Common use of Time, Place and Manner Clause in Contracts

Time, Place and Manner. All payments due to the Administrative Agent under the Borrower Loan Documents shall be made to the Administrative Agent at the Administrative Agent's Office or to such other Person or at such other address as the Administrative Agent may designate by notice to the Borrower. All payments due to any Bank under the Borrower Loan Documents shall, in the case of payments on account of principal of or interest on the Loans or fees, be made to the Administrative Agent at the Administrative Agent's Office and, in the case of all other payments, be made directly to such Bank at its Domestic Lending Office or at such other address as such Bank may designate by notice to the Borrower. All payments due to any Bank under the Borrower Loan Documents, whether made to the Administrative Agent or directly to such Bank, shall be made for the account of, in the case of payments in respect of Eurodollar Rate Loans, such Bank's Eurodollar Lending Office and, in the case of all other payments, such Bank's Domestic Lending Office. A payment shall not be deemed to have been made on any day unless such payment has been received by the required Person, at the required place of payment, in Dollars in funds immediately available to such Person, no later than 1:00 p.m. (New York time) on such day; provided, however, that the failure of the Borrower to make any such payment by such time shall not constitute a Default hereunder so long as such payment is received no later than 3:00 p.m. (New York time) on such day, but any such payment received later than 1:00 p.m. (New York time) on such day shall be deemed to have been made on the next Business Day for the purpose of calculating interest on the amount paid.

Appears in 2 contracts

Samples: Credit Agreement (Comcast Cellular Holdings Inc), Credit Agreement (Comcast Cellular Holdings Inc)

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Time, Place and Manner. All payments due to the Administrative Agent under the Borrower Loan Documents shall be made to the Administrative Agent at the Administrative Agent's Office or to such other Person or at such other address as the Administrative Agent may designate by notice to the Borrower. All payments due to any Bank under the Borrower Loan Documents shall, in the case of payments on account of principal of or interest on the Loans or fees, be made to the Administrative Agent at the Administrative Agent's Office and, in the case of all other payments, be made directly to such Bank at its Domestic Lending Office or at such other address as such Bank may designate by notice to the Borrower. All payments due to any Bank under the Borrower Loan Documents, whether made to the Administrative Agent or directly to such Bank, shall be made for the account of, in the case of payments in respect of Eurodollar Rate Loans, such Bank's Eurodollar Lending Office and, in the case of all other payments, such Bank's Domestic Lending Office. A payment shall not be deemed to have been made on any day unless such payment has been received by the required Person, at the required place of payment, in Dollars in funds immediately available to such PersonPerson at such place, no later than 1:00 p.m. 12:00 noon (New York time) on such day; provided, however, that the failure of the Borrower to make any such payment by -------- ------- such time shall not constitute a Default hereunder so long as such payment is received no later than 3:00 p.m. (New York time) on such day, but any such payment received later than 1:00 p.m. 12:00 noon (New York time) on such day shall be deemed to have been made on the next Business Day for the purpose of calculating interest on the amount paid, which interest, in the case of any such payment received later than 3:00 p.m. (New York time), shall be calculated for such one- day period on the basis of the applicable Post-Default Rate.

Appears in 1 contract

Samples: Credit Agreement (Primestar Inc)

Time, Place and Manner. All payments due to the Administrative Agent under the Borrower Loan Documents shall be made to the Administrative Agent at the Administrative Agent's Office or to such other Person or at such other address as the Administrative Agent may designate by notice to the Borrower. All payments due to the Issuing Bank under the Loan Documents shall be made to the Issuing Bank at the Issuing Bank's office or to such other Person or at such other address as the Issuing Agent may designate by notice to the Borrower or any Bank. All payments due to any Bank under the Borrower Loan Documents shall, in the case of payments on account of principal of or interest on the Loans or fees, be made to the Administrative Agent at the Administrative Agent's Office and, in the case of all other payments, be made directly to such Bank at its Domestic Lending Office or at such other address as such Bank may designate by notice to the Borrower. All payments due to any Bank under the Borrower Loan Documents, whether made to the Administrative Agent or directly to such Bank, shall be made for the account of, in the case of payments in respect of Eurodollar LIBO Rate Loans, such Bank's Eurodollar Lending Office and, in the case of all other payments, such Bank's Domestic Lending Office. A payment, other than a payment on account of a Drawing, shall not be deemed to have been made on any day unless such payment has been received by the required Person, at the required place of payment, in Dollars in funds immediately available to such PersonPerson at such place, no later than 1:00 p.m. 12:00 noon (New York time) on such day; provided, however, that the failure . A payment on account of the Borrower to make any such payment by such time a Drawing shall not constitute a Default hereunder so long as such payment is received no later than 3:00 p.m. (New York time) on such day, but any such payment received later than 1:00 p.m. (New York time) on such day shall be deemed to have been made on any day unless such payment has been received by the next Business Day for Issuing Bank at the purpose required place of calculating interest on payment, in Dollars, in funds immediately available to the amount paidIssuing Bank at such place, no later than, in the case of payments by the Borrower, the times specified in Section 1.09(a)(i) and, in the case of payments by a Bank, the times specified in Section 1.10(a).

