Common use of Manner of Payment Clause in Contracts

Manner of Payment. Except as otherwise provided herein, each payment (including repayments described in Article II) by the Borrower on account of the principal of or interest on the Loans or of any fee, commission or other amounts payable to the Lenders under this Agreement or any Revolving Credit Note shall be made not later than 1:00 p.m. (Charlotte time) on the date specified for payment under this Agreement to the Administrative Agent for the account of the Lenders pro rata in accordance with their respective Commitment Percentages at the Administrative Agent's Office, in Dollars, in immediately available funds and shall be made without any set-off, counterclaim or deduction whatsoever. Any payment received after such time but before 2:00 p.m. (Charlotte time) on such day shall be deemed a payment on such date for the purposes of Section 10.1, but for all other purposes shall be deemed to have been made on the next succeeding Business Day. Any payment received after 2:00 p.m. (Charlotte time) shall be deemed to have been made on the next succeeding Business Day for all purposes. Upon receipt by the Administrative Agent of each such payment, the Administrative Agent shall credit each Lender's account with its pro rata share of such payment in accordance with such Lender's Commitment Percentage and shall wire advice of the amount of such credit to each Lender. Subject to Section 3.1(b)(ii), if any payment under this Agreement or any Revolving Credit Note shall be specified to be made upon a day which is not a Business Day, it shall be made on the next succeeding day which is a Business Day and such extension of time shall in such case be included in computing any interest if payable along with such payment.

Appears in 19 contracts

Samples: Credit Agreement (Cooper River Properties LLC), Credit Agreement (Cooper River Properties LLC), Credit Agreement (Cooper River Properties LLC)

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Manner of Payment. Except as otherwise provided herein, each Each payment (including repayments described in Article II) by the Borrower on account of the principal of or interest on the Loans Construction Loan Advances or of any fee, commission or other amounts payable to the Lenders under this Agreement or any Revolving Credit Construction Loan Note shall be made not later than 1:00 p.m. (Charlotte time) on the date specified for payment under this Agreement to the Administrative Agent at the Administrative Agent's Office for the account of the Lenders (other than as set forth below) pro rata in accordance with their respective Commitment Percentages at the Administrative Agent's Office(except as specified below), in Dollars, in immediately available funds and shall be made without any condition, set-off, counterclaim counterclaim, recoupment or deduction whatsoever. Any payment received after such time but before 2:00 p.m. (Charlotte time) on such day shall be deemed a payment on such date for the purposes of Section 10.1, but for all other purposes shall be deemed to have been made on the next succeeding Business Day. Any payment received after 2:00 p.m. (Charlotte time) shall be deemed to have been made on the next succeeding Business Day for all purposes. Upon receipt by the Administrative Agent of each such payment, the Administrative Agent shall credit distribute to each Lender's account with Lender at its address for notices set forth herein its pro rata share of such payment in accordance with such Lender's Commitment Percentage (except as specified below) and shall wire advice of the amount of such credit to each Lender. Each payment to the Administrative Agent of Administrative Agent's fees or expenses shall be made for the account of the Administrative Agent and any amount payable to any Lender under Sections 3.8, 3.9, 3.10, 3.11 or 12.2 shall be paid to the Administrative Agent for the account of the applicable Lender. Subject to Section 3.1(b)(ii), ) if any payment under this Agreement or any Revolving Credit Construction Loan Note shall be specified to be made upon a day which is not a Business Day, it shall be made on the next succeeding day which is a Business Day and such extension of time shall in such case be included in computing any interest if payable along with such payment.

Appears in 4 contracts

Samples: Loan Agreement (Medcath Corp), Loan Agreement (Medcath Corp), Loan Agreement (Medcath Corp)

Manner of Payment. Except as otherwise provided herein, each Each payment (including repayments described in Article II) by the Borrower on account of the principal of or interest on the Loans Loan or of any fee, commission or other amounts payable to the Lenders Lender under this Agreement Agreement, the Note or any Revolving Credit Note Mortgage shall be made not later than 1:00 3:00 p.m. (Charlotte New York time) on the date specified for payment under this Agreement such document or instrument, as applicable, to the Administrative Agent Lender at the Lender’s Office for the account of the Lenders pro rata in accordance with their respective Commitment Percentages at the Administrative Agent's OfficeLender (except as specified below), in Dollars, in immediately available funds and shall be made without any set-off, counterclaim or deduction whatsoever. Any payment received after such time but before 2:00 4:00 p.m. (Charlotte New York time) on such day shall be deemed a payment on such date for the purposes of Section 10.110.01, but for all other purposes shall be deemed to have been made on the next succeeding Business Day. Any payment received after 2:00 4:00 p.m. (Charlotte New York time) shall be deemed to have been made on the next succeeding Business Day for all purposes. Upon receipt by the Administrative Agent of each such payment, the Administrative Agent shall credit each Lender's account with its pro rata share of such payment in accordance with such Lender's Commitment Percentage and shall wire advice of the amount of such credit to each Lender. Subject to Section 3.1(b)(ii), if If any payment under this Agreement Agreement, the Note or any Revolving Credit Note Mortgage shall be specified to be made upon a day which is not a Business Day, it shall be made on the next succeeding day which is a Business Day Day, and such extension of time shall in such case be included in computing any interest if payable along with such payment. Borrower hereby grants to the Lender the right to make withdrawals from the Operating Account to make payments on the Obligations as and when due hereunder.

Appears in 4 contracts

Samples: Loan and Security Agreement (Griffin Industrial Realty, Inc.), Master Lease (Griffin Industrial Realty, Inc.), Loan and Security Agreement (Griffin Land & Nurseries Inc)

Manner of Payment. Except as otherwise provided herein, each Each payment (including repayments described in Article II) by the Borrower on account of the principal of or interest on the Term Loans or of any fee, commission or other amounts payable to the Lenders under this Agreement or any Revolving Credit Term Note shall be made not later than 1:00 p.m. (Charlotte time) on the date specified for payment under this Agreement to the Administrative Agent at the Administrative Agent's Office for the account of the Lenders (other than as set forth below) pro rata in accordance with their respective Commitment Percentages at the Administrative Agent's Office(except as specified below), in Dollars, in immediately available funds and shall be made without any condition, set-off, counterclaim counterclaim, recoupment or deduction whatsoever. Any payment received after such time but before 2:00 p.m. (Charlotte time) on such day shall be deemed a payment on such date for the purposes of Section 10.1, but for all other purposes shall be deemed to have been made on the next succeeding Business Day. Any payment received after 2:00 p.m. (Charlotte time) shall be deemed to have been made on the next succeeding Business Day for all purposes. Upon receipt by the Administrative Agent of each such payment, the Administrative Agent shall credit distribute to each Lender's account with Lender at its address for notices set forth herein its pro rata share of such payment in accordance with such Lender's Commitment Percentage (except as specified below) and shall wire advice of the amount of such credit to each Lender. Subject to Section 3.1(b)(ii), if any payment under this Agreement or any Revolving Credit Note shall be specified to be made upon a day which is not a Business Day, it shall be made on the next succeeding day which is a Business Day and such extension of time shall in such case be included in computing any interest if payable along with such payment.of

Appears in 3 contracts

Samples: Loan Agreement (Medcath Corp), Loan Agreement (Medcath Corp), Loan Agreement (Medcath Corp)

Manner of Payment. Except as otherwise provided herein, each Each payment (including repayments described in Article II) by the Borrower on account of the principal of or interest on the Loans or of any fee, commission or other amounts payable to the Lenders under this Agreement or any Revolving Credit Note shall be made not later than 1:00 p.m. (Charlotte time) on the date specified for payment under this Agreement to the Administrative Agent at the Administrative Agent's Office for the account of the Lenders (other than as set forth below) pro rata in accordance with their respective applicable Commitment Percentages at the Administrative Agent's OfficePercentages, in Dollars, in immediately available funds and shall be made without any set-off, counterclaim or deduction whatsoever. Any payment received after such time but before 2:00 p.m. (Charlotte time) on such day shall be deemed a payment on such date for the purposes of Section 10.111.1, but for all other purposes shall be deemed to have been made on the next succeeding Business Day. Any payment received after 2:00 p.m. (Charlotte time) shall be deemed to have been made on the next succeeding Business Day for all purposes. Upon receipt by the Administrative Agent of each such payment, the Administrative Agent shall credit distribute to each Lender's account with Lender at its address for notices set forth herein its pro rata share of such payment in accordance with such Lender's applicable Commitment Percentage and shall wire advice of the amount of such credit to each Lender. Each payment to the Administrative Agent of Administrative Agent's fees or expenses shall be made for the account of the Administrative Agent and any amount payable to any Lender under Sections 4.14, 4.15, 4.16, 4.17 or 13.2 shall be paid to the Administrative Agent for the account of the applicable Lender. Subject to Section 3.1(b)(ii4.7(b)(ii), if any payment under this Agreement or any Revolving Credit Note shall be specified to be made upon a day which is not a Business Day, it shall be made on the next succeeding day which is a Business Day and such extension of time shall in such case be included in computing any interest if payable along with such payment.

Appears in 3 contracts

Samples: Credit Agreement (Suburban Propane Partners Lp), Credit Agreement (Suburban Propane Partners Lp), Credit Agreement (Suburban Propane Partners Lp)

Manner of Payment. Except All Rent payable by the Lessee to the Lessor hereunder shall be paid to the Lessor at its principal office at One Xxxxxx Square, 000 Xxxx Xxxxxx, Xxxxx 000, Xxxxxxxxxx, Xxxxxxxx, 00000, Attention: Corporate Trust Administration, or to such other address as otherwise provided hereinthe Lessor shall specify in a notice to the Lessee, in Dollars in immediately available funds, so that the Lessor receives the full amount of each payment (including repayments described in Article II) by the Borrower on account of the principal of or interest not later than 12:00 noon Eastern Time on the Loans or of any feedue date thereof, commission or other amounts except that so long as the Indenture shall not have terminated pursuant to its terms, all Rent payable to the Lenders under this Agreement or any Revolving Credit Note shall be made not later Lessor (other than 1:00 p.m. (Charlotte time) on the date specified for payment under this Agreement to the Administrative Agent for the account of the Lenders pro rata in accordance with their respective Commitment Percentages at the Administrative Agent's Office, in Dollars, in immediately available funds and shall be made without any set-off, counterclaim or deduction whatsoever. Any payment received after such time but before 2:00 p.m. (Charlotte time) on such day shall be deemed a payment on such date for the purposes of Section 10.1, but for all other purposes shall be deemed to have been made on the next succeeding Business Day. Any payment received after 2:00 p.m. (Charlotte timeExcepted Payments) shall be deemed paid to have been made the Indenture Trustee, in the manner provided above, at its principal office as specified in Section 12.01 of the Participation Agreement, or as the Indenture Trustee may otherwise direct by a notice delivered to the Lessee prior to the date of payment. If any Rent is due on a day that is not a Business Day, such Rent shall be paid on the next succeeding Business Day for all purposes. Upon receipt by with the Administrative Agent same force and effect as if paid on the scheduled date of each payment and (if paid on such payment, the Administrative Agent next succeeding Business Day) no interest shall credit each Lender's account with its pro rata share of such payment in accordance with such Lender's Commitment Percentage and shall wire advice of accrue on the amount of such credit payment from and after such scheduled date to each Lenderthe time of payment on such next succeeding Business Day. Subject to Section 3.1(b)(ii)Whether or not the Indenture remains in effect, if any payment under this Agreement or any Revolving Credit Note Rent constituting Excepted Payments shall be paid directly to the Person entitled thereto in the manner and at or before the time specified to be made upon a day which is not a Business Day, it shall be made on the next succeeding day which is a Business Day and such extension of time shall in such case be included in computing any interest if payable along with such paymentabove.

