Common use of Payments, Computations, etc Clause in Contracts

Payments, Computations, etc. (a) Except as otherwise specifically provided herein, all payments hereunder shall be made to the Administrative Agent in dollars in immediately available funds, without offset, deduction, counterclaim or withholding of any kind, at the Administrative Agent’s office specified in Schedule 10.1 not later than 4:00 P.M. on the date when due. Payments received after such time shall be deemed to have been received on the next succeeding Business Day. The Administrative Agent may (but shall not be obligated to) debit the amount of any such payment which is not made by such time to any ordinary deposit account of the Borrower maintained with the Administrative Agent (with notice to the Borrower). The Borrower shall, at the time it makes any payment under this Credit Agreement, specify to the Administrative Agent the Loans, Fees, interest or other amounts payable by the Borrower hereunder to which such payment is to be applied (and in the event that it fails so to specify, or if such application would be inconsistent with the terms hereof, the Administrative Agent shall distribute such payment to the Lenders in such manner as the Administrative Agent may determine to be appropriate in respect of obligations owing by the Borrower hereunder, subject to the terms of Section 3.12(a)). The Administrative Agent will distribute such payments to such Lenders, if any such payment is received prior to 12:00 Noon on a Business Day in like funds as received prior to the end of such Business Day and otherwise the Administrative Agent will distribute such payment to such Lenders on the next succeeding Business Day. Whenever any payment hereunder shall be stated to be due on a day which is not a Business Day, the due date thereof shall be extended to the next succeeding Business Day (subject to accrual of interest and Fees for the period of such extension), except that in the case of Eurodollar Loans, if the extension would cause the payment to be made in the next following calendar month, then such payment shall instead be made on the next preceding Business Day. Except as expressly provided otherwise herein, all computations of interest and fees shall be made on the basis of actual number of days elapsed over a year of 360 days, except with respect to computation of interest on Base Rate Loans which shall be calculated based on a year of 365 or 366 days, as appropriate. Interest shall accrue from and include the date of borrowing, but exclude the date of payment.

Appears in 6 contracts

Samples: 364 Day Credit Agreement (Autozone Inc), Credit Agreement (Autozone Inc), Day Credit Agreement (Autozone Inc)

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Payments, Computations, etc. (a) Except as otherwise specifically provided herein, all payments hereunder shall be made to the Administrative Agent in dollars in immediately available funds, without offsetsetoff, deduction, counterclaim or withholding of any kind, at the Administrative Agent’s 's office specified in Schedule 10.1 Section 11.1 not later than 4:00 2:00 P.M. (Charlotte, North Carolina time) on the date when due. Payments received after such time shall be deemed to have been received on the next succeeding Business Day. The Administrative Agent may (but shall not be obligated to) debit the amount of any such payment which is not made by such time to any ordinary deposit account of the Borrower maintained with the Administrative Agent (with notice to the Borrower). The Borrower shall, at the time it makes any payment under this Credit Agreement, specify to the Administrative Agent the Loans, LOC Obligations, Fees, interest or other amounts payable by the Borrower hereunder to which such payment is to be applied (and in the event that it fails so to specify, or if such application would be inconsistent with the terms hereof, the Administrative Agent shall distribute such payment to the Lenders in such manner as the Administrative Agent may determine to be appropriate in respect of obligations owing by the Borrower hereunder, subject to the terms of Section 3.12(a)). The Administrative Agent will distribute such payments to such Lenders, if any such payment is received prior to 12:00 Noon (Charlotte, North Carolina time) on a Business Day in like funds as received prior to the end of such Business Day and otherwise the Administrative Agent will distribute such payment to such Lenders on the next succeeding Business Day. Whenever any payment hereunder shall be stated to be due on a day which is not a Business Day, the due date thereof shall be extended to the next succeeding Business Day (subject to accrual of interest and Fees for the period of such extension), except that in the case of Eurodollar Loans, if the extension would cause the payment to be made in the next following calendar month, then such payment shall instead be made on the next preceding Business Day. Except as expressly provided otherwise herein, all computations of interest and fees shall be made on the basis of actual number of days elapsed over a year of 360 days, except with respect to computation of interest on Base Rate Loans which (unless the Base Rate is determined by reference to the Federal Funds Rate) shall be calculated based on a year of 365 or 366 days, as appropriate. Interest shall accrue from and include the date of borrowing, but exclude the date of payment.

Appears in 4 contracts

Samples: Credit Agreement (School Specialty Inc), Credit Agreement (School Specialty Inc), Credit Agreement (Navigant International Inc)

Payments, Computations, etc. (a) Except as Unless otherwise specifically provided hereinexpressly provided, all payments hereunder by the Borrower pursuant to this Agreement or the Notes shall be made by the Borrower to the Administrative Agent for the pro rata account (determined using the Equivalent in Dollars of any portion of the Loans that are denominated in Euro) of and as agent for the Lenders entitled to receive such payment. All such payments required to be made to the Administrative Agent in dollars in immediately available fundsshall be made, without offsetsetoff, deductiondeduction or counterclaim, counterclaim or withholding of any kind, at the Administrative Agent’s office specified in Schedule 10.1 not later than 4:00 P.M. 12:00 noon, London time, in the case of payments made in Euro, and 11:00 a.m. New York time, in the case of payments made in Dollars, on the date when due, in same day or immediately available funds through the New York Clearing House Interbank Payments System (or such other funds as may be customary for the settlement of international banking transactions in Dollars or Euro, as applicable), to such account as the Administrative Agent shall specify from time to time by notice to the Borrower. Payments Funds received after such that time shall be deemed to have been received by the Administrative Agent on the next succeeding Business Day. The Administrative Agent may shall promptly (but shall not be obligated toin any event on the same Business Day that the same are received or, as contemplated in the immediately preceding sentence, deemed received) debit the amount remit in same day funds to each Lender its share, if any, of any such payment which is not made payments received by such time to any ordinary deposit account of the Borrower maintained with the Administrative Agent (with notice to for the Borrower)account of such Lender without any setoff, deduction or counterclaim. The Borrower shall, at the time it makes any payment under this Credit Agreement, specify to the Administrative Agent the Loans, Fees, All interest or other amounts payable by the Borrower hereunder to which such payment is to be applied (and in the event that it fails so to specify, or if such application would be inconsistent with the terms hereof, the Administrative Agent shall distribute such payment to the Lenders in such manner as the Administrative Agent may determine to be appropriate fees in respect of obligations owing by the Borrower hereunderLoans denominated in Dollars shall be paid in Dollars and all interest and fees in respect of Loans denominated in Euro shall be payable in Euro, subject to the terms of Section 3.12(a)). The Administrative Agent will distribute such payments to such Lenders, if any such payment is received prior to 12:00 Noon on a Business Day and in like funds as received prior to the end of such Business Day and otherwise the Administrative Agent will distribute such payment to such Lenders each case shall be computed on the next succeeding Business Daybasis of the actual number of days (including the first day but excluding the last day) occurring during the period for which such interest or fee is payable over a year comprised of 360 days. Whenever any payment hereunder to be made shall be stated to otherwise be due on a day which is not a Business Day, the due date thereof such payment shall be extended to made on the next succeeding Business Day (subject to accrual of interest and Fees for the period of such extension), except that in the case of Eurodollar Loans, if the extension would cause the payment to be made in unless the next following succeeding Business Day is the first Business Day of a calendar month, then in which case such payment shall instead be made on the next preceding Business Day. Except as expressly provided otherwise herein, all computations of interest and fees shall be made on the basis Business Day preceding the first Business Day of actual number such calendar month) and such extension of days elapsed over a year of 360 days, except with respect to computation of interest on Base Rate Loans which time shall be calculated based on a year of 365 or 366 daysincluded in computing interest and fees, as appropriate. Interest shall accrue from and include the date of borrowingif any, but exclude the date of in connection with such payment.

Appears in 4 contracts

Samples: Credit Agreement (Royal Caribbean Cruises LTD), Credit Agreement (Royal Caribbean Cruises LTD), Credit Agreement (Royal Caribbean Cruises LTD)

Payments, Computations, etc. (a) Except as Unless otherwise specifically provided hereinexpressly provided, all payments hereunder by the Borrower pursuant to this Agreement or the Notes shall be made by the Borrower to the Administrative Agent for the pro rata account of the Lenders entitled to receive such payment. All such payments required to be made to the Administrative Agent in dollars in immediately available fundsshall be made, without offsetsetoff, deductiondeduction or counterclaim, counterclaim or withholding of any kind, at the Administrative Agent’s office specified in Schedule 10.1 not later than 4:00 P.M. 11:00 a.m., New York time, on the date when due, in same day or immediately available funds through the New York Clearing House Interbank Payments System (or such other funds as may be customary for the settlement of international banking transactions in Dollars), to such account as the Administrative Agent shall specify from time to time by notice to the Borrower. Payments Funds received after such that time shall be deemed to have been received by the Administrative Agent on the next succeeding Business Day. The Administrative Agent may shall promptly (but shall not be obligated toin any event on the same Business Day that the same are received or, as contemplated in the immediately preceding sentence, deemed received) debit the amount remit in same day funds to each Lender its share, if any, of any such payment which is not made payments received by such time to any ordinary deposit account of the Borrower maintained with the Administrative Agent for the account of such Lender without any setoff, deduction or counterclaim. All interest and fees shall be computed on the basis of the actual number of days (with notice to including the Borrower). The Borrower shall, at first day but excluding the time it makes any payment under this Credit Agreement, specify to last day) occurring during the Administrative Agent the Loans, Fees, period for which such interest or other amounts fee is payable by the Borrower hereunder to which such payment is to be applied (and in the event that it fails so to specify, or if such application would be inconsistent with the terms hereof, the Administrative Agent shall distribute such payment to the Lenders in such manner as the Administrative Agent may determine to be appropriate in respect over a year comprised of obligations owing by the Borrower hereunder, subject to the terms of Section 3.12(a)). The Administrative Agent will distribute such payments to such Lenders, if any such payment is received prior to 12:00 Noon on a Business Day in like funds as received prior to the end of such Business Day and otherwise the Administrative Agent will distribute such payment to such Lenders on the next succeeding Business Day360 days. Whenever any payment hereunder to be made shall be stated to otherwise be due on a day which is not a Business Day, such payment shall (except as otherwise required by clause (c) of the due date thereof shall definition of the term “Interest Period”) be extended to made on the next succeeding Business Day (subject to accrual and such extension of time shall be included in computing interest and Fees for the period of such extension), except that in the case of Eurodollar Loansfees, if the extension would cause the payment to be made any, in the next following calendar month, then connection with such payment shall instead be made on the next preceding Business Day. Except as expressly provided otherwise herein, all computations of interest and fees shall be made on the basis of actual number of days elapsed over a year of 360 days, except with respect to computation of interest on Base Rate Loans which shall be calculated based on a year of 365 or 366 days, as appropriate. Interest shall accrue from and include the date of borrowing, but exclude the date of payment.

Appears in 3 contracts

Samples: Credit Agreement (Royal Caribbean Cruises LTD), Credit Agreement (Royal Caribbean Cruises LTD), Credit Agreement (Royal Caribbean Cruises LTD)

Payments, Computations, etc. (a) Except as Unless otherwise specifically provided hereinexpressly provided, all payments hereunder by the Borrower pursuant to this Agreement or the Notes shall be made by the Borrower to the Administrative Agent for the pro rata account of and as agent for the Lenders entitled to receive such payment. All such payments required to be made to the Administrative Agent in dollars in immediately available fundsshall be made, without offsetsetoff, deductiondeduction or counterclaim, counterclaim or withholding of any kind, at the Administrative Agent’s office specified in Schedule 10.1 not later than 4:00 P.M. 11:00 a.m., New York time, on the date when due, in same day or immediately available funds through the New York Clearing House Interbank Payments System (or such other funds as may be customary for the settlement of international banking transactions in Dollars), to such account as the Administrative Agent shall specify from time to time by notice to the Borrower. Payments Funds received after such that time shall be deemed to have been received by the Administrative Agent on the next succeeding Business Day. The Administrative Agent may shall promptly (but shall not be obligated toin any event on the same Business Day that the same are received or, as contemplated in the immediately preceding sentence, deemed received) debit the amount remit in same day funds to each Lender its share, if any, of any such payment which is not made payments received by such time to any ordinary deposit account of the Borrower maintained with the Administrative Agent for the account of such Lender without any setoff, deduction or counterclaim. All interest and fees shall be computed on the basis of the actual number of days (with notice to including the Borrower). The Borrower shall, at first day but excluding the time it makes any payment under this Credit Agreement, specify to last day) occurring during the Administrative Agent the Loans, Fees, period for which such interest or other amounts fee is payable by the Borrower hereunder to which such payment is to be applied (and in the event that it fails so to specify, or if such application would be inconsistent with the terms hereof, the Administrative Agent shall distribute such payment to the Lenders in such manner as the Administrative Agent may determine to be appropriate in respect over a year comprised of obligations owing by the Borrower hereunder, subject to the terms of Section 3.12(a)). The Administrative Agent will distribute such payments to such Lenders, if any such payment is received prior to 12:00 Noon on a Business Day in like funds as received prior to the end of such Business Day and otherwise the Administrative Agent will distribute such payment to such Lenders on the next succeeding Business Day360 days. Whenever any payment hereunder to be made shall be stated to otherwise be due on a day which is not a Business Day, the due date thereof such payment shall be extended to made on the next succeeding Business Day (subject to accrual of interest and Fees for the period of such extension), except that in the case of Eurodollar Loans, if the extension would cause the payment to be made in unless the next following succeeding Business Day is the first Business Day of a calendar month, then in which case such payment shall instead be made on the next preceding Business Day. Except as expressly provided otherwise herein, all computations of interest and fees shall be made on the basis Business Day preceding the first Business Day of actual number such calendar month) and such extension of days elapsed over a year of 360 days, except with respect to computation of interest on Base Rate Loans which time shall be calculated based on a year of 365 or 366 daysincluded in computing interest and fees, as appropriate. Interest shall accrue from and include the date of borrowingif any, but exclude the date of in connection with such payment.

Appears in 3 contracts

Samples: Credit Agreement (Royal Caribbean Cruises LTD), Credit Agreement (Royal Caribbean Cruises LTD), Credit Agreement (Royal Caribbean Cruises LTD)

Payments, Computations, etc. (a) Except as otherwise specifically provided herein, all payments hereunder shall be made to the Administrative Agent in dollars in immediately available funds, without offset, deduction, counterclaim or withholding of any kind, at the Administrative Agent’s 's office specified in Schedule 10.1 Section 11.1 not later than 4:00 2:00 P.M. (Charlotte, North Carolina time) on the date when due. Payments received after such time shall be deemed to have been received on the next succeeding Business Day. The Administrative Agent may (but shall not be obligated to) debit the amount of any such payment which is not made by such time to any ordinary deposit account of the Borrower maintained with the Administrative Agent (with notice to the Borrower). The Borrower shall, at the time it makes any payment under this Credit Agreement, specify to the Administrative Agent the Loans, Fees, interest or other amounts payable by the Borrower hereunder to which such payment is to be applied (and in the event that it fails so to specify, or if such application would be inconsistent with the terms hereof, the Administrative Agent shall distribute such payment to the Lenders in such manner as the Administrative Agent may determine to be appropriate in respect of obligations owing by the Borrower hereunder, subject to the terms of Section 3.12(a)). The Administrative Agent will distribute such payments to such Lenders, if any such payment is received prior to 12:00 Noon (Charlotte, North Carolina time) on a Business Day in like funds as received prior to the end of such Business Day and otherwise the Administrative Agent will distribute such payment to such Lenders on the next succeeding Business Day. Whenever any payment hereunder shall be stated to be due on a day which is not a Business Day, the due date thereof shall be extended to the next succeeding Business Day (subject to accrual of interest and Fees for the period of such extension), except that in the case of Eurodollar Loans, if the extension would cause the payment to be made in the next following calendar month, then such payment shall instead be made on the next preceding Business Day. Except as expressly provided otherwise herein, all computations of interest and fees shall be made on the basis of actual number of days elapsed over a year of 360 days, except with respect to computation of interest on Base Rate Loans which (unless the Base Rate is determined by reference to the Federal Funds Rate) shall be calculated based on a year of 365 or 366 days, as appropriate. Interest shall accrue from and include the date of borrowing, but exclude the date of payment.

Appears in 3 contracts

Samples: Credit Agreement (United Dominion Realty Trust Inc), Credit Agreement (United Dominion Realty Trust Inc), Credit Agreement (United Dominion Realty Trust Inc)

Payments, Computations, etc. (a) Except as otherwise specifically provided herein, all payments hereunder shall be made to the Administrative Agent in dollars Dollars in immediately available funds, without offset, deduction, counterclaim or withholding of any kind, at the Administrative Agent’s 's office specified in Schedule 10.1 Section 9.1 not later than 4:00 2:00 P.M. (Charlotte, North Carolina time) on the date when due. Payments received after such time shall be deemed to have been received on the next succeeding Business Day. The Administrative Agent may (but shall not be obligated to) debit the amount of any such payment which is not made by such time to any ordinary deposit account of the Borrower maintained with the Administrative Agent (with notice to the Borrower). The Borrower shall, at the time it makes any payment under this Credit Agreement, specify to the Administrative Agent the Loans, Fees, interest or other amounts payable by the Borrower hereunder to which such payment is to be applied (and in the event that it fails so to specify, or if such application would be inconsistent with the terms hereof, the Administrative Agent shall distribute such payment to the Lenders in such manner as the Administrative Agent may determine to be appropriate in respect of obligations owing by the Borrower hereunder, subject to the terms of Section 3.12(a)). The Administrative Agent will distribute such payments to such Lenders, if any such payment is received prior to 12:00 Noon (Charlotte, North Carolina time) on a Business Day in like funds as received prior to the end of such Business Day and otherwise the Administrative Agent will distribute such payment to such Lenders on the next succeeding Business Day. Whenever any payment hereunder shall be stated to be due on a day which is not a Business Day, the due date thereof shall be extended to the next succeeding Business Day (subject to accrual of interest and Fees for the period of such extension), except that in the case of Eurodollar Loans, if the extension would cause the payment to be made in the next following calendar month, then such payment shall instead be made on the next preceding Business Day. Except as expressly provided otherwise herein, all computations of interest and fees shall be made on the basis of actual number of days elapsed over a year of 360 days, except with respect to computation of interest on Base Rate Loans which (unless the Base Rate is determined by reference to the Federal Funds Rate) shall be calculated based on a year of 365 or 366 days, as appropriate. Interest shall accrue from and include the date of borrowing, but exclude the date of payment.

Appears in 3 contracts

Samples: Credit Agreement (Amerisource Distribution Corp), Credit Agreement (Amerisource Distribution Corp), Credit Agreement (Amerisource Distribution Corp)

Payments, Computations, etc. (a) Except as otherwise specifically provided herein, all payments hereunder shall be made to the Administrative Agent in dollars Dollars and in immediately available funds, without offsetsetoff, deduction, counterclaim or withholding of any kind, at the Administrative Agent’s office specified in Schedule 10.1 Section 11.1 not later than 4:00 2:00 P.M. (Charlotte, North Carolina time) on the date when due. Payments received after such time shall be deemed to have been received on the next succeeding Business Day. The Administrative Agent may (but shall not be obligated to) debit the amount of any such payment which is not made by such time to any ordinary deposit account of the Borrower maintained with the Administrative Agent (with notice to the Borrower). The Borrower shall, at the time it makes any payment under this Credit Agreement, specify to the Administrative Agent the Revolving Loans, LOC Obligations, Fees, interest or other amounts payable by the Borrower hereunder to which such payment is to be applied (and in the event that it fails so to specify, or if such application would be inconsistent with the terms hereof, the Administrative Agent shall distribute such payment to the Lenders in such manner as the Administrative Agent may determine to be appropriate in respect of obligations owing by the Borrower hereunder, subject to the terms of Section 3.12(a3.13(a)). The Administrative Agent will distribute such payments to such Lenders, if any such payment is received prior to 12:00 Noon (Charlotte, North Carolina time) on a Business Day in like funds as received prior to the end of such Business Day and otherwise the Administrative Agent will distribute such payment to such Lenders on the next succeeding Business Day. Whenever any payment hereunder shall be stated to be due on a day which is not a Business Day, the due date thereof shall be extended to the next succeeding Business Day (subject to accrual of interest and Fees for the period of such extension), except that in the case of Eurodollar Loans, if the extension would cause the payment to be made in the next following calendar month, then such payment shall instead be made on the next preceding Business Day. Except as expressly provided otherwise herein, all computations of interest and fees shall be made on the basis of actual number of days elapsed over a year of 360 days, except with respect to computation of interest on Base Rate Loans which (unless the Base Rate is determined by reference to the Federal Funds Rate) shall be calculated based on a year of 365 or 366 days, as appropriate. Interest shall accrue from and include the date of borrowing, but exclude the date of payment.

Appears in 3 contracts

Samples: Pledge Agreement (Lincare Holdings Inc), Pledge Agreement (Lincare Holdings Inc), Credit Agreement (Lincare Holdings Inc)

Payments, Computations, etc. (a) Except as otherwise specifically provided herein, all payments hereunder (other than payments in respect of Competitive Loans) shall be made to the Administrative Agent in dollars in immediately available funds, without offset, deduction, counterclaim or withholding of any kind, at the Administrative Agent’s 's office specified in Schedule 10.1 2.1(a) not later than 4:00 P.M. (Boston, Massachusetts time) on the date when due. Payments received after such time shall be deemed to have been received on the next succeeding Business Day. The Administrative Agent may (but shall not be obligated to) debit the amount of any such payment which is not made by such time to any ordinary deposit account of the Borrower maintained with the Administrative Agent (with notice to the Borrower). The Borrower shall, at the time it makes any payment under this Credit AgreementAgreement (other than payments in respect of Competitive Loans), specify to the Administrative Agent the Loans, Fees, interest or other amounts payable by the Borrower hereunder to which such payment is to be applied (and in the event that it fails so to specify, or if such application would be inconsistent with the terms hereof, the Administrative Agent shall distribute such payment to the Lenders in such manner as the Administrative Agent may determine to be appropriate in respect of obligations owing by the Borrower hereunder, subject to the terms of Section 3.12(a)). The Administrative Agent will distribute such payments to such Lenders, if any such payment is received prior to 12:00 Noon (Boston, Massachusetts time) on a Business Day in like funds as received prior to the end of such Business Day and otherwise the Administrative Agent will distribute such payment to such Lenders on the next succeeding Business Day. All payments of principal and interest in respect of Competitive Loans shall be made in accordance with the terms of Section 2.2. Whenever any payment hereunder shall be stated to be due on a day which is not a Business Day, the due date thereof shall be extended to the next succeeding Business Day (subject to accrual of interest and Fees for the period of such extension), except that in the case of Eurodollar Loans, if the extension would cause the payment to be made in the next following calendar month, then such payment shall instead be made on the next preceding Business Day. Except as expressly provided otherwise herein, all computations of interest and fees shall be made on the basis of actual number of days elapsed over a year of 360 days, except with respect to computation of interest on Base Rate Loans which (unless the Base Rate is determined by reference to the Federal Funds Rate) shall be calculated based on a year of 365 or 366 days, as appropriate. Interest shall accrue from and include the date of borrowing, but exclude the date of payment.

Appears in 2 contracts

Samples: Credit Agreement (Autozone Inc), Credit Agreement (Autozone Inc)

Payments, Computations, etc. (a) Except as otherwise specifically provided herein, all payments hereunder shall be made to the Administrative Agent in dollars Dollars in immediately available funds, without offset, deduction, counterclaim or withholding of any kind, at the Administrative Agent’s 's office specified in Schedule 10.1 2.1(a) not later than 4:00 2:00 P.M. (Cincinnati, Ohio time) on the date when due. Payments received after such time shall be deemed to have been received on the next succeeding Business Day. The Administrative Agent may (but shall not be obligated to) debit the amount of any such payment which is not made by such time to any ordinary deposit account of the Borrower maintained with the Administrative Agent (with notice to the Borrower). The Borrower shall, at the time it makes any payment under this Credit Agreement, specify to the Administrative Agent the Loans, Fees, interest or other amounts payable by the Borrower hereunder to which such payment is to be applied (and in the event that it fails so to specify, or if such application would be inconsistent with the terms hereof, the Administrative Agent shall distribute such payment to the Lenders in such manner as the Administrative Agent may determine to be appropriate in respect of obligations owing by the Borrower hereunder, subject to the terms of Section 3.12(a)). The Administrative Agent will distribute such payments to such Lenders, if any such payment is received prior to 12:00 Noon (Cincinnati, Ohio time) on a Business Day in like funds as received prior to the end of such Business Day and otherwise the Administrative Agent will distribute such payment to such Lenders on the next succeeding Business Day. Whenever any payment hereunder shall be stated to be due on a day which is not a Business Day, the due date thereof shall be extended to the next succeeding Business Day (subject to accrual of interest and Fees for the period of such extension), except that in the case of Eurodollar Loans, if the extension would cause the payment to be made in the next following calendar month, then such payment shall instead be made on the next preceding Business Day. Except as expressly provided otherwise herein, all computations of interest and fees Fees shall be made on the basis of actual number of days elapsed over a year of 360 days, except with respect to computation of interest on Base Rate Loans which shall be calculated based on a year of days (or 365 or 366 days, as appropriatethe case may be, in the case of Facility Fees and Base Rate Loans based on the Prime Rate). Interest shall accrue from and include the date of borrowing, but shall exclude the date of payment.

Appears in 2 contracts

Samples: Credit Agreement (Kendle International Inc), Credit Agreement (Kendle International Inc)

Payments, Computations, etc. (a) Except as otherwise specifically provided herein, all payments hereunder shall be made to the Administrative Agent in dollars in immediately available funds, without offset, deduction, counterclaim or withholding of any kind, at the Administrative Agent’s 's office specified in Schedule 10.1 2.1(a) not later than 4:00 2:00 P.M. (Charlotte, North Carolina time) on the date when due. Payments received after such time shall be deemed to have been received on the next succeeding Business Day. The Administrative Agent may (but shall not be obligated to) debit the amount of any such payment which is not made by such time to any ordinary deposit account of the Borrower maintained with the Administrative Agent (with notice to the Borrower). The Borrower shall, at the time it makes any payment under this Credit Agreement, specify to the Administrative Agent the Loans, LOC Obligations, Fees, interest or other amounts payable by the Borrower hereunder to which such payment is to be applied (and in the event that it fails so to specify, or if such application would be inconsistent with the terms hereof, the Administrative Agent shall distribute such payment to the Lenders in such manner as the Administrative Agent may determine to be appropriate in respect of obligations owing by the Borrower hereunder, subject to the terms of Section 3.12(a3.13(a)). The Administrative Agent will distribute such payments to such Lenders, if any such payment is received prior to 12:00 Noon (Charlotte, North Carolina time) on a Business Day in like funds as received prior to the end of such Business Day and otherwise the Administrative Agent will distribute such payment to such Lenders on the next succeeding Business Day. Whenever any payment hereunder shall be stated to be due on a day which is not a Business Day, the due date thereof shall be extended to the next succeeding Business Day (subject to accrual of interest and Fees for the period of such extension), except that in the case of Eurodollar Loans, if the extension would cause the payment to be made in the next following calendar month, then such payment shall instead be made on the next preceding Business Day. Except as expressly provided otherwise herein, all computations of interest and fees shall be made on the basis of actual number of days elapsed over a year of 360 days, except with respect to computation of interest on Base Rate Loans which (unless the Base Rate is determined by reference to the Federal Funds Rate) shall be calculated based on a year of 365 or 366 days, as appropriate. Interest shall accrue from and include the date of borrowing, but exclude the date of payment.

