Common use of Place and Application of Payments Clause in Contracts

Place and Application of Payments. All payments of principal of and interest on the Loans, and of all other Obligations and other amounts payable by Borrower under the Credit Documents, shall be made by Borrower in U.S. Dollars to the Administrative Agent or the applicable Issuing Agent if such payment is being made with respect to a Reimbursement Obligation, by no later than 2:00 p.m. (New York time) on the due date thereof at the principal office of the Administrative Agent or the applicable Issuing Agent, as applicable, in New York, New York pursuant to the payment instructions set forth on Part A of Schedule 4 hereof (or such other location in the, United States as the Administrative Agent or the applicable Issuing Agent, as applicable, may designate to Borrower) or, if such payment is on a Reimbursement Obligation, no later than provided by Section 2.2(c) hereof, in each case for the benefit of the Person or Persons entitled thereto. Any payments received after such time shall be deemed to have been received by the Administrative Agent or the Issuing Agent on the next Business Day. All such payments shall be made free and clear of, and without deduction for, any set-off, defense, counterclaim, levy, or any other deduction of any kind in immediately available funds at the place of payment. The Administrative Agent or the applicable Issuing Agent, as applicable, will promptly thereafter cause to be distributed like funds relating to the payment of principal or interest on Loans or applicable fees ratably to the Banks and like funds relating to the payment of any other amount payable to any Person to such Person, in each case to be applied in accordance with the terms of this Agreement.

Appears in 4 contracts

Samples: Credit Agreement (Black Hills Corp /Sd/), Credit Agreement (Black Hills Corp /Sd/), Assignment and Assumption (Black Hills Corp /Sd/)

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Place and Application of Payments. All payments of principal of and interest on the Loans, and of all other Obligations and other amounts payable by the Borrower under the Credit Documents, shall be made by the Borrower in U.S. Dollars to the Administrative Agent or the applicable Issuing Agent if such payment is being made with respect to a Reimbursement Obligation, by no later than 2:00 p.m. (New York time) on the due date thereof at the principal office of the Administrative Agent or the office of the applicable Issuing Agent designated in writing to the Borrower by such Issuing Agent, as applicable, in New York, New York pursuant to the payment instructions set forth on Part A of Schedule 4 hereof hereto (or such other location in the, the United States as the Administrative Agent or the applicable Issuing Agent, as applicable, may designate to the Borrower) or, if such payment is on a Reimbursement Obligation, no later than provided by Section 2.2(c) hereof, in each case for the benefit of the Person or Persons entitled thereto. Any payments received after such time shall be deemed to have been received by the Administrative Agent or the applicable Issuing Agent on the next Business Day. All such payments shall be made free and clear of, and without deduction for, any set-off, defense, counterclaim, levy, or any other deduction of any kind in immediately available funds at the place of payment. The Administrative Agent or the applicable Issuing Agent, as applicable, will promptly thereafter cause to be distributed like funds relating to the payment of principal or interest on Loans or applicable fees ratably (except (i) with respect to repayments of Swing Line Loans, (ii) in the case of Reimbursement Obligations for which the applicable Issuing Agent has not been fully indemnified by the Banks or (iii) as otherwise specifically required hereunder) to the Banks and like funds relating to the payment of any other amount payable to any Person to such Person, in each case to be applied in accordance with the terms of this Agreement.

Appears in 4 contracts

Samples: Credit Agreement (Black Hills Corp /Sd/), Credit Agreement (Black Hills Corp /Sd/), Credit Agreement (Black Hills Corp /Sd/)

Place and Application of Payments. (a) All payments of principal of and interest on the Revolving Loans, any Term Loan and the Reimbursement Obligations, and of all other Obligations and other amounts Indebtedness payable by Borrower the Borrowers under this Agreement and the Credit other Transaction Documents, shall be made by Borrower in U.S. Dollars the Borrowers to the Administrative Agent or the applicable Issuing Agent if such payment is being made with respect to a Reimbursement Obligation, by no later than 2:00 1:00 p.m. (New York Colorado time) on the due date thereof at the principal office of the Administrative Agent or the applicable Issuing Agentin Denver, as applicable, in New York, New York pursuant to the payment instructions set forth on Part A of Schedule 4 hereof CO (or such other location in the, United States as the Administrative Agent or the applicable Issuing Agent, as applicable, may designate to Borrowerthe Borrowers) or, if such payment is on a Reimbursement Obligation, no later than provided by Section 2.2(c) hereof, in each case for the benefit of the Person Lender or Persons Lenders entitled thereto. Any payments received after such time shall be deemed to have been received by the Administrative Agent or the Issuing Agent on the next Business Day. All such payments shall be made free and clear ofin United States Dollars, and without deduction for, any set-off, defense, counterclaim, levy, or any other deduction of any kind in immediately available funds at the place of payment, in each case without set-off or counterclaim. The Administrative Agent or the applicable Issuing Agent, as applicable, will promptly thereafter cause to be distributed like funds relating to the payment of principal or interest on Loans or applicable fees the Revolving Loans, any Term Loan and on Reimbursement Obligations ratably to the Banks Lenders and like funds relating to the payment of any other amount payable to any Person Lender to such PersonLender, in each case to be applied in accordance with the terms of this Agreement.

