Pro Rata Payments. Except as otherwise provided herein, (a) each payment on account of the principal of and interest on the Loans and the fees described in Section 2.10 shall be made to the Agent for the account of the Lenders pro rata based on their Applicable Commitment Percentages, (b) all payments to be made by any Borrower for the account of each of the Lenders on account of principal, interest and fees, shall be made without diminution, setoff, recoupment or counterclaim, and (c) the Agent will promptly distribute to the Lenders in immediately available funds payments received in fully collected, immediately available funds from any Borrower.
Appears in 6 contracts
Samples: Credit Agreement (Aircastle LTD), Credit Agreement (Aircastle LTD), Credit Agreement (Unicapital Corp)
Pro Rata Payments. Except as otherwise provided herein, (a) each payment on account of the principal of and interest on the Revolving Loans and the fees described in Section 2.10 shall be made to the Agent for the account of the Lenders pro rata based on their Applicable Commitment Percentages, (b) all payments to be made by any the Borrower for the account of each of the Lenders on account of principal, interest and fees, shall be made without diminution, setoff, recoupment or counterclaim, and (c) the Agent will promptly distribute to the Lenders in immediately available funds payments received in fully collected, immediately available funds from any the Borrower.
Appears in 5 contracts
Samples: Credit Agreement (Gerald Stevens Inc/), Credit Agreement (Sheridan Healthcare Inc), Credit Agreement (Wackenhut Corrections Corp)
Pro Rata Payments. Except as otherwise provided herein, (a) each payment on account of the principal of and interest on the Loans and the fees described in Section 2.10 shall be made to the Agent for the account of the Lenders pro rata based on their Applicable Commitment Percentages, (b) all payments to be made by any the Borrower for the account of each of the Lenders on account of principal, interest and fees, shall be made without diminution, setoff, recoupment or counterclaim, and (c) the Agent will promptly distribute to the Lenders in immediately available funds payments received in fully collected, immediately available funds from any the Borrower.
Appears in 4 contracts
Samples: Credit Agreement (Unicapital Corp), Stock Pledge Agreement (Cultural Access Worldwide Inc), Credit Agreement (Catalina Marketing Corp/De)
Pro Rata Payments. Except as otherwise provided herein, (a) each payment on account of the principal of and interest on the Loans and the fees described in Section 2.10 2.9 shall be made to the Agent for the account of the Lenders pro rata based on their Applicable Commitment Percentages, (b) all payments to be made by any Borrower for the account of each of the Lenders on account of principal, interest and fees, shall be made without diminution, setoff, recoupment or counterclaim, and (c) the Agent will promptly distribute to the Lenders in immediately available funds payments received in fully collected, immediately available funds from any Borrower.
Appears in 3 contracts
Samples: Credit Agreement (Aircastle LTD), Credit Agreement (Aircastle LTD), Credit Agreement (Unicapital Corp)
Pro Rata Payments. Except as otherwise provided herein, (a) each payment on account of the principal of and interest on the Revolving Loans and the fees described in Section 2.10 3.10 hereof shall be made to the Agent for the account of the Lenders pro rata based on their Applicable Commitment Percentages, (b) all payments to be made by any the Borrower for the account of each of the Lenders on account of principal, interest and fees, shall be made without diminution, setoff, recoupment or counterclaim, and (c) the Agent will promptly distribute to the Lenders in immediately available funds payments received in fully collected, immediately available funds from any the Borrower.
Appears in 2 contracts
Samples: Guaranty Agreement (Windmere Durable Holdings Inc), Credit Agreement (Windmere Durable Holdings Inc)
Pro Rata Payments. Except as otherwise provided specified herein, : (a) each payment on account of the principal of and interest on the Loans and Loans, the fees described in Section 2.10 2.11(a) and (b), and the Reimbursement Obligations as to which the Lenders have funded their respective Participations which remain outstanding, shall be made to the Agent for the account of the Lenders pro rata based on their Applicable Revolving Commitment Percentages and their Applicable Term Loan Commitment Percentages, and (b) all payments to be made by any Borrower for the account of each of the Lenders on account of principal, interest and fees, shall be made without diminution, setoff, recoupment or counterclaim, and (c) the Agent will promptly distribute to the Lenders in immediately available funds payments received in fully collected, immediately available funds from any the Borrower.