Appears in 2 contracts

Samples: Credit Agreement (Pluma Inc), Credit Agreement (Resortquest International Inc)

Payments, Computations, etc. (a) Except as otherwise specifically provided herein, all payments hereunder shall be made to the Administrative Agent Lender in dollars Dollars in immediately available funds, without offsetcondition or deduction for any counterclaim, deductiondefense, counterclaim recoupment or withholding of any kind, at the Administrative Agent’s office specified in Schedule 10.1 setoff not later than 4:00 P.M. 2:00 p.m. (Atlanta, Georgia time) on the date when due. Payments received after such time shall be deemed to have been received on the next succeeding Business Day. The Administrative Agent Lender may (but shall not be obligated to) debit the amount of any such payment which is not made by such time to any ordinary deposit account of the Borrower or any other Credit Party maintained with the Administrative Agent Lender (with notice to the BorrowerBorrower or such other Credit Party). The Borrower shall, at the time it makes any payment under this Credit Agreement, specify to the Administrative Agent Lender the Loans, LOC Obligations, Fees, interest or other amounts payable by the Borrower hereunder to which such payment is to be applied (and in the event that it fails so to specify, or if such application would be inconsistent with the terms hereof, the Administrative Agent shall distribute such payment to the Lenders in such manner as the Administrative Agent may determine to be appropriate in respect of obligations owing by the Borrower hereunder, subject to the terms of Section 3.12(a)). The Administrative Agent will distribute such payments to such Lenders, if any such payment is received prior to 12:00 Noon on a Business Day in like funds as received prior to the end of such Business Day and otherwise the Administrative Agent will distribute such payment to such Lenders on the next succeeding Business Dayapplied. Whenever any payment hereunder shall be stated to be due on a day which is not a Business Day, the due date thereof shall be extended to the next succeeding Business Day (subject to accrual of interest and Fees for the period of such extension), except that in the case of Eurodollar Loans, if the extension would cause the payment to be made in the next following calendar month, then such payment shall instead be made on the next preceding Business Day. Except as expressly provided otherwise herein, all computations of interest and fees shall be made on the basis of actual number of days elapsed over a year of 360 days, except with respect to computation of interest on Base Rate Loans which shall be calculated based on a year of 365 or 366 days, as appropriate. Interest shall accrue from and include the date of borrowing, but exclude the date of payment.

Appears in 2 contracts

Samples: Credit Agreement (PRG Schultz International Inc), Credit Agreement (PRG Schultz International Inc)

Payments, Computations, etc. (a) Except as Unless otherwise specifically provided hereinexpressly provided, all payments hereunder by or on behalf of the Borrower pursuant to this Agreement, the Notes, each Letter of Credit or any other Loan Document shall be made by the Borrower to the Administrative Agent for the pro rata account of the Lenders entitled to receive such payment. All such payments required to be made to the Administrative Agent shall be made, without setoff, deduction or counterclaim, not later than 12:00 noon, New York time, on the date due, in dollars in same day or immediately available funds, without offset, deduction, counterclaim or withholding of any kind, at to such account as the Administrative Agent’s office specified in Schedule 10.1 not later than 4:00 P.M. on Agent shall specify from time to time by notice to the date when dueBorrower. Payments Funds received after such that time shall be deemed to have been received by the Administrative Agent on the next succeeding Business Day. The Administrative Agent may (but shall not be obligated to) debit the amount promptly remit in same day funds to each Lender its share, if any, of any such payment which is not made payments received by such time to any ordinary deposit account of the Borrower maintained with the Administrative Agent for the account of such Lender. All interest and fees shall be computed on the basis of the actual number of days (with notice to including the Borrower). The Borrower shall, at first day but excluding the time it makes any payment under this Credit Agreement, specify to last day) occurring during the Administrative Agent the Loans, Fees, period for which such interest or other amounts fee is payable by the Borrower hereunder to which such payment is to be applied over a year comprised of 360 days (and or, in the event that it fails so to specifycase of interest on a Base Rate Loan based on Administrative Agent’s base rate, or if such application would be inconsistent with the terms hereof, the Administrative Agent shall distribute such payment to the Lenders in such manner as the Administrative Agent may determine to be appropriate in respect of obligations owing by the Borrower hereunder, subject to the terms of Section 3.12(a)). The Administrative Agent will distribute such payments to such Lenders365 days or, if any such payment is received prior to 12:00 Noon on a Business Day in like funds as received prior to the end of such Business Day and otherwise the Administrative Agent will distribute such payment to such Lenders on the next succeeding Business Dayappropriate, 366 days). Whenever any payment hereunder to be made shall be stated to otherwise be due on a day which is not a Business Day, such payment shall (except as otherwise required by clause (c) of the due date thereof shall definition of the term “Interest Period”) be extended to made on the next succeeding Business Day (subject to accrual and such extension of time shall be included in computing interest and Fees for fees, if any, in connection with such payment. The Borrower acknowledges that the period Lenders’ agreement to the amount of the Applicable Margin and fees payable under the Loan Documents is predicated on, among other things, the delivery by the Obligors pursuant to Section 7.1.1 of accurate and actual reporting of results of operation, and that the financial covenant ratios set forth in a Compliance Certificate shall only be treated by the Secured Parties as presumptive evidence of such extension), except actual results. If the actual Net Debt to EBITDA Ratio for any period is higher than that set forth in the case of Eurodollar Loans, if the extension would cause the payment to be made in the next following calendar montha Compliance Certificate for such period, then such payment shall instead be made on the next preceding Business Day. Except as expressly provided otherwise herein, all computations amount of interest and fees owing for such period shall be made on established by reference to the basis of actual number of days elapsed over a year of 360 Net Debt to EBITDA Ratio, and not such ratio set forth in the Compliance Certificate. Promptly, and in any event within three days, except with respect following the earlier of (i) the Borrower’s receipt of a notice from the Administrative Agent pursuant to computation this clause or (ii) the Borrower’s knowledge that the Net Debt to EBITDA Ratio for a particular period was higher than that reported for such period, the Borrower shall pay to the Administrative Agent for the pro rata account of the Lenders entitled to receive such payments all unpaid interest on Base Rate Loans which and fees for such period based upon the actual Net Debt to EBITDA Ratio. In no event will the Lenders be required to rebate interest or fees paid by the Borrower, and the payment of incremental interest or fees pursuant to this clause shall be calculated based on a year not adversely effect (and are without limitation of) the other rights and remedies of 365 or 366 days, as appropriate. Interest shall accrue from and include the date of borrowing, but exclude Secured Parties under the date of paymentLoan Documents.

Appears in 2 contracts

Samples: Amendment Agreement (Weight Watchers International Inc), Credit Agreement (Weight Watchers International Inc)

Payments, Computations, etc. (a) Except as otherwise specifically provided herein, all payments hereunder (other than payments in respect of Competitive Loans) shall be made to the Administrative Agent in dollars in immediately available funds, without offset, deduction, counterclaim or withholding of any kind, at the Administrative Agent’s office specified in Schedule 10.1 2.1(a) not later than 4:00 P.M. on the date when due. Payments received after such time shall be deemed to have been received on the next succeeding Business Day. The Administrative Agent may (but shall not be obligated to) debit the amount of any such payment which is not made by such time to any ordinary deposit account of the Borrower maintained with the Administrative Agent (with notice to the Borrower). The Borrower shall, at the time it makes any payment under this Credit AgreementAgreement (other than payments in respect of Competitive Loans), specify to the Administrative Agent the Loans, Fees, interest or other amounts payable by the Borrower hereunder to which such payment is to be applied (and in the event that it fails so to specify, or if such application would be inconsistent with the terms hereof, the Administrative Agent shall distribute such payment to the Lenders in such manner as the Administrative Agent may determine to be appropriate in respect of obligations owing by the Borrower hereunder, subject to the terms of Section 3.12(a)). The Administrative Agent will distribute such payments to such Lenders, if any such payment is received prior to 12:00 Noon on a Business Day in like funds as received prior to the end of such Business Day and otherwise the Administrative Agent will distribute such payment to such Lenders on the next succeeding Business Day. All payments of principal and interest in respect of Competitive Loans shall be made in accordance with the terms of Section 2.2. Whenever any payment hereunder shall be stated to be due on a day which is not a Business Day, the due date thereof shall be extended to the next succeeding Business Day (subject to accrual of interest and Fees for the period of such extension), except that in the case of Eurodollar Loans, if the extension would cause the payment to be made in the next following calendar month, then such payment shall instead be made on the next preceding Business Day. Except as expressly provided otherwise herein, all computations of interest and fees shall be made on the basis of actual number of days elapsed over a year of 360 days, except with respect to computation of interest on Base Rate Loans which (unless the Base Rate is determined by reference to the Federal Funds Rate) shall be calculated based on a year of 365 or 366 days, as appropriate. Interest shall accrue from and include the date of borrowing, but exclude the date of payment.

Appears in 2 contracts

Samples: Credit Agreement (Autozone Inc), Credit Agreement (Autozone Inc)

Payments, Computations, etc. (a) Except as otherwise specifically provided herein, all payments hereunder shall be made to the Administrative Agent in dollars in immediately available funds, without offset, deduction, counterclaim or withholding of any kind, at the Administrative Agent’s 's office specified in Schedule 10.1 2.1(a) not later than 4:00 2:00 P.M. (Charlotte, North Carolina time) on the date when due. Payments received after such time shall be deemed to have been received on the next succeeding Business Day. The Administrative Agent may (but shall not be obligated to) debit the amount of any such payment which is not made by such time to any ordinary deposit account of the Borrower maintained with the Administrative Agent (with notice to the Borrower). The Borrower shall, at the time it makes any payment under this Credit Agreement, specify to the Administrative Agent the Loans, LOC Obligations, Fees, interest or other amounts payable by the Borrower hereunder to which such payment is to be applied (and in the event that it fails so to specify, or if such application would be inconsistent with the terms hereof, the Administrative Agent shall distribute such payment to the Lenders in such manner as the Administrative Agent may determine to be appropriate in respect of obligations owing by the Borrower hereunder, subject to the terms of Section 3.12(a3.11(a)). The Administrative Agent will distribute such payments to such Lenders, if any such payment is received prior to 12:00 Noon (Charlotte, North Carolina time) on a Business Day in like funds as received prior to the end of such Business Day and otherwise the Administrative Agent will distribute such payment to such Lenders on the next succeeding Business Day. Whenever any payment hereunder shall be stated to be due on a day which is not a Business Day, the due date thereof shall be extended to the next succeeding Business Day (subject to accrual of interest and Fees for the period of such extension), except that in the case of Eurodollar Loans, if the extension would cause the payment to be made in the next following calendar month, then such payment shall instead be made on the next preceding Business Day. Except as expressly provided otherwise herein, all computations of interest and fees shall be made on the basis of actual number of days elapsed over a year of 360 days, except with respect to computation of interest on Base Rate Loans which (unless the Base Rate is determined by reference to the Federal Funds Rate) shall be calculated based on a year of 365 or 366 days, as appropriate. Interest shall accrue from and include the date of borrowing, but exclude the date of payment.

Appears in 2 contracts

Samples: Credit Agreement (Personnel Group of America Inc), Credit Agreement (Personnel Group of America Inc)

Payments, Computations, etc. (a) Except as otherwise specifically provided herein, all payments hereunder (other than payments in respect of Competitive Loans) shall be made to the Administrative Agent in dollars in immediately available funds, without offset, deduction, counterclaim or withholding of any kind, at the Administrative Agent’s 's office specified in Schedule 10.1 2.1(a) not later than 4:00 P.M. (Charlotte, North Carolina time) on the date when due. Payments received after such time shall be deemed to have been received on the next succeeding Business Day. The Administrative Agent may (but shall not be obligated to) debit the amount of any such payment which is not made by such time to any ordinary deposit account of the Borrower maintained with the Administrative Agent (with notice to the Borrower). The Borrower shall, at the time it makes any payment under this Credit AgreementAgreement (other than payments in respect of Competitive Loans), specify to the Administrative Agent the Loans, Fees, interest or other amounts payable by the Borrower hereunder to which such payment is to be applied (and in the event that it fails so to specify, or if such application would be inconsistent with the terms hereof, the Administrative Agent shall distribute such payment to the Lenders in such manner as the Administrative Agent may determine to be appropriate in respect of obligations owing by the Borrower hereunder, subject to the terms of Section 3.12(a)). The Administrative Agent will distribute such payments to such Lenders, if any such payment is received prior to 12:00 Noon (Charlotte, North Carolina time) on a Business Day in like funds as received prior to the end of such Business Day and otherwise the Administrative Agent will distribute such payment to such Lenders on the next succeeding Business Day. All payments of principal and interest in respect of Competitive Loans shall be in accordance with the terms of Section 2.2. Whenever any payment hereunder shall be stated to be due on a day which is not a Business Day, the due date thereof shall be extended to the next succeeding Business Day (subject to accrual of interest and Fees for the period of such extension), except that in the case of Eurodollar Loans, if the extension would cause the payment to be made in the next following calendar month, then such payment shall instead be made on the next preceding Business Day. Except as expressly provided otherwise herein, all computations of interest and fees shall be made on the basis of actual number of days elapsed over a year of 360 days, except with respect to computation of interest on Base Rate Loans which (unless the Base Rate is determined by reference to the Federal Funds Rate) shall be calculated based on a year of 365 or 366 days, as appropriate. Interest shall accrue from and include the date of borrowing, but exclude the date of payment.

Appears in 2 contracts

Samples: Credit Agreement (Autozone Inc), Credit Agreement (Autozone Inc)

Payments, Computations, etc. (a) Except as otherwise specifically provided herein, all payments hereunder (other than payments in respect of Competitive Loans) shall be made to the Administrative Agent in dollars in immediately available funds, without offset, deduction, counterclaim or withholding of any kind, at the Administrative Agent’s 's office specified in Schedule 10.1 2.1(a) not later than 4:00 P.M. (Charlotte, North Carolina time) on the date when due. Payments received after such time shall be deemed to have been received on the next succeeding Business Day. The Administrative Agent may (but shall not be obligated to) debit the amount of any such payment which is not made by such time to any ordinary deposit account of the Borrower maintained with the Administrative Agent (with notice to the Borrower). The Borrower shall, at the time it makes any payment under this Credit AgreementAgreement (other than payments in respect of Competitive Loans), specify to the Administrative Agent the Loans, Fees, interest or other amounts payable by the Borrower hereunder to which such payment is to be applied (and in the event that it fails so to specify, or if such application would be inconsistent with the terms hereof, the Administrative Agent shall distribute such payment to the Lenders in such manner as the Administrative Agent may determine to be appropriate in respect of obligations owing by the Borrower hereunder, subject to the terms of Section 3.12(a)). The Administrative Agent will distribute such payments to such Lenders, if any such payment is received prior to 12:00 Noon (Charlotte, North Carolina time) on a Business Day in like funds as received prior to the end of such Business Day and otherwise the Administrative Agent will distribute such payment to such Lenders on the next succeeding Business Day. All payments of principal and interest in respect of Competitive Loans shall be made in accordance with the terms of Section 2.2. Whenever any payment hereunder shall be stated to be due on a day which is not a Business Day, the due date thereof shall be extended to the next succeeding Business Day (subject to accrual of interest and Fees for the period of such extension), except that in the case of Eurodollar Loans, if the extension would cause the payment to be made in the next following calendar month, then such payment shall instead be made on the next preceding Business Day. Except as expressly provided otherwise herein, all computations of interest and fees shall be made on the basis of actual number of days elapsed over a year of 360 days, except with respect to computation of interest on Base Rate Loans which (unless the Base Rate is determined by reference to the Federal Funds Rate) shall be calculated based on a year of 365 or 366 days, as appropriate. Interest shall accrue from and include the date of borrowing, but exclude the date of payment.

Appears in 2 contracts

Samples: Credit Agreement (Autozone Inc), Day Credit Agreement (Autozone Inc)

Payments, Computations, etc. (a) Except as otherwise specifically provided herein, all payments hereunder shall be made to the Administrative Agent in dollars in immediately available funds, without offset, deduction, counterclaim or withholding of any kind, at the Administrative Agent’s 's office specified in Schedule 10.1 2.1(a) not later than 4:00 P.M. (Charlotte, North Carolina time) on the date when due. Payments received after such time shall be deemed to have been received on the next succeeding Business Day. The Administrative Agent may (but shall not be obligated to) debit the amount of any such payment which is not made by such time to any ordinary deposit account of the Borrower maintained with the Administrative Agent (with notice to the Borrower). The Borrower shall, at the time it makes any payment under this Credit Agreement, specify to the Administrative Agent the Loans, Fees, interest or other amounts payable by the Borrower hereunder to which such payment is to be applied (and in the event that it fails so to specify, or if such application would be inconsistent with the terms hereof, the Administrative Agent shall distribute such payment to the Lenders in such manner as the Administrative Agent may determine to be appropriate in respect of obligations owing by the Borrower hereunder, subject to the terms of Section 3.12(a)). The Administrative Agent will distribute such payments to such Lenders, if any such payment is received prior to 12:00 Noon (Charlotte, North Carolina time) on a Business Day in like funds as received prior to the end of such Business Day and otherwise the Administrative Agent will distribute such payment to such Lenders on the next succeeding Business Day. Whenever any payment hereunder shall be stated to be due on a day which is not a Business Day, the due date thereof shall be extended to the next succeeding Business Day (subject to accrual of interest and Fees for the period of such extension), except that in the case of Eurodollar Loans, if the extension would cause the payment to be made in the next following calendar month, then such payment shall instead be made on the next preceding Business Day. Except as expressly provided otherwise herein, all computations of interest and fees shall be made on the basis of actual number of days elapsed over a year of 360 days, except with respect to computation of interest on Base Rate Loans which (unless the Base Rate is determined by reference to the Federal Funds Rate) shall be calculated based on a year of 365 or 366 days, as appropriate. Interest shall accrue from and include the date of borrowing, but exclude the date of payment.

Appears in 2 contracts

Samples: Credit Agreement (Autozone Inc), Credit Agreement (Autozone Inc)

Payments, Computations, etc. (a) Except as otherwise specifically provided herein, all payments hereunder shall be made to the Administrative Agent in dollars in immediately available funds, without offset, deduction, counterclaim or withholding of any kind, at the Administrative Agent’s 's office specified in Schedule 10.1 Section 11.1 not later than 4:00 2:00 P.M. (Charlotte, North Carolina time) on the date when due. Payments received after such time shall be deemed to have been received on the next succeeding Business Day. The Administrative Agent may (but shall not be obligated to) debit the amount of any such payment which is not made by such time to any ordinary deposit account of the Borrower maintained with the Administrative Agent (with notice to the Borrower). The Borrower shall, at the time it makes any payment under this Credit Agreement, specify to the Administrative Agent the Loans, LOC Obligations, Fees, interest or other amounts payable by the Borrower hereunder to which such payment is to be applied (and in the event that it fails so to specify, or if such application would be inconsistent with the terms hereof, the Administrative Agent shall distribute such payment to the Lenders in such manner as the Administrative Agent may determine to be appropriate in respect of obligations owing by the Borrower hereunder, subject to the terms of Section 3.12(a)). The Administrative Agent will distribute such payments to such Lenders, if any such payment is received prior to 12:00 Noon (Charlotte, North Carolina time) on a Business Day in like funds as received prior to the end of such Business Day and otherwise the Administrative Agent will distribute such payment to such Lenders on the next succeeding Business Day. Whenever any payment hereunder shall be stated to be due on a day which is not a Business Day, the due date thereof shall be extended to the next succeeding Business Day (subject to accrual of interest and Fees for the period of such extension), except that in the case of Eurodollar Loans, if the extension would cause the payment to be made in the next following calendar month, then such payment shall instead be made on the next preceding Business Day. Except as expressly provided otherwise herein, all computations of interest and fees shall be made on the basis of actual number of days elapsed over a year of 360 days, except with respect to computation of interest on Base Rate Loans which (unless the Base Rate is determined by reference to the Federal Funds Rate) shall be calculated based on a year of 365 or 366 days, as appropriate. Interest shall accrue from and include the date of borrowing, but exclude the date of payment.

Appears in 2 contracts

Samples: Credit Agreement (Pca International Inc), Credit Agreement (Pca International Inc)

Payments, Computations, etc. (a) Except as otherwise specifically provided herein, all payments hereunder shall be made to the Administrative Agent in dollars in immediately available funds, without offsetsetoff, deduction, counterclaim or withholding of any kind, at the Administrative Agent’s 's office specified in Schedule 10.1 Section 11.1 not later than 4:00 2:00 P.M. (Charlotte, North Carolina time) on the date when due. Payments received after such time shall be deemed to have been received on the next succeeding Business Day. The Administrative Agent may (but shall not be obligated to) debit the amount of any such payment which is not made by such time to any ordinary deposit account of the Borrower maintained with the Administrative Agent (with notice to the Borrower). The Borrower shall, at the time it makes any payment under this Credit Agreement, specify to the Administrative Agent the Loans, LOC Obligations, Fees, interest or other amounts payable by the Borrower hereunder to which such payment is to be applied (and in the event that it fails so to specify, or if such application would be inconsistent with the terms hereof, the Administrative Agent shall distribute such payment to the Lenders in such manner as the Administrative Agent may determine to be appropriate in respect of obligations owing by the Borrower hereunder, subject to the terms of Section 3.12(a)). The Administrative Agent will distribute such payments to such Lenders, if any such payment is received prior to 12:00 Noon 2:00 P.M. (Charlotte, North Carolina time) on a Business Day Day, in like funds as received prior to the end of such Business Day and otherwise the Administrative Agent will distribute such payment to such Lenders on the next succeeding Business Day. Whenever any payment hereunder shall be stated to be due on a day which is not a Business Day, the due date thereof shall be extended to the next succeeding Business Day (subject to accrual of interest and Fees for the period of such extension), except that in the case of Eurodollar Loans, if the extension would cause the payment to be made in the next following calendar month, then such payment shall instead be made on the next preceding Business Day. Except as expressly provided otherwise herein, all computations of interest and fees shall be made on the basis of actual number of days elapsed over a year of 360 days, except with respect to computation of interest on Base Rate Loans which (unless the Base Rate is determined by reference to the Federal Funds Rate) shall be calculated based on a year of 365 or 366 days, as appropriate. Interest shall accrue from and include the date of borrowing, but exclude the date of payment.

Appears in 1 contract

Samples: Credit Agreement (School Specialty Inc)

Payments, Computations, etc. (a) Except as otherwise specifically provided herein, all payments hereunder shall be made to the Administrative Agent in dollars Dollars in immediately available funds, without offsetsetoff, deduction, counterclaim or withholding of any kind, at the Administrative Agent’s 's office specified in Schedule 10.1 2.1(a) not later than 4:00 2:00 P.M. (Charlotte, North Carolina time) on the date when due. Payments received after such time shall be deemed to have been received on the next succeeding Business Day. The Administrative Agent may (but shall not be obligated to) debit the amount of any such payment which is not made by such time to any ordinary deposit account of the Borrower or any other Credit Party maintained with the Administrative Agent (with notice to the BorrowerBorrower or such other Credit Party). The Borrower shall, at the time it makes any payment under this Credit Agreement, specify to the Administrative Agent the Loans, LOC Obligations, Fees, interest or other amounts payable by the Borrower hereunder to which such payment is to be applied (and in the event that it fails so to specify, or if such application would be inconsistent with the terms hereof, the Administrative Agent shall distribute such payment to the Lenders in such manner as the Administrative Agent may determine to be appropriate in respect of obligations owing by the Borrower hereunder, subject to the terms of Section 3.12(a3.13(a)). The Administrative Agent will distribute such payments to such Lenders, if any such payment is received prior to 12:00 Noon (Charlotte, North Carolina time) on a Business Day in like funds as received prior to the end of such Business Day and otherwise the Administrative Agent will distribute such payment to such Lenders on the next succeeding Business Day. Whenever any payment hereunder shall be stated to be due on a day which is not a Business Day, the due date thereof shall be extended to the next succeeding Business Day (subject to accrual of interest and Fees for the period of such extension), except that in the case of Eurodollar Loans, if the extension would cause the payment to be made in the next following calendar month, then such payment shall instead be made on the next preceding Business Day. Except as expressly provided otherwise herein, all computations of interest and fees shall be made on the basis of actual number of days elapsed over a year of 360 days, except with respect to computation of interest on Base Rate Loans which (unless the Base Rate is determined by reference to the Federal Funds Rate) shall be calculated based on a year of 365 or 366 days, as appropriate. Interest shall accrue from and include the date of borrowing, but exclude the date of payment.

Appears in 1 contract

Samples: Credit Agreement (Corrections Corp of America/Md)

Payments, Computations, etc. (a) Except as Unless otherwise specifically expressly provided hereinin a Loan Document, all payments hereunder by the Borrowers pursuant to each Loan Document shall be made by the Borrowers to the Administrative Agent in dollars in immediately available fundsfor the pro rata account of the Secured Parties entitled to receive such payment. All payments shall be made without setoff, without offset, deduction, deduction or counterclaim or withholding of any kind, at the Administrative Agent’s office specified in Schedule 10.1 not later than 4:00 P.M. 11:00 a.m. (which shall be London time in the case of Other Currency Loans) on the date when duedue in same day or immediately available funds to such account as the Administrative Agent shall specify from time to time by notice to the U.S. Borrower. Payments Funds received after such that time shall be deemed to have been received by the Administrative Agent on the next succeeding Business Day. The Administrative Agent may (but shall not be obligated to) debit the amount promptly remit in same day funds to each Secured Party its share, if any, of any such payment which is not made payments received by such time to any ordinary deposit account of the Borrower maintained with the Administrative Agent (with notice to for the Borrower). The Borrower shall, at the time it makes any payment under this Credit Agreement, specify to the Administrative Agent the Loans, Fees, interest or other amounts payable by the Borrower hereunder to which such payment is to be applied (and in the event that it fails so to specify, or if such application would be inconsistent with the terms hereof, the Administrative Agent shall distribute such payment to the Lenders in such manner as the Administrative Agent may determine to be appropriate in respect of obligations owing by the Borrower hereunder, subject to the terms of Section 3.12(a)). The Administrative Agent will distribute such payments to such Lenders, if any such payment is received prior to 12:00 Noon on a Business Day in like funds as received prior to the end account of such Business Day and otherwise the Administrative Agent will distribute such payment to such Lenders Secured Party. All interest (including interest on the next succeeding Business Day. Whenever any payment hereunder shall be stated to be due on a day which is not a Business Day, the due date thereof shall be extended to the next succeeding Business Day (subject to accrual of interest and Fees for the period of such extension), except that in the case of Eurodollar LIBO Rate Loans, if the extension would cause the payment to be made in the next following calendar month, then such payment shall instead be made on the next preceding Business Day. Except as expressly provided otherwise herein, all computations of interest ) and fees shall be made computed on the basis of the actual number of days elapsed (including the first day but excluding the last day) occurring during the period for which such interest or fee is payable over a year comprised of 360 days, except with respect to computation LIBO Rate Loans denominated in Sterling which shall accrue interest computed on the basis of interest on 365 days and except as set forth in clause (d) of the definition of the term "Associated Costs" and except with respect to Base Rate Loans which shall be calculated based accrue interest computed on the basis of a year comprised of 365 or 366 days, as appropriatethe case may be, provided, however, that to the extent the current market practice is to compute interest and/or fees in respect of any Other Currency or any Loan denominated in any Other Currency in a manner other than as set forth above, all interest and fees hereunder shall be computed on the basis of such market practice, as notified to the U.S. Borrower by the Administrative Agent. Payments due on other than a Business Day shall (except as otherwise required by clause (c) of the definition of the term "Interest Period") be made on the next succeeding Business Day and such extension of time shall accrue from be included in computing interest and include the date of borrowing, but exclude the date of fees in connection with that payment.

Appears in 1 contract

Samples: Credit Agreement (Chesapeake Corp /Va/)

Payments, Computations, etc. (a) Except as otherwise specifically provided herein, all payments hereunder shall be made to the Administrative Agent in dollars in immediately available funds, without offset, deduction, deduction counterclaim or withholding of any kindfind, at the Administrative Agent’s 's office specified in Schedule 10.1 2.1(a) not later than 4:00 2:00 P.M. (Charlotte, -38- 43 North Carolina time) on the date when due. Payments received after such time shall be deemed to have been received on the next succeeding Business Day. The Administrative Agent may (but shall not be obligated to) debit the amount of any such payment which is not made by such time to any ordinary deposit account of the Borrower maintained with the Administrative Agent (with notice to the Borrower). The Borrower shall, at the time it makes any payment under this Credit Agreement, specify to the Administrative Agent the Loans, Fees, interest or other amounts payable by the Borrower hereunder to which such payment is to be applied (and in the event that it fails so to specify, or if such application would be inconsistent with the terms hereof, the Administrative Agent shall distribute such payment to the Lenders in such manner as the Administrative Agent may determine to be appropriate in respect of obligations owing by the Borrower hereunder, subject to the terms of Section 3.12(a3.12 (a)). The Administrative Agent will distribute such payments to such Lenders, if any such payment is received prior to 12:00 Noon (Charlotte, North Carolina time) on a Business Day in like funds as received prior to the end of such Business Day and otherwise the Administrative Agent will distribute such payment to such Lenders on the next succeeding Business Day. Whenever any payment hereunder shall be stated to be due on a day which is not a Business Day, the due date thereof shall be extended to the next succeeding Business Day (subject to accrual of interest and Fees for the period of such extension), except that in the case of Eurodollar Loans, if the extension would cause the payment to be made in the next following calendar month, then such payment shall instead be made on the next preceding Business Day. Except as expressly provided otherwise herein, all computations of interest and fees shall be made on the basis of actual number of days elapsed over a year of 360 days, except with respect to computation of interest on Base Rate Loans which (unless the Base Rate is determined by reference to the Federal Funds Rate) shall be calculated based on a year of 365 or 366 days, as appropriate. Interest shall accrue from and include the date of borrowing, but exclude the date of payment.