Appears in 2 contracts

Samples: Note Purchase Agreement (Midway Airlines Corp), Lease Agreement (Midway Airlines Corp)

Manner of Payment. Except as otherwise provided herein, each Each payment (including repayments described in Article II) by the Borrower on account of the principal of or interest on the Loans or of any fee, commission or other amounts payable to the Lenders under this Agreement or any Revolving Credit Note shall be made not later than 1:00 p.m. (Charlotte time) on the date specified for payment under this Agreement to the Administrative Agent at the Administrative Agent’s office for the account of the Lenders (other than as set forth below) pro rata in accordance with their respective applicable Commitment Percentages at the Administrative Agent's OfficePercentages, in Dollars, in immediately available funds and shall be made without any set-off, counterclaim or deduction whatsoever. Any payment received after such time but before 2:00 p.m. (Charlotte time) on such day shall be deemed a payment on such date for the purposes of Section 10.111.01, but for all other purposes shall be deemed to have been made on the next succeeding Business Day. Any payment received after 2:00 p.m. (Charlotte time) shall be deemed to have been made on the next succeeding Business Day for all purposes. Upon receipt by the Administrative Agent of each such payment, the Administrative Agent shall credit distribute to each Lender's account with Lender at its address for notices set forth herein its pro rata share of such payment in accordance with such Lender's ’s applicable Commitment Percentage and shall wire advice of the amount of such credit to each Lender. Subject Each payment to Section 3.1(b)(ii), if any payment under this Agreement the Administrative Agent of Administrative Agent’s fees or any Revolving Credit Note expenses shall be specified made for the account of the Administrative Agent and any amount payable to any Lender under Sections 4.13, 4.14, 4.15, 4.16 or 13.02 shall be paid to the Administrative Agent for the account of the applicable Lender. Any payment required to be made upon under Section 4.02 that is due on a day which date that is not a Business Day, it Day shall be made due on the next succeeding day which is a Business Day and such extension of time shall in such case be included in computing any interest if payable along with such paymentDay.

Appears in 2 contracts

Samples: Credit Agreement (Inergy L P), Credit Agreement (Inergy L P)

Manner of Payment. Except as otherwise provided herein, each Each payment (including repayments described in Article II) by the Borrower Borrowers on account of the principal of or interest on the Loans or of any fee, commission or other amounts (including the Reimbursement Obligation) payable to the Lenders under this Agreement or any Revolving Credit Note shall be made not later than 1:00 p.m. (Charlotte time) on the date specified for payment under this Agreement to the Administrative Agent at the Administrative Agent’s Office for the account of the Lenders (other than as set forth below) pro rata in accordance with their respective Commitment Percentages at the Administrative Agent's OfficePercentages, (except as specified below), in Dollars, in immediately available funds and shall be made without any set-offsetoff, counterclaim or deduction whatsoever. Any payment received after such time but before 2:00 p.m. (Charlotte time) on such day shall be deemed a payment on such date for the purposes of Section 10.1, but for all other purposes shall be deemed to have been made on the next succeeding Business Day. Any payment received after 2:00 p.m. (Charlotte time) shall be deemed to have been made on the next succeeding Business Day for all purposes. Upon receipt by the Administrative Agent of each such payment, the Administrative Agent shall credit distribute to each Lender's account with Lender at its address for notices set forth herein its pro rata share of such payment in accordance with such Lender's ’s Commitment Percentage Percentage, (except as specified below) and shall wire advice of the amount of such credit to each Lender. Each payment to the Administrative Agent of the applicable Issuing Bank’s fees or L/C Participants’ commissions shall be made in like manner, but for the account of such Issuing Bank or the L/C Participants, as the case may be. Each payment to the Administrative Agent of Administrative Agent’s fees or expenses shall be made for the account of the Administrative Agent and any amount payable to any Lender under Sections 4.9, 4.10, 4.11 or 12.3 shall be paid to the Administrative Agent for the account of the applicable Lender. Subject to Section 3.1(b)(ii), 4.1(b)(ii) if any payment under this Agreement or any Revolving Credit Note shall be specified to be made upon a day which is not a Business Day, it shall be made on the next succeeding day which is a Business Day and such extension of time shall in such case be included in computing any interest if payable along with such payment.

Appears in 2 contracts

Samples: Credit Agreement (Broadview Networks Holdings Inc), Credit Agreement (Broadview Networks Holdings Inc)

Manner of Payment. Except as otherwise provided herein, each Each payment (including repayments described in Article II) by the Borrower Borrowers on account of the principal of or interest on the Loans or of any fee, commission or other amounts payable to the Lenders under this Agreement or any Revolving Credit Note shall be made not later than 1:00 p.m. (Charlotte time) on the date specified for payment under this Agreement to the Administrative Agent at the Agent's Office for the account of the Lenders (other than as set forth below) pro rata in accordance with their respective Commitment Percentages at the Administrative Agent's OfficePercentages, in Dollars, in immediately available funds and shall be made without any set-off, counterclaim or deduction whatsoever. Any payment received after such time but before 2:00 p.m. (Charlotte time) on such day shall be deemed a payment on such date for the purposes of Section 10.1, but for all other purposes shall be deemed to have been made on the next succeeding Business Day. Any payment received after 2:00 p.m. (Charlotte time) shall be deemed to have been made on the next succeeding Business Day for all purposes. Upon receipt by the Administrative Agent of each such payment, the Administrative Agent shall credit distribute to each Lender's account with Lender at its address for notices set forth herein its pro rata share of such payment in accordance with such Lender's Commitment Percentage and shall wire advice of the amount of such credit to each Lender. Subject Each payment to the Agent of Agent's fees or expenses shall be made for the account of the Agent and any amount payable to any Lender under Sections 3.8, 3.9, 3.10, 3.11 or 12.2 shall be paid to the Agent for the account of the applicable Lender. Other than as set forth in Section 3.1(b)(ii3.1(b), if the due date of any payment under this Agreement or any Revolving Credit Note shall be specified to be made upon other Loan Document would otherwise fall on a day which is not a Business Day, it Day such date shall be made on extended to the next succeeding day which is a Business Day and interest shall be payable for the period of such extension of time shall in such case be included in computing any interest if payable along with such paymentextension.

Appears in 2 contracts

Samples: Credit Agreement (Rare Hospitality International Inc), Credit Agreement (Rare Hospitality International Inc)

Manner of Payment. Except as otherwise provided herein, each Each payment (including repayments described in Article II) by the Borrower Borrowers on account of the principal of or interest on the Loans or of any fee, commission or other amounts payable to the Lenders under this Agreement or any Revolving Credit Note shall be made not later than 1:00 p.m. (Charlotte time) on the date specified for payment under this Agreement to the Administrative Agent at the Administrative Agent’s Office for the account of the Lenders (other than as set forth below) pro rata in accordance with their respective Revolving Credit Commitment Percentages at the Administrative Agent's OfficePercentages, (except as specified below), in Dollars, in immediately available funds and shall be made without any set-off, counterclaim or deduction whatsoever. Any payment received after such time but before 2:00 p.m. (Charlotte time) on such day shall be deemed a payment on such date for the purposes of Section 10.1, 11.1. but for all other purposes shall be deemed to have been made on the next succeeding Business Day. Any payment received after 2:00 p.m. (Charlotte time) shall be deemed to have been made on the next succeeding Business Day for all purposes. Upon receipt by the Administrative Agent of each such payment, the Administrative Agent shall credit distribute to each Lender's account with Lender at its address for notices set forth herein its pro rata share of such payment in accordance with such Lender's ’s Revolving Credit Commitment Percentage (except as specified below) and shall wire advice of the amount of such credit to each Lender. Each payment to the Administrative Agent of Administrative Agent’s fees or expenses shall be made for the account of the Administrative Agent and any amount payable to any Lender under Sections 4.9, 4.10, 4.11 or 13.3 shall be paid to the Administrative Agent for the account of the applicable Lender. Subject to Section 3.1(b)(ii4.1(c), if any payment under this Agreement or any Revolving Credit Note shall be specified to be made upon a day which is not a Business Day, it shall be made on the next succeeding day which is a Business Day and such extension of time shall in such case be included in computing any interest if payable along with such payment.

Appears in 2 contracts

Samples: Assignment and Assumption (Family Dollar Stores Inc), Day Credit Agreement (Family Dollar Stores Inc)

Manner of Payment. Except as otherwise provided herein, each Each payment (including repayments described in Article II) by the Borrower on account of the principal of or interest on the Loans or of any fee, commission or other amounts payable to the Lenders under this Agreement or any Revolving Credit Note shall be made not later than 1:00 p.m. (Charlotte time) on the date specified for payment under this Agreement to the Administrative Agent at the Agent’s office for the account of the Lenders pro rata in accordance with their respective Commitment Percentages at the Administrative Agent's Office, entitled to such payment in Dollars, in immediately available funds and shall be made without any set-set off, counterclaim or deduction whatsoever. Any payment received after such time but before 2:00 p.m. (Charlotte time) on such day shall be deemed a payment on such date for the purposes of Section 10.1Articles 7 and 8, but for all other purposes shall be deemed to have been made on the next succeeding Business Day. Any payment received after 2:00 p.m. (Charlotte time) shall be deemed to have been made on the next succeeding Business Day for all purposes. Upon receipt by the Administrative Agent of each such payment, the Administrative Agent shall credit distribute to each Lender's account with such Lender at its pro rata share address for notices set forth herein its Pro Rata Share of such payment in accordance with such Lender's Commitment Percentage and shall wire advice of the amount of such credit to each Lender. Each payment to the Agent of Agent’s fees or expenses shall be made for the account of the Agent and any amount payable to any Lender under Sections 2.13, 2.14, 2.15 or 9.3 shall be paid to the Agent for the account of the applicable Lender. Subject to Section 3.1(b)(ii)the definition of Interest Period, if any payment under this Agreement or any Revolving Credit Note shall be specified to be made upon a day which is not a Business Day, it shall be made on the next succeeding day which is a Business Day and such extension of time shall in such case be included in computing any interest if payable along with such payment. Notwithstanding the foregoing, if there exists a Defaulting Lender each payment by the Borrower to such Defaulting Lender hereunder shall be applied in accordance with Section 2.20(a)(ii).

Appears in 2 contracts

Samples: Term Loan Credit Agreement (Delek US Holdings, Inc.), Term Loan Credit Agreement (Delek US Holdings, Inc.)

Manner of Payment. Except as otherwise provided herein, each Each payment (including repayments described in Article II) by the Borrower Borrowers on account of the principal of or interest on the Loans or of any fee, commission or other amounts payable to the Lenders under this Agreement or any Revolving Credit Note shall be made not later than 1:00 p.m. (Charlotte time) on the date specified for payment under this Agreement to the Administrative Agent at the Administrative Agent’s Office for the account of the Lenders (other than as set forth below) pro rata in accordance with their respective Commitment Percentages at the Administrative Agent's OfficePercentages, (except as specified below), in Dollars, in immediately available funds and shall be made without any set-off, counterclaim or deduction whatsoever. Any payment received after such time but before 2:00 p.m. (Charlotte time) on such day shall be deemed a payment on such date for the purposes of Section 10.111.1, but for all other purposes shall be deemed to have been made on the next succeeding Business Day. Any payment received after 2:00 p.m. (Charlotte time) shall be deemed to have been made on the next succeeding Business Day for all purposes. Upon receipt by the Administrative Agent of each such payment, the Administrative Agent shall credit distribute to each Lender's account with Lender at its address for notices set forth herein its pro rata share of such payment in accordance with such Lender's ’s Commitment Percentage (except as specified below) and shall wire advice of the amount of such credit to each Lender. Each payment to the Administrative Agent of Administrative Agent’s fees or expenses shall be made for the account of the Administrative Agent and any amount payable to any Lender under Sections 4.9, 4.10, 4.11 or 13.3 shall be paid to the Administrative Agent for the account of the applicable Lender. Subject to Section 3.1(b)(ii4.1(c), if any payment under this Agreement or any Revolving Credit Note shall be specified to be made upon a day which is not a Business Day, it shall be made on the next succeeding day which is a Business Day and such extension of time shall in such case be included in computing any interest if payable along with such payment.