Appears in 2 contracts

Samples: And Security Agreement (Air Methods Corp), And Security Agreement (Air Methods Corp)

Place and Application of Payments. All payments of principal of and interest on the Loans, and of all other Obligations and other amounts payable by the Borrower under the Credit Documents, shall be made by the Borrower in U.S. Dollars to the Administrative Agent or the applicable Issuing Agent if such payment is being made with respect to a Reimbursement Obligation, by no later than 2:00 p.m. (New York time) on the due date thereof at the principal office of the Administrative Agent or the office of the applicable Issuing Agent designated in writing to the Borrower by such Issuing Agent, as applicable, in New York, New York pursuant to the payment instructions set forth on Part A of Schedule 4 hereof (or such other location in the, the United States as the Administrative Agent or the applicable Issuing Agent, as applicable, may designate to the Borrower) or, if such payment is on a Reimbursement Obligation, no later than provided by Section 2.2(c) hereof, in each case for the benefit of the Person or Persons entitled thereto. Any payments received after such time shall be deemed to have been received by the Administrative Agent or the applicable Issuing Agent on the next Business Day. All such payments shall be made free and clear of, and without deduction for, any set-off, defense, counterclaim, levy, or any other deduction of any kind in immediately available funds at the place of payment. The Administrative Agent or the applicable Issuing Agent, as applicable, will promptly thereafter cause to be distributed like funds relating to the payment of principal or interest on Loans or applicable fees ratably (except (i) with respect to repayments of Swing Line Loans, (ii) in the case of Reimbursement Obligations for which the applicable Issuing Agent has not been fully indemnified by the Banks or (iii) as otherwise specifically required hereunder) to the Banks and like funds relating to the payment of any other amount payable to any Person to such Person, in each case to be applied in accordance with the terms of this Agreement.

Appears in 2 contracts

Samples: Credit Agreement (Black Hills Corp /Sd/), Credit Agreement (Black Hills Corp /Sd/)

Place and Application of Payments. (a) All payments of principal of and interest on the Revolving Loans, any Term Loans and the Reimbursement Obligations, and of all other Obligations and other amounts Indebtedness payable by Borrower the Borrowers under this Agreement and the Credit other Transaction Documents, shall be made by Borrower in U.S. Dollars the Borrowers to the Administrative Agent or the applicable Issuing Agent if such payment is being made with respect to a Reimbursement Obligation, by no later than 2:00 1:00 p.m. (New York Colorado time) on the due date thereof at the principal office of the Administrative Agent or the applicable Issuing Agentin Denver, as applicable, in New York, New York pursuant to the payment instructions set forth on Part A of Schedule 4 hereof CO (or such other location in the, United States as the Administrative Agent or the applicable Issuing Agent, as applicable, may designate to Borrowerthe Borrowers) or, if such payment is on a Reimbursement Obligation, no later than provided by Section 2.2(c) hereof, in each case for the benefit of the Person Lender or Persons Lenders entitled thereto. Any payments received after such time shall be deemed to have been received by the Administrative Agent or the Issuing Agent on the next Business Day. All such payments shall be made free and clear ofin United States Dollars, and without deduction for, any set-off, defense, counterclaim, levy, or any other deduction of any kind in immediately available funds at the place of payment, in each case without set-off or counterclaim. The Administrative Agent or the applicable Issuing Agent, as applicable, will promptly thereafter cause to be distributed like funds relating to the payment of principal or interest on Loans or applicable fees the Revolving Loans, any Term Loan and on Reimbursement Obligations ratably to the Banks Lenders and like funds relating to the payment of any other amount payable to any Person Lender to such PersonLender, in each case to be applied in accordance with the terms of this Agreement.