Appears in 1 contract

Samples: Credit Agreement (Riscorp Inc)

Payments, Computations, etc. (a) Except as otherwise specifically provided herein, all payments hereunder shall be made to the Administrative Agent in dollars Dollars in immediately available funds, without offset, deduction, counterclaim or withholding of any kind, at the Administrative Agent’s 's office specified in Schedule 10.1 SCHEDULE 2.1(A) not later than 4:00 2:00 P.M. (Charlotte, North Carolina time) on the date when due. Payments received after such time shall be deemed to have been received on the next succeeding Business Day. The Administrative Agent may (but shall not be obligated to) debit the amount of any such payment which is not made by such time to any ordinary deposit account of the Borrower maintained with the Administrative Agent (with notice to the Borrower). The Borrower shall, at the time it makes any payment under this Credit Amended Agreement, specify to the Administrative Agent the Loans, LOC Obligations, Fees, interest or other amounts payable by the Borrower hereunder to which such payment is to be applied (and in the event that it fails so to specify, or if such application would be inconsistent with the terms hereof, the Administrative Agent shall distribute such payment to the Lenders in such manner as the Administrative Agent may determine to be appropriate in respect of obligations owing by the Borrower hereunder, subject to the terms of Section 3.12(a)). The Administrative Agent will distribute such payments to such Lenders, if any such payment is received prior to 12:00 Noon (Charlotte, North Carolina time) on a Business Day in like funds as received prior to the end of such Business Day and otherwise the Administrative Agent will distribute such payment to such Lenders on the next succeeding Business Day. Whenever any payment hereunder shall be stated to be due on a day which is not a Business Day, the due date thereof shall be extended to the next succeeding Business Day (subject to accrual of interest and Fees for the period of such 50 extension), except that in the case of Eurodollar Loans, if the extension would cause the payment to be made in the next following calendar month, then such payment shall instead be made on the next preceding Business Day. Except as expressly provided otherwise herein, all computations of interest and fees Fees shall be made on the basis of actual number of days elapsed over a year of 360 days, except with respect to computation of interest on Base Rate Loans which shall be calculated based on a year of days (or 365 or 366 days, as appropriatethe case may be, in the case of Facility Fees and Base Rate Loans based on the Prime Rate). Interest shall accrue from and include the date of borrowing, but shall exclude the date of payment.

Appears in 1 contract

Samples: Credit Agreement (Kendle International Inc)

Payments, Computations, etc. (a) Except as Unless otherwise specifically provided hereinexpressly provided, all payments hereunder by or on behalf of the Borrower pursuant to this Agreement or any other Loan Document shall be made by the Borrower to the Administrative Agent for the pro rata account of the Lenders or Administrative Agent, as applicable, entitled to receive such payment. All such payments required to be made to the Administrative Agent shall be made, without setoff, deduction or counterclaim, not later than 1:00 p.m., New York time (or, in dollars the case of any payment to be made in a Foreign Currency, at such time as the Borrower and the Administrative Agent shall agree), on the date due, in same day or immediately available funds, without offset, deduction, counterclaim or withholding of any kind, at to such account as the Administrative Agent’s office specified in Schedule 10.1 not later than 4:00 P.M. on Agent shall specify from time to time by notice to the date when dueBorrower. Payments Funds received after such that time shall be deemed to have been received by the Administrative Agent on the next succeeding Business Day. The Administrative Agent shall promptly remit in same day funds to each Lender, Agent or Lead Arranger, as the case may (but shall not be obligated to) debit the amount be, its share, if any, of any such payment which is not made payments received by such time to any ordinary deposit account of the Borrower maintained with the Administrative Agent for the account of such Lender, Agent or Lead Arranger, as the case may be. All interest and fees shall be computed on the basis of the actual number of days (with notice to including the Borrower). The Borrower shall, at first day but excluding the time it makes any payment under this Credit Agreement, specify to last day) occurring during the Administrative Agent the Loans, Fees, period for which such interest or other amounts fee is payable over a year comprised of 360 days (or, (i) in the case of interest on a Base Rate Loan, 365 days or, if appropriate, 366 days or (ii) in the case of interest on a Foreign Loan of any Tranche denominated in a Foreign Currency, on such basis as is agreed by the applicable Foreign Borrower hereunder to which such payment is to be applied (and in the event that it fails so to specify, or if such application would be inconsistent with the terms hereof, the Administrative Agent shall distribute such payment to the Lenders in such manner as that agreed to provide the Administrative Agent may determine to be appropriate in respect of obligations owing by the Borrower hereunder, subject to the terms of Section 3.12(a)). The Administrative Agent will distribute such payments to such Lenders, if any such payment is received prior to 12:00 Noon on a Business Day in like funds as received prior to the end Foreign Loan Commitments of such Business Day and otherwise the Administrative Agent will distribute such payment to such Lenders on the next succeeding Business DayTranche). Whenever any payment hereunder to be made shall be stated to otherwise be due on a day which is not a Business Day, such payment shall (except as otherwise required by clause (i) of the due date thereof shall definition of the term "Interest Period") be extended to made on the next succeeding Business Day (subject to accrual and such extension of time shall be included in computing interest and Fees for the period of such extension), except that in the case of Eurodollar Loansfees, if the extension would cause the payment to be made any, in the next following calendar month, then connection with such payment shall instead be made on the next preceding Business Day. Except as expressly provided otherwise herein, all computations of interest and fees shall be made on the basis of actual number of days elapsed over a year of 360 days, except with respect to computation of interest on Base Rate Loans which shall be calculated based on a year of 365 or 366 days, as appropriate. Interest shall accrue from and include the date of borrowing, but exclude the date of payment.

Appears in 1 contract

Samples: Credit Agreement (Mueller Holdings (N.A.), Inc.)

Payments, Computations, etc. (a) Except as Unless otherwise specifically provided hereinexpressly --------------------------- provided, all payments hereunder by the Borrower pursuant to this Agreement or any other Loan Document shall be made by the Borrower to the Administrative Agent for the pro rata account of the Lenders entitled to receive such payment. All such --- ---- payments required to be made to the Administrative Agent shall be made, without setoff, deduction or counterclaim, not later than 12:00 noon, New York time, on the date due, in dollars in same day or immediately available funds, without offset, deduction, counterclaim or withholding of any kind, at to such account as the Administrative Agent’s office specified Agent shall specify from time to time by notice to the Borrower. The failure of the Borrower to make any such payment by such time shall not constitute a Default hereunder, provided that such payment is received by the Administrative Agent in Schedule 10.1 not later than immediately available funds by 4:00 P.M. p.m. on such due date, but any such payment made after 1:00 p.m. on such due date shall be deemed to have been made on the date when duenext Business Day for the purpose of calculating interest on amounts outstanding on the Obligations unless the Administrative Agent in fact was able to remit to each Lender its pro-rata share of such payment by 4:00 p.m. on such due date. Payments Funds received after such that time shall be deemed to have been received by the Administrative Agent on the next succeeding Business Day. The Administrative Agent may (but shall not be obligated to) debit the amount promptly remit in same day funds to each Lender its share, if any, of any such payment which is not made payments received by such time to any ordinary deposit account of the Borrower maintained with the Administrative Agent for the account of such Lender. All interest (with notice to including interest on LIBO Rate Loans) shall be computed on the Borrower). The Borrower shall, at basis of the time it makes any payment under this Credit Agreement, specify to actual number of days (including the Administrative Agent first day but excluding the Loans, Fees, last day) occurring during the period for which such interest or other amounts fee is payable by the Borrower hereunder to which such payment is to be applied over a year comprised of 360 days (and or, in the event that it fails so to specifycase of interest on a Base Rate Loan (calculated at other than the Federal Funds Rate) and fees, or if such application would be inconsistent with the terms hereof, the Administrative Agent shall distribute such payment to the Lenders in such manner as the Administrative Agent may determine to be appropriate in respect of obligations owing by the Borrower hereunder, subject to the terms of Section 3.12(a)). The Administrative Agent will distribute such payments to such Lenders365 days or, if any such payment is received prior to 12:00 Noon on a Business Day in like funds as received prior to the end of such Business Day and otherwise the Administrative Agent will distribute such payment to such Lenders on the next succeeding Business Dayappropriate, 366 days). Whenever any payment hereunder to be made shall be stated to otherwise be due on a day which is not a Business Day, such payment shall (except as otherwise required by clause (c) of the due date thereof shall definition of the term "Interest Period") be extended to made ---------- on the next succeeding Business Day (subject to accrual and such extension of time shall be included in computing interest and Fees for the period of such extension), except that in the case of Eurodollar Loansfees, if the extension would cause the payment to be made any, in the next following calendar month, then connection with such payment shall instead be made on the next preceding Business Day. Except as expressly provided otherwise herein, all computations of interest and fees shall be made on the basis of actual number of days elapsed over a year of 360 days, except with respect to computation of interest on Base Rate Loans which shall be calculated based on a year of 365 or 366 days, as appropriate. Interest shall accrue from and include the date of borrowing, but exclude the date of payment.

Appears in 1 contract

Samples: Credit Agreement (Primestar Inc)

Payments, Computations, etc. All payments by any Obligor pursuant to this Agreement or any other Loan Document, whether in respect of Principal Amount, interest or otherwise, shall (aexcept with respect to any repayment or prepayment of any Obligation denominated in another currency) Except as otherwise specifically provided herein, all be paid in Dollars. All such payments hereunder made in Dollars shall be made by such Obligor to the Administrative Agent in dollars for the account of each Lender Party entitled thereto, by delivery of Dollars in immediately available fundsfunds to an account of the Agent at the Agent's Dollar Lending Office, which account shall be designated from time to time by notice to the Borrower from the Agent, for the account of each Lender Party entitled thereto (and, if such payment shall be of less than the due amount of the relevant payment Obligation then due and owing, for the PRO RATA benefit of each Lender Party entitled to share in such payment in accordance with its respective portion of the aggregate unpaid amount of similar payment Obligations). All such payments denominated in Dollars shall be made, without offsetsetoff, deduction, counterclaim or withholding of any kindcounterclaim, at the Administrative Agent’s office specified in Schedule 10.1 not later than 4:00 P.M. 11:00 a.m. New York City time, on the date when due. Payments All such payments denominated in any currency other than Dollars shall be payable to such account, and by such time, as the Agent shall specify from time to time. Any payments received hereunder after such the time and date specified in this Clause shall be deemed to have been received by the Agent on the next succeeding following Business Day. The Administrative Agent may shall promptly remit to each Lender Party its share (but calculated as aforesaid), if any, of such payments, in kind. Such remittance shall not be obligated to) debit to an account designated by such Lender Party to the amount Agent by notice from time to time and maintained at, in the case of a Lender, such Lender's Dollar Lending Office, or, in the case of any other Lender Party, such payment which is not made location as such Lender Party shall designate to the Agent by such notice from time to any ordinary deposit account time. All interest and fees shall be computed on the basis of the Borrower maintained with actual number of days (including the Administrative Agent first day but excluding the last day) occurring during the period for which such interest or fee is payable over a year comprised of 360 days. Subject to clauses (with notice to d) and (e) of the Borrower). The Borrower shalldefinition of "INTEREST PERIOD", at the time it makes whenever any payment under this Credit Agreement, specify to the Administrative Agent the Loans, Fees, interest or other amounts payable by the Borrower hereunder to which such payment is to be applied (and in the event that it fails so to specify, or if such application would be inconsistent with the terms hereof, the Administrative Agent made shall distribute such payment to the Lenders in such manner as the Administrative Agent may determine to be appropriate in respect of obligations owing by the Borrower hereunder, subject to the terms of Section 3.12(a)). The Administrative Agent will distribute such payments to such Lenders, if any such payment is received prior to 12:00 Noon on a Business Day in like funds as received prior to the end of such Business Day and otherwise the Administrative Agent will distribute such payment to such Lenders on the next succeeding Business Day. Whenever any payment hereunder shall be stated to be due on a day which is not a Business Day, the due date thereof such payment shall be extended to made on the next succeeding Business Day (subject to accrual and such extension of time shall be included in computing interest and Fees for the period of such extension), except that in the case of Eurodollar Loansor fees, if the extension would cause the payment to be made any, in the next following calendar month, then connection with such payment shall instead be made on the next preceding Business Day. Except as expressly provided otherwise herein, all computations of interest and fees shall be made on the basis of actual number of days elapsed over a year of 360 days, except with respect to computation of interest on Base Rate Loans which shall be calculated based on a year of 365 or 366 days, as appropriate. Interest shall accrue from and include the date of borrowing, but exclude the date of payment.

Appears in 1 contract

Samples: Supplemental Agreement (Randgold Resources LTD)

Payments, Computations, etc. (a) Except as otherwise specifically provided herein, all payments hereunder shall be made to the Administrative Agent in dollars Dollars in immediately available funds, without offsetrecoupment, setoff, deduction, counterclaim or withholding of any kind, at the Administrative Agent’s 's office specified in Schedule 10.1 2.1(a) not later than 4:00 P.M. 2:00 p.m. (Charlotte, North Carolina time) on the date when due. Payments received after such time shall be deemed to have been received on the next succeeding Business Day. The Administrative Agent may (but shall not be obligated to) debit the amount of any such payment which is not made by such time to any ordinary deposit account of the Borrower or any other Credit Party maintained with the Administrative Agent (with notice to the BorrowerBorrower or such other Credit Party). The Borrower shall, at the time it makes any payment under this Credit Agreement, specify to the Administrative Agent the Loans, LOC Obligations, Fees, interest or other amounts payable by the Borrower hereunder to which such payment is to be applied (and in the event that it fails so to specify, or if such application would be inconsistent with the terms hereof, the Administrative Agent shall distribute such payment to the Lenders in such manner as the Administrative Agent may determine to be appropriate in respect of obligations owing by the Borrower hereunder, subject to the terms of Section 3.12(a3.13(a)). The Administrative Agent will distribute such payments to such Lenders, if any such payment is received prior to 12:00 Noon 2:00 p.m. (Charlotte, North Carolina time) on a Business Day in like funds as received prior to the end of such Business Day and otherwise the Administrative Agent will distribute such payment to such Lenders on the next succeeding Business Day. Whenever any payment hereunder shall be stated to be due on a day which is not a Business Day, the due date thereof shall be extended to the next succeeding Business Day (subject to accrual of interest and Fees for the period of such extension), except that in the case of Eurodollar Loans, if the extension would cause the payment to be made in the next following calendar month, then such payment shall instead be made on the next preceding Business Day. Except as expressly provided otherwise herein, all computations of interest and fees shall be made on the basis of actual number of days elapsed over a year of 360 days, except with respect to computation of interest on Base Rate Loans which shall be calculated based on a year of 365 or 366 days, as appropriate. Interest shall accrue from and include the date of borrowing, but exclude the date of payment.

Appears in 1 contract

Samples: Credit Agreement (Tractor Supply Co /De/)

Payments, Computations, etc. (a) Except as otherwise specifically provided herein, all payments hereunder shall be made to the Administrative Agent in dollars Dollars in immediately available funds, without offsetcondition or deduction for any counterclaim, deductiondefense, counterclaim recoupment or withholding of any kindsetoff, at the Administrative Agent’s 's office specified in Schedule 10.1 2.1(a) not later than 4:00 2:00 P.M. (Charlotte, North Carolina time) on the date when due. Payments received after such time shall be deemed to have been received on the next succeeding Business Day. The Administrative Agent may (but shall not be obligated to) debit the amount of any such payment which is not made by such time to any ordinary deposit account of the Borrower or any other Credit Party maintained with the Administrative Agent (with notice to the BorrowerBorrower or such other Credit Party). The Borrower shall, at the time it makes any payment under this Credit Agreement, specify to the Administrative Agent the Loans, LOC Obligations, Fees, interest or other amounts payable by the Borrower hereunder to which such payment is to be applied (and in the event that it fails so to specify, or if such application would be inconsistent with the terms hereof, the Administrative Agent shall distribute such payment to the Lenders in such manner as the Administrative Agent may determine to be appropriate in respect of obligations owing by the Borrower hereunder, subject to the terms of Section 3.12(a3.13(a)). The Administrative Agent will distribute such payments to such Lenders, if any such payment is received prior to 12:00 Noon (Charlotte, North Carolina time) on a Business Day in like funds as received prior to the end of such Business Day and otherwise the Administrative Agent will distribute such payment to such Lenders on the next succeeding Business Day. Whenever any payment hereunder shall be stated to be due on a day which is not a Business Day, the due date thereof shall be extended to the next succeeding Business Day (subject to accrual of interest and Fees for the period of such extension), except that in the case of Eurodollar Eurocurrency Loans, if the extension would cause the payment to be made in the next following calendar month, then such payment shall instead be made on the next preceding Business Day. Except as expressly provided otherwise herein, all computations of interest and fees shall be made on the basis of actual number of days elapsed over a year of 360 days, except with respect to computation of interest on Base Rate Loans and Foreign Currency Loans denominated in British Pounds Sterling which shall be calculated based on a year of 365 or 366 days, as appropriate. Interest shall accrue from and include the date of borrowing, but exclude the date of payment.

Appears in 1 contract

Samples: Credit Agreement (Profit Recovery Group International Inc)

Payments, Computations, etc. (a) Except as otherwise specifically provided herein, all payments hereunder shall be made to the Administrative Agent in dollars in immediately available funds, without offset, deduction, counterclaim or withholding of any kind, at the Administrative Agent’s 's office specified in Schedule 10.1 Section 11.1 not later than 4:00 2:00 P.M. (Charlotte, North Carolina time) on the date when due. Payments received after such time shall be deemed to have been received on the next succeeding Business Day. The Administrative Agent may (but shall not be obligated to) debit the amount of any such payment which is not made by such time to any ordinary deposit account of the Borrower maintained with the Administrative Agent (with notice to the Borrower). The Borrower shall, at the time it makes any payment under this Credit Agreement, specify to the Administrative Agent the Loans, Fees, interest or other amounts payable by the Borrower hereunder to which such payment is to be applied (and in the event that it fails so to specify, or if such application would be inconsistent with the terms hereof, the Administrative Agent shall distribute such payment to the Lenders in such manner as the Administrative Agent may determine to be appropriate in respect of obligations owing by the Borrower hereunder, subject to the terms of Section 3.12(a3.11(a)). The Administrative Agent will distribute such payments to such Lenders, if any such payment is received prior to 12:00 Noon (Charlotte, North Carolina time) on a Business Day in like funds as received prior to the end of such Business Day and otherwise the Administrative Agent will distribute such payment to such Lenders on the next succeeding Business Day. Whenever any payment hereunder shall be stated to be due on a day which is not a Business Day, the due date thereof shall be extended to the next succeeding Business Day (subject to accrual of interest and Fees for the period of such extension), except that in the case of Eurodollar Loans, if the extension would cause the payment to be made in the next following calendar month, then such payment shall instead be made on the next preceding Business Day. Except as expressly provided otherwise herein, all computations of interest and fees shall be made on the basis of actual number of days elapsed over a year of 360 days, except with respect to computation of interest on Base Rate Loans which (unless the Base Rate is determined by reference to the Federal Funds Rate) shall be calculated based on a year of 365 or 366 days, as appropriate. Interest shall accrue from and include the date of borrowing, but exclude the date of payment.

Appears in 1 contract

Samples: Credit Agreement (Staff Leasing Inc)

Payments, Computations, etc. (a) Except as otherwise specifically provided herein, all payments hereunder shall be made to the Administrative Agent in dollars Dollars in immediately available funds, without offset, deduction, counterclaim or withholding of any kind, at the Administrative Agent’s 's office specified in Schedule 10.1 SCHEDULE 2.1(a) not later than 4:00 2:00 P.M. (Cincinnati, Ohio time) on the date when due. Payments received after such time shall be deemed to have been received on the next succeeding Business Day. The Administrative Agent may (but shall not be obligated to) debit the amount of any such payment which is not made by such time to any ordinary deposit account of the Borrower maintained with the Administrative Agent (with notice to the Borrower). The Borrower shall, at the time it makes any payment under this Credit Agreement, specify to the Administrative Agent the Loans, Fees, interest or other amounts payable by the Borrower hereunder to which such payment is to be applied (and in the event that it fails so to specify, or if such application would be inconsistent with the terms hereof, the Administrative Agent shall distribute such payment to the Lenders in such manner as the Administrative Agent may determine to be appropriate in respect of obligations owing by the Borrower hereunder, subject to the terms of Section 3.12(a)). The Administrative Agent will distribute such payments to such Lenders, if any such payment is received prior to 12:00 Noon (Cincinnati, Ohio time) on a Business Day in like funds as received prior to the end of such Business Day and otherwise the Administrative Agent will distribute such payment to such Lenders on the next succeeding Business Day. Whenever any payment hereunder shall be stated to be due on a day which is not a Business Day, the due date thereof shall be extended to the next succeeding Business Day (subject to accrual of interest and Fees for the period of such extension), except that in the case of Eurodollar Loans, if the extension would cause the payment to be made in the next following calendar month, then such payment shall instead be made on the next preceding Business Day. Except as expressly provided otherwise herein, all computations of interest and fees Fees shall be made on the basis of actual number of days elapsed over a year of 360 days, except with respect to computation of interest on Base Rate Loans which shall be calculated based on a year of days (or 365 or 366 days, as appropriatethe case may be, in the case of Facility Fees and Base Rate Loans based on the Prime Rate). Interest shall accrue from and include the date of borrowing, but shall exclude the date of payment.

Appears in 1 contract

Samples: Credit Agreement (Kendle International Inc)

Payments, Computations, etc. (a) Except as Unless otherwise specifically expressly provided herein, all payments hereunder by the Borrower pursuant to this Agreement, the Notes, each Letter of Credit or any other Loan Document, whether in respect of principal or interest, shall be made by the Borrower to the Administrative Agent for the account of the Lenders pro rata according to their respective unpaid principal amounts. The payment of all fees referred to in Sections 2.3(a) and (b) shall be made by the Borrower to the Administrative Agent for the account of the Lenders entitled thereto pro rata according to their Percentages. All other amounts payable to any Agent or Lender under this Agreement or any other Loan Document shall be paid to the Administrative Agent for the account of the Person entitled thereto. All such payments required to be made to the Administrative Agent shall be made, without set‑off, deduction or counterclaim, not later than 12:00 noon, New York time, on the date due, in dollars in same day or immediately available funds, without offset, deduction, counterclaim or withholding of any kind, at to such account as the Administrative Agent’s office specified in Schedule 10.1 not later than 4:00 P.M. on Agent shall specify from time to time by notice to the date when dueBorrower. Payments Funds received after such that time shall be deemed to have been received by the Administrative Agent on the next succeeding following Business Day. The Administrative Agent may (but shall not be obligated to) debit the amount promptly remit in same day or immediately available funds to each Lender its share, if any, of any such payment which is not made payments received by such time to any ordinary deposit account of the Borrower maintained with the Administrative Agent for the account of such Lender. All interest and fees shall be computed on the basis of the actual number of days (with notice to including the Borrower). The Borrower shall, at first day but excluding the time it makes any payment under this Credit Agreement, specify to last day) occurring during the Administrative Agent the Loans, Fees, period for which such interest or other amounts fee is payable by the Borrower hereunder to which such payment is to be applied (and in the event that it fails so to specify, or if such application would be inconsistent with the terms hereof, the Administrative Agent shall distribute such payment to the Lenders in such manner as the Administrative Agent may determine to be appropriate in respect over a year comprised of obligations owing by the Borrower hereunder, subject to the terms of Section 3.12(a)). The Administrative Agent will distribute such payments to such Lenders, if any such payment is received prior to 12:00 Noon on a Business Day in like funds as received prior to the end of such Business Day and otherwise the Administrative Agent will distribute such payment to such Lenders on the next succeeding Business Day360 days. Whenever any payment hereunder to be made shall be stated to otherwise be due on a day which is not a Business Day, such payment shall (except as otherwise required by clause (d) of the definition of the term “Interest Period” with respect to payments then due date thereof shall of principal of or interest on any Notes being maintained as Fixed Rate Loans) be extended to made on the next succeeding Business Day (subject to accrual and such extension of interest and Fees for the period of such extension), except that time shall be included in the case of Eurodollar Loanscomputing interest, if the extension would cause the payment to be made any, in the next following calendar month, then connection with such payment shall instead be made on the next preceding Business Day. Except as expressly provided otherwise herein, all computations of interest and fees shall be made on the basis of actual number of days elapsed over a year of 360 days, except with respect to computation of interest on Base Rate Loans which shall be calculated based on a year of 365 or 366 days, as appropriate. Interest shall accrue from and include the date of borrowing, but exclude the date of payment.

Appears in 1 contract

Samples: Credit Agreement (Amc Entertainment Inc)

Payments, Computations, etc. (a) Except as otherwise specifically provided herein, all payments hereunder shall be made to the Administrative Agent in dollars Dollars in immediately available funds, without offsetsetoff, deduction, counterclaim or withholding of any kind, at the Administrative Agent’s 's office specified in Schedule 10.1 2.1(a) not later than 4:00 P.M. 2:00 p.m. (Charlotte, North Carolina time) on the date when due. Payments received after such time shall be deemed to have been received on the next succeeding Business Day. The Administrative Agent may (but shall not be obligated to) debit the amount of any such payment which is not made by such time to any ordinary deposit account of the Borrower or any other Credit Party maintained with the Administrative Agent (with notice to the BorrowerBorrower or such other Credit Party). The Borrower shall, at the time it makes any payment under this Credit Agreement, specify to the Administrative Agent the Loans, LOC Obligations, Fees, interest or other amounts payable by the Borrower hereunder to which such payment is to be applied (and in the event that it fails so to specify, or if such application would be inconsistent with the terms hereof, the Administrative Agent shall distribute such payment to the Lenders in such manner as the Administrative Agent may determine to be appropriate in respect of obligations owing by the Borrower hereunder, subject to the terms of Section 3.12(a3.13(a)). The Administrative Agent will distribute such payments to such Lenders, if any such payment is received prior to 12:00 Noon 2:00 p.m. (Charlotte, North Carolina time) on a Business Day in like funds as received prior to the end of such Business Day and otherwise the Administrative Agent will distribute such payment to such Lenders on the next succeeding Business Day. Whenever any payment hereunder shall be stated to be due on a day which is not a Business Day, the due date thereof shall be extended to the next succeeding Business Day (subject to accrual of interest and Fees for the period of such extension), except that in the case of Eurodollar Loans, if the extension would cause the payment to be made in the next following calendar month, then such payment shall instead be made on the next preceding Business Day. Except as expressly provided otherwise herein, all computations of interest and fees shall be made on the basis of actual number of days elapsed over a year of 360 days, except with respect to computation of interest on Base Rate Loans which shall be calculated based on a year of 365 or 366 days, as appropriate. Interest shall accrue from and include the date of borrowing, but exclude the date of payment.