Appears in 2 contracts

Samples: Day Credit Agreement (Family Dollar Stores Inc), Day Credit Agreement (Family Dollar Stores Inc)

Manner of Payment. Except as otherwise provided herein, each Each payment (including repayments described in Article IIArticles II and III) by the Borrower on account of the principal of or interest on the Loans or of any fee, commission fee or other amounts payable to the Lenders under this Agreement or any Revolving Credit Note shall be made not later than 1:00 p.m. (Charlotte time) on the date specified for payment under this Agreement to the Administrative Agent for the account of the Lenders pro rata in accordance with their respective Commitment Percentages at the Administrative Agent's Office, in Dollars, in immediately available funds and shall be made without any set-off, counterclaim or deduction whatsoever. Any payment received after such time but before 2:00 p.m. (Charlotte time) on such day shall be deemed a payment on such date for the purposes of Section 10.111.1, but for all other purposes shall be deemed to have been made on the next succeeding Business Day. Any payment received after 2:00 p.m. (Charlotte time) shall be deemed to have been made on the next succeeding Business Day for all purposes. Upon receipt by the Administrative Agent of each such payment, payment the Administrative Agent shall credit each Lender's account with its pro rata share of such payment in accordance with such Lender's Commitment Percentage and shall wire advice of the amount of such credit to each Lender. Each payment to the Administrative Agent of Administrative Agent's fees or expenses shall be made for the account of the Administrative Agent. Subject to Section 3.1(b)(ii4.1(b)(ii), if any payment under this Agreement or any Revolving Credit Note shall be specified to be made upon a day which is not a Business Day, it shall be made on the next succeeding day which is a Business Day and such extension of time shall in such case be included in computing any interest if payable along with such payment.

Appears in 1 contract

Samples: Credit Agreement (Northland Cable Properties Six LTD Partnership)

Manner of Payment. Except as otherwise provided herein, each Each payment (including repayments described in Article II) by the Borrower Borrowers on account of the principal of or interest on the Loans or of any fee, commission or other amounts (including the Reimbursement Obligation) payable to the Lenders under this Agreement or any Revolving Credit Note shall be made not later than 1:00 2:00 p.m. (Charlotte time) on the date specified for payment under this Agreement to the Administrative Agent at the Administrative Agent's Office for the account of the Lenders pro rata in accordance with their respective Commitment Percentages at the Administrative Agent's Office(other than as specifically set forth below), in Dollars, in immediately available funds and shall be made without any set-off, counterclaim or deduction whatsoever. Any payment received after such time but before 2:00 3:00 p.m. (Charlotte time) on such day shall be deemed a payment on such date for the purposes of Section 10.111.1, but for all other purposes shall be deemed to have been made on the next succeeding Business Day. Any payment received after 2:00 3:00 p.m. (Charlotte time) shall be deemed to have been made on the next succeeding Business Day for all purposes. Upon receipt by the Administrative Agent of each such payment, the Administrative Agent shall credit distribute to each Lender's account with Lender at its address for notices set forth herein its pro rata share of such payment in accordance with such Lender's Commitment Percentage this Section 4.4 and shall wire advice of the amount of such credit to each Lender. Subject Each payment to Section 3.1(b)(ii), if any payment under this Agreement the Administrative Agent of the Issuing Lender's fees or any Revolving Credit Note shall be specified to be made upon a day which is not a Business Day, it L/C Participants' commissions shall be made on in like manner, but for the next succeeding day which is a Business Day account of the Issuing Lender or the L/C Participants, as the case may be. Each payment to the Administrative Agent of Administrative Agent's fees or expenses shall be made for the account of the Administrative Agent and such extension any amount payable to any Lender under Sections 4.8, 4.9, 4.10, 4.11 or 13.2 shall be paid to the Administrative Agent for the account of time shall in such case be included in computing any interest if payable along with such paymentthe applicable Lender.

Appears in 1 contract

Samples: Credit Agreement (Sholodge Inc)

Manner of Payment. Except as otherwise provided herein, each Each payment (including repayments described in Article II) by the Borrower on account of the principal of or interest on the Loans or of any fee, commission or other amounts (including the Reimbursement Obligation) payable to the Lenders under this Agreement or any Revolving Credit Note shall be made not later than 1:00 p.m. (Charlotte time) on the date specified for payment under this Agreement to the Administrative Agent at the Administrative Agent’s Office for the account of the Lenders (other than as set forth below) pro rata in accordance with their respective Commitment Percentages at the Administrative Agent's OfficePercentages, (except as specified below), in Dollars, in immediately available funds and shall be made without any set-off, counterclaim or deduction whatsoever. Any payment received after such time but before 2:00 p.m. (Charlotte time) on such day shall be deemed a payment on such date for the purposes of Section 10.112.1, but for all other purposes shall be deemed to have been made on the next succeeding Business Day. Any payment received after 2:00 p.m. (Charlotte time) shall be deemed to have been made on the next succeeding Business Day for all purposes. Upon receipt by the Administrative Agent of each such payment, the Administrative Agent shall credit promptly distribute to each Lender's account with Lender at its address for notices set forth herein its pro rata share of such payment in accordance with such Lender's ’s Commitment Percentage Percentage, (except as specified below) and shall wire advice of the amount of such credit to each Lender. Each payment to the Administrative Agent of the Issuing Lender’s fees or L/C Participants’ commissions shall be made in like manner, but for the account of the Issuing Lender or the L/C Participants, as the case may be. Each payment to the Administrative Agent of Administrative Agent’s fees or expenses shall be made for the account of the Administrative Agent and any amount payable to any Lender under Section 5.9, 5.10, 5.11 or 14.3 shall be paid to the Administrative Agent for the account of the applicable Lender. Subject to Section 3.1(b)(ii), 5.1(b)(ii) if any payment under this Agreement or any Revolving Credit Note shall be specified to be made upon a day which is not a Business Day, it shall be made on the next succeeding day which is a Business Day and such extension of time shall in such case be included in computing any interest if payable along with such payment.

Appears in 1 contract

Samples: Credit Agreement (PAS, Inc.)

Manner of Payment. Except as otherwise provided herein, each Each payment (including repayments described in Article II) by the Borrower a Credit Party on account of the principal of or interest on the Loans or of any fee, commission or other amounts (including the Reimbursement Obligation) payable to the Lenders under this Agreement or any Revolving Credit Note shall be made not later than 1:00 p.m. (Charlotte time) on the date specified for payment under this Agreement to the Administrative Agent at the Administrative Agent's Office for the account of the Lenders pro rata in accordance with their respective Commitment Percentages at the Administrative Agent's Office(other than as set forth below), in Dollars, in immediately available funds and shall be made without any set-off, counterclaim or deduction whatsoever. Any payment received after such time but before 2:00 p.m. Such payments shall be made no later than 12:00 noon (Charlotte San Francisco time) on such day shall be deemed a payment on such date for the purposes of Section 10.1, but for all other purposes shall be deemed to have been made on the next succeeding Business Dayrelevant date. Any payment received after 2:00 1:00 p.m. (Charlotte San Francisco time) shall be deemed to have been made on the next succeeding Business Day for all purposes. Upon receipt by Each payment to the Administrative Agent of each such paymentthe L/C Fees shall be made in like manner, but for the account of the applicable Issuing Lenders and L/C Participants. Each payment to the Administrative Agent of Administrative Agent's fees or expenses shall credit each be made for the account of the Administrative Agent and any amount payable to any Lender under Section 2.5, 4.8, 4.9, 4.10, 4.11 or 13.2 shall be paid to the Administrative Agent for the account of the applicable Lender's . The Administrative Agent shall distribute any such payments received by it for the account with its pro rata share of any other Lender to such payment in accordance with such Lender's Commitment Percentage Lender promptly following receipt thereof and shall wire advice of the amount of such credit to each such Lender. Subject to Section 3.1(b)(ii4.l(b)(ii), if any payment under this Agreement or any Revolving Credit Note shall be specified to be made upon a day which is not a Business Day, it shall be made on the next succeeding day which is a Business Day and such extension of time shall in such case be included in computing any interest if payable along with such payment.

Appears in 1 contract

Samples: Credit Agreement (Caraustar Industries Inc)

Manner of Payment. Except as otherwise provided herein, each Each payment (including repayments described in Article II) by the Borrower on account of the principal of or interest on the Loans or of any fee, commission or other amounts (including the Reimbursement Obligation) payable to the Lenders under this Agreement or any Revolving Credit the Note shall be made not later than 1:00 p.m. (Charlotte Maryland time) on the date specified for payment under this Agreement to the Administrative Agent at the Agent's Office for the account of the Lenders (other than as set forth below) pro rata in accordance with their respective Commitment Percentages at the Administrative Agent's OfficePercentages, in Dollars, in immediately available funds and shall be made without any set-set- off, counterclaim or deduction whatsoever. Any payment received after such time but before 2:00 p.m. (Charlotte Maryland time) on such day shall be deemed a payment on such date for the purposes of Section 10.1the Note, but for all other purposes shall be deemed to have been made on the next succeeding Business Day. Any payment received after 2:00 p.m. (Charlotte Maryland time) shall be deemed to have been made on the next succeeding Business Day for all purposes. Upon receipt by the Administrative Agent of each such payment, the Administrative Agent shall credit distribute to each Lender's account with Lender at its address for notices set forth herein its pro rata share of such payment in accordance with such Lender's Commitment Percentage and shall wire advice of the amount of such credit to each Lender. Subject Each payment to Section 3.1(b)(ii), if any payment under this Agreement the Agent of Agent's fees or any Revolving Credit Note shall be specified to be made upon a day which is not a Business Day, it expenses shall be made on for the next succeeding day which is a Business Day account of the Agent and such extension any amount payable to any Lender hereunder shall be paid to the Agent for the account of time shall in such case be included in computing any interest if payable along with such paymentthe applicable Lender.

Appears in 1 contract

Samples: Loan Agreement (Washington Homes Inc)

Manner of Payment. Except as otherwise provided herein, each Each payment (including repayments described in Article II) by the Borrower on account of the principal of or interest on the Loans or of any fee, commission or other amounts payable to the Lenders under this Agreement or any Revolving Credit Note shall be made not later than 1:00 p.m. (Charlotte time) on the date specified for payment under this Agreement to the Administrative Agent at the Agent's Office for the account of the Lenders (other than as set forth below) pro rata in accordance with their respective Commitment Percentages at the Administrative Agent's OfficePercentages, in Dollars, in immediately available funds and shall be made without any set-off, counterclaim or deduction whatsoever. Any payment received after such time but before 2:00 p.m. (Charlotte time) on such day shall be deemed a payment on such date for the purposes of Section 10.111.1, but for all other purposes shall be deemed to have been made on the next succeeding Business Day. Any payment received after 2:00 p.m. (Charlotte time) shall be deemed to have been made on the next succeeding Business Day for all purposes. Upon receipt by the Administrative Agent of each such payment, the Administrative Agent shall credit distribute to each Lender's account with Lender at its address for notices set forth in this Agreement its pro rata share of such payment in accordance with this Section 3.4 such Lender's Commitment Percentage and shall wire advice of the amount of such credit to each Lender. Subject Each payment to Section 3.1(b)(ii), if any payment under this Agreement the Agent of the Agent's fees or any Revolving Credit Note shall be specified to be made upon a day which is not a Business Day, it the expenses of the Agent or the Issuing Lender shall be made on for the next succeeding day which is a Business Day and such extension account of time the Agent. Each payment to the Agent of the Issuing Lender's fees or L/C Participants' commissions shall be made in such like manner, but for the account of the Issuing Lender or the L/C Participants, as the case may be. Any amount payable to any Lender under Section 3.7, 3.8, 3.12 or 13.2 shall be included in computing any interest if payable along with such paymentpaid to the Agent for the account of the applicable Lender.

Appears in 1 contract

Samples: Credit Agreement (Golf Trust of America Inc)

Manner of Payment. Except as otherwise provided herein, each Each payment (including repayments described in Article II) by the Borrower Borrowers on account of the principal of or interest on the Loans Loan or of any fee, commission or other amounts payable to the Lenders Lender under this Agreement or any Revolving Credit Note shall be made not later than 1:00 p.m. (Charlotte time) on the date specified for payment under this Agreement in same day funds and delivered to Lender via an electronic funds transfer to the Administrative Agent for the account of the Lenders pro rata specified in accordance with their respective Commitment Percentages writing by Lender, or, at the Administrative Agent's OfficeLender’s election, at Lender’s Office located at 100 Xxxxx Xxxxxx, New York, New York 10014, or such other place or in Dollarssuch other manner as Lender may from time to time designate in writing, in immediately available funds and shall be made without any set-set off, counterclaim or deduction whatsoever. Borrowers shall receive credit on the day of receipt for funds received by 5:00 pm Eastern Standard Time. Any payment received after such time but before 2:00 p.m. (Charlotte time) on such day shall be deemed a payment on such date for the purposes of Section 10.1, but for all other purposes shall be deemed to have been made on the next succeeding Business Day. Any payment received after 2:00 p.m. (Charlotte time) shall be deemed to have been made on the next succeeding Business Day for all purposes. Upon receipt by the Administrative Agent of each such payment, the Administrative Agent shall credit each Lender's account with its pro rata share of such payment in accordance with such Lender's Commitment Percentage and shall wire advice of the amount of such credit to each Lender. Subject to Section 3.1(b)(ii), if Whenever any payment under this Agreement or any Revolving Credit Note shall be specified to be made upon hereunder shall be stated to be due on a day which that is not a Business Day, it shall the payment may be made on the next succeeding day which is a Business Day and such extension of time shall in such case be included in computing the computation of the amount of interest due hereunder. All payments received under this Section 3.4 will be applied first to any fees or expenses to which Lender may be entitled, then to any outstanding interest if payable along with such paymentdue, then to any mandatory repayments due hereunder, and finally to voluntary prepayment of the Note as set forth herein.

