All payments of principal, interest, fees, and all other Obligations payable under the Loan Documents shall be made to Administrative Agent for the Bank benefit of the Lenders at its office at 000 Xxxxx XxXxxxx Xxxx Xxxxxx Xxxxxx, Xxxxxxx, Xxxxxxxx (or at such other place as the Bank Administrative Agent may specify) no later than 1:00 p.m. (Chicago time) on the date any such payment is due and payable. Payments received by the Bank Administrative Agent after 1:00 p.m. (Chicago time) shall be deemed received as of the opening of business on the next Business Day. All such payments shall be made in lawful money of the United States of America, in immediately available funds at the place of payment, without set-off or counterclaim and without reduction for, and free from, any and all present or future taxesTaxes, levies, imposts, duties, fees, charges, deductions, withholdings, restrictions, and conditions of any nature imposed by any government or any political subdivision or taxing authority thereof (but excluding any taxes Taxes imposed on or measured by the net income of the BankAdministrative Agent or any Lender). Unless the Borrower otherwise directs, principal payments shall be applied first to the relevant Base Rate Portion Loans until payment in full thereof, with any balance applied to the LIBOR Portions relevant Eurodollar Loans in the order in which their Interest Periods expire. The Borrower hereby irrevocably authorizes the Bank Administrative Agent to (a) charge from time to time any of the Borrower’s deposit accounts with the Bank Administrative Agent and/or (b) make Revolving Loans from time to time hereunder (and any such Revolving Loan may be made by the Bank Administrative Agent of behalf of Lenders hereunder without regard to the provisions of Section 7 4 hereof), in each case for payment of any Obligation then due and payable (i) any interestwhether such Obligation is for interest then due on a Loan, principal, Letter of Credit reimbursement obligations, commitment fees and letter of credit fees, in each instance, on the date due, a Reimbursement Obligation or (ii) after five (5) days prior notice to the Borrower, other fees, costs or expenses payable by the Borrower or any of its Subsidiaries hereunder or under the other Loan Documents, which notice, if requested by the Borrower, shall include a reasonably detailed statement of such amountsotherwise); provided that the Bank Administrative Agent shall not be under any obligation to charge any such deposit account or make any such Revolving Loan under this Section, and the Bank Administrative Agent shall incur no liability to the Borrower or any other Person for its failure to do so.. Anything contained herein to the contrary notwithstanding (including Section 2.9(b) and (c)), all payments and collections received in respect of the Obligations and all proceeds of the Collateral received, in each instance, by Administrative Agent or any of the Lenders after acceleration or the final maturity of the Obligations or termination of the Commitments as a result of an Event of Default shall be remitted to Administrative Agent and distributed as follows:

Appears in 1 contract

Samples: Credit Agreement (Duluth Holdings Inc.)

Place and Application of Payments. All payments of principal, interest, fees, fees and all other Obligations payable hereunder and under the other Loan Documents shall be made to the Bank at its office at 000 Xxxxx XxXxxxx Xxxx Xxxxxx Xxxxxx, Xxxxxxx, Xxxxxxxx (or at such other place as the Bank may specify) no later than 1:00 2:00 p.m. (Chicago time) on the date any such payment is due and payable. Payments received by the Bank after 1:00 2:00 p.m. (Chicago time) shall be deemed received as of the opening of business on the next Business Day. All such payments shall be made in lawful money of the United States of America, in immediately available funds at the place of payment, without set-off setoff or counterclaim and without reduction for, and free from, any and all present or future taxes, levies, imposts, duties, fees, charges, deductions, withholdings, restrictions, restrictions and conditions of any nature imposed by any government or any political subdivision or taxing authority thereof (but excluding any taxes imposed on or measured by the net income or gross receipts of the Bank). Unless the Borrower Company otherwise directs, except during the continuance of any Event of Default, principal payments shall be first applied first to the Base Rate Portion of the Note until payment in full thereof, with any balance applied to the LIBOR Fixed Rate Portions of the Note in the order in which their Interest Periods expire. The Borrower hereby irrevocably authorizes All payments on any Note (whether voluntary or required) shall be accompanied by any amount due the Bank to (a) charge from time to time any under Section 2.7 hereof, but no acceptance of the Borrower’s deposit accounts with the Bank and/or (b) make Loans from time to time hereunder (and any such Loan may be made a payment without requiring payment of amounts due under Section 2.7 shall preclude a later demand by the Bank hereunder without regard to the provisions for any amount due it under Section 2.7 in respect of Section 7 hereof), in each case for payment of (i) any interest, principal, Letter of Credit reimbursement obligations, commitment fees and letter of credit fees, in each instance, such payment. Any amount paid or prepaid on the date dueNote may, or (ii) after five (5) days prior notice subject to all of the Borrowerterms and conditions hereof, other feesbe borrowed, costs or expenses payable by the Borrower or any of its Subsidiaries hereunder or under the other Loan Documents, which notice, if requested by the Borrower, shall include a reasonably detailed statement of such amounts; provided that the Bank shall not be under any obligation to charge any such deposit account or make any such Loan under this Section, repaid and the Bank shall incur no liability to the Borrower or any other Person for its failure to do soborrowed again. Section 3.6.