Appears in 1 contract

Samples: Credit Agreement (Tractor Supply Co /De/)

Payments, Computations, etc. (a) Except as otherwise specifically provided herein, all payments hereunder shall be made to the Administrative Agent in dollars Dollars in immediately available funds, without offsetsetoff, deduction, counterclaim or withholding of any kind, at the Administrative Agent’s 's office specified in Schedule 10.1 2.1(a) not later than 4:00 2:00 P.M. (Charlotte, North Carolina time) on the date when due. Payments received after such time shall be deemed to have been received on the next succeeding Business Day. The Administrative Agent may (but shall not be obligated to) debit the amount of any such payment which is not made by such time to any ordinary deposit account of the Borrower or any other Credit Party maintained with the Administrative Agent (with notice to the BorrowerBorrower or such other Credit Party). The Borrower shall, at the time it makes any payment under this Credit Agreement, specify to the Administrative Agent the Loans, LOC Obligations, Fees, interest or other amounts payable by the Borrower hereunder to which such payment is to be applied (and in the event that it fails so to specify, or if such application would be inconsistent with the terms hereof, the Administrative Agent shall distribute such payment to the Lenders in such manner as the Administrative Agent may determine to be appropriate in respect of obligations owing by the Borrower hereunder, subject to the terms of Section 3.12(a3.13(a)). The Administrative Agent will distribute such payments to such Lenders, if any such payment is received prior to 12:00 Noon (Charlotte, North Carolina time) on a Business Day in like funds as received prior to the end of such Business Day and otherwise the Administrative Agent will distribute such payment to such Lenders on the next succeeding Business Day. Whenever any payment hereunder shall be stated to be due on a day which is not a Business Day, the due date thereof shall be extended to the next succeeding Business Day (subject to accrual of interest and Fees for the period of such extension), except that in the case of Eurodollar Eurocurrency Loans, if the extension would cause the payment to be made in the next following calendar month, then such payment shall instead be made on the next preceding Business Day. Except as expressly provided otherwise herein, all computations of interest and fees shall be made on the basis of actual number of days elapsed over a year of 360 days, except with respect to computation of interest on Base Rate Loans which shall be calculated based on a year of 365 or 366 days, as appropriate. Interest shall accrue from and include the date of borrowing, but exclude the date of payment.instead

Appears in 1 contract

Samples: Credit Agreement (Profit Recovery Group International Inc)

Payments, Computations, etc. (a) Except as Unless otherwise specifically provided hereinexpressly provided, all payments hereunder by a Borrower pursuant to this Agreement, the Notes or any other Loan Document shall be made by such Borrower to the Administrative Agent for the account of each Lender in the amount of its Percentage thereof. All such payments required to be made to the Administrative Agent shall be made, without setoff, deduction or counterclaim, not later than 12:30 p.m., Chicago, Illinois time, on the date due, in dollars in same day or immediately available funds, without offset, deduction, counterclaim or withholding of any kind, at to such account as the Administrative Agent’s office specified in Schedule 10.1 not later than 4:00 P.M. on Agent shall specify from time to time by notice to the date when dueCompany. Payments Funds received after such that time shall be deemed to have been received by the Administrative Agent on the next succeeding Business Banking Day. The Company hereby authorizes the Administrative Agent and the Administrative Agent may, in its sole and absolute discretion, provide for the payment of any amounts required to be paid in Dollars which are due under this Agreement or the other Loan Documents, by debiting the Demand Deposit Account for the amount then due; provided, however, that the failure of the Company to maintain sufficient balances in the Demand Deposit Account to provide for such payment shall not affect any Borrower's obligation to pay when due all amounts payable by such Borrower hereunder or under any other Loan Document. The Administrative Agent may shall remit to each Lender, not later than 5:00 p.m. Chicago, Illinois time on the Banking Day received (but shall not the Banking Day of receipt to be obligated to) debit the determined pursuant to this Section 4.7), same day funds in an amount equal to such Lender's share, if any, of any such payment which is not made payments received by such time to any ordinary deposit account of the Borrower maintained with the Administrative Agent (with notice to from a Borrower for the Borrower). The Borrower shall, at the time it makes any payment under this Credit Agreement, specify to the Administrative Agent the Loans, Fees, interest or other amounts payable by the Borrower hereunder to which such payment is to be applied (and in the event that it fails so to specify, or if such application would be inconsistent with the terms hereof, the Administrative Agent shall distribute such payment to the Lenders in such manner as the Administrative Agent may determine to be appropriate in respect of obligations owing by the Borrower hereunder, subject to the terms of Section 3.12(a)). The Administrative Agent will distribute such payments to such Lenders, if any such payment is received prior to 12:00 Noon on a Business Day in like funds as received prior to the end account of such Business Day and otherwise the Administrative Agent will distribute such payment to such Lenders on the next succeeding Business DayLender. Whenever any payment hereunder to be made shall be stated to otherwise be due on a day which is not a Business Banking Day, the due date thereof shall be extended to the next succeeding Business Day (subject to accrual of interest and Fees for the period of such extension), except that in the case of Eurodollar Loans, if the extension would cause the payment to be made in the next following calendar month, then such payment shall instead (except as otherwise required by clause (c) of the definition of the term "Interest Period" with respect to Eurodollar Rate Loans or Eurocurrency Rate Loans) be made on the next preceding Business Day. Except as expressly provided otherwise herein, all computations succeeding Banking Day and such extension of time shall be included in computing interest and fees shall be made on the basis of actual number of days elapsed over a year of 360 daysfees, except if any, in connection with respect to computation of interest on Base Rate Loans which shall be calculated based on a year of 365 or 366 days, as appropriate. Interest shall accrue from and include the date of borrowing, but exclude the date of such payment.

Appears in 1 contract

Samples: Credit Agreement (Andrew Corp)

Payments, Computations, etc. (a) Except as Unless otherwise specifically expressly provided herein, all payments hereunder amounts to be paid or deposited by the Borrower or the Servicer hereunder, including such amounts contemplated pursuant to Section 2.08, shall be made to paid or deposited in accordance with the Administrative Agent terms hereof no later than 2:00 p.m., New York City time, on the day when due in dollars Dollars in immediately available funds, without offsetin the case of amounts due to a Lender, deductionto each Lender at such Lender’s Account, counterclaim or withholding the details of any kind, at the Administrative Agent’s office specified in Schedule 10.1 not later than 4:00 P.M. which appear on the date when dueLender Supplement for such Lender. Payments (b) Whenever any payment hereunder (i) shall be stated to be due on a day other than a Business Day, such payment shall be made, without penalty, on the next succeeding Business Day, except in the case where the next succeeding Business Day would occur in the succeeding calendar month, in which case such payment shall be due on the preceding Business Day or (ii) is received after 2:00 p.m., New York City time, such time payment shall be deemed to have been received on the next succeeding Business Day, and any such extension of time shall in such case be included in the computation of payment of Interest, other interest or any fee payable hereunder, as the case may be. The (c) If any Loan requested by the Borrower and approved by a Lender and the Administrative Agent pursuant to Section 2.01 is not, for any reason other than due to the fault of a Lender or the Administrative Agent, made or effectuated, as the case may be, on the date specified therefor, the Borrower shall indemnify such Lender against any reasonable loss, cost or expense incurred by such Lender, including any loss (but including loss of anticipated profits, net of anticipated profits in the reemployment of such funds in the manner determined by such Lender), cost or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by such Lender to fund or maintain such Loan. (d) All payments hereunder shall be made without set-off or counterclaim, subject to Section 2.14, and in such amounts as may be necessary in order that all such payments shall not be obligated toless than the amounts otherwise specified to be paid under this Agreement. (e) debit To the amount of extent that (i) any Person makes a payment to any party hereto or (ii) any party hereto receives or is deemed to have received any payment or proceeds for application to an obligation, which payment or proceeds or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside or required to be repaid to a trustee, receiver or any other party under any Insolvency Law, State or federal law, common law or for equitable cause, then, to the extent such payment which is not made by such time to any ordinary deposit account of the Borrower maintained with the Administrative Agent (with notice to the Borrower). The Borrower shall, at the time it makes any payment under this Credit Agreement, specify to the Administrative Agent the Loans, Fees, interest or other amounts payable by the Borrower hereunder to which such payment is to be applied (and in the event that it fails so to specify, or if such application would be inconsistent with the terms hereofproceeds are set aside, the Administrative Agent shall distribute such payment obligation or part thereof intended to the Lenders in such manner as the Administrative Agent may determine to be appropriate in respect of obligations owing by the Borrower hereunder, subject to the terms of Section 3.12(a)). The Administrative Agent will distribute such payments to such Lenders, if any such payment is received prior to 12:00 Noon on a Business Day in like funds as received prior to the end of such Business Day and otherwise the Administrative Agent will distribute such payment to such Lenders on the next succeeding Business Day. Whenever any payment hereunder shall be stated to be due on a day which is not a Business Day, the due date thereof shall be extended to the next succeeding Business Day (subject to accrual of interest and Fees for the period of such extension), except that in the case of Eurodollar Loans, if the extension would cause the payment to be made in the next following calendar month, then such payment shall instead be made on the next preceding Business Day. Except as expressly provided otherwise herein, all computations of interest and fees shall be made on the basis of actual number of days elapsed over a year of 360 days, except with respect to computation of interest on Base Rate Loans which shall be calculated based on a year of 365 or 366 days, as appropriate. Interest shall accrue from and include the date of borrowing, but exclude the date of payment.be

Appears in 1 contract

Samples: Credit Agreement (CURO Group Holdings Corp.)

Payments, Computations, etc. (a) Except as otherwise specifically provided herein, all payments hereunder shall be made to the Administrative Agent in dollars Dollars in immediately available funds, without offsetsetoff, deduction, counterclaim or withholding of any kind, at the Administrative Agent’s 's office specified in Schedule 10.1 Section 11.1 not later than 4:00 2:00 P.M. (Charlotte, North Carolina time) on the date when due. Payments received after such time shall be deemed to have been received on the next succeeding Business Day. The Administrative Agent may (but shall not be obligated to) debit the amount of any such payment which is not made by such time to any ordinary deposit account of the Borrower maintained with the Administrative Agent (with notice to the Borrower). The Borrower shall, at the time it makes any payment under this Credit Agreement, specify to the Administrative Agent the Loans, LOC Obligations, Fees, interest or other amounts payable by the Borrower hereunder to which such payment is to be applied (and in the event that it fails so to specify, or if such application would be inconsistent with the terms hereof, the Administrative Agent shall distribute such payment to the Lenders in such manner as the Administrative Agent may determine to be appropriate in respect of obligations owing by the Borrower hereunder, subject to the terms of Section 3.12(a)). The Administrative Agent will distribute such payments to such Lenders, if any such payment is received prior to 12:00 Noon (Charlotte, North Carolina time) on a Business Day in like funds as received prior to the end of such Business Day and otherwise the Administrative Agent will distribute such payment to such Lenders on the next succeeding Business Day. Whenever any payment hereunder shall be stated to be due on a day which is not a Business Day, the due date thereof shall be extended to the next succeeding Business Day (subject to accrual of interest and Fees for the period of such extension), except that in the case of Eurodollar Loans, if the extension would cause the payment to be made in the next following calendar month, then such payment shall instead be made on the next preceding Business Day. Except as expressly provided otherwise herein, all computations of interest and fees shall be made on the basis of the actual number of days elapsed over a year of 360 days, except with respect to computation of interest on Base Rate Loans which (unless the Base Rate is determined by reference to the Federal Funds Rate) shall be calculated based on a year of 365 or 366 days, as appropriate. Interest shall accrue from and include the date of borrowing, but exclude the date of payment.

Appears in 1 contract

Samples: Credit Agreement (Just for Feet Inc)

Payments, Computations, etc. (a) Except as otherwise specifically provided herein, all All payments hereunder by the Borrower pursuant to this Agreement or any other Loan Document shall be paid in Dollars. All such payments shall be made by the Borrower to the Administrative Agent in dollars for the account of each Lender Party entitled thereto, by delivery of Dollars in immediately available fundsfunds to an account of the Agent in New York City at the Agent's Lending Office, which account shall be designated from time to time by notice to the Borrower from the Agent in either such case for the account of each Lender Party entitled thereto (and, if such payment shall be of less than the due amount of the relevant payment Obligation then due and owing, for the pro rata benefit of each Lender Party entitled to share in such payment in accordance with its respective portion of the aggregate unpaid amount of similar payment Obligations). All such payments shall be made, without offsetsetoff, deduction, counterclaim or withholding of any kindcounterclaim, at the Administrative Agent’s office specified in Schedule 10.1 not later than 4:00 P.M. 11:00 a.m., New York time, on the date when due. Payments Any payments received hereunder after such the time and date specified in this Section shall be deemed to have been received by the Agent on the next succeeding following Business Day. The Administrative Agent may (but shall not be obligated to) debit the amount of any such payment which is not made by such time to any ordinary deposit account of the Borrower maintained with the Administrative Agent (with notice to the Borrower). The Borrower shall, at the time it makes any payment under this Credit Agreement, specify to the Administrative Agent the Loans, Fees, interest or other amounts payable by the Borrower hereunder to which such payment is to be applied (and in the event that it fails so to specify, or if such application would be inconsistent with the terms hereof, the Administrative Agent shall distribute such payment promptly remit to the Lenders in such manner each Lender its share (calculated as the Administrative Agent may determine to be appropriate in respect aforesaid), if any, of obligations owing by the Borrower hereunder, subject to the terms of Section 3.12(a)). The Administrative Agent will distribute such payments to an account designated by such Lenders, if any such payment is received prior to 12:00 Noon on a Business Day in like funds as received prior Lender to the end Agent by notice from time to time and maintained at such Lender's Lending Office. All interest and fees shall be computed on the basis of the actual number of days (including the first day but excluding the last day) occurring during the period for which such Business Day interest or fee is payable over a year comprised of 360 days. Subject to clauses (d) and otherwise (e) ----------- --- of the Administrative Agent will distribute such definition of "INTEREST PERIOD", whenever any payment to such Lenders on the next succeeding Business Day. Whenever any payment hereunder be made shall be stated to otherwise be due on a day which is not a Business Day, the due date thereof such payment shall be extended to made on the next succeeding Business Day (subject to accrual and such extension of time shall be included in computing interest and Fees for the period of such extension), except that in the case of Eurodollar Loansor fees, if the extension would cause the payment to be made any, in the next following calendar month, then connection with such payment shall instead be made on the next preceding Business Day. Except as expressly provided otherwise herein, all computations of interest and fees shall be made on the basis of actual number of days elapsed over a year of 360 days, except with respect to computation of interest on Base Rate Loans which shall be calculated based on a year of 365 or 366 days, as appropriate. Interest shall accrue from and include the date of borrowing, but exclude the date of payment.

Appears in 1 contract

Samples: Loan Agreement (Amax Gold Inc)

Payments, Computations, etc. (a) Except as Unless otherwise specifically expressly provided herein, all payments amounts to be paid or deposited by the Borrower hereunder shall be made paid or deposited in accordance with the terms hereof no later than 3:00 p.m., New York City time, on the day when due in Dollars in immediately available funds to the Administrative Agent in dollars in immediately available fundsAgent's Account, without offset, deduction, counterclaim or withholding of any kind, at for further payment by the Administrative Agent’s office specified in Schedule 10.1 not later Agent to the Persons to who such amounts are due and payable. (b) Whenever any payment hereunder (i) shall be stated to be due on a day other than 4:00 P.M. a Business Day, such payment shall be made on the date when due. Payments next succeeding Business Day, except in the case where the next succeeding Business Day would occur in the succeeding calendar month, in which case such payment shall be due on the preceding Business Day or (ii) is received after 3:00 p.m., New York City time, such time payment shall be deemed to have been received on the next succeeding Business Day, and any such extension of time shall in such case be included in the computation of payment of Interest, other interest or any fee payable hereunder, as the case may be. The (c) If any Loan requested by the Borrower and approved by a Lender and the Administrative Agent pursuant to Section 2.01 is not, for any reason other than due to the fault of an Agent, a Lender or the Administrative Agent, made or effectuated, as the case may be, on the date specified therefor, the Borrower shall indemnify such Lender against any reasonable loss, cost or expense incurred by such Lender, including any loss (but including loss of anticipated profits, DB1/ 139452285.4 54 154304283v7 net of anticipated profits in the reemployment of such funds in the manner determined by such Lender), cost or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by such Lender to fund or maintain such Loan. (d) All payments hereunder shall be made without set-off or counterclaim and in such amounts as may be necessary in order that all such payments shall not be obligated toless than the amounts otherwise specified to be paid under this Agreement. (e) debit To the amount of extent that (i) any such Person makes a payment which is not made by such time to any ordinary deposit account of the Borrower maintained with the Administrative Agent (with notice to the Borrower). The Borrower shall, at the time it makes any payment under this Credit Agreement, specify to the Administrative Agent the Loans, Fees, interest or other amounts payable by the Borrower hereunder to which such payment is to be applied (and in the event that it fails so to specify, or if such application would be inconsistent with the terms hereof, the Administrative Agent, the Servicer, the Backup Servicer, the Collateral Custodian or any Lender or Agent shall distribute or (ii) the Borrower, the Administrative Agent, the Servicer, the Backup Servicer, the Collateral Custodian or any Lender or Agent receives or is deemed to have received any payment or proceeds for application to an obligation, which payment or proceeds or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside or required to be repaid to a trustee, receiver or any other party under any Insolvency Law, State or federal law, common law or for equitable cause, then, to the extent such payment or proceeds are set aside, the obligation or part thereof intended to be satisfied shall be revived and continue in full force and effect, as if such payment or proceeds had not been received or deemed received by the Lenders in such manner Borrower, the Administrative Agent, the Servicer, the Backup Servicer, the Collateral Custodian or any Lender or Agent, as the Administrative Agent case may determine to be appropriate in respect of obligations owing by the Borrower hereunder, subject to the terms of be. Section 3.12(a)). The Administrative Agent will distribute such payments to such Lenders, if any such payment is received prior to 12:00 Noon on a Business Day in like funds as received prior to the end of such Business Day and otherwise the Administrative Agent will distribute such payment to such Lenders on the next succeeding Business Day. Whenever any payment hereunder shall be stated to be due on a day which is not a Business Day, the due date thereof shall be extended to the next succeeding Business Day (subject to accrual of interest and Fees for the period of such extension), except that in the case of Eurodollar Loans, if the extension would cause the payment to be made in the next following calendar month, then such payment shall instead be made on the next preceding Business Day. Except as expressly provided otherwise herein, all computations of interest and fees shall be made on the basis of actual number of days elapsed over a year of 360 days, except with respect to computation of interest on Base Rate Loans which shall be calculated based on a year of 365 or 366 days, as appropriate. Interest shall accrue from and include the date of borrowing, but exclude the date of payment2.08.

Appears in 1 contract

Samples: Loan Agreement (Lithia Motors Inc)

Payments, Computations, etc. (a) Except as Unless otherwise specifically provided hereinexpressly --------------------------- provided, all payments hereunder by the Borrower pursuant to this Agreement, the Notes or any other Loan Document shall be made in Dollars, in immediately available funds by the Borrower to the Agent for the pro rata account of the Lenders entitled to receive such payment. All such payments required to be made to the Administrative Agent in dollars shall be made, without setoff, counterclaim, recoupment or other deduction, not later than 11:00 a.m., San Francisco time, on the date due, in immediately available funds, without offset, deduction, counterclaim or withholding of any kind, at to such account as the Administrative Agent’s office specified in Schedule 10.1 not later than 4:00 P.M. on Agent shall specify from time to time by notice to the date when dueBorrower. Payments Funds received after such that time shall be deemed to have been received by the Agent on the next succeeding Business Day. The Administrative Agent may (but shall not be obligated to) debit promptly remit in same day funds to each Lender its share, if any, of such payments received by the amount of any such payment which is not made by such time to any ordinary deposit Agent for the account of the Borrower maintained with the Administrative Agent such Lender. All interest (with notice to the Borrower). The Borrower shall, other than interest computed at the time it makes any payment under this Credit Agreement, specify to Alternate Base Rate) and fees shall be computed on the Administrative Agent basis of the Loans, Fees, actual number of days (including the first day but excluding the last day) occurring during the period for which such interest or other amounts fee is payable by over a year comprised of three-hundred sixty (360) days. Interest computed at the Borrower hereunder to Alternate Base Rate shall be computed on the basis of its actual number of days (including the first day but excluding the last day) occurring during the period for which such payment interest is to be applied (and in the event that it fails so to specifypayable over a year comprised of 365 or 366 days, or if such application would be inconsistent with the terms hereof, the Administrative Agent shall distribute such payment to the Lenders in such manner as the Administrative Agent case may determine to be appropriate in respect of obligations owing by the Borrower hereunder, subject to the terms of Section 3.12(a)). The Administrative Agent will distribute such payments to such Lenders, if any such payment is received prior to 12:00 Noon on a Business Day in like funds as received prior to the end of such Business Day and otherwise the Administrative Agent will distribute such payment to such Lenders on the next succeeding Business Daybe. Whenever any payment hereunder shall be stated to be falls due on a day which is not a Business Day, such payment shall (except as otherwise required by clause (c) of the due date thereof shall definition of the term "Interest Period" with respect to LIBOR ---------- --------------- Loans) be extended to made on the next succeeding Business Day (subject to accrual and such extension of time shall be included in computing interest and Fees for the period of such extension), except that in the case of Eurodollar Loansfees, if the extension would cause the payment to be made any, in the next following calendar month, then connection with such payment shall instead be made on the next preceding Business Day. Except as expressly provided otherwise herein, all computations of interest and fees shall be made on the basis of actual number of days elapsed over a year of 360 days, except with respect to computation of interest on Base Rate Loans which shall be calculated based on a year of 365 or 366 days, as appropriate. Interest shall accrue from and include the date of borrowing, but exclude the date of payment.

Appears in 1 contract

Samples: Credit Agreement (Star Gas Partners Lp)

Payments, Computations, etc. (a) Except as Unless otherwise specifically provided hereinexpressly provided, all payments hereunder by a Borrower pursuant to this Agreement, the Notes or any other Loan Document shall be made by such Borrower to the Agent for the account of each Lender in the amount of its Percentage thereof. All such payments required to be made to the Administrative Agent shall be made, without setoff, deduction or counterclaim, not later than 12:30 p.m., Chicago, Illinois time, on the date due, in dollars in same day or immediately available funds, without offset, deduction, counterclaim or withholding of any kind, at to such account as the Administrative Agent’s office specified in Schedule 10.1 not later than 4:00 P.M. on Agent shall specify from time to time by notice to the date when dueCompany. Payments Funds received after such that time shall be deemed to have been received by the Agent on the next succeeding Business Banking Day. The Administrative Company hereby authorizes the Agent may (but and the Agent may, in its sole and absolute discretion, provide for the payment of any amounts required to be paid in Dollars which are due under this Agreement or the other Loan Documents, by debiting the Demand Deposit Account for the amount then due; PROVIDED, however, that the failure of the Company to maintain sufficient balances in the Demand Deposit Account to provide for such payment shall not be obligated to) debit the amount of affect any such payment which is not made by such time Borrower's obligation to any ordinary deposit account of the Borrower maintained with the Administrative Agent (with notice to the Borrower). The Borrower shall, at the time it makes any payment under this Credit Agreement, specify to the Administrative Agent the Loans, Fees, interest or other pay when due all amounts payable by the such Borrower hereunder or under any other Loan Document. The Agent shall remit to which such payment is each Lender, not later than 5:00 p.m. Chicago, Illinois time on the Banking Day received (the Banking Day of receipt to be applied (and determined pursuant to this SECTION 4.7), same day funds in the event that it fails so an amount equal to specifysuch Lender's share, or if any, of such application would be inconsistent with the terms hereof, the Administrative Agent shall distribute such payment to the Lenders in such manner as the Administrative Agent may determine to be appropriate in respect of obligations owing payments received by the Agent from a Borrower hereunder, subject to for the terms of Section 3.12(a)). The Administrative Agent will distribute such payments to such Lenders, if any such payment is received prior to 12:00 Noon on a Business Day in like funds as received prior to the end account of such Business Day and otherwise the Administrative Agent will distribute such payment to such Lenders on the next succeeding Business DayLender. Whenever any payment hereunder to be made shall be stated to otherwise be due on a day which is not a Business Banking Day, the due date thereof shall be extended to the next succeeding Business Day (subject to accrual of interest and Fees for the period of such extension), except that in the case of Eurodollar Loans, if the extension would cause the payment to be made in the next following calendar month, then such payment shall instead (except as otherwise required by CLAUSE (C) of the definition of the term "INTEREST PERIOD" with respect to Eurodollar Rate Loans or Eurocurrency Rate Loans) be made on the next preceding Business Day. Except as expressly provided otherwise herein, all computations succeeding Banking Day and such extension of time shall be included in computing interest and fees shall be made on the basis of actual number of days elapsed over a year of 360 daysfees, except if any, in connection with respect to computation of interest on Base Rate Loans which shall be calculated based on a year of 365 or 366 days, as appropriate. Interest shall accrue from and include the date of borrowing, but exclude the date of such payment.

Appears in 1 contract

Samples: Credit Agreement (Andrew Corp)

Payments, Computations, etc. (a) Except as Unless otherwise specifically expressly provided hereinin a Loan Document, all payments hereunder by the Borrower pursuant to each Loan Document shall be made by the Borrower to the Administrative Agent in dollars in immediately available fundsfor the pro rata account of the Secured Parties entitled to receive such payment. All payments shall be made without setoff, without offset, deduction, deduction or counterclaim or withholding of any kind, at the Administrative Agent’s office specified in Schedule 10.1 not later than 4:00 P.M. 1:00 p.m. on the date when duedue in same day or immediately available funds to such account as the Administrative Agent shall specify from time to time by notice to the Borrower. Payments Funds received after such that time shall be deemed to have been received by the Administrative Agent on the next succeeding Business Day. The Administrative Agent may (but shall not be obligated to) debit the amount promptly remit in same day funds to each Secured Party its share, if any, of any such payment which is not made payments received by such time to any ordinary deposit account of the Borrower maintained with the Administrative Agent for the account of such Secured Party. All interest (with notice to including interest on Dollar-denominated LIBO Rate Loans) and fees shall be computed on the Borrowerbasis of the actual number of days (including the first day but excluding the last day) occurring during the period for which such interest or fee is payable over a year comprised of 360 days (or, in the case of interest on a Base Rate Loan calculated at other than the Federal Funds Effective Rate, 365 days or, if appropriate, 366 days). The Borrower shallExcept as otherwise set forth herein, at the time it makes any payment under this Credit Agreement, specify to the Administrative Agent the Loans, Fees, interest or other amounts payable by the Borrower hereunder to which such payment is to be applied (and in the event that it fails so to specify, or if such application would be inconsistent with the terms hereof, the Administrative Agent shall distribute such payment to the Lenders in such manner as the Administrative Agent may determine to be appropriate in respect of obligations owing by the Borrower hereunder, subject to the terms of Section 3.12(a)). The Administrative Agent will distribute such payments to such Lenders, if any such payment is received prior to 12:00 Noon on a Business Day in like funds as received prior to the end of such Business Day and otherwise the Administrative Agent will distribute such payment to such Lenders on the next succeeding Business Day. Whenever any payment hereunder shall be stated to be due on a day which is not other than a Business Day, the due date thereof Day shall be extended to the next succeeding Business Day (subject to accrual of interest and Fees for the period of such extension), except that in the case of Eurodollar Loans, if the extension would cause the payment to be made in the next following calendar month, then such payment shall instead be made on the next preceding Business Day. Except as expressly provided otherwise hereinset forth in any Loan Document, all computations payments made under any Loan Document shall be applied upon receipt in the following order: (a) first, to payment of that portion of the payment Obligations constituting fees, indemnities, expenses and other amounts (other than principal and interest, but including the fees and expenses of counsel to the Administrative Agent) payable to the Administrative Agent or the Collateral Agent in its capacity as such; (b) second, to payment of that portion of the payment Obligations constituting fees (including any Exit Fee), indemnities and other amounts (other than principal and interest) payable to the Lenders, ratably among them in proportion to the amounts described in this clause second payable to them; (c) third, to payment of that portion of the payment Obligations constituting accrued and unpaid interest on the Loans, ratably among the Secured Parties in proportion to the respective amounts described in this clause third payable to them; (d) fourth, to payment of that portion of the payment Obligations constituting unpaid principal of the Loans and fees the aggregate Reimbursement Obligations then owing (and each DIP L/C Lender shall be entitled to receive amounts in the Synthetic Deposit Account to the extent such amounts are not being used, after giving effect to this clause fourth, to cash collateralize DIP Letters of Credit Outstandings), ratably among the Secured Parties in proportion to the respective amounts described in this clause fourth held by them; (e) fifth, to the payment of all other payment Obligations of the Borrower that are due and payable to the Administrative Agent and the other Secured Parties on such date, ratably based upon the respective aggregate amounts of all such Obligations owing to the Administrative Agent and the other Secured Parties on such date, and (f) last, the balance, if any, after all the payment Obligations have been paid in full in cash, following the Maturity Date, to the Borrower, or any other Person lawfully entitled to receive such surplus pursuant to an order of a Governmental Authority, provided that, no payments shall be made on to Roll-Up Lenders in respect of Roll-Up Loans or other Obligations related thereto pursuant to clause third, fourth or fifth above until (x) all Obligations in respect of the basis NM Loans and the DIP Letter of actual number Credit Facility (including the termination of days elapsed over a year any letters of 360 days, except with respect credit outstanding thereunder pursuant to computation the terms thereof) have been paid in full and (y) the NM Commitments and the DIP Letter of interest on Base Rate Loans which shall be calculated based on a year of 365 Credit Commitments have been terminated. The Administrative Agent is hereby authorized to charge any Account (other than the Carve-Out Account) for any amounts due and owing under this Agreement or 366 days, as appropriate. Interest shall accrue from and include the date of borrowing, but exclude the date of paymentother Loan Documents.