Appears in 1 contract

Samples: Credit Agreement (FaceBank Group, Inc.)

Manner of Payment. Except as otherwise provided herein, each (a) Loans and Letters of Credit Denominated in Dollars. Each payment (including repayments described in Article II) by the Borrower on account of the principal of or interest on the Loans any Loan or Letter of Credit denominated in dollars or of any fee, commission or other amounts (including the Reimbursement Obligation with respect to any Letter of Credit denominated in dollars) payable to the Lenders under this Agreement or any Revolving Credit Note Loan (except as set forth in Section 2.11(b)) shall be made in dollars not later than 1:00 p.m. (Charlotte time) on the date specified for payment under this Agreement to the Administrative Agent for the account of the Lenders (except as set forth below) pro rata in accordance with their respective Commitment Pro Rata Percentages at the Administrative Agent's Office, in Dollars, (except as specified below) in immediately available funds and shall be made without any set-off, counterclaim or deduction whatsoever. Any payment received after such time but before 2:00 p.m. (Charlotte time) on such day shall be deemed a payment on such date for the purposes of Section 10.1Article VII, but for all other purposes shall be deemed to have been made on the next succeeding Business Day. Any payment received after 2:00 p.m. (Charlotte time) shall be deemed to have been made on the next succeeding Business Day for all purposes. Upon receipt by With respect to each Letter of Credit denominated in dollars, each payment to the Administrative Agent of each such payment, the Administrative Agent shall credit each Lender's account with its pro rata share of such payment in accordance with such Lender's Commitment Percentage and shall wire advice of the amount of such credit to each Lender. Subject to Section 3.1(b)(ii), if any payment under this Agreement Issuing Bank’s fees or any Revolving Credit Note shall be specified to be made upon a day which is not a Business Day, it L/C Participants’ commissions shall be made on in like manner, but for the next succeeding day which is a Business Day and such extension account of time shall in such the Issuing Bank or the L/C Participants, as the case be included in computing any interest if payable along with such paymentmay be.

Appears in 1 contract

Samples: Credit Agreement

Manner of Payment. Except as otherwise provided herein, each Each payment (including repayments described in Article II) by the Borrower on account of the principal of or interest on the Loans or Revolving Credit Loans, and each payment of any fee, commission or other amounts payable to the Lenders under this Agreement or any Revolving Credit Note shall be made not later than 1:00 p.m. (Charlotte time) on the date specified for payment under this Agreement to the Administrative Agent for the account of the Lenders pro rata ratably in accordance with their respective Revolving Credit Commitment Percentages Percentages, at the Administrative Agent's Office, in Dollars, in immediately available funds and shall be made without any set-off, counterclaim or deduction whatsoever. Any payment received after such time but before 2:00 p.m. (Charlotte time) on such day shall be deemed a payment on such date for the purposes of Section 10.1, but for all other purposes shall be deemed to have been made on the next succeeding Business Day. Any payment received after 2:00 p.m. (Charlotte time) shall be deemed to have been made on the next succeeding Business Day for all purposes. Upon receipt by the Administrative Agent of each such payment, the Administrative Agent shall credit each Lender's account with its pro rata ratable share of such payment in accordance with such Lender's Revolving Credit Commitment Percentage and shall wire advice of the amount of such credit to each Lender. Subject to Section 3.1(b)(ii)the definition of Interest Period contained herein, if any payment under this Agreement or any Revolving Credit Note shall be specified to be made upon a day which is not a Business Day, it shall be made on the next succeeding day which is a Business Day and such extension of time shall shall, except in such the case of a scheduled interest payment, be included in computing any interest if payable along with such paymentinterest.

Appears in 1 contract

Samples: Credit Agreement (Markel Corp)

Manner of Payment. Except as otherwise provided herein, each Each payment (including repayments described in Article II) by the Borrower on account of the principal of or interest on the Loans or of any fee, commission or other amounts (including the Reimbursement Obligation) payable to the Lenders under this Agreement or any Revolving Credit Note shall be made not later than 1:00 p.m. (Charlotte time) on the date specified for payment under this Agreement to the Administrative Agent at the Administrative Agent's Office for the account of the applicable Lenders (other than as set forth below) pro rata in accordance with their respective applicable Commitment Percentages at the Administrative Agent's OfficePercentages, (except as specified below), in Dollars, in immediately available funds and shall be made without any set-off, counterclaim or deduction whatsoever. Any payment received after such time but before 2:00 p.m. (Charlotte time) on such day shall be deemed a payment on such date for the purposes of Section 10.112.1, but for all other purposes shall be deemed to have been made on the next succeeding Business Day. Any payment received after 2:00 p.m. (Charlotte time) shall be deemed to have been made on the next succeeding Business Day for all purposes. Upon receipt by the Administrative Agent of each such payment, the Administrative Agent shall credit distribute to each Lender's account with Lender at its address for notices set forth herein its pro rata share of such payment in accordance with such Lender's applicable Commitment Percentage Percentage, (except as specified below) and shall wire advice of the amount of such credit to each Lender. Each payment to the Administrative Agent of the Issuing Lender's fees or L/C Participants' commissions shall be made in like manner, but for the account of the Issuing Lender or the L/C Participants, as the case may be. Each payment to the Administrative Agent of Administrative Agent's fees or expenses shall be made for the account of the Administrative Agent and any amount payable to any Lender under Sections 5.9, 5.10, 5.11 or 14.3 shall be paid to the Administrative Agent for the account of the applicable Lender. Subject to Section 3.1(b)(ii), 5.1(b)(ii) if any payment under this Agreement or any Revolving Credit Note shall be specified to be made upon a day which is not a Business Day, it shall be made on the next succeeding day which is a Business Day and such extension of time shall in such case be included in computing any interest if payable along with such payment. In furtherance thereof, any funds in or payments to the Funding Account (as defined in the Irrevocable Standby Stock Purchase Agreement) pursuant to Section 2.3(c) of the Irrevocable Standby Stock Purchase Agreement as a result of any Default under Section 12.1(a) or Section 12.1(b) shall be immediately applied by the Administrative Agent to repay in accordance with this Agreement outstanding Obligations that are then due and payable.

Appears in 1 contract

Samples: Credit Agreement (Globalstar, Inc.)

Manner of Payment. Except as otherwise provided herein, each Each payment (including repayments described in Article II) by the Borrower on account of the principal of or interest on the Revolving Credit Loans or of any fee, commission or other amounts payable to the Lenders under this Agreement or any Revolving Credit Note shall be made not later than 1:00 2:00 p.m. (Charlotte time) on the date specified for payment under this Agreement to the Administrative Agent for the account of the Lenders pro rata in accordance with their respective Commitment Percentages at the Administrative Agent's Office, in Dollars, in immediately available funds and shall be made without any set-off, counterclaim or deduction whatsoever. Any payment received after such time but before 2:00 3:00 p.m. (Charlotte time) on such day shall be deemed a payment on such date for the purposes of Section 10.111.1, but for all other purposes shall be deemed to have been made on the next succeeding Business Day. Any payment received after 2:00 3:00 p.m. (Charlotte time) shall be deemed to have been made on the next succeeding Business Day for all purposes. Upon receipt by the Administrative Agent of each such payment, the Administrative Agent shall credit each Lender's account with its pro rata share of such payment in accordance with such Lender's Commitment Percentage and shall wire advice of the amount of such credit to each Lender. Each payment to the Agent on account of the principal of or interest on the Swingline Loans or of any fee, commission or other amounts payable to the Swingline Lender under this Agreement or the Swingline Note shall be made in like manner, but for the account of the Swingline Lender. Subject to Section 3.1(b)(ii), if any payment under this Agreement or any Revolving Credit Note shall be specified to be made upon a day which is not a Business Day, it shall be made on the next succeeding day which is a Business Day and such extension of time shall in such case be included in computing any interest if payable along with such payment.

Appears in 1 contract

Samples: Loan Agreement (Sirrom Investments Inc)

Manner of Payment. Except as otherwise provided herein, each Each payment (including repayments described in Article II) by the Borrower on account of the principal of or interest on the Loans or of any fee, commission or other amounts payable to the Lenders under this Agreement or any Revolving Credit Note shall be made not later than 1:00 p.m. (Charlotte time) on the date specified for payment under this Agreement to the Administrative Agent at the Administrative Agent’s Office for the account of the Lenders (other than as set forth below) pro rata in accordance with their respective Commitment Percentages at the Administrative Agent's OfficeRatable Share (except as specified below), in Dollars, in immediately available funds and shall be made without any set-off, counterclaim or deduction whatsoever. Any payment received after such time but before 2:00 p.m. (Charlotte time) on such day shall be deemed a payment on such date for the purposes of Section 10.18.1, but for all other purposes shall be deemed to have been made on the next succeeding Business Day. Any payment received after 2:00 p.m. (Charlotte time) shall be deemed to have been made on the next succeeding Business Day for all purposes. Upon receipt by the Administrative Agent of each such payment, the Administrative Agent shall credit distribute to each Lender's account with Lender at its pro rata share of such payment in accordance with such Lender's Commitment Percentage address for notices set forth herein its Ratable Share (except as specified below) and shall wire advice of the amount of such credit to each Lender. Each payment to the Administrative Agent of Administrative Agent’s fees or expenses shall be made for the account of the Administrative Agent and any amount payable to any Lender under Sections 3.8, 3.9, 3.10, 3.11 or 10.2 shall be paid to the Administrative Agent for the account of the applicable Lender. Subject to Section 3.1(b)(ii3.1(b)(i), if any payment under this Agreement or any Revolving Credit Note shall be specified to be made upon a day which is not a Business Day, it shall be made on the next succeeding day which is a Business Day and such extension of time shall in such case be included in computing any interest if payable along with such payment.

Appears in 1 contract

Samples: Credit Agreement (Grainger W W Inc)

Manner of Payment. Except as otherwise provided herein, each (a) Each payment of principal (including repayments described in Article IIany prepayment) by the Borrower on account and payment of the principal of or interest on the Loans or of and fees, and any fee, commission or other amounts payable amount required to be paid to the Lenders under this Agreement or any Revolving Credit Note with respect to the Loans, shall be made not later than 1:00 p.m. (Charlotte time) on the date specified for payment under this Agreement to the Administrative Agent at the Principal Office, for the account of the Lenders pro rata in accordance with their respective Commitment Percentages at the Administrative Agent's Officeeach Lender, in Dollars, Dollars and in immediately available funds before 12:30 P.M. on the date such payment is due. (b) The Agent shall deem any payment made by or on behalf of the Borrower hereunder that is not made both in Dollars and in immediately available funds and shall prior to 12:30 P.M. to be made without any seta non-off, counterclaim or deduction whatsoeverconforming payment. Any such payment received after such time but before 2:00 p.m. (Charlotte time) on such day shall be deemed a payment on such date for the purposes of Section 10.1, but for all other purposes shall not be deemed to have been made on be received by the Agent until the later of (i) the time such funds become available funds and (ii) the next succeeding Business Day. Any non-conforming payment received after 2:00 p.m. may constitute or become a Default or Event of Default in accordance with the terms of Sections 10.1(a) and (Charlotte timeb). Interest shall continue to accrue on any principal as to which a non- conforming payment is made until the later of (x) the date such funds become available funds or (y) the next Business Day at the Default Rate from the date such amount was due and payable. (c) In the event that any payment hereunder or under the Notes becomes due and payable on a day other than a Business Day, then such due date shall be deemed extended to have been made on the next succeeding Business Day for all purposes. Upon receipt by the Administrative Agent of each such payment, the Administrative Agent shall credit each Lender's account with its pro rata share of such payment in accordance with such Lender's Commitment Percentage and shall wire advice unless provided otherwise under clause (ii) of the amount definition of "Interest Period"; provided that interest shall continue to accrue during the period of any such credit to each Lender. Subject to Section 3.1(b)(ii)extension and provided further, if that in no event shall any payment under this Agreement or any such due date be extended beyond the Revolving Credit Note shall be specified to be made upon a day which is not a Business Day, it shall be made on the next succeeding day which is a Business Day and such extension of time shall in such case be included in computing any interest if payable along with such paymentTermination Date. II.5.