Appears in 2 contracts
Samples: Credit Agreement (QC Holdings, Inc.), Credit Agreement (QC Holdings, Inc.)
Pro Rata Payments. Except as otherwise provided herein, (a) each payment on account of the principal of and interest on the Loans and the fees described in Section 2.10 shall be made to the Agent for the account of the Lenders pro rata based on their Applicable Commitment Percentages, (b) all payments to be made by any Borrower the Borrowers for the account of each of the Lenders on account of principal, interest and fees, shall be made without diminution, setoff, recoupment or counterclaim, and (c) the Agent will promptly distribute to the Lenders in immediately available funds payments received in fully collected, immediately available funds from any Borrowerthe Borrowers.
Appears in 2 contracts
Samples: Credit Agreement (Breed Technologies Inc), Stock Pledge Agreement (Miller Industries Inc /Tn/)
Pro Rata Payments. Except as otherwise provided specified herein, (a) each payment on account of the principal of and interest on (i) the Loans and Revolving Loans, (ii) the Term Loans, (iii) the fees described in Section 2.10 4.6(a) and (b), and (iv) the Swing Line Loans, and Reimbursement Obligations as to which the Lenders have funded their respective Participations which remain outstanding, shall be made to the Agent for the account of the Lenders pro rata based on their Applicable Commitment Percentages, and (b) all payments to be made by any Borrower for the account of each of the Lenders on account of principal, interest and fees, shall be made without diminution, setoff, recoupment or counterclaim, and (c) the Agent will promptly distribute to the Lenders in immediately available funds payments received in fully collected, immediately available funds from any the Borrower.
Appears in 2 contracts
Samples: Credit Agreement (Uti Corp), Credit Agreement (Uti Corp)
Pro Rata Payments. Except as otherwise provided herein, (a) each payment on account of the principal of and interest on the Loans and the fees described in Section 2.10 2.9 shall be made to the Agent for the account of the Lenders pro rata based on their Applicable Commitment Percentages, (b) all payments to be made by any the Borrower for the account of each of the Lenders on account of principal, interest and fees, shall be made without diminution, setoff, recoupment or counterclaim, and (c) the Agent will promptly distribute to the Lenders in immediately available funds payments received in fully collected, immediately available funds from any the Borrower.
Appears in 2 contracts
Samples: Term Credit Agreement (Healthsouth Corp), Bridge Credit Agreement (Healthsouth Corp)
Pro Rata Payments. Except as otherwise provided herein, (a) each payment on account of the principal of and interest on the Loans and the fees described in Section 2.10 Term Loan shall be made to the Agent for the account of the Lenders pro rata based on their Applicable Commitment PercentagesPercentages of the Term Loan, (b) all payments to be made by any the Borrower for the account of each of the Lenders on account of principal, interest and fees, shall be made without diminution, setoffset-off, recoupment or counterclaim, and (c) the Agent will promptly distribute to the Lenders in immediately available funds payments received in fully collected, immediately available funds from any the Borrower.
Appears in 1 contract
Pro Rata Payments. Except as otherwise provided herein, (a) each payment on account of the principal of and interest on the Loans Term Loan and the fees described in payable under Section 2.10 2.9 shall be made to the Agent for the account of the Lenders pro rata based on their Applicable Commitment Percentages, (b) all payments to be made by any Borrower the Borrowers for the account of each of the Lenders on account of principal, interest and fees, shall be made without diminution, setoff, recoupment or counterclaim, and (c) the Agent will promptly distribute to the Lenders in immediately available funds payments received in fully collected, immediately available funds from any Borrowerthe Borrowers.
Appears in 1 contract
Pro Rata Payments. Except as otherwise provided herein, (a) each payment on account of the principal of and interest on the Revolving Loans and the fees described in Section 2.10 2.13 shall be made to the Agent for the account of the Lenders pro rata based on their Applicable Commitment Percentages, (b) all payments to be made by any the Borrower for the account of each of the Lenders on account of principal, interest and fees, shall be made without diminution, setoff, recoupment or counterclaim, and (c) the Agent will promptly distribute to the Lenders in immediately available funds payments received in fully collected, immediately available funds from any the Borrower.