Appears in 1 contract

Samples: Credit Agreement (Lechters Inc)

Time, Place and Manner. All payments due to the Administrative Agent under the Borrower Loan Documents shall be made to the Administrative Agent at the office designated by the Administrative Agent's Office Agent on the signature pages hereto or to such other Person or at such other address as the Administrative Agent may designate by written notice to J & J on behalf of the BorrowerBorrowers. All payments due to any Bank Lender under the Borrower Loan Documents shall, in the case of payments on account of principal of or interest on the Loans or fees, be made to the Administrative Agent at the Administrative Agent's Office and, in the case of all other payments, be made directly to such Bank at its Domestic Lending Office or at such other address as such Bank may designate by notice to the Borrower. All payments due to any Bank under the Borrower Loan Documents, whether made to the Administrative Agent or directly to such Banka Lender, shall be made for the account of, in the case of payments in respect of Eurodollar LIBO Rate Loans, such BankLender's Eurodollar Lending Office and, in the case of all other payments, such BankLender's Domestic Lending Office. A Except as otherwise set forth in this Agreement, a payment shall not be deemed to have been made on any day unless such payment has been received by the required Person, at the required place of payment, in Dollars in funds immediately available to such Person, no later than 1:00 p.m. (New York Philadelphia, Pennsylvania time) on such day; provided, however, that the failure of the Borrower Borrowers to make any such payment by such time shall not constitute a Default hereunder so long as such payment is received no later than 3:00 p.m. (New York Philadelphia, Pennsylvania time) on such day, but any such payment received later than 1:00 p.m. (New York Philadelphia, Pennsylvania time) on such day shall be deemed to have been made on the next Business Day for the purpose of calculating interest on the amount paid, provided further, that any such payment made with the proceeds of Loans shall be deemed to have been made on the date of the making of such Loans, so long as such proceeds are immediately so applied and are not otherwise disbursed to the Borrowers.

Appears in 1 contract

Samples: Credit Agreement (J&j Snack Foods Corp)

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Time, Place and Manner. All payments due to the Administrative Agent and the Lenders under this Agreement, the Borrower Notes and the other Loan Documents shall be made to the Administrative Agent at the Administrative Agent's Agent Office or to such other Person or at such other address as the Administrative Agent may designate by written notice to the BorrowerBorrowers. All payments due to any Bank under the Borrower Loan Documents shall, in the case of payments on account of principal of or interest on the Loans or fees, be made to Until further notice from the Administrative Agent at and except as otherwise provided herein, all such payments shall be made by charging the Borrowers' deposit account with the Administrative Agent's Office and. Except as otherwise set forth in this Agreement, in the case of all other payments, be made directly to such Bank at its Domestic Lending Office or at such other address as such Bank may designate by notice to the Borrower. All payments due to any Bank under the Borrower Loan Documents, whether made to the Administrative Agent or directly to such Bank, shall be made for the account of, in the case of payments in respect of Eurodollar Rate Loans, such Bank's Eurodollar Lending Office and, in the case of all other payments, such Bank's Domestic Lending Office. A a payment shall not be deemed to have been made on any day unless such payment has been received by the required Person, at the required place of payment, payment in Dollars in funds immediately available to such Person, no later than 1:00 12:00 p.m. (New York time) Prevailing Time on such day; provided, however, that the failure of the Borrower Borrowers to make any such payment by such time shall not constitute a Default hereunder so long as such payment is received no later than 3:00 p.m. (New York time) Prevailing Time on such day, but any such payment received later than 1:00 12:00 p.m. (New York time) Prevailing Time on such day shall be deemed to have been made on the next Business Day for the purpose of calculating interest on the amount paid, provided further, that any such payment made with the proceeds of Loans shall be deemed to have been made on the date of the making of such Loans, so long as such proceeds are immediately so applied and are not otherwise disbursed to the Borrowers.

Appears in 1 contract

Samples: Credit and Security Agreement (Maritrans Inc /De/)

Time, Place and Manner. All payments due to the Administrative Agent under the Borrower Loan Documents shall be made to the Administrative Agent at the office designated by the Administrative Agent's Office Agent on the signature pages hereto or to such other Person or at such other address as the Administrative Agent may designate by written notice to Genesis (on behalf of the BorrowerBorrowers). All payments due to any Bank Lender under the Borrower Loan Documents shall, in the case of payments on account of principal of or interest on the Loans or fees, be made to the Administrative Agent at the Administrative Agent's Office and, in the case of all other payments, be made directly to such Bank at its Domestic Lending Office or at such other address as such Bank may designate by notice to the Borrower. All payments due to any Bank under the Borrower Loan Documents, whether made to the Administrative Agent or directly to such Banka Lender or the Issuer, shall be made for the account of, in the case of payments in respect of Eurodollar LIBO Rate Loans, such BankLender's or Issuer's Eurodollar Lending Office and, in the case of all other payments, such BankLender's or Issuer's Domestic Lending Office. A Except as otherwise set forth in this Agreement, a payment shall not be deemed to have been made on any day unless such payment has been received by the required Person, at the required place of payment, in Dollars in funds immediately available to such Person, no later than 1:00 p.m. (New York Philadelphia, Pennsylvania time) on such day; provided, however, that the failure of the Borrower Borrowers to make any such payment by such time shall not constitute a Default hereunder so long as such payment is received no later than 3:00 p.m. (New York Philadelphia, Pennsylvania time) on such day, but any such payment received later than 1:00 p.m. (New York Philadelphia, Pennsylvania time) on such day shall be deemed to have been made on the next Business Day for the purpose of calculating interest on the amount paid, provided further, that any such payment made with the proceeds of Loans shall be deemed to have been made on the date of the making of such Loans, so long as such proceeds are immediately so applied and are not otherwise disbursed to the Borrowers.

Appears in 1 contract

Samples: Credit Agreement (Genesis Eldercare Acquisition Corp)

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