Appears in 1 contract

Samples: Credit Agreement (Headway Corporate Resources Inc)

Manner of Payment. Except as otherwise provided herein, each Each payment (including repayments described in Article II) by the Borrower on ------------------ account of the principal of or interest on the Loans or of any fee, commission or other amounts (including the Reimbursement Obligation) payable to the Lenders under this Agreement or any Revolving Credit Note shall be made not later than 1:00 p.m. (Charlotte time) on the date specified for payment under this Agreement to the Administrative Agent at the Agent's Office for the account of the Lenders (other than as set forth below) pro rata in accordance with their respective Commitment Percentages at the Administrative Agent's Office--- ---- Percentages, in Dollars, in immediately available funds and shall be made without any set-off, counterclaim or deduction whatsoever. Any payment received after such time but before 2:00 p.m. (Charlotte time) on such day shall be deemed a payment on such date for the purposes of Section 10.111.1, but for all other purposes shall be deemed to have been made on the next succeeding Business Day. Any payment received after 2:00 p.m. (Charlotte time) shall be deemed to have been made on the next succeeding Business Day for all purposes. Upon receipt by the Administrative Agent of each such payment, the Administrative Agent shall credit distribute to each Lender's account with Lender at its address for notices set forth herein its pro rata share of such --- ---- payment in accordance with such Lender's Commitment Percentage and shall wire advice of the amount of such credit to each Lender. Subject Each payment to Section 3.1(b)(ii), if any payment under this Agreement the Agent of the Issuing Lender's fees or any Revolving Credit Note shall be specified to be made upon a day which is not a Business Day, it L/C Participants' commissions shall be made on in like manner, but for the next succeeding day which is a Business Day account of the Issuing Lender or the L/C Participants, as the case may be. Each payment to the Agent of Agent's fees or expenses shall be made for the account of the Agent and such extension any amount payable to any Lender under Sections 4.8, 4.9, 4.10, 4.11 or 13.2 shall be paid to the Agent for the account of time shall in such case be included in computing any interest if payable along with such paymentthe applicable Lender.

Appears in 1 contract

Samples: Credit Agreement (American Business Information Inc /De)

Manner of Payment. Except as otherwise provided herein, each Each payment (including repayments described in Article II) by the Borrower on account of the principal of or interest on the Loans or of any fee, commission or other amounts payable to the Lenders under this Agreement or any Revolving Credit Note the Notes shall be made not later than 1:00 p.m. (Charlotte time) 2:00 P.M. on the date specified for payment under this Agreement to the Administrative Agent for the account of the Lenders pro rata at its address referred to in accordance with their respective Commitment Percentages at the Administrative Agent's OfficeSection 13.1, in Dollars, in immediately available funds and shall be made without any set-off, counterclaim or deduction whatsoever. Any payment received after such time but before 2:00 p.m. (Charlotte time) 5:00 P.M. on such day shall be deemed a payment on such date for the purposes of Section 10.111.1, but for all other purposes shall be deemed to have been made on the next succeeding Business Day. Any payment received after 2:00 p.m. (Charlotte time) 5:00 P.M. shall be deemed to have been made on the next succeeding Business Day for all purposes. Upon receipt by the Administrative Agent of each such payment, the Administrative Agent shall credit each Lender's account with its pro rata share of such payment in accordance with such Lender's Commitment Percentage and shall wire advice of the amount of such credit to each Lender. Subject to Section 3.1(b)(ii3.1(b)(i)(B), if any payment under this Agreement or any Revolving Credit Note shall be specified to be made upon a day which is not a Business Day, it shall be made on the next succeeding day which is a Business Day and such extension of time shall in such case be included in computing any interest if payable along with such payment. As soon as practicable after the Agent receives payment from the Borrower, the Agent will cause to be distributed like funds relating to the payment of principal, interest, or Fees (other than amounts payable to the Agent to reimburse the Agent for fees and expenses payable solely to it) or expenses payable to the Agent and the Lenders in accordance with Section 13.9, ratably (except in the case of Swingline Loans) to the Lenders, and like funds relating to the payment of any other amounts payable to such Lender, in each case to be distributed and applied in accordance with the terms of Section 3.10.

Appears in 1 contract

Samples: Credit Agreement (Sterile Recoveries Inc)

Manner of Payment. Except as otherwise provided herein, each (a) Each payment (including repayments described in Article II) by the any Co-Borrower on account of the principal of or interest on the Loans other than Foreign Currency Loans or of any fee, commission or other amounts payable to the Lenders under this Agreement or any Revolving Credit Note shall be made not later than 1:00 p.m. (Charlotte Atlanta time) on the date specified for payment under this Agreement to the Administrative Agent for the account of the Lenders to be distributed pro rata among the Revolver Loans and among such Lenders in accordance with their respective Revolver Loan Commitment Percentages Percentage (except for payment of Swingline Loans, which are for the account of the Swingline Lender and other than fees payable to the Account of the Issuing Bank in connection with any Letter of Credit), at the Administrative Agent's Office, in Dollars, in immediately available funds funds, and shall be made without any set-off, counterclaim or deduction whatsoever. Any payment received after such time but before 2:00 p.m. (Charlotte Atlanta time) on such day shall be deemed a payment on such date for the purposes of Section 10.1, but for all other purposes shall be deemed to have been made on the next succeeding Business Day. Any payment received after 2:00 p.m. (Charlotte Atlanta time) shall be deemed to have been made on the next succeeding Business Day for all purposes. Upon receipt by All Loans other than Foreign Currency Loans shall be repayable in Dollars, and each Foreign Currency Loan shall be repayable in the Foreign Currency in which the Loan was made and at the Euro Lending Office of the Administrative Agent of each such payment, the Administrative Agent shall credit each Lender's account with its pro rata share of such payment in accordance with such Lender's Commitment Percentage and shall wire advice of the amount of such credit to each Lender. Subject to Section 3.1(b)(ii), if any payment under this Agreement or any Revolving Credit Note shall be specified to be made upon a day which is not a Business Day, it shall be made on the next succeeding day which is a Business Day and such extension of time shall in such case be included in computing any interest if payable along with such payment.before 11:00 a.m.

Appears in 1 contract

Samples: Credit Agreement (Scientific Games Holdings Corp)

Manner of Payment. Except as otherwise provided herein, each Each payment (including repayments described in Article II) by the Borrower on account of the principal of or interest on the Loans or of any fee, commission or other amounts payable to the Lenders under this Agreement or any Revolving Credit Note shall be made not later than 1:00 p.m. (Charlotte Chicago time) on the date specified for payment under this Agreement to the Administrative Agent at the Administrative Agent’s Office for the account of the Lenders (other than as set forth below) pro rata in accordance with their respective Commitment Percentages at the Administrative Agent's OfficeRatable Shares (except as specified below), in Dollars, in immediately available funds and shall be made without any set-off, counterclaim or deduction whatsoever. Any payment received after such time but before 2:00 p.m. (Charlotte Chicago time) on such day shall be deemed a payment on such date for the purposes of Section 10.18.1, but for all other purposes shall be deemed to have been made on the next succeeding Business Day. Any payment received after 2:00 p.m. (Charlotte Chicago time) shall be deemed to have been made on the next succeeding Business Day for all purposes. Upon receipt by the Administrative Agent of each such payment, the Administrative Agent shall credit distribute to each Lender's account with Lender at its pro rata share of such payment in accordance with such Lender's Commitment Percentage address for notices set forth herein its Ratable Share (except as specified below) and shall wire advice of the amount of such credit to each Lender. Subject Each payment to the Administrative Agent of Administrative Agent’s fees or expenses shall be made for the account of the Administrative Agent and any amount payable to any Lender under Section 3.1(b)(ii)3.8, if 3.9, 3.10, 3.11 or 10.2 shall be paid to the Administrative Agent for the account of the applicable Lender. If any payment under this Agreement or any Revolving Credit Note shall be specified to be made upon a day which is not a Business Day, it shall be made on the next succeeding day which is a Business Day and such extension of time shall in such case be included in computing any interest if payable along with such payment.

Appears in 1 contract

Samples: Credit Agreement (Grainger W W Inc)

Manner of Payment. Except as otherwise provided herein, each Each payment (including repayments described in Article II) by the Borrower on account of the principal of or interest on the Loans or of any fee, commission or other amounts payable to the Lenders under this Agreement or any Revolving Credit Note shall be made not later than 1:00 p.m. (Charlotte Chicago time) on the date specified for payment under this Agreement to the Administrative Agent at the Administrative Agent’s Office for the account of the Lenders (other than as set forth below) pro rata in accordance with their respective Commitment Percentages at the Administrative Agent's OfficeRatable Shares (except as specified below), in Dollars, in immediately available funds and shall be made without any set-off, counterclaim or deduction whatsoever. Any payment received after such time but before 2:00 p.m. (Charlotte Chicago time) on such day shall be deemed a payment on such date for the purposes of Section 10.18.1, but for all other purposes shall be deemed to have been made on the next succeeding Business Day. Any payment received after 2:00 p.m. (Charlotte Chicago time) shall be deemed to have been made on the next succeeding Business Day for all purposes. Upon receipt by the Administrative Agent of each such payment, the Administrative Agent shall credit distribute to each Lender's account with Lender at its pro rata share of such payment in accordance with such Lender's Commitment Percentage address for notices set forth herein its Ratable Share (except as specified below) and shall wire advice of the amount of such credit to each Lender. Subject Each payment to the Administrative Agent of Administrative Agent’s fees or expenses shall be made for the account of the Administrative Agent and any amount payable to any Lender under Section 3.1(b)(ii)3.8, if 3.9, 3.10, 3.11 or 10.2 shall be paid to the Administrative Agent for the account of the applicable Lender. If any payment under this Agreement or any Revolving Credit Note shall be specified to be made upon a day which is not a Business Day, it shall be made on the next succeeding day which is a Business Day and such extension of time shall in such case be included in computing any interest if payable along with such payment.. Section 3.5

Appears in 1 contract

Samples: Charge Agreement

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Manner of Payment. Except as otherwise provided herein, each Each payment (including repayments described in Article II) by the Borrower Borrowers on account of the principal of or interest on the Loans Loan or of any fee, commission or other amounts payable to the Agent or the Lenders under this Agreement or any Revolving Credit the Note shall be made not later than 1:00 p.m. (Charlotte Baltimore, Maryland time) on the date specified for payment under this Agreement to the Administrative Agent at the Agent’s Office for the account of the Lenders (other than as set forth below) pro rata in accordance with their respective Commitment Percentages at the Administrative Agent's Office, outstanding balances in Dollars, in immediately available funds and shall be made without any set-off, counterclaim or deduction whatsoever. Any payment received after such time but before 2:00 p.m. (Charlotte Baltimore time) on such day shall be deemed a payment on such date for the purposes of Section 10.111.1, but for all other purposes shall be deemed to have been made on the next succeeding Business Day. Any payment received after 2:00 p.m. (Charlotte Baltimore, Maryland time) shall be deemed to have been made on the next succeeding Business Day for all purposes. Upon receipt by the Administrative Agent of each such payment, the Administrative Agent shall credit distribute to each Lender's account with Lender at its address for notices set forth herein its pro rata share of such payment in accordance with such Lender's Commitment Percentage and shall wire advice of the amount of such credit to each Lender. Subject Each payment to the Agent of Agent’s fees or expenses shall be made for the account of the Agent and any amount payable to any Lender under any Section 3.1(b)(ii), if of this Agreement relating to payments due to the Lenders shall be paid to the Agent for the account of the applicable Lender. If any payment under this Agreement or any Revolving Credit the Note shall be specified to be made upon a day which is not a Business Day, it shall be made on the next succeeding day which is a Business Day and such extension of time shall in such case be included in computing any interest if payable along with such payment.