Appears in 1 contract
Pro Rata Payments. Except as otherwise provided herein, (a) each payment on account of the principal of and interest on the Loans and the fees described in Section 2.10 shall be made to the Agent for the account of the Lenders pro rata based on their Applicable Commitment Percentages, (b) all payments to be made by any the Borrower for the account of each of the Lenders on account of principal, interest and fees, shall be made without diminution, setoffset off, recoupment or counterclaim, and (c) the Agent will promptly distribute to the Lenders in immediately available funds payments received in fully collected, immediately available funds from any the Borrower.
Appears in 1 contract
Samples: Credit Agreement (Aircastle LTD)
Pro Rata Payments. Except as otherwise provided specified herein, (a) each payment on account of the principal of and interest on the Loans and Loans, the fees described in Section 2.10 4.7(a), (b), (c) and (d), and Reimbursement Obligations as to which the Lenders have funded their respective Participations which remain outstanding, shall be made to the Agent for the account of the Lenders pro rata based on their Applicable Commitment Percentages, and (b) all payments to be made by any Borrower for the account of each of the Lenders on account of principal, interest and fees, shall be made without diminution, setoff, recoupment or counterclaim, and (c) the Agent will promptly promptly, and in no event later than two (2) Business Days following receipt thereof, distribute to the Lenders in immediately available funds payments received in fully collected, collected immediately available funds from any the Borrower.
Appears in 1 contract
Samples: Credit Agreement (Kellwood Co)
Pro Rata Payments. Except as otherwise provided herein, (a) each payment on account of the principal of and interest on the Revolving Loans and the fees described in Section 2.10 hereof shall be made to the Agent for the account of the Lenders pro rata based on their Applicable Commitment Percentages, (b) all payments to be made by any the Borrower for the account of each of the Lenders on account of principal, interest and fees, shall be made without diminution, setoff, recoupment or counterclaim, and (c) the Agent will promptly distribute to the Lenders in immediately available funds payments received in fully infully collected, immediately available funds from any the Borrower.
Appears in 1 contract
Pro Rata Payments. Except as otherwise provided herein, (a) each payment on account of the principal of and interest on the Revolving Loans and the fees described in Section 2.10 Sections 2.11 and 3.3 shall be made to the Administrative Agent for the account of the Lenders pro rata based on their Applicable Commitment Percentages, (b) all payments to be made by any the Borrower for the account of each of the Lenders on account of principal, interest and fees, shall be made without diminution, setoff, recoupment or counterclaim, and (c) the Administrative Agent will promptly distribute to the Lenders in immediately available funds payments received in fully collected, immediately available funds from any the Borrower.
Appears in 1 contract
Samples: Credit Agreement (Medpartners Inc)
Pro Rata Payments. Except as otherwise provided herein, (a) each payment on account of the principal of and interest on the Loans Advances and the fees described in Section 2.10 Commitment Fee shall be made to the Administrative Agent for the account of the Lenders pro rata based on their Applicable Commitment Percentagesthe outstanding principal amount of Advances funded by such Lenders, (b) all payments to be made by any the Borrower for the account of each of the Lenders on account of principal, interest and fees, shall be made without diminution, setoff, recoupment or counterclaim, and (c) the Administrative Agent will promptly distribute to the Lenders in immediately available funds payments received in fully collected, immediately available funds from any the Borrower.
Appears in 1 contract
Samples: Credit Agreement (Genesis Lease LTD)
Pro Rata Payments. Except as otherwise provided herein, (a) each payment on account of the principal of and interest on the Revolving Loans and the fees described in Section 2.10 3.10 shall be made to the Agent for the account of the Lenders pro rata based on their Applicable Commitment Percentages, (b) all payments to be made by any the Borrower for the account of each of the Lenders on account of principal, interest and fees, shall be made without diminution, setoff, recoupment or counterclaim, and (c) the Agent will promptly distribute to the Lenders in immediately available funds payments received in fully collected, immediately available funds from any the Borrower.