Appears in 1 contract

Samples: Possession Credit Agreement (Champion Enterprises Inc)

Payments, Computations, etc. (a) Except as otherwise specifically provided herein, all payments hereunder shall be made to the Administrative Agent in dollars in immediately available funds, without offset, deduction, counterclaim or withholding of any kind, at the Administrative Agent’s office specified in Schedule 10.1 2.1(a) not later than 4:00 P.M. on the date when due. Payments received after such time shall be deemed to have been received on the next succeeding Business Day. The Administrative Agent may (but shall not be obligated to) debit the amount of any such payment which is not made by such time to any ordinary deposit account of the Borrower maintained with the Administrative Agent (with notice to the Borrower). The Borrower shall, at the time it makes any payment under this Credit Agreement, specify to the Administrative Agent the Loans, Fees, interest or other amounts payable by the Borrower hereunder to which such payment is to be applied (and in the event that it fails so to specify, or if such application would be inconsistent with the terms hereof, the Administrative Agent shall distribute such payment to the Lenders in such manner as the Administrative Agent may determine to be appropriate in respect of obligations owing by the Borrower hereunder, subject to the terms of Section 3.12(a)). The Administrative Agent will distribute such payments to such Lenders, if any such payment is received prior to 12:00 Noon on a Business Day in like funds as received prior to the end of such Business Day and otherwise the Administrative Agent will distribute such payment to such Lenders on the next succeeding Business Day. Whenever any payment hereunder shall be stated to be due on a day which is not a Business Day, the due date thereof shall be extended to the next succeeding Business Day (subject to accrual of interest and Fees for the period of such extension), except that in the case of Eurodollar Loans, if the extension would cause the payment to be made in the next following calendar month, then such payment shall instead be made on the next preceding Business Day. Except as expressly provided otherwise herein, all computations of interest and fees shall be made on the basis of actual number of days elapsed over a year of 360 days, except with respect to computation of interest on Base Rate Loans which shall be calculated based on a year of 365 or 366 days, as appropriate. Interest shall accrue from and include the date of borrowing, but exclude the date of payment.

Appears in 1 contract

Samples: Credit Agreement (Autozone Inc)

Payments, Computations, etc. (a) Except as Unless otherwise specifically provided hereinexpressly --------------------------- provided, all payments hereunder by the Borrower pursuant to this Agreement, the Notes or any other Loan Document shall be made in Dollars, in immediately available funds by the Borrower to the Agent for the pro rata account of the Lenders entitled to receive such payment. All such payments required to be made to the Administrative Agent in dollars shall be made, without setoff, counterclaim, recoupment or other deduction, not later than 11:00 a.m., New York City time, on the date due, in immediately available funds, without offset, deduction, counterclaim or withholding of any kind, at to such account as the Administrative Agent’s office specified in Schedule 10.1 not later than 4:00 P.M. on Agent shall specify from time to time by notice to the date when dueBorrower. Payments Funds received after such that time shall be deemed to have been received by the Agent on the next succeeding Business Day. The Administrative Agent may (but shall not be obligated to) debit promptly remit in same day funds to each Lender its share, if any, of such payments received by the amount of any such payment which is not made by such time to any ordinary deposit Agent for the account of the Borrower maintained with the Administrative Agent such Lender. All interest (with notice to the Borrower). The Borrower shall, other than interest computed at the time it makes any payment under this Credit Agreement, specify to the Administrative Agent the Loans, Fees, interest or other amounts payable by the Borrower hereunder to which such payment is to be applied (and in the event that it fails so to specify, or if such application would be inconsistent with the terms hereof, the Administrative Agent shall distribute such payment to the Lenders in such manner as the Administrative Agent may determine to be appropriate in respect of obligations owing by the Borrower hereunder, subject to the terms of Section 3.12(a)). The Administrative Agent will distribute such payments to such Lenders, if any such payment is received prior to 12:00 Noon on a Business Day in like funds as received prior to the end of such Business Day and otherwise the Administrative Agent will distribute such payment to such Lenders on the next succeeding Business Day. Whenever any payment hereunder shall be stated to be due on a day which is not a Business Day, the due date thereof shall be extended to the next succeeding Business Day (subject to accrual of interest and Fees for the period of such extension), except that in the case of Eurodollar Loans, if the extension would cause the payment to be made in the next following calendar month, then such payment shall instead be made on the next preceding Business Day. Except as expressly provided otherwise herein, all computations of interest Prime Rate) and fees shall be made computed on the basis of the actual number of days elapsed (including the first day but excluding the last day) occurring during the period for which such interest or fee is payable over a year comprised of 360 three-hundred sixty (360) days, except with respect to computation of interest on Base . Interest computed at the Prime Rate Loans which shall be calculated based computed on the basis of its actual number of days (including the first day but excluding the last day) occurring during the period for which such interest is payable over a year comprised of 365 or 366 days, as appropriatethe case may be. Whenever any payment day is not a Business Day, such payment shall (except as otherwise required by clause (c) of the definition ---------- of the term "Interest Period" with respect to LIBOR Loans) be made on the next --------------- succeeding Business Day and such extension of time shall accrue from be included in computing interest and include the date of borrowingfees, but exclude the date of if any, in connection with such payment.

Appears in 1 contract

Samples: Credit Agreement (Star Gas Partners Lp)

Payments, Computations, etc. (a) Except as Unless otherwise specifically expressly provided herein, all payments amounts to be paid or deposited by the Loan Parties or the Collateral Manager hereunder shall be made to paid or deposited in accordance with the Administrative Agent terms hereof no later than 3:00 p.m. on the day when due in dollars lawful money of the United States in immediately available funds, without offset, deduction, counterclaim or withholding of funds and any kind, at the Administrative Agent’s office specified in Schedule 10.1 amount not later than 4:00 P.M. on the date when due. Payments received after before such time shall be deemed to have been received on the next succeeding Business Day. The Administrative Agent may Loan Parties or the Collateral Manager, as applicable, shall, to the extent permitted by law, pay to the Secured Parties interest on all amounts (but other than the Advances) not paid or deposited when due hereunder at 5.25% per annum above the Prime Rate, payable on demand; provided that, such interest rate shall not at any time exceed the maximum rate permitted by Applicable Law. Such interest shall be obligated to) debit for the amount of any such payment which is not made by such time to any ordinary deposit account of the Borrower maintained applicable Secured Party. All computations of interest and other fees hereunder shall be made on the basis of a year consisting of 360 days (other than calculations with the Administrative Agent (with notice respect to the Borrower). The Borrower shallBase Rate and the Non-Usage Fee, at the time it makes any payment under this Credit Agreement, specify to the Administrative Agent the Loans, Fees, interest or other amounts payable by the Borrower hereunder to which such payment is to shall each be applied (and in the event that it fails so to specify, or if such application would be inconsistent with the terms hereof, the Administrative Agent shall distribute such payment to the Lenders in such manner as the Administrative Agent may determine to be appropriate in respect of obligations owing by the Borrower hereunder, subject to the terms of Section 3.12(a)). The Administrative Agent will distribute such payments to such Lenders, if any such payment is received prior to 12:00 Noon based on a Business Day in like funds year consisting of 365 or 366 days, as received prior to applicable) for the end actual number of such Business Day and otherwise the Administrative Agent will distribute such payment to such Lenders on the next succeeding Business Daydays elapsed. (b) Whenever any payment hereunder shall be stated to be due on a day which is not other than a Business Day, the due date thereof shall be extended to the next succeeding Business Day (subject to accrual of interest and Fees for the period of such extension), except that in the case of Eurodollar Loans, if the extension would cause the payment to be made in the next following calendar month, then such payment shall instead be made on the next preceding succeeding Business Day, and such extension of time shall in such case be included in the computation of the payment of Interest or any fee payable hereunder, as the case may be. Except For avoidance of doubt, to the extent that Available Funds are insufficient on any Payment Date to satisfy the full amount of any Increased Costs pursuant to Section 2.12, such unpaid amounts shall remain due and owing and shall accrue interest as expressly provided otherwise hereinin Section 2.10(a) until repaid in full. (c) If any Advance requested by the Borrower is not effectuated as a result of the Borrower’s actions or failure to fulfill any condition under Section 3.2, all computations of interest and fees shall be made as the case may be, on the basis date specified therefor, the Borrower shall indemnify the applicable Lender against any reasonable loss, cost or expense incurred by the applicable Lender, including, without limitation, any loss, cost or expense incurred by reason of actual number the liquidation or reemployment of days elapsed over a year of 360 days, except with respect deposits or other funds acquired by the applicable Lender to computation of interest on Base Rate Loans which shall be calculated based on a year of 365 fund or 366 days, as appropriate. Interest shall accrue from and include the date of borrowingmaintain such Advance, but exclude excluding the date of paymentApplicable Spread. Section 2.11.

Appears in 1 contract

Samples: Loan and Security Agreement (New Mountain Finance Corp)

Payments, Computations, etc. (a) Except as otherwise specifically provided herein, all payments hereunder shall be made to the Administrative Agent in dollars in immediately available funds, without offset, deduction, counterclaim or withholding of any kind, at the Administrative Agent’s 's office specified in Schedule Section 10.1 not later than 4:00 2:00 P.M. (Charlotte, North Carolina time) on the date when due. Payments received after such time shall be deemed to have been received on the next succeeding Business Day. The Administrative Agent may (but shall not be obligated to) debit the amount of any such payment which is not made by such time to any ordinary deposit account of the Borrower maintained with the Administrative Agent (with notice to the Borrower). The Borrower shall, at the time it makes any payment under this Credit Agreement, specify to the Administrative Agent the Loans, Fees, interest or other amounts payable by the Borrower hereunder to which such payment is to be applied (and in the event that it fails so to specify, or if such application would be inconsistent with the terms hereof, the Administrative Agent shall distribute such payment to the Lenders in such manner as the Administrative Agent may determine to be appropriate in respect of obligations owing by the Borrower hereunder, subject to the terms of Section 3.12(a)). The Administrative Agent will distribute such payments to such Lenders, if any such payment is received prior to 12:00 Noon NOON (Charlotte, North Carolina time) on a Business Day in like funds as received prior to the end of such Business Day and otherwise the Administrative Agent will distribute such payment to such Lenders on the next succeeding Business Day. Whenever any payment hereunder shall be stated to be due on a day which is not a Business Day, the due date thereof shall be extended to the next succeeding Business Day (subject to accrual of interest and Fees for the period of such extension), except that in the case of Eurodollar Loans, if the extension would cause the payment to be made in the next following calendar month, then such payment shall instead be made on the next preceding Business Day. Except as expressly provided otherwise herein, all computations of interest and fees shall be made on the basis of actual number of days elapsed over a year of 360 days, except with respect to computation of interest on Base Rate Loans which shall be calculated based on a year of 365 or 366 days, as appropriate. Interest shall accrue from and include the date of borrowing, but exclude the date of payment.

Appears in 1 contract

Samples: Credit Agreement (Airgas Inc)

Payments, Computations, etc. (a) Except as otherwise specifically provided herein, all payments hereunder shall be made to the Administrative Agent in dollars Dollars in immediately available funds, without offset, deduction, counterclaim or withholding of any kind, at the Administrative Agent’s 's office specified in Schedule 10.1 SCHEDULE 1.1C not later than 4:00 2:00 P.M. (Charlotte, North Carolina time) on the date when due. Payments received after such time shall be deemed to have been received on the next succeeding Business Day. The Administrative Agent may (but shall not be obligated to) debit the amount of any such payment which is not made by such time to any ordinary deposit account of the Borrower maintained with the Administrative Agent (with notice to the Borrower). The Borrower shall, at the time it makes any payment under this Credit Agreement, specify to the Administrative Agent the Loans, LOC Obligations, Fees, interest or other amounts payable by the Borrower hereunder to which such payment is to be applied (and in the event that it fails so to specify, or if such application would be inconsistent with the terms hereof, the Administrative Agent shall distribute such payment to the Lenders in such manner as the Administrative Agent may determine to be appropriate in respect of obligations owing by the Borrower hereunder, subject to the terms of Section 3.12(a)). The Administrative Agent will distribute such payments to such Lenders, if any such payment is received prior to 12:00 Noon (Charlotte, North Carolina time) on a Business Day in like funds as received prior to the end of such Business Day and otherwise the Administrative Agent will distribute such payment to such Lenders on the next succeeding Business Day. Whenever any payment hereunder shall be stated to be due on a day which is not a Business Day, the due date thereof shall be extended to the next succeeding Business Day (subject to accrual of interest and Fees for the period of such extension), except that in the case of Eurodollar Loans, if the extension would cause the payment to be made in the next following calendar month, then such payment shall instead be made on the next preceding Business Day. Except as expressly provided otherwise herein, all computations of interest and fees Fees shall be made on the basis of actual number of days elapsed over a year of 360 days, except with respect to computation of interest on Base Rate Loans which shall be calculated based on a year of 365 or 366 days, as appropriate. Interest shall accrue from and include the date of borrowing, but shall exclude the date of payment.

Appears in 1 contract

Samples: Credit Agreement (Flo Fill Co Inc)

Payments, Computations, etc. (a) Except as otherwise specifically provided herein, all payments hereunder shall be made to the Administrative Agent Bank in dollars Dollars in immediately available funds, without offset, deduction, counterclaim or withholding of any kind, at the Administrative Agent’s Bank's office specified in Schedule Section 10.1 not later than 4:00 2:00 P.M. (Charlotte, North Carolina time) on the date when due. Payments received after such time shall be deemed to have been received on the next succeeding Business Day. The Administrative Agent Bank may (but shall not be obligated to) debit the amount of any such payment which is not made by such time to any ordinary deposit account of the Borrower maintained with the Administrative Agent Bank (with notice to the Borrower). The Borrower shall, at the time it makes any payment under this Credit Agreement, specify to the Administrative Agent Bank the Loans, LOC Obligations, BA Obligations, Fees, interest or other amounts payable by the Borrower hereunder to which such payment is to be applied (and in the event that it fails so to specify, or if such application would be inconsistent with the terms hereof, the Administrative Agent Bank shall distribute apply such payment to the Lenders in such manner as the Administrative Agent Bank may determine to be appropriate in respect of obligations owing by the Borrower hereunder, subject to the terms of Section 3.12(a)). The Administrative Agent will distribute such payments to such Lenders, if any such payment is received prior to 12:00 Noon on a Business Day in like funds as received prior to the end of such Business Day and otherwise the Administrative Agent will distribute such payment to such Lenders on the next succeeding Business Day. Whenever any payment hereunder shall be stated to be due on a day which is not a Business Day, the due date thereof shall be extended to the next succeeding Business Day (subject to accrual of interest and Fees for the period of such extension), except that in the case of Eurodollar LIBOR Rate Loans, if the extension would cause the payment to be made in the next following calendar month, then such payment shall instead be made on the next preceding Business Day. Except as expressly provided otherwise herein, all computations of interest and fees Fees shall be made on the basis of actual number of days elapsed over a year of 360 days, except with respect to computation of interest on Alternate Base Rate Loans which (unless the Alternate Base Rate is determined by reference to the Federal Funds Rate) shall be calculated based on a year of 365 or 366 days, as appropriate. Interest shall accrue from and include the date of borrowing, but exclude the date of payment.

Appears in 1 contract

Samples: Credit Agreement (Action Performance Companies Inc)

Payments, Computations, etc. (a) Except as otherwise specifically provided herein, all payments hereunder shall be made to the Administrative Agent in dollars in immediately available funds, without offset, deduction, counterclaim or withholding of any kind, at the Administrative Agent’s 's office specified in Schedule 10.1 2.1(a) not --------------- later than 4:00 2:00 P.M. Central time on the date when due. Payments received after such time shall be deemed to have been received on the next succeeding Business Day. The Administrative Agent may (but shall not be obligated to) debit the amount of any such payment which is not made by such time to any ordinary deposit account of the Borrower maintained with the Administrative Agent (with notice to the Borrower). The Borrower shall, at the time it makes any payment under this Credit Agreement, specify to the Administrative Agent the Loans, LOC Obligations, Fees, interest or other amounts payable by the Borrower hereunder to which such payment is to be applied (and in the event that it fails so to specify, or if such application would be inconsistent with the terms hereof, the Administrative Agent shall distribute such payment to the Lenders in such manner as the Administrative Agent may determine to be appropriate in respect of obligations owing by the Borrower hereunder, subject to the terms of Section 3.12(a3.13(a)). The Administrative Agent will distribute such payments to such Lenders, if any such payment is received prior to 12:00 Noon 1:00 P.M. Central time on a Business Day in like funds as received prior to the end of such Business Day and otherwise the Administrative Agent will distribute such payment to such Lenders on the next succeeding Business Day. Whenever any payment hereunder shall be stated to be due on a day which is not a Business Day, the due date thereof shall be extended to the next succeeding Business Day (subject to accrual of interest and Fees for the period of such extension), except that in the case of Eurodollar Loans, if the extension would cause the payment to be made in the next following calendar month, then such payment shall instead be made on the next preceding Business Day. Except as expressly provided otherwise herein, all computations of interest and fees shall be made on the basis of actual number of days elapsed over a year of 360 days, except with respect to computation of interest on Base Rate Loans which shall be calculated based on a year of 365 or 366 days, as appropriate. Interest shall accrue from and include the date of borrowing, but exclude the date of payment.

Appears in 1 contract

Samples: Credit Agreement (Engineered Support Systems Inc)

Payments, Computations, etc. (a) Except as otherwise specifically provided herein, all payments hereunder shall be made to the Administrative Agent in dollars in immediately available funds, without offsetsetoff, deduction, counterclaim or withholding of any kind, at the Administrative Agent’s 's office specified in Schedule 10.1 2.1(a) not later than 4:00 2:00 P.M. (Charlotte, North Carolina time) on the date when due. Payments received after such time shall be deemed to have been received on the next succeeding Business Day. The Administrative Agent may (but shall not be obligated to) debit the amount of any such payment which is not made by such time to any ordinary deposit account of the Borrower maintained with the Administrative Agent (with notice to the Borrower). The Borrower shall, at the time it makes any payment under this Credit Agreement, specify to the Administrative Agent the Loans, LOC Obligations, Fees, interest or other amounts payable by the Borrower hereunder to which such payment is to be applied (and in the event that it fails so to specify, or if such application would be inconsistent with the terms hereof, the Administrative Agent shall distribute such payment to the Lenders in such manner as the Administrative Agent may determine to be appropriate in respect of obligations owing by the Borrower hereunder, subject to the terms of Section 3.12(a3.13(a)). The Administrative Agent will distribute such payments to such Lenders, if any such payment is received prior to 12:00 Noon (Charlotte, North Carolina time) on a Business Day in like funds as received prior to the end of such Business Day and otherwise the Administrative Agent will distribute such payment to such Lenders on the next succeeding Business Day. Whenever any payment hereunder shall be stated to be due on a day which is not a Business Day, the due date thereof shall be extended to the next succeeding Business Day (subject to accrual of interest and Fees for the period of such extension), except that in the case of Eurodollar Loans, if the extension would cause the payment to be made in the next following calendar month, then such payment shall instead be made on the next preceding Business Day. Except as expressly provided otherwise herein, all computations of interest and fees shall be made on the basis of actual number of days elapsed over a year of 360 days, except with respect to computation of interest on Base Rate Loans which (unless the Base Rate is determined by reference to the Federal Funds Rate) shall be calculated based on a year of 365 or 366 days, as appropriate. Interest shall accrue from and include the date of borrowing, but exclude the date of payment.

Appears in 1 contract

Samples: Credit Agreement (Insight Health Services Corp)

Payments, Computations, etc. (a) Except as otherwise specifically provided herein, all payments hereunder shall be made to the Administrative Agent in dollars in immediately available funds, without offset, deduction, counterclaim or withholding of any kind, at the Administrative Agent’s 's office specified in Schedule 10.1 2.1(a) not later than 4:00 2:00 P.M. (Charlotte, North Carolina time) on the date when due. Payments received after such time shall be deemed to have been received on the next succeeding Business Day. The Administrative Agent may (but shall not be obligated to) debit the amount of any such payment owed by the Borrower which is not made by such time to any ordinary deposit account of the Borrower maintained with the Administrative Agent (with notice to the Borrower). The Borrower shall, at the time it makes any payment under this Credit Agreement, specify to the Administrative Agent the Loans, LOC Obligations, Fees, interest or other amounts payable by the Borrower hereunder to which such payment is to be applied (and in the event that it fails so to specify, or if such application would be inconsistent with the terms hereof, the Administrative Agent shall distribute such payment to the Lenders in such manner as the Administrative Agent may determine to be appropriate in respect of obligations owing by the Borrower hereunder, subject to the terms of Section 3.12(a3.13(a)). The Administrative Agent will distribute such payments to such Lenders, if any such payment is received prior to 12:00 Noon (Charlotte, North Carolina time) on a Business Day in like funds as received prior to the end of such Business Day and otherwise the Administrative Agent will distribute such payment to such Lenders on the next succeeding Business Day. Whenever any payment hereunder shall be stated to be due on a day which is not a Business Day, the due date thereof shall be extended to the next succeeding Business Day (subject to accrual of interest and Fees for the period of such extension), except that in the case of Eurodollar Loans, if the extension would cause the payment to be made in the next following calendar month, then such payment shall instead be made on the next preceding Business Day. Except as expressly provided otherwise herein, all computations of interest and fees shall be made on the basis of actual number of days elapsed over a year of 360 days, except with respect to computation of interest on Base Rate Loans which shall be calculated based on a year of 365 or 366 days, as appropriate. Interest shall accrue from and include the date of borrowing, but exclude the date of payment.

Appears in 1 contract

Samples: Credit Agreement (Glenayre Technologies Inc)

Payments, Computations, etc. (a) Except as otherwise specifically provided herein, all payments hereunder shall be made to the Administrative Agent in dollars in immediately available funds, without offset, deduction, counterclaim or withholding of any kind, at the Administrative Agent’s 's office specified in Schedule 10.1 2.1(a) not later than 4:00 2:00 P.M. (Charlotte, North Carolina time) on the date when due. Payments received after such time shall be deemed to have been received on the next succeeding Business Day. The Administrative Agent may (but shall not be obligated to) debit the amount of any such payment which is not made by such time to any ordinary deposit account of the Borrower maintained with the Administrative Agent or the Collateral Agent (with notice to the Borrower). The Borrower shall, at the time it makes any payment under this Credit Agreement, specify to the Administrative Agent the Loans, LOC Obligations, Fees, interest or other amounts payable by the Borrower hereunder to which such payment is to be applied (and in the event that it fails so to specify, or if such application would be inconsistent with the terms hereof, the Administrative Agent shall distribute such payment to the Lenders in such manner as the Administrative Agent may determine to be appropriate in respect of obligations owing by the Borrower hereunder, subject to the terms of Section 3.12(a3.13(a)). The Administrative Agent will distribute such payments to such Lenders, if any such payment is received prior to 12:00 Noon (Charlotte, North Carolina time) on a Business Day in like funds as received prior to the end of such Business Day and otherwise the Administrative Agent will distribute such payment to such Lenders on the next succeeding Business Day. Whenever any payment hereunder shall be stated to be due on a day which is not a Business Day, the due date thereof shall be extended to the next succeeding Business Day (subject to accrual of interest and Fees for the period of such extension), except that in the case of Eurodollar Loans, if the extension would cause the payment to be made in the next following calendar month, then such payment shall instead be made on the next preceding Business Day. Except as expressly provided otherwise herein, all computations of interest and fees shall be made on the basis of actual number of days elapsed over a year of 360 days, except with respect to computation of interest on Base Rate Loans which (unless the Base Rate is determined by reference to the Federal Funds Rate) shall be calculated based on a year of 365 or 366 days, as appropriate. Interest shall accrue from and include the date of borrowing, but exclude the date of payment.

Appears in 1 contract

Samples: Credit Agreement (Delta Woodside Industries Inc /Sc/)

Payments, Computations, etc. (a) Except as Unless otherwise specifically expressly provided hereinin a Loan Document, all payments hereunder by the Borrower pursuant to each Loan Document shall be made by the Borrower to the Administrative Agent in dollars in immediately available fundsfor the pro rata account of the Secured Parties entitled to receive such payment. All payments shall be made without setoff, without offset, deduction, deduction or counterclaim or withholding of any kind, at the Administrative Agent’s office specified in Schedule 10.1 not later than 4:00 P.M. 1:00 p.m. on the date when duedue in same day or immediately available funds to such account as the Administrative Agent shall specify from time to time by notice to the Borrower. Payments Funds received after such that time shall be deemed to have been received by the Administrative Agent on the next succeeding Business Day. The Administrative Agent may (but shall not be obligated to) debit the amount promptly remit in same day funds to each Secured Party its share, if any, of any such payment which is not made payments received by such time to any ordinary deposit account of the Borrower maintained with the Administrative Agent for the account of such Secured Party. All interest (with notice to including interest on LIBO Rate Loans) and fees shall be computed on the Borrowerbasis of the actual number of days (including the first day but excluding the last day) occurring during the period for which such interest or fee is payable over a year comprised of 360 days (or, in the case of interest on a Base Rate Loan calculated at other than the Federal Funds Effective Rate, 365 days or, if appropriate, 366 days). The Borrower shallExcept as otherwise set forth herein, at the time it makes any payment under this Credit Agreement, specify to the Administrative Agent the Loans, Fees, interest or other amounts payable by the Borrower hereunder to which such payment is to be applied (and in the event that it fails so to specify, or if such application would be inconsistent with the terms hereof, the Administrative Agent shall distribute such payment to the Lenders in such manner as the Administrative Agent may determine to be appropriate in respect of obligations owing by the Borrower hereunder, subject to the terms of Section 3.12(a)). The Administrative Agent will distribute such payments to such Lenders, if any such payment is received prior to 12:00 Noon on a Business Day in like funds as received prior to the end of such Business Day and otherwise the Administrative Agent will distribute such payment to such Lenders on the next succeeding Business Day. Whenever any payment hereunder shall be stated to be due on a day which is not other than a Business Day, the due date thereof Day shall be extended to the next succeeding Business Day (subject to accrual of interest and Fees for the period of such extension), except that in the case of Eurodollar Loans, if the extension would cause the payment to be made in the next following calendar month, then such payment shall instead be made on the next preceding Business Day. Except as expressly provided otherwise hereinset forth in any Loan Document, during the existence of an Event of Default, all computations payments made under any Loan Document shall be applied upon receipt (a) first, to the payment of all Obligations owing to the Administrative Agent, in its capacity as the Administrative Agent (including the fees and expenses of counsel to the Administrative Agent); (b) second, to the payment of accrued interest on and then principal of any portion (without duplication) of (i) Revolving Loans that the Administrative Agent may have advanced on behalf of any Revolving Loan Lender for which the Administrative Agent has not then been reimbursed by such Revolving Loan Lender or the Borrower, (ii) payments that the Administrative Agent may have advanced to the Secured Parties in accordance with this Section 4.7 for which the Administrative Agent has not been reimbursed by the Borrower, any other Obligor or the Secured Parties and (iii) Disbursements that an Issuer may have honored under a Revolving Letter of Credit for which such Issuer has not been reimbursed by the Borrower; (c) third, after payment in full in cash of the amounts specified in clauses (a) through (b), to the ratable payment of all interest and fees shall be made on the basis of actual number of days elapsed over a year of 360 days, except owing with respect to computation the Credit Extensions (including Participation Fees) and all costs and expenses owing to the Secured Parties pursuant to the terms of interest on Base this Agreement, until paid in full in cash; (d) fourth, after payment in full in cash of the amounts specified in clauses (a) through (c), to the ratable payment of the principal amount of the Loans then outstanding and the credit exposure of Secured Parties under Rate Loans which Protection Agreements, the aggregate Reimbursement Obligations then owing and Cash Collateralization for contingent liabilities under Letter of Credit Outstandings (and each Synthetic Lender shall be calculated based on a year entitled to receive amounts in the Deposit Account to the extent such amounts are not being used, after giving effect to this clause, to cash collateralize Synthetic Letters of 365 or 366 daysCredit Outstandings); (e) fifth, as appropriate. Interest shall accrue from after payment in full in cash of the amounts specified in clauses (a) through (d), to the ratable payment of all other Obligations owing to the Secured Parties; and include (f) sixth, after payment in full in cash of the date of borrowing, but exclude the date of payment.amounts specified in clauses (a) through