Appears in 1 contract

Samples: Credit Agreement (Tessco Technologies Inc)

Manner of Payment. Except as otherwise provided herein, each Each payment (including repayments described in Article II) by the Borrower on account of the principal of or interest on the Loans or of any fee, commission or other amounts payable to the Lenders under this Agreement or any Revolving Credit Note shall be made not later than 1:00 2:00 p.m. (Charlotte time) on the date specified for payment under this Agreement to the Administrative Agent at the Agent's Office for the account of the Lenders (other than as set forth below) pro rata in accordance with their respective Commitment Percentages at the Administrative Agent's OfficePercentages, in Dollars, in immediately available funds and shall be made without any set-off, counterclaim or deduction whatsoever. Any payment received after such time but before 2:00 p.m. (Charlotte time) on such day shall be deemed a payment on such date for the purposes of Section 10.1, but for all other purposes shall be deemed to have been made on the next succeeding Business Day. Any payment received after 2:00 p.m. (Charlotte time) shall be deemed to have been made on the next succeeding Business Day for all purposes. Upon receipt by the Administrative Agent of each such payment, the Administrative Agent shall credit distribute to each Lender's account with Lender at its address for notices set forth herein its pro rata share of such payment in accordance with such Lender's Commitment Percentage and shall wire advice of the amount of such credit to each Lender. Subject Each payment to Section 3.1(b)(ii), if any payment under this Agreement the Agent of Agent's fees or any Revolving Credit Note shall be specified to be made upon a day which is not a Business Day, it expenses shall be made on for the next succeeding day which is a Business Day and such extension account of time the Agent. Each payment to the Agent of the Issuing Lender's fees or L/C Participants' commissions shall be made in such like manner, but for the account of the Issuing Lender or the L/C Participants, as the case may be. Any amount payable to any Lender under Sections 3.7, 3.8, 3.12 or 12.2 shall be included in computing any interest if payable along with such paymentpaid to the Agent for the account of the applicable Lender.

Appears in 1 contract

Samples: Credit Agreement (Medcath Inc)

Manner of Payment. Except as otherwise provided herein, each Each payment (including repayments prepayments described in Article II) by the Borrower BORROWER on account of the principal of or interest on the Loans LOANS or of any fee, commission or other amounts (including the REIMBURSEMENT OBLIGATION) payable to the Lenders LENDERS under this Agreement AGREEMENT or any Revolving Credit Note NOTE shall be made not later than 1:00 2:00 p.m. (Charlotte time) on the date specified for payment under this Agreement AGREEMENT to the Administrative Agent ADMINISTRATIVE AGENT for the account of the Lenders LENDERS pro rata in accordance with their respective Commitment Percentages COMMITMENT PERCENTAGES at the Administrative Agent's OfficeADMINISTRATIVE AGENT'S OFFICE, in DollarsDOLLARS, in immediately available funds and shall be made without any set-off, counterclaim or deduction whatsoever. Any payment received after such time but before 2:00 p.m. (Charlotte time) on such day shall be deemed a payment on such date for the purposes of Section 10.1, but for all other purposes shall be deemed to have been made on the next succeeding Business Day. Any payment received after 2:00 p.m. (Charlotte time) shall be deemed to have been made on the next succeeding Business Day BUSINESS DAY for all purposes. Upon Subject to the terms of Section 2.3, upon receipt by the Administrative Agent ADMINISTRATIVE AGENT of each such payment, the Administrative Agent ADMINISTRATIVE AGENT shall credit each Lender's LENDER'S account with its pro rata share of such payment in accordance with such Lender's Commitment Percentage LENDER'S COMMITMENT PERCENTAGE and shall wire advice of the amount of such credit to each LenderLENDER. Each payment to the ADMINISTRATIVE AGENT of the ISSUING BANK'S fees or L/C PARTICIPANTS' commissions shall be made in like manner, but for the account of the ISSUING BANK or the L/C PARTICIPANTS, as the case may be. Subject to Section 3.1(b)(iiSubsection 4.1.(b)(ii), if any payment under this Agreement AGREEMENT or any Revolving Credit Note NOTE shall be specified to be made upon a day which is not a Business DayBUSINESS DAY, it shall be made on the next succeeding day which is a Business Day BUSINESS DAY and such extension of time shall in such case be included in computing any interest if payable along with such payment.

Appears in 1 contract

Samples: Credit Agreement (Unc Inc)

Manner of Payment. Except as otherwise provided herein, each Each payment (including repayments described in Article II) by the Borrower Borrowers on account of the principal of or interest on the Loans or of any fee, commission or other amounts payable to the Lenders under this Agreement or any Revolving Credit Note shall be made not later than 1:00 p.m. (Charlotte Eastern time) on the date specified for payment under this Agreement to the Administrative Agent at the Administrative Agent's Office for the account of the Lenders pro rata in accordance with their respective Commitment Percentages at the Administrative Agent's OfficeTerm Loan Commitment, in Dollars, in immediately available funds and shall be made without any set-off, counterclaim or deduction whatsoever. Any payment received after such time but before 2:00 p.m. (Charlotte Eastern time) on such day shall be deemed a payment on such date for the purposes of Section 10.111.1, but for all other purposes shall be deemed to have been made on the next succeeding Business Day. Any payment received after 2:00 p.m. (Charlotte Eastern time) shall be deemed to have been made on the next succeeding Business Day for all purposes. Upon receipt by the Administrative Agent of each such payment, the Administrative Agent shall credit distribute to each Lender's account with Lender at its address for notices set forth herein its pro rata share of such payment in accordance with such Lender's Commitment Percentage Term Loan Commitment, with respect to Extensions of Credit and shall wire advice of the amount of such credit to each Lender. Each payment to the Administrative Agent of Administrative Agent's fees or expenses shall be made for the account of the Administrative Agent and any amount payable to any Lender under Sections 4.3, 4.8, 4.9, 4.10, 4.11 or 13.2 shall be paid to the Administrative Agent for the account of the applicable Lender. Subject to Section 3.1(b)(ii), 4.1(b)(ii) if any payment under this Agreement or any Revolving Credit Note shall be specified to be made upon a day which is not a Business Day, it shall be made on the next succeeding day which is a Business Day and such extension of time shall in such case be included in computing any interest if payable along with such payment.

Appears in 1 contract

Samples: Bridge Credit Agreement (Belk Inc)

Manner of Payment. Except as otherwise provided herein, each Each payment (including repayments described in Article II) by the Borrower on account of the principal of or interest on the Loans or of any fee, commission or other amounts (including the Reimbursement Obligation) payable to the Lenders under this Agreement or any Revolving Credit Note shall be made not later than 1:00 p.m. (Charlotte time) on the date specified for payment under this Agreement to the Administrative Agent at the Administrative Agent's Office for the account of the Lenders pro rata (other than as set forth below) PRO RATA in accordance with their respective Commitment Percentages at the Administrative Agent's OfficePercentages, (except as specified below), in Dollars, in immediately available funds and shall be made without any set-off, counterclaim or deduction whatsoever. Any payment received after such time but before 2:00 p.m. (Charlotte time) on such day shall be deemed a payment on such date for the purposes of Section 10.1SECTION 12.1, but for all other purposes shall be deemed to have been made on the next succeeding Business Day. Any payment received after 2:00 p.m. (Charlotte time) shall be deemed to have been made on the next succeeding Business Day for all purposes. Upon receipt by the Administrative Agent of each such payment, the Administrative Agent shall credit distribute to each Lender's account with Lender at its address for notices set forth herein its pro rata share of such payment in accordance with such Lender's Commitment Percentage Percentage, (except as specified below) and shall wire advice of the amount of such credit to each Lender. Subject Each payment to Section 3.1(b)(ii), if any payment under this Agreement the Administrative Agent of the Issuing Lender's fees or any Revolving Credit Note shall be specified to be made upon a day which is not a Business Day, it L/C Participants' commissions shall be made on in like manner, but for the next succeeding day which is a Business Day account of the Issuing Lender or the L/C Participants, as the case may be. Each payment to the Administrative Agent of Administrative Agent's fees or expenses shall be made for the account of the Administrative Agent and such extension any amount payable to any Lender under SECTIONS 5.9, 5.10, 5.11 or 14.3 shall be paid to the Administrative Agent for the account of time shall in such case be included in computing any interest if payable along with such payment.the applicable Lender. Subject to SECTION

Appears in 1 contract

Samples: Credit Agreement (Restaurant Co)

Manner of Payment. Except as otherwise provided herein, each Each payment (including repayments described in Article II) by the Borrower on account of the principal of or interest on the Loans or of any fee, commission or other amounts (including the Reimbursement Obligation) payable to the Lenders under this Agreement or any Revolving Credit Note shall be made not later than 1:00 p.m. (Charlotte time) on the date specified for payment under this Agreement to the Administrative Agent at the Administrative Agent's Office for the account of the applicable Lenders (other than as set forth below) pro rata in accordance with their respective applicable Commitment Percentages at the Administrative Agent's OfficePercentages, (except as specified below), in Dollars, in immediately available funds and shall be made without any set-off, counterclaim or deduction whatsoever. Any payment received after such time but before 2:00 p.m. (Charlotte time) on such day shall be deemed a payment on such date for the purposes of Section 10.112.1, but for all other purposes shall be deemed to have been made on the next succeeding Business Day. Any payment received after 2:00 p.m. (Charlotte time) shall be deemed to have been made on the next succeeding Business Day for all purposes. Upon receipt by the Administrative Agent of each such payment, the Administrative Agent shall credit distribute to each Lender's account with Lender at its address for notices set forth herein its pro rata share of such payment in accordance with such Lender's applicable Commitment Percentage Percentage, (except as specified below) and shall wire advice of the amount of such credit to each Lender. Each payment to the Administrative Agent of Administrative Agent's fees or expenses shall be made for the account of the Administrative Agent and any amount payable to any Lender under Sections 5.9, 5.10, 5.11 or 14.3 shall be paid to the Administrative Agent for the account of the applicable Lender. Subject to Section 3.1(b)(ii), 5.1(b)(ii) if any payment under this Agreement or any Revolving Credit Note shall be specified to be made upon a day which is not a Business Day, it shall be made on the next succeeding day which is a Business Day and such extension of time shall in such case be included in computing any interest if payable along with such payment.

Appears in 1 contract

Samples: Credit Agreement (Globalstar, Inc.)

Manner of Payment. Except All Rent payable by the Lessee to the Lessor hereunder shall be paid to the Lessor at its principal office at One Xxxxxx Square, 000 Xxxx Xxxxxx, Xxxxx 000, Xxxxxxxxxx, Xxxxxxxx, 00000, Attention: Corporate Trust Administration, or to such other address as otherwise provided hereinthe Lessor shall specify in a notice to the Lessee, in Dollars in immediately available funds, so that the Lessor receives the full amount of each payment (including repayments described in Article II) by the Borrower on account of the principal of or interest not later than 12:00 noon Eastern Time on the Loans or of any feedue date thereof, commission or other amounts except that so long as the Indenture shall not have terminated pursuant to its terms, all Rent payable to the Lenders under this Agreement or any Revolving Credit Note shall be made not later Lessor (other than 1:00 p.m. (Charlotte time) on the date specified for payment under this Agreement to the Administrative Agent for the account of the Lenders pro rata in accordance with their respective Commitment Percentages at the Administrative Agent's Office, in Dollars, in immediately available funds and shall be made without any set-off, counterclaim or deduction whatsoever. Any payment received after such time but before 2:00 p.m. (Charlotte time) on such day shall be deemed a payment on such date for the purposes of Section 10.1, but for all other purposes shall be deemed to have been made on the next succeeding Business Day. Any payment received after 2:00 p.m. (Charlotte timeExcluded Payments) shall be deemed paid to have been made the Indenture Trustee, in the manner provided above, at its principal office as specified in Section 12.01 of the Participation Agreement, or as the Indenture Trustee may otherwise direct by a notice delivered to the Lessee prior to the date of payment. If any Rent is due on a day that is not a Business Day, such Rent shall be paid on the next succeeding Business Day for all purposes. Upon receipt by with the Administrative Agent same force and effect as if paid on the scheduled date of each payment and (if paid on such payment, the Administrative Agent next succeeding Business Day) no interest shall credit each Lender's account with its pro rata share of such payment in accordance with such Lender's Commitment Percentage and shall wire advice of accrue on the amount of such credit payment from and after such scheduled date to each Lenderthe time of payment on such next succeeding Business Day. Subject to Section 3.1(b)(ii)Whether or not the Indenture remains in effect, if any payment under this Agreement or any Revolving Credit Note Rent constituting Excluded Payments shall be paid directly to the Person entitled thereto in the manner and at or before the time specified to be made upon a day which is not a Business Day, it shall be made on the next succeeding day which is a Business Day and such extension of time shall in such case be included in computing any interest if payable along with such paymentabove.