Appears in 1 contract
Pro Rata Payments. Except as otherwise provided herein, (a) each payment on account of the principal of and interest on the Syndicated Loans and the fees described in Section 2.10 and the first sentence of Section 3.3(a) shall be made to the Agent for the account of the Lenders pro rata based on their Applicable Commitment Percentages, (b) all payments to be made by any the Borrower for the account of each of the Lenders on account of principal, interest and fees, shall be made without diminution, setoff, recoupment or counterclaim, and (c) the Agent will promptly distribute to the Lenders in immediately available funds payments received in fully collected, immediately available funds from any the Borrower.
Appears in 1 contract
Samples: Credit Agreement (Healthsouth Corp)
Pro Rata Payments. Except as otherwise provided herein, (a) each payment on account of the principal of and interest on the Loans Term Loan and the fees described in Section 2.10 2.12 shall be made to the Agent for the account of the Lenders pro rata based on their Applicable Commitment Percentages, (b) all payments to be made by any Borrower the Borrowers for the account of each of the Lenders on account of principal, interest and fees, shall be made without diminution, setoffset-off, recoupment or counterclaim, and (c) the Agent will promptly distribute to the Lenders in immediately available funds payments received in fully collected, immediately available funds from any Borrowerthe Borrowers.
Appears in 1 contract
Pro Rata Payments. Except as otherwise provided herein, ----------------- (a) each payment on account of the principal of and interest on the Revolving Loans and the fees described in Section 2.10 3.10 shall be made to the ------------ Agent for the account of the Lenders pro rata based on their Applicable Commitment Percentages, (b) all payments to be made by any the Borrower for the account of each of the Lenders on account of principal, interest and fees, shall be made without diminution, setoff, recoupment or counterclaim, and (c) the Agent will promptly distribute to the Lenders in immediately available funds payments received in fully collected, immediately available funds from any the Borrower.
Appears in 1 contract
Pro Rata Payments. Except as otherwise provided herein, (a) each ----------------- payment on account of the principal of and interest on the Revolving Loans and the fees described in Section 2.10 shall be made to the Agent for the account of ------------ the Lenders pro rata based on their Applicable Commitment Percentages, (b) all payments to be made by any the Borrower for the account of each of the Lenders on account of principal, interest and fees, shall be made without diminution, setoff, recoupment or counterclaim, and (c) the Agent will promptly distribute to the Lenders in immediately available funds payments received in fully collected, immediately available funds from any the Borrower.
Appears in 1 contract
Pro Rata Payments. Except as otherwise provided herein, (a) each payment on account of the principal of and interest on the Loans and the fees described in Section 2.10 2.9 and the first sentence of Section 3.3(a) shall be made to the Agent for the account of the Lenders pro rata based on their Applicable Commitment Percentages, (b) all payments to be made by any the Borrower for the account of each of the Lenders on account of principal, interest and fees, shall be made without diminution, setoff, recoupment or counterclaim, and (c) the Agent will promptly distribute to the Lenders in immediately available funds payments received in fully collected, immediately available funds from any the Borrower.
Appears in 1 contract
Pro Rata Payments. Except as otherwise provided herein, (a) each payment on account of the principal of and interest on the Revolving Loans and the fees described in Section 2.10 shall be made to the Administrative Agent for the account of the Lenders pro rata based on their Applicable Commitment Percentages, (b) all payments to be made by any the Borrower for the account of each of the Lenders on account of principal, interest and fees, shall be made without diminution, setoff, recoupment or counterclaim, and (c) the Administrative Agent will promptly distribute to the Lenders in immediately available funds payments received in fully collected, immediately available funds from any the Borrower.
Appears in 1 contract
Pro Rata Payments. Except as otherwise provided herein, (a) each ----------------- payment on account of the principal of and interest on the 364 Day Loans and the fees described in Section 2.10 shall be made to the Administrative Agent for the ------------ account of the Lenders pro rata based on their Applicable Commitment Percentages, (b) all payments to be made by any the Borrower for the account of each of the Lenders on account of principal, interest and fees, shall be made without diminution, setoff, recoupment or counterclaim, and (c) the Administrative Agent will promptly distribute to the Lenders in immediately available funds payments received in fully collected, immediately available funds from any the Borrower.