Appears in 1 contract

Samples: Credit Agreement (Champion Enterprises Inc)

Payments, Computations, etc. (a) Except as otherwise specifically provided herein, all payments hereunder shall be made to the Administrative Agent in dollars Dollars in immediately available funds, without offsetsetoff, deduction, counterclaim or withholding of any kind, at the Administrative Agent’s 's office specified in Schedule 10.1 2.1(a) not later than 4:00 2:00 P.M. (Charlotte, North Carolina time) on the date when due. Payments received after such time shall be deemed to have been received on the next succeeding Business Day. The Administrative Agent may (but shall not be obligated to) debit the amount of any such payment which is not made by such time to any ordinary deposit account of the Borrower or any other Credit Party maintained with the Administrative Agent (with notice to the BorrowerBorrower or such other Credit Party). The Borrower shall, at the time it makes any payment under this Credit Agreement, specify to the Administrative Agent the Loans, LOC Obligations, Fees, interest or other amounts payable by the Borrower hereunder to which such payment is to be applied (and in the event that it fails so to specify, or if such application would be inconsistent with the terms hereof, the Administrative Agent shall distribute such payment to the Lenders in such manner as the Administrative Agent may determine to be appropriate in respect of obligations owing by the Borrower hereunder, subject to the terms of Section 3.12(a3.13(a)). The Administrative Agent will distribute such payments to such Lenders, if any such payment is received prior to 12:00 Noon (Charlotte, North Carolina time) on a Business Day in like funds as received prior to the end of such Business Day and otherwise the Administrative Agent will distribute such payment to such Lenders on the next succeeding Business Day. Whenever any payment hereunder shall be stated to be due on a day which is not a Business Day, the due date thereof shall be extended to the next succeeding Business Day (subject to accrual of interest and Fees for the period of such extension), except that in the case of Eurodollar Loans, if the extension would cause the payment to be made in the next following calendar month, then such payment shall instead be made on the next preceding Business Day. Except as expressly provided otherwise herein, all computations of interest and fees shall be made on the basis of actual number of days elapsed over a year of 360 days, except with respect to computation of interest on Base Rate Loans which (unless the Base Rate is determined by reference to the Federal Funds Rate) shall be calculated based on a year of 365 or 366 days, as appropriate. Interest shall accrue from and include the date of borrowing, but exclude the date of payment.366

Appears in 1 contract

Samples: Credit Agreement (Cca Prison Realty Trust)

Payments, Computations, etc. (a) Except as Unless otherwise specifically provided herein--------------------------- expressly provided, all payments hereunder by the Borrower pursuant to this Agreement, the Notes, each Letter of Credit or any other Loan Document shall be made by the Borrower to the Administrative Agent for the pro --- rata account of the Lenders entitled to receive such payment. All ---- such payments required to be made to the Administrative Agent shall be made, without setoff, deduction or counterclaim, not later than 1:00 p.m., Chicago, Illinois time, on the date due, in dollars in same day or immediately available funds, without offset, deduction, counterclaim or withholding of any kind, at to such account as the Administrative Agent’s office specified in Schedule 10.1 not later than 4:00 P.M. on Agent shall specify from time to time by notice to the date when dueBorrower. Payments Funds received after such that time shall be deemed to have been received by the Administrative Agent on the next succeeding Business Day. The Administrative Agent may (but shall not be obligated to) debit the amount promptly remit in same day funds to each Lender its share, if any, of any such payment which is not made payments received by such time to any ordinary deposit account of the Borrower maintained with the Administrative Agent for the account of such Lender. All interest and fees shall be computed on the basis of the actual number of days (with notice to including the Borrower). The Borrower shallfirst day but excluding the last day) occurring during the period for which such interest or fee is payable over a year comprised of 360 days (or, in the case of interest on a Reference Rate Loan bearing interest at the time it makes any payment under this Credit Agreementrate specified in clause (b) of the definition of "Alternate Reference Rate", specify to the Administrative Agent the Loans, Fees, interest or other amounts payable by the Borrower hereunder to which such payment is to be applied (and in the event that it fails so to specify, or if such application would be inconsistent with the terms hereof, the Administrative Agent shall distribute such payment to the Lenders in such manner as the Administrative Agent may determine to be appropriate in respect of obligations owing by the Borrower hereunder, subject to the terms of Section 3.12(a)). The Administrative Agent will distribute such payments to such Lenders365 days ------------------------ or, if any such payment is received prior to 12:00 Noon on a Business Day in like funds as received prior to the end of such Business Day and otherwise the Administrative Agent will distribute such payment to such Lenders on the next succeeding Business Dayappropriate, 366 days). Whenever any payment hereunder to be made shall be stated to otherwise be due on a day which is not a Business Day, the due date thereof shall be extended to the next succeeding Business Day (subject to accrual of interest and Fees for the period of such extension), except that in the case of Eurodollar Loans, if the extension would cause the payment to be made in the next following calendar month, then such payment shall instead (except as otherwise required by the definition of "Quarterly --------- Payment Date" and, with respect to Eurodollar Rate Loans, by clause ------------ (c) of the definition of the term "Interest Period") be made on the --------------- next preceding succeeding Business Day. Except as expressly provided otherwise herein, all computations and such extension of time shall be included in computing interest and fees shall be made on the basis of actual number of days elapsed over a year of 360 daysfees, except if any, in connection with respect to computation of interest on Base Rate Loans which shall be calculated based on a year of 365 or 366 days, as appropriate. Interest shall accrue from and include the date of borrowing, but exclude the date of such payment.

Appears in 1 contract

Samples: Credit Agreement (Manor Investment Co Inc)

Payments, Computations, etc. (a) Except as otherwise specifically provided herein, all payments hereunder shall be made to the Administrative Agent in dollars in immediately available funds, without offset, deduction, counterclaim or withholding of any kind, at the Administrative Agent’s 's office specified in Schedule 10.1 Section 11.1 not later than 4:00 P.M. 2:00 p.m. (Charlotte, North Carolina time) on the date when due. Payments received after such time shall be deemed to have been received on the next succeeding Business Day. The Administrative Agent may (but shall not be obligated to) debit the amount of any such payment which is not made by such time to any ordinary deposit account of any of the Borrower Borrowers maintained with the Administrative Agent (with notice to the BorrowerParent). The Borrower Borrowers (or any of them) shall, at the time it makes any a payment is made under this Credit Agreement, specify to the Administrative Agent the Loans, LOC Obligations, Fees, interest or other amounts payable by the Borrower Borrowers hereunder to which such payment is to be applied (and in the event that it fails so to specify, or if such application would be inconsistent with the 44 50 terms hereof, the Administrative Agent shall distribute such payment to the Lenders in such manner as the Administrative Agent may determine to be appropriate in respect of obligations owing by the Borrower Borrowers hereunder, subject to the terms of Section 3.12(a)). The Administrative Agent will distribute such payments to such Lenders, if any such payment is received prior to 12:00 Noon on or before 2:00 p.m. (Charlotte, North Carolina time) on a Business Day in like funds as received prior to the end of such Business Day and otherwise the Administrative Agent will distribute such payment to such Lenders on the next succeeding Business Day. Whenever any payment hereunder shall be stated to be due on a day which is not a Business Day, the due date thereof shall be extended to the next succeeding Business Day (subject to accrual of interest and Fees for the period of such extension), except that in the case of Eurodollar Loans, if the extension would cause the payment to be made in the next following calendar month, then such payment shall instead be made on the next preceding Business Day. Except as expressly provided otherwise herein, all computations of interest and fees shall be made on the basis of actual number of days elapsed over a year of 360 days, except with respect to computation of interest on Base Rate Loans which (unless the Base Rate is determined by reference to the Federal Funds Rate) shall be calculated based on a year of 365 or 366 days, as appropriate. Interest shall accrue from and include the date of borrowing, but exclude the date of payment.

Appears in 1 contract

Samples: Credit Agreement (Central Parking Corp)

Payments, Computations, etc. (a) Except as otherwise specifically provided herein, all payments hereunder shall be made to the Administrative Agent in dollars in immediately available funds, without offset, deduction, counterclaim or withholding of any kind, at the Administrative Agent’s 's office specified in Schedule 10.1 Section 11.1 not later than 4:00 2:00 P.M. (Charlotte, North Carolina time) on the date when due. Payments received after such time shall be deemed to have been received on the next succeeding Business Day. The Administrative Agent may (but shall not be obligated to) debit the amount of any such payment which is not made by such time to any ordinary deposit account of the Borrower maintained with the Administrative Agent (with notice to the Borrower). The Borrower shall, at the time it makes any payment under this Credit Agreement, specify to the Administrative Agent the Loans, LOC Obligations, Fees, interest or other amounts payable by the Borrower hereunder to which such payment is to be applied (and in the event that it fails so to specify, or if such application would be inconsistent with the terms hereof, the Administrative Agent shall distribute such payment to the Lenders in such manner as the Administrative Agent may determine to be appropriate in respect of obligations owing by the Borrower hereunder, subject to the terms of Section 3.12(a)). The Administrative Agent will distribute such payments to such Lenders, if any such payment is received prior to 12:00 Noon (Charlotte, North Carolina time) on a Business Day in like funds as received prior to the end of such Business Day and otherwise the Administrative Agent will distribute such payment to such Lenders on the next succeeding Business Day. Whenever any payment hereunder shall be stated to be due on a day which is not a Business Day, the due date thereof shall be extended to the next succeeding Business Day (subject to accrual of interest and Fees for the period of such extension), except that in the case of Eurodollar Loans, if the extension would cause the payment to be made in the next following calendar month, then such payment shall instead be made on the next preceding Business Day. Except as expressly provided otherwise herein, all computations of interest and fees shall be made on the basis of actual number of days elapsed over a year of 360 days, except with respect to computation of interest on Base Rate Loans which shall be calculated based on a year of 365 or 366 days, as appropriate. Interest shall accrue from and include the date of borrowing, but exclude the date of payment.

Appears in 1 contract

Samples: Credit Agreement (Correctional Services Corp)

Payments, Computations, etc. (a) Except as otherwise specifically provided herein, all payments hereunder shall be made to the Administrative Agent in dollars in immediately available funds, without offsetsetoff, deduction, counterclaim or withholding of any kind, at the Administrative Agent’s 's office specified in Schedule 10.1 2.1(a) not later than 4:00 2:00 P.M. (Charlotte, North Carolina time) on the date when due. Payments received after such time shall be deemed to have been received on the next succeeding Business Day. The Administrative Agent may (but shall not be obligated to) debit the amount of any such payment which is not made by such time to any ordinary deposit account of the Borrower or any other Credit Party maintained with the Administrative Agent (with notice to the BorrowerBorrower or such other Credit Party). The Borrower shall, at the time it makes any payment under this Credit Agreement, specify to the Administrative Agent the Loans, LOC Obligations, Fees, interest or other amounts payable by the Borrower hereunder to which such payment is to be applied (and in the event that it fails so to specify, or if such application would be inconsistent with the terms hereof, the Administrative Agent shall distribute such payment to the Lenders in such manner as the Administrative Agent may determine to be appropriate in respect of obligations owing by the Borrower hereunder, subject to the terms of Section 3.12(a3.13(a)). The Administrative Agent will distribute such payments to such Lenders, if any such payment is received prior to 12:00 Noon (Charlotte, North Carolina time) on a Business Day in like funds as received prior to the end of such Business Day and otherwise the Administrative Agent will distribute such payment to such Lenders on the next succeeding Business Day. Whenever any payment hereunder shall be stated to be due on a day which is not a Business Day, the due date thereof shall be extended to the next succeeding Business Day (subject to accrual of interest and Fees for the period of such extension), except that in the case of Eurodollar Loans, if the extension would cause the payment to be made in the next following calendar month, then such payment shall instead be made on the next preceding Business Day. Except as expressly provided otherwise herein, all computations of interest and fees shall be made on the basis of actual number of days elapsed over a year of 360 days, except with respect to computation of interest on Base Rate Loans which (unless the Base Rate is determined by reference to the Federal Funds Rate) shall be calculated based on a year of 365 or 366 days, as appropriate. Interest shall accrue from and include the date of borrowing, but exclude the date of payment.

Appears in 1 contract

Samples: Credit Agreement (M & M Properties Inc)

Payments, Computations, etc. (a) Except as otherwise specifically provided herein, all payments hereunder shall be made to the Administrative Agent in dollars Dollars in immediately available funds, without offset, deduction, counterclaim or withholding of any kind, at the Administrative Agent’s 's office specified in Schedule 10.1 1.1C not later than 4:00 2:00 P.M. (Charlotte, North Carolina time) on the date when due. Payments received after such time shall be deemed to have been received on the next succeeding Business Day. The Administrative Agent may (but shall not be obligated to) debit the amount of any such payment which is not made by such time to any ordinary deposit account of the Borrower maintained with the Administrative Agent (with notice to the Borrower). The Borrower shall, at the time it makes any payment under this Credit Amended Agreement, specify to the Administrative Agent the Loans, LOC Obligations, Fees, interest or other amounts payable by the Borrower hereunder to which such payment is to be applied (and in the event that it fails so to specify, or if such application would be inconsistent with the terms hereof, the Administrative Agent shall distribute such payment to the Lenders in such manner as the Administrative Agent may determine to be appropriate in respect of obligations owing by the Borrower hereunder, subject to the terms of Section 3.12(a)). The Administrative Agent will distribute such payments to such Lenders, if any such payment is received prior to 12:00 Noon (Charlotte, North Carolina time) on a Business Day in like funds as received prior to the end of such Business Day and otherwise the Administrative Agent will distribute such payment to such Lenders on the next succeeding Business Day. Whenever any payment hereunder shall be stated to be due on a day which is not a Business Day, the due date thereof shall be extended to the next succeeding Business Day (subject to accrual of interest and Fees for the period of such extension), except that in the case of Eurodollar Loans, if the extension would cause the payment to be made in the next following calendar month, then such payment shall instead be made on the next preceding Business Day. Except as expressly provided otherwise hereinExcept, in the case of Base Rate Loans, in which case interest shall be computed on the basis of a 365 or 366 day year, all computations of interest and fees Fees shall be made on the basis of actual number of days elapsed over a year of 360 days, except with respect to computation of interest on Base Rate Loans which shall be calculated based on a year of 365 or 366 days, as appropriate. Interest shall accrue from and include the date of borrowing, but shall exclude the date of payment.

Appears in 1 contract

Samples: Guarantee Agreement (Isg Resources Inc)

Payments, Computations, etc. (a) Except as otherwise specifically provided herein, all payments hereunder shall be made to the Administrative Agent in dollars in immediately available funds, without offsetsetoff, deduction, counterclaim or withholding of any kind, at the Administrative Agent’s 's office specified in Schedule 10.1 2.1(a) not later than 4:00 2:00 P.M. (Charlotte, North 51 57 Carolina time) on the date when due. Payments received after such time shall be deemed to have been received on the next succeeding Business Day. The Administrative Agent may (but shall not be obligated to) debit the amount of any such payment which is not made by such time to any ordinary deposit account of the Borrower or any other Credit Party maintained with the Administrative Agent (with notice to the BorrowerBorrower or such other Credit Party). The Borrower shall, at the time it makes any payment under this Credit Agreement, specify to the Administrative Agent the Loans, LOC Obligations, Fees, interest or other amounts payable by the Borrower hereunder to which such payment is to be applied (and in the event that it fails so to specify, or if such application would be inconsistent with the terms hereof, the Administrative Agent shall distribute such payment to the Lenders in such manner as the Administrative Agent may determine to be appropriate in respect of obligations owing by the Borrower hereunder, subject to the terms of Section 3.12(a3.13(a)). The Administrative Agent will distribute such payments to such Lenders, if any such payment is received prior to 12:00 Noon (Charlotte, North Carolina time) on a Business Day in like funds as received prior to the end of such Business Day and otherwise the Administrative Agent will distribute such payment to such Lenders on the next succeeding Business Day. Whenever any payment hereunder shall be stated to be due on a day which is not a Business Day, the due date thereof shall be extended to the next succeeding Business Day (subject to accrual of interest and Fees for the period of such extension), except that in the case of Eurodollar Loans, if the extension would cause the payment to be made in the next following calendar month, then such payment shall instead be made on the next preceding Business Day. Except as expressly provided otherwise herein, all computations of interest and fees shall be made on the basis of actual number of days elapsed over a year of 360 days, except with respect to computation of interest on Base Rate Loans which shall be calculated based on a year of 365 or 366 days, as appropriate. Interest shall accrue from and include the date of borrowing, but exclude the date of payment.

Appears in 1 contract

Samples: Credit Agreement (Modtech Holdings Inc)

Payments, Computations, etc. (a) Except as otherwise specifically provided herein, all payments hereunder shall be made to the Administrative Agent in dollars Dollars and in immediately available funds, without offsetsetoff, deduction, counterclaim or withholding of any kind, at the Administrative Agent’s office specified in Schedule 10.1 Section 11.1 not later than 4:00 2:00 P.M. (Charlotte, North Carolina time) on the date when due. Payments received after such time shall be deemed to have been received on the next succeeding Business Day. The Administrative Agent may (but shall not be obligated to) debit the amount of any such payment which is not made by such time to any ordinary deposit account of the Borrower maintained with the Administrative Agent (with notice to the Borrower). The Borrower shall, at the time it makes any payment under this Credit Agreement, specify to the Administrative Agent the Loans, LOC Obligations, Fees, interest or other amounts payable by the Borrower hereunder to which such payment is to be applied (and in the event that it fails so to specify, or if such application would be inconsistent with the terms hereof, the Administrative Agent shall distribute such payment to the Lenders in such manner as the Administrative Agent may determine to be appropriate in respect of obligations owing by the Borrower hereunder, subject to the terms of Section 3.12(a3.13(a)). The Administrative Agent will distribute such payments to such Lenders, if any such payment is received prior to 12:00 Noon (Charlotte, North Carolina time) on a Business Day in like funds as received prior to the end of such Business Day and otherwise the Administrative Agent will distribute such payment to such Lenders on the next succeeding Business Day. Whenever any payment hereunder shall be stated to be due on a day which is not a Business Day, the due date thereof shall be extended to the next succeeding Business Day (subject to accrual of interest and Fees for the period of such extension), except that in the case of Eurodollar Loans, if the extension would cause the payment to be made in the next following calendar month, then such payment shall instead be made on the next preceding Business Day. Except as expressly provided otherwise herein, all computations of interest and fees shall be made on the basis of actual number of days elapsed over a year of 360 days, except with respect to computation of interest on Base Rate Loans which shall be calculated based on a year of 365 or 366 days, as appropriate. Interest shall accrue from and include the date of borrowing, but exclude the date of payment.

Appears in 1 contract

Samples: Credit Agreement (Lincare Holdings Inc)

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Payments, Computations, etc. (a) Except as otherwise specifically provided herein, all payments hereunder shall be made to the Administrative Agent in dollars in immediately available funds, without offset, deduction, counterclaim or withholding of any kind, at the Administrative Agent’s 's office specified in Schedule 10.1 SCHEDULE 2.1(A) not later than 4:00 P.M. (Charlotte, North Carolina time) on the date when due. Payments received after such time shall be deemed to have been received on the next succeeding Business Day. The Administrative Agent may (but shall not be obligated to) debit the amount of any such payment which is not made by such time to any ordinary deposit account of the Borrower maintained with the Administrative Agent (with notice to the Borrower). The Borrower shall, at the time it makes any payment under this Credit Agreement, specify to the Administrative Agent the Loans, Fees, interest or other amounts payable by the Borrower hereunder to which such payment is to be applied (and in the event that it fails so to specify, or if such application would be inconsistent with the terms hereof, the Administrative Agent shall distribute such payment to the Lenders in such manner as the Administrative Agent may determine to be appropriate in respect of obligations owing by the Borrower hereunder, subject to the terms of Section 3.12(a)). The Administrative Agent will distribute such payments to such Lenders, if any such payment is received prior to 12:00 Noon (Charlotte, North Carolina time) on a Business Day in like funds as received prior to the end of such Business Day and otherwise the Administrative Agent will distribute such payment to such Lenders on the next succeeding Business Day. Whenever any payment hereunder shall be stated to be due on a day which is not a Business Day, the due date thereof shall be extended to the next succeeding Business Day (subject to accrual of interest and Fees for the period of such extension), except that in the case of Eurodollar Loans, if the extension would cause the payment to be made in the next following calendar month, then such payment shall instead be made on the next preceding Business Day. Except as expressly provided otherwise herein, all computations of interest and fees shall be made on the basis of actual number of days elapsed over a year of 360 days, except with respect to computation of interest on Base Rate Loans which (unless the Base Rate is determined by reference to the Federal Funds Rate) shall be calculated based on a year of 365 or 366 days, as appropriate. Interest shall accrue from and include the date of borrowing, but exclude the date of payment.

Appears in 1 contract

Samples: Credit Agreement (Autozone Inc)

Payments, Computations, etc. (a) Except as otherwise specifically expressly provided herein, all payments by the Borrower pursuant to this Agreement or any other Loan Document shall be made by the Borrower to the Administrative Agent for the pro rata account of the Lenders entitled to receive such payment. Except as otherwise expressly provided herein and except with respect to the payment of a drawing under a Letter of Credit denominated in an Alternative Currency, all payments by the Borrower required to be made hereunder shall be made to the Administrative Agent in dollars Dollars, not later than 10:00 a.m., Denver time, on the date due, in immediately available fundsSame Day Funds, without offsetto such account as the Administrative Agent shall specify from time to time by notice to the Borrower. Except as otherwise expressly provided herein, deduction, counterclaim or withholding all payments by the Borrower hereunder with respect to a drawing under a Letter of any kind, at Credit denominated in an Alternative Currency shall be made to the Administrative Agent’s office specified , for the account of the Issuer, to such account as the Administrative Agent shall specify from time to time by notice to the Borrower in Schedule 10.1 not such Alternative Currency and in Same Day Funds no later than 4:00 P.M. the Applicable Time specified by the Administrative Agent on the date when duedates specified herein. Payments Funds received after such either time set forth in the immediately preceding two sentences shall be deemed to have been received by the Administrative Agent on the next succeeding Business Day. The Administrative Agent may (but If, for any reason, the Borrower is prohibited by any law, rule or regulation from making any required payment hereunder in an Alternative Currency, the Borrower shall not be obligated to) debit the amount of any make such payment which is not made by such time to any ordinary deposit account in Dollars in the Dollar Equivalent of the Borrower maintained with the Administrative Agent (with notice to the Borrower). The Borrower shall, at the time it makes any Alternative Currency payment under this Credit Agreement, specify to the Administrative Agent the Loans, Fees, interest or other amounts payable by the Borrower hereunder to which such payment is to be applied (and in the event that it fails so to specify, or if such application would be inconsistent with the terms hereof, the Administrative Agent shall distribute such payment to the Lenders in such manner as the Administrative Agent may determine to be appropriate in respect of obligations owing by the Borrower hereunder, subject to the terms of Section 3.12(a))amount. The Administrative Agent will distribute shall promptly remit Dollars in Same Day Funds to each Lender its share, if any, of such payments to such Lenders, if any such payment is received prior to 12:00 Noon on a Business Day in like funds as received prior to the end of such Business Day and otherwise by the Administrative Agent will distribute for the account of such payment to such Lenders Lender. All interest and fees shall be computed on the next succeeding Business Daybasis of the actual number of days (including the first day but excluding the last day) occurring during the period for which such interest or fee is payable over a year comprised of 360 days (or, in the case of interest on a Base Rate Loan (other than when calculated with respect to the Federal Funds Rate), 365 days or, if appropriate, 366 days); provided, however, in no event as a result of such computation shall interest exceed the Highest Lawful Rate. Whenever any payment hereunder to be made shall be stated to otherwise be due on a day which is not a Business Day, such payment shall (except as otherwise required by clause (c) of the due date thereof shall definition of the term "Interest Period" with respect to LIBO Rate Loans) be extended to made on the next succeeding Business Day (subject to accrual and such extension of time shall be included in computing interest and Fees for the period of such extension), except that in the case of Eurodollar Loansfees, if any, in connection with such payment. All payments by the extension would cause the payment Borrower pursuant to be made in the next following calendar month, then such payment shall instead be made on the next preceding Business Day. Except as expressly provided otherwise herein, all computations of interest and fees this Agreement or any other Loan Document shall be made on the basis of actual number of days elapsed over a year of 360 dayswithout setoff, except with respect to computation of interest on Base Rate Loans which shall be calculated based on a year of 365 deduction or 366 days, as appropriate. Interest shall accrue from and include the date of borrowing, but exclude the date of paymentcounterclaim.

Appears in 1 contract

Samples: Credit Agreement (W-H Energy Services Inc)

Payments, Computations, etc. (a) Except as Unless otherwise specifically expressly provided hereinin a Loan Document, all payments hereunder by the Borrowers pursuant to each Loan Document shall be made by the Borrowers to the Administrative Agent in dollars in immediately available funds, without offset, deduction, counterclaim or withholding for the pro rata account of any kind, at the Secured Parties entitled to receive such payment. All payments of principal of Synthetic Revolving Loans shall be made by the Cayman Borrower to the Administrative Agent’s office specified Agent for its account or, to the extent that the Administrative Agent has been reimbursed for such Synthetic Revolving Loans from proceeds in Schedule 10.1 the Synthetic Revolving Deposit Account, for deposit into the Synthetic Revolving Deposit Account for the benefit of the applicable Lenders in accordance with their Synthetic Revolving Deposit Percentages. All payments shall be made without setoff, deduction or counterclaim not later than 4:00 P.M. 11:00 a.m. on the date when duedue in same day or immediately available funds to such account as the Administrative Agent shall specify from time to time by notice to the Borrowers. Payments Funds received after such that time shall be deemed to have been received by the Administrative Agent on the next succeeding Business Day unless, at the Administrative Agent’s sole discretion, the Administrative Agent elects to treat such payment as having been received on the same Business Day. The Administrative Agent may (but shall not be obligated to) debit the amount promptly remit in same day funds to each Secured Party its share, if any, of any such payment which is not made payments received by such time to any ordinary deposit account of the Borrower maintained with the Administrative Agent for the account of such Secured Party. All interest (with notice to including interest on LIBO Rate Loans) and fees shall be computed on the Borrower). The Borrower shall, at basis of the time it makes any payment under this Credit Agreement, specify to actual number of days (including the Administrative Agent first day but excluding the Loans, Fees, last day) occurring during the period for which such interest or other amounts fee is payable by the Borrower hereunder to which such payment is to be applied over a year comprised of 360 days (and in the event that it fails so to specifyor, or if such application would be inconsistent with the terms hereof, the Administrative Agent shall distribute such payment to the Lenders in such manner as the Administrative Agent may determine to be appropriate in respect of obligations owing by the Borrower hereunder, subject to the terms of Section 3.12(a)). The Administrative Agent will distribute such payments to such Lenders, if any such payment is received prior to 12:00 Noon on a Business Day in like funds as received prior to the end of such Business Day and otherwise the Administrative Agent will distribute such payment to such Lenders on the next succeeding Business Day. Whenever any payment hereunder shall be stated to be due on a day which is not a Business Day, the due date thereof shall be extended to the next succeeding Business Day (subject to accrual of interest and Fees for the period of such extension), except that in the case of Eurodollar Loansinterest on a Base Rate Loan (calculated at other than the Federal Funds Rate), 365 days or, if the extension would cause the payment to be made in the next following calendar monthappropriate, then such payment 366 days). Except as otherwise provided herein, payments due on other than a Business Day shall instead be made on the next preceding Business DayDay and such extension of time shall be included in computing interest and fees in connection with that payment. Except as otherwise expressly provided otherwise hereinset forth therein, any payment made under any Loan Document that is less than the full amount then due thereunder shall be applied upon receipt (a) first, to the payment of all computations Obligations (other than Loans and interest thereon) owing to the Administrative Agent and the Collateral Agent, in its capacity as the Administrative Agent and the Collateral Agent, respectively (including the reasonable and documented fees and expenses of counsel to the Administrative Agent or the Collateral Agent, as the case may be), (b) second, after payment in full in cash of the amounts specified in clause (a), to the ratable payment of all interest and fees shall be made on the basis of actual number of days elapsed over a year of 360 days, except owing with respect to computation the Loans and all costs and expenses owing to the Secured Parties pursuant to the terms of interest on Base Rate the Credit Agreement, until paid in full in cash, (c) third, after payment in full in cash of the amounts specified in clauses (a) and (b), to the ratable payment of the principal amount of the Loans then outstanding, and, if such payment resulted from the proceeds of any collateral, then to amounts owing to Secured Parties under Hedging Agreements, (d) fourth, after payment in full in cash of the amounts specified in clauses (a) through (c), to the ratable payment of all other Obligations owing to the Secured Parties, (e) fifth, after payment in full in cash of the amounts specified in clauses (a) through (d), and following the Termination Date, to the Borrowers or any other Person lawfully entitled to receive such surplus. For purposes of this Section, the “credit exposure” at any time of any Secured Party with respect to a Hedging Agreement to which such Secured Party is a party shall be calculated based on a year determined at such time in accordance with the customary methods of 365 or 366 dayscalculating credit exposure under similar arrangements by the counterparty to such arrangements, as appropriate. Interest shall accrue from taking into account potential interest rate movements, currency movements and include the date respective termination provisions and notional principal amount, netting arrangements and term of borrowing, but exclude the date of paymentsuch Hedging Agreement.