Appears in 1 contract

Samples: And Security Agreement (Air Methods Corp)

Place and Application of Payments. All payments of principal of and interest on the Loans, and of all other Obligations and other amounts payable by the Borrower under the Credit Documents, shall be made by the Borrower in U.S. Dollars to the Administrative Agent or the applicable Issuing Agent Bank if such payment is being made with respect to a Reimbursement Obligation, by no later than 2:00 12:30 p.m. (New York Chicago time) on the due date thereof at the principal office of the Administrative Agent or the applicable Issuing AgentBank, as applicable, in New York, New York York, pursuant to the payment instructions set forth on Part A of Schedule 4 hereof (or such other location in the, the United States as the Administrative Agent or the applicable Issuing AgentBank, as applicable, may designate to the Borrower) or, if such payment is on a Reimbursement Obligation, no later than provided by Section 2.2(c) hereof, in each case for the benefit of the Person or Persons entitled thereto. Any payments received after such time shall be deemed to have been received by the Administrative Agent or the Issuing Agent Bank on the next Business Day. All such payments shall be made free and clear of, and without deduction for, any set-off, defense, counterclaim, levy, or any other deduction of any kind in U.S. Dollars, in immediately available funds at the place of payment. The Administrative Agent or the applicable Issuing AgentBank, as applicable, will promptly thereafter cause to be distributed like funds relating to the payment of principal or interest on Loans or applicable fees ratably to the Banks and like funds relating to the payment of any other amount payable to any Person to such Person, in each case to be applied in accordance with the terms of this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Peoples Energy Corp)

Place and Application of Payments. All payments of principal of and interest on the Loansprincipal, interest, fees, and of all other Obligations and other amounts payable by Borrower under the Credit Documents, Loan Documents shall be made by Borrower in U.S. Dollars to Bank at its office at 000 Xxxxx Xxxxx Xxxxxx, Xxxxxxxxx, Xxxxxxxxx (or at such other place as Bank may specify) no later than 1:00 p.m. on the Administrative Agent or the applicable Issuing Agent if date any such payment is being made with respect to a Reimbursement Obligation, due and payable. Payments received by no later than 2:00 Bank after 1:00 p.m. (New York time) on the due date thereof at the principal office of the Administrative Agent or the applicable Issuing Agent, as applicable, in New York, New York pursuant to the payment instructions set forth on Part A of Schedule 4 hereof (or such other location in the, United States as the Administrative Agent or the applicable Issuing Agent, as applicable, may designate to Borrower) or, if such payment is on a Reimbursement Obligation, no later than provided by Section 2.2(c) hereof, in each case for the benefit of the Person or Persons entitled thereto. Any payments received after such time shall be deemed to have been received by as of the Administrative Agent or the Issuing Agent opening of business on the next Business Day. All such payments shall be made free and clear ofin lawful money of the United States of America, and without deduction for, any set-off, defense, counterclaim, levy, or any other deduction of any kind 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 Bank). The Administrative Agent or All payments shall be applied (i) first, towards payment of interest and fees then due hereunder and under the applicable Issuing Agentother Loan Documents, as applicable(ii) second, will promptly thereafter cause to be distributed like funds relating 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 interest on Loans or applicable fees ratably 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 the Banks satisfy such Swap Obligation), and like funds relating (iii) third, to the payment of any all other amount payable to 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 PersonSwap Obligation) to be allocated pro rata in accordance with the aggregate unpaid amounts owing to each holder thereof. Unless Borrower otherwise directs, principal payments shall be applied first to the relevant Monthly Reset LIBOR Rate portion until payment in full thereof, with any balance applied to the relevant Eurodollar portion in the order in which their Interest Periods expire. Borrower hereby irrevocably authorizes Bank to (a) charge from time to time any of Borrower’s deposit accounts with Bank and/or (b) make Revolving Loans from time to time hereunder (and any such Revolving Loan may be made by Bank hereunder without regard to the provisions of Section 4 hereof), in each case for payment of any Obligation then due and payable (whether such Obligation is for interest then due on a Loan, a Reimbursement Obligation or otherwise); provided that Bank shall not be under any obligation to be applied in accordance with the terms of charge any such deposit account or make any such Revolving Loan under this AgreementSection, and Bank shall incur no liability to Borrower or any other Person for its failure to do so.

Appears in 1 contract

Samples: Credit Agreement (Twin Disc Inc)