Appears in 1 contract

Samples: Credit Agreement (Oil-Dri Corp of America)

Place and Application of Payments. All payments of principal, interest, fees, and all other Obligations payable under the Loan Documents shall be made to the Bank at its office at 000 Xxxxx XxXxxxx Xxxx Xxxxxx Xxxxxx, Xxxxxxx, Xxxxxxxx (or at such other place as the Bank may specify) no later than 1:00 p.m. (Chicago time) on the date any such payment is due and payable. Payments received by the Bank after 1:00 p.m. (Chicago time) shall be deemed received as of the opening of business on the next Business Day. All such payments shall be made in lawful money of the United States of America, in immediately available funds at the place of payment, without set-off or counterclaim and without reduction for, and free from, any and all present or future taxes, levies, imposts, duties, fees, charges, deductions, withholdings, restrictions, and conditions of any nature imposed by any government or any political subdivision or taxing authority thereof (but excluding any taxes imposed on or measured by the net income of the Bank). All payments shall be applied (i) first, towards payment of interest and fees then due hereunder and under the other Loan Documents, and (ii) second, towards payment of principal. Unless the Borrower otherwise directs, principal payments shall be applied first to the relevant Base Rate Portion Loan portion until payment in full thereof, with any balance applied to the LIBOR relevant Eurodollar Loan Portions in the order in which their Interest Periods expire. The Borrower hereby irrevocably authorizes the Bank to (a) charge from time to time any of the Borrower’s deposit accounts with the Bank and/or (b) make Revolving Loans from time to time hereunder (and any such Revolving Loan may be made by the Bank hereunder without regard to the provisions of Section 7 4 hereof), in each case for payment of any Obligation then due and payable (i) any interestwhether such Obligation is for interest then due on a Loan, principala Reimbursement Obligation, Letter of Credit reimbursement obligationsa Banking Services Obligation, commitment fees and letter of credit fees, in each instance, on the date due, a Rate Management Obligation or (ii) after five (5) days prior notice to the Borrower, other fees, costs or expenses payable by the Borrower or any of its Subsidiaries hereunder or under the other Loan Documents, which notice, if requested by the Borrower, shall include a reasonably detailed statement of such amountsotherwise); provided that the Bank shall not be under any obligation to charge any such deposit account or make any such Revolving Loan under this Section, and the Bank shall incur no liability to the Borrower or any other Person for its failure to do so.

Appears in 1 contract

Samples: Credit Agreement (Quadrant 4 System Corp)