Appears in 1 contract

Samples: Credit Agreement (Aei)

Payments, Computations, etc. (a) Except as Unless otherwise specifically expressly provided herein, all payments amounts to be paid or deposited by the Borrower hereunder shall be made paid or deposited in accordance with the terms hereof no later than 3:00 p.m., New York City time, on the day when due in Dollars in immediately available funds to the Administrative Agent in dollars in immediately available fundsAgent's account, without offset, deduction, counterclaim or withholding of any kind, at for further payment by the Administrative Agent’s office specified in Schedule 10.1 not later Agent to the Persons to who such amounts are due and payable. (b) Whenever any payment hereunder (i) shall be stated to be due on a day other than 4:00 P.M. a Business Day, such payment shall be made on the date when due. Payments next succeeding Business Day, except in the case where the next succeeding Business Day would occur in the succeeding calendar month, in which case such payment shall be due on the preceding Business Day or (ii) is received after 3:00 p.m., New York City time, such time payment shall be deemed to have been received on the next succeeding Business Day, and any such extension of time shall in such case be included in the computation of payment of Interest, other interest or any fee payable hereunder, as the case may be. The (c) If any Loan requested by the Borrower and approved by a Lender and the Administrative Agent pursuant to Section 2.01 is not, for any reason other than due to the fault of an Agent, a Lender or the Administrative Agent, made or effectuated, as the case may be, on the date specified therefor, the Borrower shall indemnify such Lender against any reasonable loss, cost or expense incurred by such Lender, including any loss (but including loss of anticipated profits, net of anticipated profits in the reemployment of such funds in the manner determined by such Lender), cost or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by such Lender to fund or maintain such Loan. (d) All payments hereunder shall be made without set-off or counterclaim and in such amounts as may be necessary in order that all such payments shall not be obligated toless than the amounts otherwise specified to be paid under this Agreement. (e) debit To the amount of extent that (i) any such Person makes a payment which is not made by such time to any ordinary deposit account of the Borrower maintained with the Administrative Agent (with notice to the Borrower). The Borrower shall, at the time it makes any payment under this Credit Agreement, specify to the Administrative Agent the Loans, Fees, interest or other amounts payable by the Borrower hereunder to which such payment is to be applied (and in the event that it fails so to specify, or if such application would be inconsistent with the terms hereof, the Administrative Agent, the Servicer, the Backup Servicer, the Collateral Custodian or any Lender or Agent shall distribute such payment to or (ii) the Lenders in such manner as Borrower, the Administrative Agent, the Servicer, the Backup Servicer, the Collateral Custodian or any Lender or Agent may determine receives or is deemed to be appropriate in respect of obligations owing by the Borrower hereunder, subject to the terms of Section 3.12(a)). The Administrative Agent will distribute such payments to such Lenders, if any such payment is have received prior to 12:00 Noon on a Business Day in like funds as received prior to the end of such Business Day and otherwise the Administrative Agent will distribute such payment to such Lenders on the next succeeding Business Day. Whenever any payment hereunder shall be stated or proceeds for application to be due on a day an obligation, which is not a Business Day, the due date payment or proceeds or any part thereof shall be extended to the next succeeding Business Day (subject to accrual of interest and Fees for the period of such extension), except that in the case of Eurodollar Loans, if the extension would cause the payment to be made in the next following calendar month, then such payment shall instead be made on the next preceding Business Day. Except as expressly provided otherwise herein, all computations of interest and fees shall be made on the basis of actual number of days elapsed over a year of 360 days, except with respect to computation of interest on Base Rate Loans which shall be calculated based on a year of 365 or 366 days, as appropriate. Interest shall accrue from and include the date of borrowing, but exclude the date of payment.are

Appears in 1 contract

Samples: Loan Agreement (Lithia Motors Inc)

Payments, Computations, etc. (a) Except as otherwise specifically provided herein, all payments hereunder shall be made to the Administrative Agent in dollars in immediately available funds, without offsetsetoff, deduction, counterclaim or withholding of any kind, at the Administrative Agent’s 's office specified in Schedule 10.1 Section 11.1 not later than 4:00 2:00 P.M. (Eastern Standard Time) on the date when due. Payments received after such time shall be deemed to have been received on the next succeeding Business Day. The Administrative Agent may (but shall not be obligated to) debit the amount of any such payment which is not made by such time to any ordinary deposit account of the Borrower maintained with the Administrative Agent (with notice to the Borrower). The Borrower shall, at the time it makes any payment under this Credit Agreement, specify to the Administrative Agent the Loans, LOC Obligations, Fees, interest or other amounts payable by the Borrower hereunder to which such payment is to be applied (and in the event that it fails so to specify, or if such application would be inconsistent with the terms hereof, the Administrative Agent shall distribute such payment to the Lenders in such manner as the Administrative Agent may determine to be appropriate in respect of obligations owing by the Borrower hereunder, subject to the terms of Section 3.12(a)). The Administrative Agent will distribute such payments to such Lenders, if any such payment is received prior to 12:00 Noon (Eastern Standard Time) on a Business Day in like funds as received prior to the end of such Business Day and otherwise the Administrative Agent will distribute such payment to such Lenders on the next succeeding Business Day. Whenever any payment hereunder shall be stated to be due on a day which is not a Business Day, the due date thereof shall be extended to the next succeeding Business Day (subject to accrual of interest and Fees for the period of such extension), except that in the case of Eurodollar Loans, if the extension would cause the payment to be made in the next following calendar month, then such payment shall instead be made on the next preceding Business Day. Except as expressly provided otherwise herein, all computations of interest and fees shall be made on the basis of actual number of days elapsed over a year of 360 days, except with respect to computation of interest on Base Rate Loans which shall be calculated based on a year of 365 or 366 days, as appropriate. Interest shall accrue from and include the date of borrowing, but exclude the date of payment.any

Appears in 1 contract

Samples: Credit Agreement (Avteam Inc)

Payments, Computations, etc. (a) Except as Unless otherwise specifically provided hereinexpressly --------------------------- provided, all payments hereunder by the Borrower pursuant to this Agreement, the Notes, each Letter of Credit or any other Loan Document shall be made by the Borrower to the Administrative Agent for the pro rata account of the Lenders entitled to --- ---- receive such payment. All such payments required to be made to the Administrative Agent shall be made, without setoff, deduction or counterclaim, not later than 12:00 noon, New York City time, on the date due, in dollars in same day or immediately available funds, without offset, deduction, counterclaim or withholding of any kind, at to such account as the Administrative Agent’s office specified Agent shall specify from time to time by notice to the Borrower. The failure of the Borrower to make any such payment by such time shall not constitute a Default hereunder, provided that such payment is received by the Administrative Agent in Schedule 10.1 not later than immediately available funds by 4:00 P.M. p.m. on such due date, but any such payment made after 1:00 p.m. on such due date shall be deemed to have been made on the date when duenext Business Day for the purpose of calculating interest on amounts outstanding on the Obligations unless the Administrative Agent in fact was able to remit to each Lender its pro-rata share of such payment by 4:00 p.m. on such due date. Payments Funds received after such that time shall be deemed to have been received by the Administrative Agent on the next succeeding Business Day. The Administrative Agent may (but shall not be obligated to) debit the amount promptly remit in same day funds to each Lender its share, if any, of any such payment which is not made payments received by such time to any ordinary deposit account of the Borrower maintained with the Administrative Agent for the account of such Lender. All interest (with notice to including interest on LIBO Rate Loans) shall be computed on the Borrower). The Borrower shall, at basis of the time it makes any payment under this Credit Agreement, specify to actual number of days (including the Administrative Agent first day but excluding the Loans, Fees, last day) occurring during the period for which such interest or other amounts fee is payable by the Borrower hereunder to which such payment is to be applied over a year comprised of 360 days (and or, in the event that it fails so to specifycase of interest on a Base Rate Loan (calculated at other than the Federal Funds Rate) and fees, or if such application would be inconsistent with the terms hereof, the Administrative Agent shall distribute such payment to the Lenders in such manner as the Administrative Agent may determine to be appropriate in respect of obligations owing by the Borrower hereunder, subject to the terms of Section 3.12(a)). The Administrative Agent will distribute such payments to such Lenders365 days or, if any such payment is received prior to 12:00 Noon on a Business Day in like funds as received prior to the end of such Business Day and otherwise the Administrative Agent will distribute such payment to such Lenders on the next succeeding Business Dayappropriate, 366 days). Whenever any payment hereunder to be made shall be stated to otherwise be due on a day which is not a Business Day, such payment shall (except as otherwise required by clause (c) of the due date thereof shall definition of the term "Interest Period") be extended to made ---------- on the next succeeding Business Day (subject to accrual and such extension of time shall be included in computing interest and Fees for the period of such extension), except that in the case of Eurodollar Loansfees, if the extension would cause the payment to be made any, in the next following calendar month, then connection with such payment shall instead be made on the next preceding Business Day. Except as expressly provided otherwise herein, all computations of interest and fees shall be made on the basis of actual number of days elapsed over a year of 360 days, except with respect to computation of interest on Base Rate Loans which shall be calculated based on a year of 365 or 366 days, as appropriate. Interest shall accrue from and include the date of borrowing, but exclude the date of payment.

Appears in 1 contract

Samples: Credit Agreement (Tci Satellite Entertainment Inc)

Payments, Computations, etc. (a) Except as otherwise specifically provided herein, all payments hereunder shall be made to the Administrative Agent in dollars Dollars in immediately available funds, without offsetsetoff, deduction, counterclaim or withholding of any kind, at the Administrative Agent’s 's office specified in Schedule 10.1 Section 11.1 not later than 4:00 2:00 P.M. (Charlotte, North Carolina time) on the date when due. Payments received after such time shall be deemed to have been received on the next succeeding Business Day. The Administrative Agent may (but shall not be obligated to) debit the amount of any such payment which is not made by such time to any ordinary deposit account of the Borrower maintained with the Administrative Agent (with notice to the Borrower). The Borrower shall, at the time it makes any payment under this Credit Agreement, specify to the Administrative Agent the Loans, LOC Obligations, Fees, interest or other amounts payable by the Borrower hereunder to which such payment is to be applied (and in the event that it fails so to specify, or if such application would be inconsistent with the terms hereof, the Administrative Agent shall distribute such payment to the Lenders in such manner as the Administrative Agent may determine to be appropriate in respect of obligations owing by the Borrower hereunder, subject to the terms of Section 3.12(a)). The Administrative Agent will distribute such payments to such Lenders, if any such payment is received prior to 12:00 Noon (Charlotte, North Carolina time) on a Business Day in like funds as received prior to the end of such Business Day and otherwise the Administrative Agent will distribute such payment to such Lenders on the next succeeding Business Day. Whenever any payment hereunder shall be stated to be due on a day which is not a Business Day, the due date thereof shall be extended to the next succeeding Business Day (subject to accrual of interest and Fees for the period of such extension), except that in the case of Eurodollar Loans, if the extension would cause the payment to be made in the next following calendar month, then such payment shall instead be made on the next preceding Business Day. Except as expressly provided otherwise herein, all computations of interest and fees shall be made on the basis of actual number of days elapsed over a year of 360 days, except with respect to computation of interest on Base Rate Loans which (unless the Base Rate is determined by reference to the Federal Funds Rate) shall be calculated based on a year of 365 or 366 days, as appropriate. Interest shall accrue from and include the date of borrowing, but exclude the date of payment.

Appears in 1 contract

Samples: Credit Agreement (Navigant International Inc)

Payments, Computations, etc. (a) Except as otherwise specifically provided herein, all payments hereunder (other than payments in respect of Competitive Loans) shall be made to the Administrative Agent in dollars in immediately available funds, without offset, deduction, counterclaim or withholding of any kind, at the Administrative Agent’s 's office specified in Schedule 10.1 2.1(a) not later than 4:00 P.M. on the date when due. Payments received after such time shall be deemed to have been received on the next succeeding Business Day. The Administrative Agent may (but shall not be obligated to) debit the amount of any such payment which is not made by such time to any ordinary deposit account of the Borrower maintained with the Administrative Agent (with notice to the Borrower). The Borrower shall, at the time it makes any payment under this Credit AgreementAgreement (other than payments in respect of Competitive Loans), specify to the Administrative Agent the Loans, Fees, interest or other amounts payable by the Borrower hereunder to which such payment is to be applied (and in the event that it fails so to specify, or if such application would be inconsistent with the terms hereof, the Administrative Agent shall distribute such payment to the Lenders in such manner as the Administrative Agent may determine to be appropriate in respect of obligations owing by the Borrower hereunder, subject to the terms of Section 3.12(a)). The Administrative Agent will distribute such payments to such Lenders, if any such payment is received prior to 12:00 Noon on a Business Day in like funds as received prior to the end of such Business Day and otherwise the Administrative Agent will distribute such payment to such Lenders on the next succeeding Business Day. All payments of principal and interest in respect of Competitive Loans shall be made in accordance with the terms of Section 2.2. Whenever any payment hereunder shall be stated to be due on a day which is not a Business Day, the due date thereof shall be extended to the next succeeding Business Day (subject to accrual of interest and Fees for the period of such extension), except that in the case of Eurodollar Loans, if the extension would cause the payment to be made in the next following calendar month, then such payment shall instead be made on the next preceding Business Day. Except as expressly provided otherwise herein, all computations of interest and fees shall be made on the basis of actual number of days elapsed over a year of 360 days, except with respect to computation of interest on Base Rate Loans which (unless the Base Rate is determined by reference to the Federal Funds Rate) shall be calculated based on a year of 365 or 366 days, as appropriate. Interest shall accrue from and include the date of borrowing, but exclude the date of payment.

Appears in 1 contract

Samples: Day Credit Agreement (Autozone Inc)

Payments, Computations, etc. (a) Except as otherwise specifically provided hereinherein or as set forth in the Services Agreement, all payments hereunder shall be made to the Administrative Agent in dollars in immediately available funds, without offset, deduction, counterclaim or withholding of any kind, at the Administrative Agent’s office specified in Schedule 10.1 Section 11.1 not later than 4:00 P.M. (Charlotte, North Carolina time) on the date when due. Payments received after such time shall be deemed to have been received on the next succeeding Business Day. The Administrative Agent may (but shall not be obligated to) debit the amount of any such payment which is not made by such time to any ordinary deposit account of the Borrower maintained with the Administrative Agent (with notice to the Borrower). The Borrower shall, at the time it makes any payment under this Credit Agreement, specify to the Administrative Agent the Loans, LOC Obligations, Fees, interest or other amounts payable by the Borrower hereunder to which such payment is to be applied (and in the event that it fails so to specify, or if such application would be inconsistent with the terms hereof, the Administrative Agent shall distribute such payment to the Lenders in such manner as the Administrative Agent may determine to be appropriate in respect of obligations owing by the Borrower hereunder, subject to the terms of Section 3.12(a3.13(a)). The Administrative Agent will distribute such payments to such Lenders, if any such payment is received prior to 12:00 Noon (Charlotte, North Carolina time) on a Business Day in like funds as received prior to the end of such Business Day and otherwise the Administrative Agent will distribute such payment to such Lenders on the next succeeding Business Day. Whenever any payment hereunder shall be stated to be due on a day which is not a Business Day, the due date thereof shall be extended to the next succeeding Business Day (subject to accrual of interest and Fees for the period of such extension), except that in the case of Eurodollar Loans, if the extension would cause the payment to be made in the next following calendar month, then such payment shall instead be made on the next preceding Business Day. Except as expressly provided otherwise herein, all computations of interest and fees shall be made on the basis of actual number of days elapsed over a year of 360 days, except with respect to computation of interest on Base Rate Loans which (unless the Base Rate is determined by reference to the Federal Funds Rate) shall be calculated based on a year of 365 or 366 days, as appropriate. Interest shall accrue from and include the date of borrowing, but exclude the date of payment.

Appears in 1 contract

Samples: Credit Agreement (Benihana Inc)

Payments, Computations, etc. (a) Except as Unless otherwise specifically expressly provided hereinin a Loan Document, all payments hereunder by the Borrowers pursuant to each Loan Document shall be made by the Borrowers to the Administrative Agent for the pro rata account of the Secured Parties entitled to receive such payment. All payments shall be made without setoff, deduction or counterclaim not later than 11:00 a.m. (which shall be London time in the case of Other Currency Loans) on the date due in same day or immediately available funds to such account as the Administrative Agent shall specify from time to time by notice to the U.S. Borrower, provided, however, that all payments in Other Currency shall be made to the Administrative Agent Other Currency Lender in dollars in immediately available funds, without offset, deduction, counterclaim or withholding of any kind, at the Administrative Agent’s office specified in Schedule 10.1 not later than 4:00 P.M. on the date when dueOther Currency Lenders designated account. Payments Funds received after such that time shall be deemed to have been received by the Administrative Agent on the next succeeding Business Day. The Administrative Agent may (but shall not be obligated to) debit the amount promptly remit in same day funds to each Secured Party its share, if any, of any such payment which is not made payments received by such time to any ordinary deposit account of the Borrower maintained with the Administrative Agent (with notice to for the Borrower). The Borrower shall, at the time it makes any payment under this Credit Agreement, specify to the Administrative Agent the Loans, Fees, interest or other amounts payable by the Borrower hereunder to which such payment is to be applied (and in the event that it fails so to specify, or if such application would be inconsistent with the terms hereof, the Administrative Agent shall distribute such payment to the Lenders in such manner as the Administrative Agent may determine to be appropriate in respect of obligations owing by the Borrower hereunder, subject to the terms of Section 3.12(a)). The Administrative Agent will distribute such payments to such Lenders, if any such payment is received prior to 12:00 Noon on a Business Day in like funds as received prior to the end account of such Business Day and otherwise the Administrative Agent will distribute such payment to such Lenders Secured Party. All interest (including interest on the next succeeding Business Day. Whenever any payment hereunder shall be stated to be due on a day which is not a Business Day, the due date thereof shall be extended to the next succeeding Business Day (subject to accrual of interest and Fees for the period of such extension), except that in the case of Eurodollar LIBO Rate Loans, if the extension would cause the payment to be made in the next following calendar month, then such payment shall instead be made on the next preceding Business Day. Except as expressly provided otherwise herein, all computations of interest ) and fees shall be made computed on the basis of the actual number of days elapsed (including the first day but excluding the last day) occurring during the period for which such interest or fee is payable over a year comprised of 360 days, except with respect to computation LIBO Rate Loans denominated in Sterling which shall accrue interest computed on the basis of interest on 365 days and except as set forth in clause (d) of the definition of the term "Associated Costs" and except with respect to Base Rate Loans which shall be calculated based accrue interest computed on the basis of a year comprised of 365 or 366 days, as appropriatethe case may be, provided, however, that to the extent the current market practice is to compute interest and/or fees in respect of any Other Currency or any Loan denominated in any Other Currency in a manner other than as set forth above, all interest and fees hereunder shall be computed on the basis of such market practice, as notified to the U.S. Borrower by the Administrative Agent. Payments due on other than a Business Day shall (except as otherwise required by clause (c) of the definition of the term "Interest Period") be made on the next succeeding Business Day and such extension of time shall accrue from be included in computing interest and include the date of borrowing, but exclude the date of fees in connection with that payment.

Appears in 1 contract

Samples: Credit Agreement (Chesapeake Corp /Va/)

Payments, Computations, etc. (a) Except as Unless otherwise specifically expressly provided herein, all payments hereunder amounts to be paid or deposited by the Borrower or the Servicer, on behalf of the Borrower, or which is deposited by the Collateral Custodian from the Collection Accounts shall be paid or deposited in accordance with the terms hereof no later than 10:00 a.m. (Charlotte, North Carolina time), or in the case of amounts to be deposited by the Collateral Custodian, 12:00 p.m. (noon) (Charlotte, North Carolina time) on the day when due in immediately available funds to the applicable Deal Agent’s Account. All amounts to be made available by any Lender, Lender Agent, or the Swingline Lender or the Alternative Currency Swingline Lender to the Deal Agent in connection with the making of any Advance, or Swingline Advance or Alternative Currency Swingline Advance, whether in Dollars or in an Alternative Currency, shall be sent to the Deal Agent on the date when due in immediately available funds to an account designated by the Deal Agent to each such Lender, Lender Agent, and the Swingline Lender and the Alternative Currency Swingline Lender, which amounts, if in an Alternative Currency, shall be made available to the Administrative Deal Agent in dollars in immediately available funds, without offset, deduction, counterclaim or withholding of any kind, at the Administrative Agent’s office specified in Schedule 10.1 not no later than 4:00 P.M. 12:00 p.m. (noon) (Charlotte, North Carolina time) on the date when due. Payments received after If, under any provisions of this Agreement, any Lender, Lender Agent, or the Swingline Lender or the Alternative Currency Swingline Lender is owed any amount in respect of Breakage Costs, each such time Lender shall be deemed to have been received on the next succeeding Business Day. The Administrative Agent may (but shall not be obligated to) debit the amount of any such payment which is not made by such time to any ordinary deposit account of the Borrower maintained with the Administrative Agent (with notice send a statement to the Borrower)Deal Agent listing each such amount. The Borrower shall, at the time it makes any payment under this Credit Agreement, specify to the Administrative Agent the Loansextent permitted by law, Fees, interest or other amounts payable by the Borrower hereunder to which such payment is to be applied (and in the event that it fails so to specify, or if such application would be inconsistent with the terms hereof, the Administrative Agent shall distribute such payment pay to the Lenders in such manner as Secured Parties interest on all amounts not paid or deposited when due hereunder at 2% per annum above the Administrative Agent may determine to be appropriate in respect of obligations owing by the Borrower hereunderBase Rate, subject to the terms of Section 3.12(a)). The Administrative Agent will distribute such payments to such Lenders, if any such payment is received prior to 12:00 Noon on a Business Day in like funds as received prior to the end of such Business Day and otherwise the Administrative Agent will distribute such payment to such Lenders on the next succeeding Business Day. Whenever any payment hereunder shall be stated to be due on a day which is not a Business Day, the due date thereof shall be extended to the next succeeding Business Day (subject to accrual of interest and Fees for the period of such extension), except that in the case of Eurodollar Loansany amounts not paid or deposited under any Hedging Agreement, if interest at the extension would cause the payment to be made “rate” specified in the next following calendar monthapplicable Hedging Agreement, then in each case, payable on demand; provided, however, that such payment interest rate shall instead be made on not at any time exceed the next preceding Business DayMaximum Lawful Rate. Except as expressly provided otherwise herein, all All computations of interest and all computations of the Interest Rate and other fees hereunder shall be made on the basis of actual number of days elapsed over a year of 360 days, except (other than calculations with respect to computation of interest on the Base Rate Loans and Advances and Alternative Currency Swingline Advances denominated in English Pounds Sterling which shall be calculated based on a year consisting of 365 or 366 days, as appropriate. Interest shall accrue from and include applicable) days for the date actual number of borrowing, days (including the first but exclude excluding the date of paymentlast day) elapsed.

Appears in 1 contract

Samples: Loan Funding and Servicing Agreement (American Capital, LTD)

Payments, Computations, etc. (a) Except as a Unless otherwise specifically expressly provided herein, all payments amounts to be paid or deposited by the Borrower or the Servicer on behalf of the Borrower hereunder shall be made to paid or deposited in accordance with the Administrative Agent terms hereof no later than 3:00 p.m. (New York City time) on the day when due in dollars lawful money of the United States in immediately available funds, without offset, deduction, counterclaim or withholding of any kind, at the Administrative Agent’s office specified in Schedule 10.1 not later than 4:00 P.M. on the date when due. Payments received after such time shall be deemed to have been received on the next succeeding Business Day. The Administrative Agent may (but shall not be obligated to) debit the amount of any such payment which is not made by such time to any ordinary deposit account of the Borrower maintained with the Administrative Agent (with notice to the Borrower). The Borrower shall, to the extent permitted by law and, in accordance with the Priority of Payments, pay to the Secured Parties interest on all amounts not paid or deposited when due hereunder (including payments that are deferred in accordance with the Priority of Payments by reason of insufficient Available Collections) at the time it makes any payment under this Credit Agreement, specify to the Administrative Agent the Loans, Fees, interest or other amounts payable by the Borrower hereunder to which such payment is to be applied (and rate per annum set forth in the event Lenders Fee Letter, payable on demand; provided, however, that it fails so to specify, or if such application would interest rate shall not at any time exceed the Maximum Lawful Rate. All computations of interest and all computations of the Interest Rate and other fees hereunder shall be inconsistent with the terms hereof, the Administrative Agent shall distribute such payment to the Lenders in such manner as the Administrative Agent may determine to be appropriate in respect of obligations owing by the Borrower hereunder, subject to the terms of Section 3.12(a)). The Administrative Agent will distribute such payments to such Lenders, if any such payment is received prior to 12:00 Noon on a Business Day in like funds as received prior to the end of such Business Day and otherwise the Administrative Agent will distribute such payment to such Lenders made on the next succeeding Business Daybasis of a year of 360 days for the actual number of days (including the first but excluding the last day) elapsed; provided that any computations of the Interest Rate using the Prime Rate shall be made on the basis of a year of 365 days (or, in the case of an accrual period which occurs in a leap year, 366 days) for the actual number of days (including the first but excluding the last day) elapsed. b Whenever any payment hereunder shall be stated to be due on a day which is not other than a Business Day, the due date thereof shall be extended to the next succeeding Business Day (subject to accrual of interest and Fees for the period of such extension), except that in the case of Eurodollar Loans, if the extension would cause the payment to be made in the next following calendar month, then such payment shall instead be made on the next preceding succeeding Business Day, and such extension of time shall be reflected in the computation of Interest, other interest or any fee payable hereunder, as the case may be; provided, however, that if the preceding extension results in a Payment Date in respect of any Accrual Period occurring later than otherwise scheduled, Interest in respect of the following Accrual Period shall not begin to accrue until the date to which such Payment Date is extended. Except as expressly provided otherwise herein, all computations of interest and fees c All payments hereunder shall be made in accordance with the Priority of Payments and without set-off or counterclaim and in such amounts as may be necessary in order that all such payments shall not be less than the amounts otherwise specified to be paid under this Agreement (after withholding for or on the basis account of actual number of days elapsed over a year of 360 days, except with respect to computation of interest on Base Rate Loans which shall be calculated based on a year of 365 or 366 days, as appropriate. Interest shall accrue from and include the date of borrowing, but exclude the date of paymentany Taxes).

Appears in 1 contract

Samples: Loan and Servicing Agreement (Prospect Capital Corp)

Payments, Computations, etc. (a) Except as otherwise specifically provided herein, all payments hereunder shall be made to the Administrative Agent in dollars in immediately available funds, without offset, deduction, counterclaim or withholding of any kind, at the Administrative Agent’s 's office specified in Schedule 10.1 2.1(a) not later than 4:00 P.M. on the date when due. Payments received after such time shall be deemed to have been received on the next succeeding Business Day. The Administrative Agent may (but shall not be obligated to) debit the amount of any such payment which is not made by such time to any ordinary deposit account of the Borrower maintained with the Administrative Agent (with notice to the Borrower). The Borrower shall, at the time it makes any payment under this Credit Agreement, specify to the Administrative Agent the Loans, Fees, interest or other amounts payable by the Borrower hereunder to which such payment is to be applied (and in the event that it fails so to specify, or if such application would be inconsistent with the terms hereof, the Administrative Agent shall distribute such payment to the Lenders in such manner as the Administrative Agent may determine to be appropriate in respect of obligations owing by the Borrower hereunder, subject to the terms of Section 3.12(a)). The Administrative Agent will distribute such payments to such Lenders, if any such payment is received prior to 12:00 Noon on a Business Day in like funds as received prior to the end of such Business Day and otherwise the Administrative Agent will distribute such payment to such Lenders on the next succeeding Business Day. Whenever any payment hereunder shall be stated to be due on a day which is not a Business Day, the due date thereof shall be extended to the next succeeding Business Day (subject to accrual of interest and Fees for the period of such extension), except that in the case of Eurodollar Loans, if the extension would cause the payment to be made in the next following calendar month, then such payment shall instead be made on the next preceding Business Day. Except as expressly provided otherwise herein, all computations of interest and fees shall be made on the basis of actual number of days elapsed over a year of 360 days, except with respect to computation of interest on Base Rate Loans which (unless the Base Rate is determined by reference to the Federal Funds Rate) shall be calculated based on a year of 365 or 366 days, as appropriate. Interest shall accrue from and include the date of borrowing, but exclude the date of payment.