Appears in 1 contract

Samples: Lease Agreement (Midway Airlines Corp)

Manner of Payment. Except as otherwise provided herein, each Each payment (including repayments described in Article II) by the Borrower Borrowers on account of the principal of of, or interest on the Loans or of any fee, commission or other amounts payable to the Lenders under this Agreement or any Revolving Credit Note shall be made not later than 1:00 p.m. (Charlotte Philadelphia time) on the date specified for payment under this Agreement to the Administrative Agent at the Agent's Office for the account of the Lenders (other than as set forth below) pro rata in accordance with their respective Commitment Percentages at the Administrative Agent's Office(except as specified below), in Dollars, in immediately available funds and shall be made without any set-off, counterclaim or deduction whatsoever. Any payment received after such time but before 2:00 1:00 p.m. (Charlotte time) on such day shall be deemed a payment on such date for the purposes of Section 10.1, but for all other purposes shall be deemed to have been made on the next succeeding Business Day. Any payment received after 2:00 p.m. (Charlotte Philadelphia time) shall be deemed to have been made on the next succeeding Business Day for all purposes. Upon receipt by the Administrative Agent of each such payment, the Administrative Agent shall credit distribute to each Lender's account with Lender at its address for notices set forth herein its pro rata share of such payment in accordance with such Lender's Commitment Percentage (except as specified below) and shall wire advice of the amount of such credit to each Lender. Subject to Section 3.1(b)(ii)Paragraph 2.3.5 hereof, if in any payment under this Agreement Agreement, any of the other Loan Documents, or any Revolving Credit Note shall be specified to be made upon a day which is not a Business Day, it shall be made on the next succeeding day which is a Business Day and such extension of time shall in such case be included in computing any interest if payable along with such payment.

Appears in 1 contract

Samples: Credit Agreement (Imagemax Inc)

Manner of Payment. Except as otherwise provided herein, each Each payment (including repayments described in Article II) by the Borrower on account of the principal of or interest on the Loans or of any fee, commission or other amounts payable to the Lenders under this Agreement or any Revolving Credit Note shall be made not later than 1:00 p.m. (Charlotte time) on the date specified for payment under this Agreement to the Administrative Agent at the Administrative Agent's Office for the account of the Lenders (other than as set forth below) pro rata in accordance with their respective Commitment Percentages at the Administrative Agent's OfficePercentages, in Dollars, in immediately available funds and shall be made without any set-off, counterclaim or deduction whatsoever. Any payment received after such time but before 2:00 p.m. (Charlotte time) on such day shall be deemed a payment on such date for the purposes of Section 10.1, but for all other purposes shall be deemed to have been made on the next succeeding Business Day. Any payment received after 2:00 p.m. (Charlotte time) shall be deemed to have been made on the next succeeding Business Day for all purposes. Upon receipt by the Administrative Agent of each such payment, the Administrative Agent shall credit distribute to each Lender's account with Lender at its address for notices set forth herein its pro rata share of such payment in accordance with such Lender's Commitment Percentage and shall wire advice of the amount of such credit to each Lender. Subject Each payment to Section 3.1(b)(ii), if any payment under this Agreement the Administrative Agent of Administrative Agent's fees or any Revolving Credit Note shall be specified to be made upon a day which is not a Business Day, it expenses shall be made on for the next succeeding day which is a Business Day account of the Administrative Agent and such extension any amount payable to any Lender under Sections 3.8, 3.9, 3.10, 3.11 or 12.2 shall be paid to the Administrative Agent for the account of time shall in such case be included in computing any interest if payable along with such paymentthe applicable Lender.

Appears in 1 contract

Samples: Credit Agreement (Cable Michigan Inc)

Manner of Payment. Except as otherwise provided herein, each Each payment (including repayments described in Article II) by the Borrower on account of the principal of or interest on the Loans or of any fee, commission or other amounts (including the Reimbursement Obligation) payable to the Lenders under this Agreement or any Revolving Credit Note shall be made not later than 1:00 p.m. (Charlotte time) on the date specified for payment under this Agreement to the Administrative Agent at the Administrative Agent's Office for the account of the Lenders (other than as set forth below) pro rata in accordance with their respective Revolving Credit Commitment Percentages at the Administrative Agent's Office(except as specified below), in Dollars, in immediately available funds funds, and shall be made without any set-off, counterclaim or deduction whatsoever. Any payment received after such time but before 2:00 p.m. (Charlotte time) on such day shall be deemed a payment on such date for the purposes of Section 10.111.1, but for all other purposes shall be deemed to have been made on the next succeeding Business Day. Any payment received after 2:00 p.m. (Charlotte time) shall be deemed to have been made on the next succeeding Business Day for all purposes. Upon receipt by the Administrative Agent of each such payment, the Administrative Agent shall credit distribute to each Lender's account with Lender at its address for notices set forth herein its pro rata share of such payment in accordance with such Lender's Revolving Credit Commitment Percentage (except as specified below) and shall wire advice of the amount of such credit to each Lender. Each payment to the Administrative Agent of any Issuing Lender's fees or L/C Participants' commissions shall be made in like manner, but for the account of the applicable Issuing Lender or the L/C Participants, as the case may be. Each payment to the Administrative Agent of Administrative Agent's fees or expenses shall be made for the account of the Administrative Agent and any amount payable to any Lender under Sections 4.9, 4.10, 4.11 or 13.3 shall be paid to the Administrative Agent for the account of the applicable Lender. Subject to Section 3.1(b)(ii), 4.1(b)(ii) if any payment under this Agreement or any Revolving Credit Note shall be specified to be made upon a day which is not a Business Day, it shall be made on the next succeeding day which is a Business Day and such extension of time shall in such case be included in computing any interest if payable along with such payment.

Appears in 1 contract

Samples: Credit Agreement (Corrections Corp of America)

Manner of Payment. Except as otherwise provided herein, each Each payment (including repayments described in Article II) by the Borrower on account of the principal of or interest on the Loans any Loan or of any fee, commission or other amounts payable to the Lenders under this Agreement (or any Revolving Credit Note of them) shall be made not later than 1:00 2:00 p.m. (Charlotte or such other time as expressly specified under this Agreement) (such time, the “Payment Time”) on the date specified for payment under this Agreement to the Administrative Agent at the Administrative Agent’s Office for the account of the Lenders pro rata entitled to such payment in accordance with their respective Commitment Percentages at the Administrative Agent's Office, in DollarsDollars (except as set forth below), in immediately available funds and shall be made without any set-set off, counterclaim or deduction whatsoever. Any payment received after such time but before 2:00 p.m. (Charlotte time) on such day shall be deemed a payment on such date for the purposes of Section 10.1, but for all other purposes Payment Time shall be deemed to have been made on the next succeeding Business Day. Any payment received after 2:00 p.m. (Charlotte time) shall be deemed to have been made on the next succeeding Business Day for all purposes. Upon receipt by the Administrative Agent of each such payment, the Administrative Agent (i) shall credit distribute to each Lender's account with such Lender at its address for notices set forth herein its pro rata share of such payment in accordance with the amounts then due and payable to such Lender's Commitment Percentage Lenders (except as specified below) and (ii) shall wire advice of the amount of such credit to each Lender. Each payment to the Administrative Agent of Administrative Agent’s fees or expenses shall be made for the account of the Administrative Agent and any amount payable to any Lender under Sections 4.9, 4.10, 4.12 or 11.3 shall be paid to the Administrative Agent for the account of the applicable Lender. Subject to Section 3.1(b)(ii4.1(b)(ii) and (iii), if any payment under this Agreement or any Revolving Credit Note shall be specified to be made upon a day which is not a Business Day, it shall be made on the next succeeding day which is a Business Day and such extension of time shall in such case be included in computing any interest if payable along with such payment.

Appears in 1 contract

Samples: Day Term Loan Agreement (Owens Corning)

Manner of Payment. Except as otherwise provided herein, each Each payment (including repayments described in Article II) by the Borrower Borrowers on account of the principal of or interest on the Revolving Loans or of any fee, commission fee or other amounts (including the Reimbursement Obligation) payable to the Lenders under this Agreement or any the Revolving Credit Note Notes shall be made not later than 1:00 p.m. (Charlotte Virginia time) on the date specified for payment under this Agreement to the Administrative Agent at the Agent's Office for the account of the Lenders pro rata (other than as set forth below) ratably in accordance with their respective Commitment Percentages at the Administrative Agent's OfficePercentages, in U.S. Dollars, in immediately available funds and shall be made without any set-off, counterclaim or deduction whatsoever. Any payment received after such time but before 2:00 p.m. (Charlotte Virginia time) on such day shall be deemed a payment on such date for the purposes of Section 10.19.1(a), but for all other purposes shall be deemed to have been made on the next succeeding Business Day. Any payment received after 2:00 p.m. (Charlotte Virginia time) shall be deemed to have been made on the next succeeding Business Day for all purposes. Upon receipt by the Administrative Agent of each such payment, the Administrative Agent shall credit distribute to each Lender's account with Lender at its address for notices set forth herein its pro rata share of such payment in accordance with such Lender's Commitment Percentage and shall wire advice of the amount of such credit to each Lender. Subject Each payment to Section 3.1(b)(ii), if the Agent of Agent's fees or expenses shall be made for the account of the Agent and any amount payable to any Lender hereunder shall be paid to the Agent for the account of the applicable Lender. If any payment under this Agreement or any Revolving Credit Note shall be specified to be made upon a day which that is not a Business Day, it shall be made on the next succeeding day which that is a Business Day and such extension of time shall in such case be included in computing any interest if payable along with such payment.

Appears in 1 contract

Samples: Loan Agreement (Stanley-Martin Communities, LLC)

Manner of Payment. Except as otherwise provided herein, each Each payment (including repayments described in Article II) by the Borrower on account ----------------- of the principal of or interest on the Loans or of any fee, commission or other amounts (including the Reimbursement Obligation) payable to the Lenders under this Agreement or any Revolving Credit Note shall be made not later than 1:00 p.m. (Charlotte time) on the date specified for payment under this Agreement to the Administrative Agent at the Agent's Office for the account of the Lenders (other than as set forth below) pro rata in accordance with their respective Commitment Percentages at the Administrative Agent's OfficePercentages, in Dollars, --- ---- in immediately available funds and shall be made without any set-off, counterclaim or deduction whatsoever. Any payment received after such time but before 2:00 p.m. (Charlotte time) on such day shall be deemed a payment on such date for the purposes of Section 10.111.1, but for all other purposes shall be deemed to have been made on the next succeeding Business Day. Any payment received after 2:00 p.m. (Charlotte time) shall be deemed to have been made on the next succeeding Business Day for all purposes. Upon receipt by the Administrative Agent of each such payment, the Administrative Agent shall credit distribute to each Lender's account with Lender at its address for notices set forth herein its pro rata share of such payment in accordance with such Lender's --- ----- Commitment Percentage and shall wire advice of the amount of such credit to each Lender. Subject Each payment to Section 3.1(b)(ii), if any payment under this Agreement the Agent of the Issuing Lender's fees or any Revolving Credit Note shall be specified to be made upon a day which is not a Business Day, it L/C Participants' commissions shall be made on in like manner, but for the next succeeding day which is a Business Day account of the Issuing Lender or the L/C Participants, as the case may be. Each payment to the Agent of Agent's fees or expenses shall be made for the account of the Agent and such extension any amount payable to any Lender under Sections 4.8, 4.9, 4.10, 4.11 or 13.2 shall be paid to the Agent for the account of time shall in such case be included in computing any interest if payable along with such paymentthe applicable Lender.