Place and Application of Payments. All payments of principal, interest, fees, and all other Obligations payable under the Loan Documents shall be made to Administrative Agent for the Bank benefit of the Lenders at its office at 000 Xxxxx XxXxxxx Xxxx Xxxxxx Xxxxxx, Xxxxxxx, Xxxxxxxx (or at such other place as the Bank Administrative Agent may specify) no later than 1:00 p.m. (Chicago time) on the date any such payment is due and payable. Payments received by the Bank Administrative Agent after 1:00 p.m. (Chicago time) shall be deemed received as of the opening of business on the next Business Day. All such payments shall be made in lawful money of the United States of America, in immediately available funds at the place of payment, without set-off set‑off or counterclaim and without reduction for, and free from, any and all present or future taxesTaxes, levies, imposts, duties, fees, charges, deductions, withholdings, restrictions, and conditions of any nature imposed by any government or any political subdivision or taxing authority thereof (but excluding any taxes Taxes imposed on or measured by the net income of the BankAdministrative Agent or any Lender). Unless the Borrower otherwise directs, principal payments shall be applied first to the relevant Base Rate Portion Loans until payment in full thereof, with any balance applied to the LIBOR Portions relevant Eurodollar Loans in the order in which their Interest Periods expire. The Borrower hereby irrevocably authorizes the Bank Administrative Agent to (a) charge from time to time any of the Borrower’s deposit accounts with the Bank Administrative Agent and/or (b) make Revolving Loans from time to time hereunder (and any such Revolving Loan may be made by the Bank Administrative Agent of behalf of Lenders hereunder without regard to the provisions of Section 7 4 hereof), in each case for payment of any Obligation then due and payable (i) any interestwhether such Obligation is for interest then due on a Loan, principal, Letter of Credit reimbursement obligations, commitment fees and letter of credit fees, in each instance, on the date due, a Reimbursement Obligation or (ii) after five (5) days prior notice to the Borrower, other fees, costs or expenses payable by the Borrower or any of its Subsidiaries hereunder or under the other Loan Documents, which notice, if requested by the Borrower, shall include a reasonably detailed statement of such amountsotherwise); provided that the Bank Administrative Agent shall not be under any obligation to charge any such deposit account or make any such Revolving Loan under this Section, and the Bank Administrative Agent shall incur no liability to the Borrower or any other Person for its failure to do so.. Anything contained herein to the contrary notwithstanding (including Section 2.9(b) and (c)), all payments and collections received in respect of the Obligations and all proceeds of the Collateral received, in each instance, by Administrative Agent or any of the Lenders after acceleration or the final maturity of the Obligations or termination of the Commitments as a result of an Event of Default shall be remitted to Administrative Agent and distributed as follows:

Appears in 1 contract

Samples: Credit Agreement (Duluth Holdings Inc.)

Place and Application of Payments. All payments of principal, interest, fees, fees and all other Obligations payable hereunder and under the other Loan Documents shall be made to the Bank at its office at 000 Xxxxx XxXxxxx 110 Xxxx Xxxxxx Xxxxxx, Xxxxxxx, Xxxxxxxx (or at such other place as the Bank may specify) no later than 1:00 2:00 p.m. (Chicago time) on the date any such payment is due and payable. Payments received by the Bank after 1:00 2:00 p.m. (Chicago time) shall be deemed received as of the opening of business on the next Business Day. All such payments shall be made in lawful money of the United States of America, in immediately available funds at the place of payment, without set-off setoff or counterclaim and without reduction for, and free from, any and all present or future taxes, levies, imposts, duties, fees, charges, deductions, withholdings, restrictions, restrictions and conditions of any nature imposed by any government or any political subdivision or taxing authority thereof (but excluding any taxes imposed on or measured by the net income or gross receipts of the Bank). Unless the Borrower Company otherwise directs, except during the continuance of any Event of Default, principal payments shall be first applied first to the Base Term Note until payment in full thereof, then to the Domestic Rate Portion of the Revolving Credit Note until payment in full thereof, with any balance applied to the LIBOR Fixed Rate Portions of the Revolving Credit Note in the order in which their Interest Periods expire. The Borrower hereby irrevocably authorizes All payments on any Note (whether voluntary or required) shall be accompanied by any amount due the Bank to (a) charge from time to time any under Section 2.7 hereof, but no acceptance of the Borrower’s deposit accounts with the Bank and/or (b) make Loans from time to time hereunder (and any such Loan may be made a payment without requiring payment of amounts due under Section 2.7 shall preclude a later demand by the Bank hereunder without regard for any amount due it under Section 2.7 in respect of such payment. Any amount paid or prepaid on the Revolving Credit Note may, subject to all of the terms and conditions hereof, be borrowed, repaid and borrowed again. No amount paid or prepaid on the Term Note may be reborrowed. All prepayments on the Term Note shall be applied to the provisions several installments thereof in the order of Section 7 hereof), in each case for payment of (i) any interest, principal, Letter of Credit reimbursement obligations, commitment fees and letter of credit fees, in each instance, on the date due, or (ii) after five (5) days prior notice to the Borrower, other fees, costs or expenses payable by the Borrower or any of its Subsidiaries hereunder or under the other Loan Documents, which notice, if requested by the Borrower, shall include a reasonably detailed statement of such amounts; provided that the Bank shall not be under any obligation to charge any such deposit account or make any such Loan under this Section, and the Bank shall incur no liability to the Borrower or any other Person for its failure to do sotheir maturity.