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Place and Application of Payments. (a) All payments of --------------------------------- principal of and interest on the Loans, the Reimbursement Obligations, and of all other Obligations and other amounts payable by the Borrower under the Credit Documents, Documents shall be made by the Borrower in U.S. Dollars to the Administrative Agent or the applicable Issuing Agent if such payment is being made with respect to a Reimbursement Obligation, by no later than 2:00 1:30 p.m. (New York time) on the due date thereof at the principal office of the Administrative Agent or the applicable Issuing Agent, as applicable, in New York, New York pursuant to the payment instructions set forth on Part A of Schedule 4 hereof (or such other location in the, United States as the Administrative Agent or the applicable Issuing Agent, as applicable, may designate to the Borrower) or, if such payment is on a Reimbursement Obligation, no later than provided by Section 2.2(c) hereof, in each case for the benefit of the Person or Persons Lenders entitled theretoto such payments. Any payments received by the Agent from the Borrower after such time 1:30 p.m. shall be deemed to have been received by the Administrative Agent or the Issuing Agent on the next Business Day. All If the Borrower does not, or is unable for any reason to, effect payment of a Revolving Loan or Reimbursement Obligation to the Lenders in the applicable currency or if the Borrower shall default in the payment when due of any payment in such payments shall currency, the Lenders may, at their option, require such payment to be made free to the Lenders in the Dollar equivalent of such currency determined in accordance with Section 10.20. With respect to any amount due and clear ofpayable in Pounds or Canadian Dollars, the Borrower agrees to hold the Lenders harmless from any losses incurred by the Lenders arising from any change in the value of Dollars in relation to such currency between the date such payment became due and without deduction for, any set-off, defense, counterclaim, levy, or any other deduction the date of any kind in immediately available funds at the place of paymentpayment thereof. The Administrative Agent or will, on the applicable Issuing Agentsame day each payment is received, as applicable, will promptly thereafter cause to be distributed like funds relating in like currency to each Lender owed an Obligation for which such payment was received, pro rata based on the payment respective amounts of principal or interest on Loans or applicable fees ratably such type of Obligation then owing to the Banks and like funds relating to the payment of any other amount payable to any Person to such Person, in each case to be applied in accordance with the terms of this AgreementLender.

Appears in 1 contract

Samples: Credit Agreement (Tuboscope Inc /De/)

Place and Application of Payments. All payments of principal of and interest on the Loans, and of all other Obligations and other amounts payable by Borrower under the Credit Documents, shall be made by Borrower in U.S. Dollars to the Administrative Agent or the applicable Issuing Agent if such payment is being made with respect to a Reimbursement Obligation, by no later than 2:00 p.m. (New York time) on the due date thereof at the principal office of the Administrative Agent or the office of the applicable Issuing Agent designated in writing to Borrower by such Issuing Agent, as applicable, in New York, New York pursuant to the payment instructions set forth on Part A of Schedule 4 hereof (or such other location in the, United States as the Administrative Agent or the applicable Issuing Agent, as applicable, may designate to Borrower) or, if such payment is on a Reimbursement Obligation, no later than provided by Section 2.2(c) hereof, in each case for the benefit of the Person or Persons entitled thereto. Any payments received after such time shall be deemed to have been received by the Administrative Agent or the Issuing Agent on the next Business Day. All such payments shall be made free and clear of, and without deduction for, any set-off, defense, counterclaim, levy, or any other deduction of any kind in immediately available funds at the place of payment. The Administrative Agent or the applicable Issuing Agent, as applicable, will promptly thereafter cause to be distributed like funds relating to the payment of principal or interest on Loans or applicable fees ratably to the Banks and like funds relating to the payment of any other amount payable to any Person to such Person, in each case to be applied in accordance with the terms of this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Black Hills Corp /Sd/)

Place and Application of Payments. All payments of principal of and interest on the Loans, and of all other Obligations and other amounts payable by the Borrower under the Credit Documents, shall be made by the Borrower in U.S. Dollars to the Administrative Agent or the applicable Issuing Agent Bank if such payment is being made with respect to a Reimbursement Obligation, by no later than 2:00 1:30 p.m. (New York Eastern time) on the due date thereof at the principal office of the Administrative Agent or the applicable Issuing AgentBank, as applicable, in New York, New York pursuant to the payment instructions as set forth on Part A of Schedule 4 11.8 hereof (or such other location in the, the United States as the Administrative Agent or the applicable Issuing AgentBank, as applicable, may designate to the Borrower) or, if such payment is on a Reimbursement Obligation, no later than provided by Section 2.2(c) hereof, in each case for the benefit of the Person or Persons entitled thereto. Any payments received after such time shall be deemed to have been received by the Administrative Agent or the Issuing Agent Bank on the next Business Day. All such payments shall be made free and clear of, and without deduction for, any set-off, defense, counterclaim, levy, or any other deduction of any kind in U.S. Dollars, in immediately available funds at the place of payment. The Administrative Agent or the applicable Issuing AgentBank, as applicable, will promptly thereafter cause to be distributed like funds relating to the payment of principal or interest on Loans or applicable fees ratably to the Banks and like funds relating to the payment of any other amount payable to any Person to such Person, in each case to be applied in accordance with the terms of this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Peoples Energy Corp)

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