Appears in 1 contract

Samples: Credit Agreement (American Business Information Inc /De)

Manner of Payment. Except as otherwise provided herein, each (a) Each payment (including repayments described in Article II) by the any Co-Borrower on account of the principal of or interest on the Loans other than Foreign Currency Loans or of any fee, commission or other amounts payable to the Lenders under this Agreement or any Revolving Credit Note shall be made not later than 1:00 p.m. (Charlotte time) on the date specified for payment under this Agreement to the Administrative Agent for the account of the Lenders to be distributed pro rata among the Revolver Loans and among such Lenders in accordance with their respective Revolver Loan Commitment Percentages Percentage (except for payment of Swingline Loans, which are for the account of the Swingline Lender), at the Administrative Agent's Office, in Dollars, in immediately available funds funds, and shall be made without any set-off, counterclaim or deduction whatsoever. Any payment received after such time but before 2:00 p.m. (Charlotte time) on such day shall be deemed a payment on such date for the purposes of Section 10.1, but for all other purposes shall be deemed to have been made on the next succeeding Business Day. Any payment received after 2:00 p.m. (Charlotte time) shall be deemed to have been made on the next succeeding Business Day for all purposes. Upon receipt by All Loans other than Foreign Currency Loans shall be repayable in Dollars, and each Foreign Currency Loan shall be repayable in the Alternative Currency in which the Loan was made and at the Euro Lending Office of the Administrative Agent of each such payment, the Administrative Agent shall credit each Lender's account with its pro rata share of such payment in accordance with such Lender's Commitment Percentage and shall wire advice of the amount of such credit to each Lender. Subject to Section 3.1(b)(ii), if any payment under this Agreement or any Revolving Credit Note shall be specified to be made upon a day which is not a Business Day, it shall be made on the next succeeding day which is a Business Day and such extension of time shall in such case be included in computing any interest if payable along with such payment.before 11:00 a.m.

Appears in 1 contract

Samples: Credit Agreement (Scientific Games Holdings Corp)

Manner of Payment. Except as otherwise provided herein, each Each payment (including repayments described in Article II) by the Borrower Borrowers on account of the principal of or interest on the Loans or of any fee, commission or other amounts payable to the Lenders under this Agreement or any Revolving Credit Note shall be made not later than 1:00 p.m. (Charlotte Miami time) on the date specified for payment under this Agreement to the Administrative Agent Agent, for the account and benefit of the Lenders pro rata in accordance with their respective Commitment Percentages at the Administrative Agent's Office, in Dollars, in immediately available funds and shall be made without any set-off, counterclaim or deduction whatsoever. Any payment received after such time but before 2:00 p.m. (Charlotte Miami time) on such day shall be deemed a payment on such date for the purposes of Section 10.111.1, but for all other purposes shall be deemed to have been made on the next succeeding Business Day. Any payment received after 2:00 p.m. (Charlotte Miami time) shall be deemed to have been made on the next succeeding Business Day for all purposes. Upon receipt by the Administrative Agent of each such payment, the Administrative Agent shall credit each Lender's account with its pro rata share of such payment in accordance with such Lender's Commitment Percentage and shall wire advice of the amount of such credit to each LenderLender on the Business Day on which such amount is received by the Agent. Subject to Section 3.1(b)(ii4.3(b)(ii), if any payment under this Agreement or any Revolving Credit Note shall be specified to be made upon a day which is not a Business Day, it shall be made on the next succeeding day which is a Business Day and such extension of time shall in such case be included in computing any interest if payable along with such payment.

Appears in 1 contract

Samples: Credit Agreement (Med Waste Inc)

Manner of Payment. Except as otherwise provided herein, each Each payment (including repayments described in Article II) by the Borrower Borrowers on account of the principal of or interest on the Loans or of any fee, commission or other amounts (including the Reimbursement Obligation) payable to the Lenders under this Agreement or any Revolving Credit Note shall be made not later than 1:00 p.m. (Charlotte time) on the date specified for payment under this Agreement to the Administrative Agent at the Administrative Agent’s Office for the account of the Lenders (other than as set forth below) pro rata in accordance with their respective Commitment Percentages at the Administrative Agent's OfficePercentages, (except as specified below), in Dollars, in immediately available funds and shall be made without any set-set- off, counterclaim or deduction whatsoever. Any payment received after such time but before 2:00 p.m. (Charlotte time) on such day shall be deemed a payment on such date for the purposes of Section 10.111.1, but for all other purposes shall be deemed to have been made on the next succeeding Business Day. Any payment received after 2:00 p.m. (Charlotte time) shall be deemed to have been made on the next succeeding Business Day for all purposes. Upon receipt by the Administrative Agent of each such payment, the Administrative Agent shall credit distribute to each Lender's account with Lender at its address for notices set forth herein its pro rata share of such payment in accordance with such Lender's ’s Commitment Percentage Percentage, (except as specified below) and shall wire advice of the amount of such credit to each Lender. Each payment to the Administrative Agent of the applicable Issuing Bank’s fees or L/C Participants’ commissions shall be made in like manner, but for the account of such Issuing Bank or the L/C Participants, as the case may be. Each payment to the Administrative Agent of Administrative Agent’s fees or expenses shall be made for the account of the Administrative Agent and any amount payable to any Lender under Sections 5.9, 5.10, 5.11 or 13.3 shall be paid to the Administrative Agent for the account of the applicable Lender. Subject to Section 3.1(b)(ii), 5.1(b)(ii) if any payment under this Agreement or any Revolving Credit Note shall be specified to be made upon a day which is not a Business Day, it shall be made on the next succeeding day which is a Business Day and such extension of time shall in such case be included in computing any interest if payable along with such payment.

Appears in 1 contract

Samples: Credit Agreement (Broadview Networks Holdings Inc)

Manner of Payment. Except as otherwise provided herein, each Each payment (including repayments described in Article II) by the Borrower on account of the principal of or interest on the Loans or of any fee, commission fee or other amounts payable to the Lenders under this Agreement or any Revolving Credit Note shall be made not later than 1:00 2:00 p.m. (Charlotte time) on the date specified for payment under this Agreement to the Administrative Agent for the account of the Lenders pro rata in accordance with their respective Commitment Percentages at the Administrative Agent's Office, in Dollars, in immediately available funds and shall be made without any set-off, counterclaim or deduction whatsoever. Any payment received after such time but before 2:00 p.m. (Charlotte time) on such day shall be deemed a payment on such date for the purposes of Section 10.1, but for all other purposes shall be deemed to have been made on the next succeeding Business Day. Any payment received after 2:00 p.m. (Charlotte time) shall be deemed to have been made on the next succeeding Business Day for all purposes. Upon receipt by the Administrative Agent of each such payment, payment the Administrative Agent shall credit each Lender's account with its pro rata share of such payment in accordance with such Lender's Commitment Percentage and shall wire advice of the amount of such credit to each Lender. Each payment to the Administrative Agent of Agents' fees shall be made in like manner, but for the account of the applicable Agent. All amounts payable by the Borrower on account of any Competitive Bid Loan shall be for the account of the applicable Lender of such Loan, and all amounts payable to any Lender under Sections 3.7 3.8, 3.9, 3.10 and 12.13 shall be payable to the Administrative Agent for the account of such Lender. Subject to Section 3.1(b)(ii3.1(b)(i)(B), if any payment under this Agreement or any Revolving Credit Note shall be specified to be made upon a day which is not a Business Day, it shall be made on the next succeeding day which is a Business Day and such extension of time shall in such case be included in computing any interest if payable along with such payment.

Appears in 1 contract

Samples: Day Credit Agreement (Lci International Inc /Va/)

Manner of Payment. Except as otherwise provided herein, each (a) Each payment (including repayments described in Article IIany prepayment) by the Borrower on account of the principal of or interest on the Loans Loans, fees, and any other amount owed to Lenders or of any fee, commission or other amounts payable to the Lenders Administrative Agent under this Agreement Agreement, the Notes, or any Revolving Credit Note the other Loan Documents shall be made made, without condition or deduction for any counterclaim, defense, recoupment, or setoff, not later than 1:00 p.m. (Charlotte time) 12:00 noon on the date specified for payment under this Agreement or such other Loan Document to the Administrative Agent to an account designated by Administrative Agent, for the account of the Lenders pro rata in accordance with their respective Commitment Percentages at the Lenders, Letter of Credit Issuers or Administrative Agent's Office, as the case may be, in Dollars, lawful money of the United States of America in immediately available funds and shall be made without any set-off, counterclaim or deduction whatsoeverfunds. Any payment received by Administrative Agent after such time but before 2:00 p.m. (Charlotte time) on such day 12:00 noon shall be deemed a received on the next Business Day for purposes of interest accrual. Any payment described in this Section 2.8(a) received by Administrative Agent by 12:00 noon of the date specified for such payment shall be disbursed to Lenders or the applicable Letter of Credit Issuer(s), as the case may be, on such date; any payment received after 12:00 noon on such date for the purposes of Section 10.1, but for all other purposes shall be deemed disbursed to have been made Lenders or the applicable Letter of Credit Issuer(s), as the case may be, on the next succeeding following Business Day. Any In the case of a payment received after 2:00 p.m. (Charlotte time) shall be deemed for the account of a Lender or a Letter of Credit Issuer, then, subject to have been made on the next succeeding Business Day for all purposes. Upon receipt by the provisions of Section 2.9 of this Agreement, Administrative Agent will promptly thereafter distribute the amount so received in like funds to such Lender or such Letter of each such payment, the Credit Issuer. If Administrative Agent shall credit each Lender's account with its pro rata share of such not have received any payment in accordance with such Lender's Commitment Percentage from Borrower as and shall wire advice of the amount of such credit to each Lender. Subject to Section 3.1(b)(ii)when due, Administrative Agent will promptly notify Lenders and, if appropriate, the applicable Letter of Credit Issuer, accordingly, and Administrative Agent shall not be obligated to make any payment distributions under this Agreement or any Revolving Credit Note shall be specified to be made upon a day which is not a Business Day, it shall be made on the next succeeding day which is a Business Day and such extension of time shall in such case be included in computing any interest if payable along with such paymentSection 2.8.

Appears in 1 contract

Samples: Revolving Credit Agreement (Horton D R Inc /De/)

Manner of Payment. Except as otherwise provided herein, each Each payment (including repayments described in Article II) by the Borrower Borrowers on account of the principal of or interest on the Loans or of any fee, commission or other amounts payable to the Lenders under this Agreement or any Revolving Credit Note shall be made not later than 1:00 p.m. (Charlotte time) on the date specified for payment under this Agreement to the Administrative Agent at the Agent’s office for the account of the Lenders pro rata in accordance with their respective Commitment Percentages at the Administrative Agent's Office, entitled to such payment in Dollars, in immediately available funds and shall be made without any set-set off, counterclaim or deduction whatsoever. Any payment received after such time but before 2:00 p.m. (Charlotte time) on such day shall be deemed a payment on such date for the purposes of Section 10.1Articles 7 and 8, but for all other purposes shall be deemed to have been made on the next succeeding Business Day. Any payment received after 2:00 p.m. (Charlotte time) shall be deemed to have been made on the next succeeding Business Day for all purposes. Upon receipt by the Administrative Agent of each such payment, the Administrative Agent shall credit distribute to each Lender's account with such Lender at its pro rata share address for notices set forth herein its Pro Rata Share of such payment in accordance with such Lender's Commitment Percentage and shall wire advice of the amount of such credit to each Lender. Each payment to the Agent of Agent’s fees or expenses shall be made for the account of the Agent and any amount payable to any Lender under Sections 2.13, 2.14, 2.15 or 9.3 shall be paid to the Agent for the account of the applicable Lender. Subject to Section 3.1(b)(ii)the definition of Interest Period, if any payment under this Agreement or any Revolving Credit Note shall be specified to be made upon a day which is not a Business Day, it shall be made on the next succeeding day which is a Business Day and such extension of time shall in such case be included in computing any interest if payable along with such payment. Notwithstanding the foregoing, if there exists a Defaulting Lender each payment by the Borrower to such Defaulting Lender hereunder shall be applied in accordance with Section 2.20(a)(ii).

Appears in 1 contract

Samples: Term Loan Credit Agreement (Par Pacific Holdings, Inc.)

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