Appears in 1 contract
Samples: Guaranty Agreement (Ameristeel Corp)
Pro Rata Payments. Except as otherwise provided herein, (a) each payment on account of the principal of and interest on the Loans and the fees described in Section 2.10 each Term Loan shall be made to the Agent for the account of the Lenders pro rata based on their Applicable Commitment PercentagesPercentages of such Term Loan, (b) all payments to be made by any the Borrower for the account of each of the Lenders on account of principal, interest and fees, shall be made without diminution, setoffset-off, recoupment or counterclaim, and (c) the Agent will promptly distribute to the Lenders in immediately available funds payments received in fully collected, immediately available funds from any the Borrower.
Appears in 1 contract
Pro Rata Payments. Except as otherwise provided herein, (a) each ----------------- payment on account of the principal of and interest on the Loans and the fees described in Section 2.10 3.10 shall be made to the Agent for the account of the ------------ Lenders pro rata based on their Applicable Commitment Percentages, (b) all payments to be made by any Borrower the Borrowers for the account of each of the Lenders on account of principal, interest and fees, shall be made without diminution, setoff, recoupment or counterclaim, and (c) the Agent will promptly distribute to the Lenders in immediately available funds payments received in fully collected, immediately available funds from any Borrowerthe Borrowers.
Appears in 1 contract
Pro Rata Payments. Except as otherwise provided herein, (a) ----------------- each payment on account of the principal of and interest on the Loans each of Term Loan A and the fees described in Section 2.10 Term Loan B shall be made to the Agent for the account of the Lenders pro rata based on their Applicable Commitment PercentagesPercentages of such Term Loan, (b) all payments to be made by any the Borrower for the account of each of the Lenders on account of principal, interest and fees, shall be made without diminution, setoffset- off, recoupment or counterclaim, and (c) the Agent will promptly distribute to the Lenders in immediately available funds payments received in fully collected, immediately available funds from any the Borrower.
Appears in 1 contract
Pro Rata Payments. Except as otherwise provided herein, ----------------- (a) each payment on account of the principal of and interest on the Loans each of Term Loan A and the fees described in Section 2.10 Term Loan B shall be made to the Agent for the account of the Lenders pro rata based on their Applicable Commitment PercentagesPercentages of such Term Loan, (b) all payments to be made by any the Borrower for the account of each of the Lenders on account of principal, interest and fees, shall be made without diminution, setoffset-off, recoupment or counterclaim, and (c) the Agent will promptly distribute to the Lenders in immediately available funds payments received in fully collected, immediately available funds from any the Borrower.
Appears in 1 contract
Pro Rata Payments. Except as otherwise provided herein, (a) each payment on account of the principal of and interest on the Revolving Loans or the Overadvance Facility Loans, and the fees described in Section 2.10 3.9 shall be made to the Agent for the account of the Lenders pro rata based on their Applicable Commitment Percentages, (b) all payments to be made by any Borrower the Borrowers for the account of each of the Lenders on account of principal, interest and fees, shall be made without diminution, setoff, recoupment or counterclaim, and (c) the Agent will promptly distribute to the Lenders in immediately available funds payments received in fully collected, immediately available funds from any Borrowerthe Borrowers.
Appears in 1 contract
Pro Rata Payments. Except as otherwise provided herein, (a) each payment on account of the principal of and interest on the Syndicated Loans and the fees described in Section 2.10 2.11 and the first sentence of Section 3.3(a) shall be made to the Agent for the account of the Lenders pro rata based on their Applicable Commitment Percentages, (b) all payments to be made by any the Borrower for the account of each of the Lenders on account of principal, interest and fees, shall be made without diminution, setoff, recoupment or counterclaim, and (c) the Agent will promptly distribute to the Lenders in immediately available funds payments received in fully collected, immediately available funds from any the Borrower.
Appears in 1 contract
Samples: Credit Agreement (Healthsouth Corp)