Appears in 1 contract

Samples: Guaranty Agreement (Oil Dri Corporation of America)

Place and Application of Payments. All payments of principal, interest, fees, and all other Obligations payable under the Loan Documents shall be made to the Bank at its office at 000 Xxxxx XxXxxxx Xxxx Xxxxxx Xxxxxx, Xxxxxxx, Xxxxxxxx (or at such other place as the Bank may specify) no later than 1:00 p.m. (Chicago time) on the date any such payment is due and payable. Payments received by the Bank after 1:00 p.m. (Chicago time) shall be deemed received as of the opening of business on the next Business Day. All such payments shall be made in lawful money of the United States of America, in immediately available funds at the place of payment, without set-off or counterclaim and without reduction for, and free from, any and all present or future taxes, levies, imposts, duties, fees, charges, deductions, withholdings, restrictions, and conditions of any nature imposed by any government or any political subdivision or taxing authority thereof (but excluding any taxes imposed on or measured by the net income of the Bank). Unless the Borrower otherwise directs, principal payments shall be applied first to the Base Rate Portion until payment in full thereof, with any balance applied to the LIBOR Fixed Rate Portions in the order in which their Interest Periods expire. The Borrower hereby irrevocably authorizes the Bank to (a) charge from time to time any of the Borrower’s deposit accounts with the Bank and/or (b) make Loans from time to time hereunder (and any such Loan may be made by the Bank hereunder without regard to the provisions of Section 7 hereof), in each case for payment of any Obligation then due and payable (i) any interestwhether such Obligation is for interest then due on a Loan, principal, Letter of Credit reimbursement obligations, commitment fees and letter of credit fees, in each instance, on the date due, under an Application or (ii) after five (5) days prior notice to the Borrower, other fees, costs or expenses payable by the Borrower or any of its Subsidiaries hereunder or under the other Loan Documents, which notice, if requested by the Borrower, shall include a reasonably detailed statement of such amountsotherwise); provided that the Bank shall not be under any obligation to charge any such deposit account or make any such Loan under this Section, and the Bank shall incur no liability to the Borrower or any other Person for its failure to do so.

Appears in 1 contract

Samples: Credit Agreement (Woodhead Industries Inc)

Place and Application of Payments. All payments of principal, interest, fees, and all other Obligations payable under the Loan Documents shall be made to the Bank at its office at 000 Xxxxx XxXxxxx Xxxx Xxxxxx Xxxxxx, Xxxxxxx, Xxxxxxxx (or at such other place as the Bank may specify) no later than 1:00 p.m. (Chicago time) on the date any such payment is due and payable. Payments received by the Bank after 1:00 p.m. (Chicago time) shall be deemed received as of the opening of business on the next Business Day. All such payments shall be made in lawful money of the United States of America, in immediately available funds at the place of payment, without set-off or counterclaim and without reduction for, and free from, any and all present or future taxes, levies, imposts, duties, fees, charges, deductions, withholdings, restrictions, and conditions of any nature imposed by any government or any political subdivision or taxing authority thereof (but excluding any taxes imposed on or measured by the net income of the Bank). Unless the Borrower otherwise directs, principal payments shall be applied first to the relevant Base Rate Portion until payment in full thereof, with any balance applied to the relevant LIBOR Portions in the order in which their Interest Periods expire. Any amount repaid under the Revolving Credit may, subject to the terms and conditions hereof, be borrowed, repaid, and borrowed again. No amount repaid on the Term Loan Note, the Mortgage Note, or the Equipment Note may be reborrowed, and partial prepayments of the Term Loan Note, the Mortgage Note, and the Equipment Note (on or after the Equipment Loan Commitment Termination Date) shall be applied to the several remaining installments thereof in the inverse order of maturity. The Borrower hereby irrevocably authorizes the Bank to (ah) charge from time to time any of the Borrower’s deposit accounts with the Bank and/or (bi) make Revolving Loans from time to time hereunder (and any such Revolving Loan may be made by the Bank hereunder without regard to the provisions of Section 7 0 hereof), in each case for payment of any Obligation then due and payable (i) any interestwhether such Obligation is for interest then due on a Loan, principal, Letter of Credit reimbursement obligations, commitment fees and letter of credit fees, in each instance, on the date due, under an Application or (ii) after five (5) days prior notice to the Borrower, other fees, costs or expenses payable by the Borrower or any of its Subsidiaries hereunder or under the other Loan Documents, which notice, if requested by the Borrower, shall include a reasonably detailed statement of such amountsotherwise); provided that the Bank shall not be under any obligation to charge any such deposit account or make any such Revolving Loan under this Section, and the Bank shall incur no liability to the Borrower or any other Person for its failure to do so.

Appears in 1 contract

Samples: Credit Agreement (Cti Industries Corp)

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