Appears in 1 contract

Samples: Credit Agreement (Autozone Inc)

Payments, Computations, etc. (a) Except as Unless otherwise specifically expressly provided hereinin a Loan Document, all payments hereunder by the Borrowers pursuant to each Loan Document shall be made by the Borrowers to the Administrative Agent in dollars in immediately available fundsfor the pro rata account of the Secured Parties entitled to receive such payment. All payments shall be made without setoff, without offset, deduction, deduction or counterclaim or withholding of any kind, at the Administrative Agent’s office specified in Schedule 10.1 not later than 4:00 P.M. 11:00 a.m. (which shall be London time in the case of Other Currency Loans and Other Currency Swing Line Loans) on the date when duedue in same day or immediately available funds to such account as the Administrative Agent shall specify from time to time by notice to the U.S. Borrower. Payments Funds received after such that time shall be deemed to have been received by the Administrative Agent on the next succeeding Business Day. The Administrative Agent may (but shall not be obligated to) debit the amount promptly remit in same day funds to each Secured Party its share, if any, of any such payment which is not made payments received by such time to any ordinary deposit account of the Borrower maintained with the Administrative Agent (with notice to for the Borrower). The Borrower shall, at the time it makes any payment under this Credit Agreement, specify to the Administrative Agent the Loans, Fees, interest or other amounts payable by the Borrower hereunder to which such payment is to be applied (and in the event that it fails so to specify, or if such application would be inconsistent with the terms hereof, the Administrative Agent shall distribute such payment to the Lenders in such manner as the Administrative Agent may determine to be appropriate in respect of obligations owing by the Borrower hereunder, subject to the terms of Section 3.12(a)). The Administrative Agent will distribute such payments to such Lenders, if any such payment is received prior to 12:00 Noon on a Business Day in like funds as received prior to the end account of such Business Day and otherwise the Administrative Agent will distribute such payment to such Lenders Secured Party. All interest (including interest on the next succeeding Business Day. Whenever any payment hereunder shall be stated to be due on a day which is not a Business Day, the due date thereof shall be extended to the next succeeding Business Day (subject to accrual of interest and Fees for the period of such extension), except that in the case of Eurodollar LIBO Rate Loans, if the extension would cause the payment to be made in the next following calendar month, then such payment shall instead be made on the next preceding Business Day. Except as expressly provided otherwise herein, all computations of interest ) and fees shall be made computed on the basis of the actual number of days elapsed (including the first day but excluding the last day) occurring during the period for which such interest or fee is payable over a year comprised of 360 days, except with respect to computation LIBO Rate Loans denominated in Sterling which shall accrue interest computed on the basis of interest on 365 days and except with respect to Base Rate Loans which shall be calculated based accrue interest computed on the basis of a year comprised of 365 or 366 days, as appropriatethe case may be, provided, however, that to the extent the current market practice is to compute interest and/or fees in respect of any Other Currency or any Loan denominated in any Other Currency in a manner other than as set forth above, all interest and fees hereunder shall be computed on the basis of such market practice, as notified to the U.S. Borrower by the Administrative Agent. Payments due on other than a Business Day shall (except as otherwise required by clause (b) of the definition of the term “Interest Period”) be made on the next succeeding Business Day and such extension of time shall accrue from be included in computing interest and include the date of borrowing, but exclude the date of fees in connection with that payment.

Appears in 1 contract

Samples: Credit Agreement (Chesapeake Corp /Va/)

Payments, Computations, etc. (a) Except as otherwise specifically provided herein, all payments hereunder shall be made to the Administrative Agent in dollars Dollars and in immediately available funds, without offsetcondition or deduction for any counterclaim, deductiondefense, counterclaim recoupment or withholding of any kindsetoff, at the Administrative Agent’s office specified in Schedule 10.1 Section 11.1 not later than 4:00 2:00 P.M. (Charlotte, North Carolina time) on the date when due. Payments received after such time shall be deemed to have been received on the next succeeding Business Day. The Administrative Agent may (but shall not be obligated to) debit the amount of any such payment which is not made by such time to any ordinary deposit account of the Borrower maintained with the Administrative Agent (with notice to the Borrower). The Subject to Section 3.3(c), the Borrower shall, at the time it makes any payment under this Credit Agreement, specify to the Administrative Agent the Loans, LOC Obligations, Fees, interest or other amounts payable by the Borrower hereunder to which such payment is to be applied (and in the event that it the Borrower fails to so to specify, or if such application would be inconsistent with the terms hereof, the Administrative Agent shall distribute such payment to the Lenders in such manner as the Administrative Agent may determine to be appropriate in respect of obligations owing by the Borrower hereunder, subject to the terms of Section 3.12(a3.13(a)). The Administrative Agent will distribute such payments to such Lenders, if any such payment is received prior to 12:00 Noon 2:00 P.M. (Charlotte, North Carolina time) on a Business Day in like funds as received prior to the end of such Business Day and otherwise the Administrative Agent will distribute such payment to such Lenders entitled thereto on the next succeeding Business Day. Whenever any payment hereunder shall be stated to be due on a day which is not a Business Day, the due date thereof shall be extended to the next succeeding Business Day (subject to accrual of interest and Fees for the period of such extension), except that in the case of Eurodollar Loans, if the extension would cause the payment to be made in the next following calendar month, then such payment shall instead be made on the next preceding Business Day. Except as expressly provided otherwise herein, all computations of interest and fees shall be made on the basis of the actual number of days elapsed over a year of 360 days, except with respect to computation of interest on Base Rate Loans which (unless the Base Rate is determined by reference to the Federal Funds Rate) shall be calculated based on a year of 365 or 366 days, as appropriate. Interest shall accrue from and include the date of borrowing, but exclude the date of payment.

Appears in 1 contract

Samples: Credit Agreement (Advance America, Cash Advance Centers, Inc.)

Payments, Computations, etc. (a) Except as otherwise specifically provided herein, all payments hereunder shall be made to the Administrative Agent in dollars Dollars in immediately available funds, without offsetsetoff, deduction, counterclaim or withholding of any kind, at the Administrative Agent’s 's office specified in Schedule 10.1 Section 11.1 not later than 4:00 P.M. 12:00 Noon (Charlotte, North Carolina time) on the date when due. Payments received after such time shall be deemed to have been received on the next succeeding Business Day. The Administrative Agent may (but shall not be obligated to) debit the amount of any such payment which is not made by such time to any ordinary deposit account of the Borrower maintained with the Administrative Agent (with notice to the BorrowerBorrower PROVIDED that failure to give such notice to the Borrower shall not affect the validity of such debit). The Borrower shall, at the time it makes any payment under this Credit Agreement, specify to the Administrative Agent the Loans, LOC Obligations, Fees, interest or other amounts payable by the Borrower hereunder to which such payment is to be applied (and in the event that it fails so to specify, or if such application would be inconsistent with the terms hereof, the Administrative Agent shall distribute such payment to the Lenders in such manner as the Administrative Agent may determine to be appropriate in respect of obligations owing by the Borrower hereunder, subject to the terms of Section 3.12(a)). The Administrative Agent will distribute such payments to such Lenders, if any such payment is received prior to 12:00 Noon (Charlotte, North Carolina time) on a Business Day in like funds as received prior to the end of such Business Day and otherwise the Administrative Agent will distribute such payment to such Lenders on the next succeeding Business Day. Whenever any payment hereunder shall be stated to be due on a day which is not a Business Day, the due date thereof shall be extended to the next succeeding Business Day (subject to accrual of interest and Fees for the period of such extension), except that in the case of Eurodollar Loans, if the extension would cause the payment to be made in the next following calendar month, then such payment shall instead be made on the next preceding Business Day. Except as expressly provided otherwise herein, all computations of interest and fees shall be made on the basis of the actual number of days elapsed over a year of 360 days, except with respect to computation of interest on Base Rate Loans and Swingline Loans which (unless the Base Rate is determined by reference to the Federal Funds Rate) shall be calculated based on a year of 365 or 366 days, as appropriate. Interest shall accrue from and include the date of borrowing, but exclude the date of payment.

Appears in 1 contract

Samples: Credit Agreement (C&d Technologies Inc)

Payments, Computations, etc. (a) Except as otherwise specifically provided herein, all payments hereunder shall be made to the Administrative Agent in dollars Dollars and in immediately available funds, without offset, deduction, counterclaim or withholding of any kind, at the Administrative Agent’s 's office specified in Schedule 10.1 Section 11.1 not later than 4:00 2:00 P.M. (Charlotte, North Carolina time) on the date when due. Payments received after such time shall be deemed to have been received on the next succeeding Business Day. The Administrative Agent may (but shall not be obligated to) debit the amount of any such payment which is not made by such time to any ordinary deposit account of the Borrower maintained with the Administrative Agent (with notice to the Borrower). The Borrower shall, at the time it makes any payment under this Credit Agreement, specify to the Administrative Agent the Loans, Fees, interest or other amounts payable by the Borrower hereunder to which such payment is to be applied (and in the event that it fails so to specify, or if such application would be inconsistent with the terms hereof, the Administrative Agent shall distribute such payment to the Lenders in such manner as the Administrative Agent may determine to be appropriate in respect of obligations owing by the Borrower hereunder, subject to the terms of Section 3.12(a3.15(a)). The Administrative Agent will distribute such payments to such Lenders, if any such payment is received prior to 12:00 Noon (Charlotte, North Carolina time) on a Business Day in like funds as received prior to the end of such Business Day and otherwise the Administrative Agent will distribute such payment to such Lenders on the next succeeding Business Day. Whenever any payment hereunder shall be stated to be due on a day which is not a Business Day, the due date thereof shall be extended to the next succeeding Business Day (subject to accrual of interest and Fees for the period of such extension), except that in the case of Eurodollar LIBOR Loans, if the extension would cause the payment to be made in the next following calendar month, then such payment shall instead be made on the next preceding Business Day. Except as expressly provided otherwise herein, all computations of interest and fees shall be made on the basis of actual number of days elapsed over a year of 360 days, except with respect to computation of interest on Base Rate Loans which (unless the Base Rate is determined by reference to the Federal Funds Rate) shall be calculated based on a year of 365 or 366 days, as appropriate. Interest shall accrue from and include the date of borrowing, but exclude the date of payment.

Appears in 1 contract

Samples: Day Credit Agreement (Universal Corp /Va/)

Payments, Computations, etc. (a) Except as otherwise specifically provided herein, all payments hereunder shall be made to the Administrative Agent in dollars in immediately available funds, without offsetsetoff, deduction, counterclaim or withholding of any kind, at the Administrative Agent’s 's office specified in Schedule 10.1 2.1(a) not later than 4:00 2:00 P.M. --------------- (Charlotte, North Carolina time) on the date when due. Payments received after such time shall be deemed to have been received on the next succeeding Business Day. The Administrative Agent may (but shall not be obligated to) debit the amount of any such payment which is not made by such time to any ordinary deposit account of the Borrower or any other Credit Party maintained with the Administrative Agent (with notice to the BorrowerBorrower or such other Credit Party). The Borrower shall, at the time it makes any payment under this Credit Agreement, specify to the Administrative Agent the Loans, LOC Obligations, Fees, interest or other amounts payable by the Borrower hereunder to which such payment is to be applied (and in the event that it fails so to specify, or if such application would be inconsistent with the terms hereof, the Administrative Agent shall distribute such payment to the Lenders in such manner as the Administrative Agent may determine to be appropriate in respect of obligations owing by the Borrower hereunder, subject to the terms of Section 3.12(a3.13(a)). The Administrative Agent will distribute such payments to such Lenders, if any such payment is received prior to 12:00 Noon (Charlotte, North Carolina time) on a Business Day in like funds as received prior to the end of such Business Day and otherwise the Administrative Agent will distribute such payment to such Lenders on the next succeeding Business Day. Whenever any payment hereunder shall be stated to be due on a day which is not a Business Day, the due date thereof shall be extended to the next succeeding Business Day (subject to accrual of interest and Fees for the period of such extension), except that in the case of Eurodollar Loans, if the extension would cause the payment to be made in the next following calendar month, then such payment shall instead be made on the next preceding Business Day. Except as expressly provided otherwise herein, all computations of interest and fees shall be made on the basis of actual number of days elapsed over a year of 360 days, except with respect to computation of interest on Base Rate Loans which (unless the Base Rate is determined by reference to the Federal Funds Rate) shall be calculated based on a year of 365 or 366 days, as appropriate. Interest shall accrue from and include the date of borrowing, but exclude the date of payment.

Appears in 1 contract

Samples: Credit Agreement (National Equipment Services Inc)

Payments, Computations, etc. (a) Except as Unless otherwise specifically provided hereinexpressly --------------------------- provided, all payments hereunder by or on behalf of the Borrower pursuant to this Agreement, the Term Notes or any other Loan Document shall be made by the Borrower to the Administrative Agent for the pro rata account of the Lenders or --- ---- Agents, as applicable, entitled to receive such payment. All such payments required to be made to the Administrative Agent shall be made, without setoff, deduction or counterclaim, not later than 11:00 a.m. (New York time) on the date due, in dollars in same day or immediately available funds, without offset, deduction, counterclaim or withholding of any kind, at to such account as the Administrative Agent’s office specified in Schedule 10.1 not later than 4:00 P.M. on Agent shall specify from time to time by notice to the date when dueBorrower. Payments Funds received after such that time shall be deemed to have been received by the Administrative Agent on the next succeeding Business Day. The Administrative Agent shall promptly remit in same day funds to each Lender, Agent or Arranger, as the case may (but shall not be obligated to) debit the amount be, its share, if any, of any such payment which is not made payments received by such time to any ordinary deposit account of the Borrower maintained with the Administrative Agent for the account of such Lender, Agent or Arranger, as the case may be. All interest and fees shall be computed on the basis of the actual number of days (with notice to including the Borrower). The Borrower shallfirst day but excluding the last day) occurring during the period for which such interest or fee is payable over a year comprised of 360 days (or, in the case of interest on a Base Rate Loan that is not calculated at the time it makes any payment under this Credit AgreementFederal Funds Rate, specify to the Administrative Agent the Loans, Fees, interest or other amounts payable by the Borrower hereunder to which such payment is to be applied (and in the event that it fails so to specify, or if such application would be inconsistent with the terms hereof, the Administrative Agent shall distribute such payment to the Lenders in such manner as the Administrative Agent may determine to be appropriate in respect of obligations owing by the Borrower hereunder, subject to the terms of Section 3.12(a)). The Administrative Agent will distribute such payments to such Lenders365 days or, if any such payment is received prior to 12:00 Noon on a Business Day in like funds as received prior to the end of such Business Day and otherwise the Administrative Agent will distribute such payment to such Lenders on the next succeeding Business Dayappropriate, 366 days). Whenever any payment hereunder to be made shall be stated to otherwise be due on a day which is not a Business Day, such payment shall (except as otherwise required by clause ------ (i) of the due date thereof shall definition of the term "Interest Period" with respect to LIBO Rate --- --------------- Loans) be extended to made on the next succeeding Business Day (subject to accrual and such extension of time shall be included in computing interest and Fees for the period of such extension), except that in the case of Eurodollar Loansfees, if the extension would cause the payment to be made any, in the next following calendar month, then connection with such payment shall instead be made on the next preceding Business Day. Except as expressly provided otherwise herein, all computations of interest and fees shall be made on the basis of actual number of days elapsed over a year of 360 days, except with respect to computation of interest on Base Rate Loans which shall be calculated based on a year of 365 or 366 days, as appropriate. Interest shall accrue from and include the date of borrowing, but exclude the date of payment.

Appears in 1 contract

Samples: Term Loan Agreement (Jorgensen Earle M Co /De/)

Payments, Computations, etc. (a) Except as Unless otherwise specifically expressly provided herein, all payments amounts to be paid or deposited by the Borrower hereunder shall be made paid or deposited in accordance with the terms hereof no later than 3:00 p.m., New York City time, on the day when due in Dollars in immediately available funds to the Administrative Agent in dollars in immediately available fundsAgent's account, without offset, deduction, counterclaim or withholding of any kind, at for further payment by the Administrative Agent’s office specified in Schedule 10.1 not later Agent to the Persons to who such amounts are due and payable. (b) Whenever any payment hereunder (i) shall be stated to be due on a day other than 4:00 P.M. a Business Day, such payment shall be made on the date when due. Payments next succeeding Business Day, except in the case where the next succeeding Business Day would occur in the succeeding calendar month, in which case such payment shall be due on the preceding Business Day or (ii) is received after 3:00 p.m., New York City time, such time payment shall be deemed to have been received on the next succeeding Business Day, and any such extension of time shall in such case be included in the computation of payment of Interest, other interest or any fee payable hereunder, as the case may be. The (c) If any Loan requested by the Borrower and approved by a Lender and the Administrative Agent pursuant to Section 2.01 is not, for any reason other than due to the fault of an Agent, a Lender or the Administrative Agent, made or effectuated, as the case may be, on the date specified therefor, the Borrower shall indemnify such Lender against any reasonable loss, cost or expense incurred by such Lender, including any loss (but including loss of anticipated profits, net of anticipated profits in the reemployment of such funds in the manner determined by such Lender), cost or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by such Lender to fund or maintain such Loan. (d) All payments hereunder shall be made without set-off or counterclaim and in such amounts as may be necessary in order that all such payments shall not be obligated toless than the amounts otherwise specified to be paid under this Agreement. (e) debit To the amount of extent that (i) any such Person makes a payment which is not made by such time to any ordinary deposit account of the Borrower maintained with the Administrative Agent (with notice to the Borrower). The Borrower shall, at the time it makes any payment under this Credit Agreement, specify to the Administrative Agent the Loans, Fees, interest or other amounts payable by the Borrower hereunder to which such payment is to be applied (and in the event that it fails so to specify, or if such application would be inconsistent with the terms hereof, the Administrative Agent, the Servicer, the Backup Servicer, the Collateral Custodian or any Lender or Agent shall distribute or (ii) the Borrower, the Administrative Agent, the Servicer, the Backup Servicer, the Collateral Custodian or any Lender or Agent receives or is deemed to have received any payment or proceeds for application to an obligation, which payment or proceeds or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside or required to be repaid to a trustee, receiver or any other party under any Insolvency Law, State or federal law, common law or for equitable cause, then, to the extent such payment or proceeds are set aside, the obligation or part thereof intended to be satisfied shall be revived and continue in full force and effect, as if such payment or proceeds had not been received or deemed received by the Lenders in such manner Borrower, the Administrative Agent, the Servicer, the Backup Servicer, the Collateral Custodian or any Lender or Agent, as the Administrative Agent case may determine to be appropriate in respect of obligations owing by the Borrower hereunder, subject to the terms of be. Section 3.12(a)). The Administrative Agent will distribute such payments to such Lenders, if any such payment is received prior to 12:00 Noon on a Business Day in like funds as received prior to the end of such Business Day and otherwise the Administrative Agent will distribute such payment to such Lenders on the next succeeding Business Day. Whenever any payment hereunder shall be stated to be due on a day which is not a Business Day, the due date thereof shall be extended to the next succeeding Business Day (subject to accrual of interest and Fees for the period of such extension), except that in the case of Eurodollar Loans, if the extension would cause the payment to be made in the next following calendar month, then such payment shall instead be made on the next preceding Business Day. Except as expressly provided otherwise herein, all computations of interest and fees shall be made on the basis of actual number of days elapsed over a year of 360 days, except with respect to computation of interest on Base Rate Loans which shall be calculated based on a year of 365 or 366 days, as appropriate. Interest shall accrue from and include the date of borrowing, but exclude the date of payment2.08.

Appears in 1 contract

Samples: Loan Agreement (Lithia Motors Inc)

Payments, Computations, etc. (a) Except as otherwise specifically provided herein, all payments hereunder shall be made to the Administrative Agent in dollars in immediately available funds, without offset, deduction, counterclaim or withholding of any kind, at the Administrative Agent’s 's office specified in Schedule 10.1 Section 11.1 not later than 4:00 2:00 P.M. (Charlotte, North Carolina time) on the date when due. Payments received after such time shall be deemed to have been received on the next succeeding Business Day. The Administrative Agent may (but shall not be obligated to) debit the amount of any such payment which is not made by such time to any ordinary deposit account of the Borrower maintained with the Administrative Agent (with notice to the Borrower). The Borrower shall, at the time it makes any payment under this Credit Agreement, specify to the Administrative Agent the Loans, LOC Obligations, Fees, interest or other amounts payable by the Borrower hereunder to which such payment is to be applied (and in the event that it fails so to specify, or if such application would be inconsistent with the terms hereof, the Administrative Agent shall distribute such payment to the Lenders in such manner as the Administrative Agent may determine to be appropriate in respect of obligations owing by the Borrower hereunder, subject to the terms of Section 3.12(a3.11(a)). The Administrative Agent will distribute such payments to such Lenders, if any such payment is received prior to 12:00 Noon (Charlotte, North Carolina time) on a Business Day in like funds as received prior to the end of such Business Day and otherwise the Administrative Agent will distribute such payment to such Lenders on the next succeeding Business Day. Whenever any payment hereunder shall be stated to be due on a day which is not a Business Day, the due date thereof shall be extended to the next succeeding Business Day (subject to accrual of interest and Fees for the period of such extension), except that in the case of Eurodollar Loans, if the extension would cause the payment to be made in the next following calendar month, then such payment shall instead be made on the next preceding Business Day. Except as expressly provided otherwise herein, all computations of interest and fees shall be made on the basis of actual number of days elapsed over a year of 360 days, except with respect to computation of interest on Base Rate Loans which (unless the Base Rate is determined by reference to the Federal Funds Rate) shall be calculated based on a year of 365 or 366 days, as appropriate. Interest shall accrue from and include the date of borrowing, but exclude the date of payment.

Appears in 1 contract

Samples: Credit Agreement (Staff Leasing Inc)

Payments, Computations, etc. (a) Except as Unless otherwise specifically expressly provided herein, all payments hereunder amounts to be paid or deposited by the Borrower or the Servicer, on behalf of the Borrower, or which is deposited by the Collateral Custodian from the Collection Accounts shall be paid or deposited in accordance with the terms hereof no later than 10:00 a.m. (Charlotte, North Carolina time), or in the case of amounts to be deposited by the Collateral Custodian, 12:00 p.m. (noon) (Charlotte, North Carolina time) on the day when due in immediately available funds to the applicable Deal Agent’s Account. All amounts to be made available by any Lender, Lender Agent, the Swingline Lender or the Alternative Currency Swingline Lender to the Deal Agent in connection with the making of any Advance, Swingline Advance or Alternative Currency Swingline Advance, whether in Dollars or in an Alternative Currency, shall be sent to the Deal Agent on the date when due in immediately available funds to an account designated by the Deal Agent to each such Lender, Lender Agent, the Swingline Lender and the Alternative Currency Swingline Lender, which amounts, if in an Alternative Currency, shall be made available to the Administrative Deal Agent in dollars in immediately available funds, without offset, deduction, counterclaim or withholding of any kind, at the Administrative Agent’s office specified in Schedule 10.1 not no later than 4:00 P.M. 12:00 p.m. (noon) (Charlotte, North Carolina time) on the date when due. Payments received after If, under any provisions of this Agreement, any Lender, Lender Agent, the Swingline Lender or the Alternative Currency Swingline Lender is owed any amount in respect of Breakage Costs, each such time Lender shall be deemed to have been received on the next succeeding Business Day. The Administrative Agent may (but shall not be obligated to) debit the amount of any such payment which is not made by such time to any ordinary deposit account of the Borrower maintained with the Administrative Agent (with notice send a statement to the Borrower)Deal Agent listing each such amount. The Borrower shall, at the time it makes any payment under this Credit Agreement, specify to the Administrative Agent the Loansextent permitted by law, Fees, interest or other amounts payable by the Borrower hereunder to which such payment is to be applied (and in the event that it fails so to specify, or if such application would be inconsistent with the terms hereof, the Administrative Agent shall distribute such payment pay to the Lenders in such manner as Secured Parties interest on all amounts not paid or deposited when due hereunder at 2% per annum above the Administrative Agent may determine to be appropriate in respect of obligations owing by the Borrower hereunderBase Rate, subject to the terms of Section 3.12(a)). The Administrative Agent will distribute such payments to such Lenders, if any such payment is received prior to 12:00 Noon on a Business Day in like funds as received prior to the end of such Business Day and otherwise the Administrative Agent will distribute such payment to such Lenders on the next succeeding Business Day. Whenever any payment hereunder shall be stated to be due on a day which is not a Business Day, the due date thereof shall be extended to the next succeeding Business Day (subject to accrual of interest and Fees for the period of such extension), except that in the case of Eurodollar Loansany amounts not paid or deposited under any Hedging Agreement, if interest at the extension would cause the payment to be made “rate” specified in the next following calendar monthapplicable Hedging Agreement, then in each case, payable on demand; provided, however, that such payment interest rate shall instead be made on not at any time exceed the next preceding Business DayMaximum Lawful Rate. Except as expressly provided otherwise herein, all All computations of interest and all computations of the Interest Rate and other fees hereunder shall be made on the basis of actual number of days elapsed over a year of 360 days, except (other than calculations with respect to computation of interest on the Base Rate Loans and Advances and Alternative Currency Swingline Advances denominated in English Pounds Sterling which shall be calculated based on a year consisting of 365 or 366 days, as appropriate. Interest shall accrue from and include applicable) days for the date actual number of borrowing, days (including the first but exclude excluding the date of paymentlast day) elapsed.

Appears in 1 contract

Samples: Funding and Servicing Agreement (American Capital Strategies LTD)

Payments, Computations, etc. (a) Except as otherwise specifically provided herein, all payments hereunder shall be made to the Administrative Agent in dollars Dollars and in immediately available funds, without offsetsetoff, deduction, counterclaim or withholding of any kind, at the Administrative Agent’s 's office specified in Schedule 10.1 Section 11.1 not later than 4:00 2:00 P.M. (Charlotte, North Carolina time) on the date when due. Payments received after such time shall be deemed to have been received on the next succeeding Business Day. The Administrative Agent may (but shall not be obligated to) debit the amount of any such payment which is not made by such time to any ordinary deposit account of the Borrower maintained with the Administrative Agent (with notice to the Borrower). The Borrower shall, at the time it makes any payment under this Credit Agreement, specify to the Administrative Agent the Revolving Loans, Fees, interest or other amounts payable by the Borrower hereunder to which such payment is to be applied (and in the event that it fails so to specify, or if such application would be inconsistent with the terms hereof, the Administrative Agent shall distribute such payment to the Lenders in such manner as the Administrative Agent may determine to be appropriate in respect of obligations owing by the Borrower hereunder, subject to the terms of Section 3.12(a3.13(a)). The Administrative Agent will distribute such payments to such Lenders, if any such payment is received prior to 12:00 Noon (Charlotte, North Carolina time) on a Business Day in like funds as received prior to the end of such Business Day and otherwise the Administrative Agent will distribute such payment to such Lenders on the next succeeding Business Day. Whenever any payment hereunder shall be stated to be due on a day which is not a Business Day, the due date thereof shall be extended to the next succeeding Business Day (subject to accrual of interest and Fees for the period of such extension), except that in the case of Eurodollar Loans, if the extension would cause the payment to be made in the next following calendar month, then such payment shall instead be made on the next preceding Business Day. Except as expressly provided otherwise herein, all computations of interest and fees shall be made on the basis of actual number of days elapsed over a year of 360 days, except with respect to computation of interest on Base Rate Loans which (unless the Base Rate is determined by reference to the Federal Funds Rate) shall be calculated based on a year of 365 or 366 days, as appropriate. Interest shall accrue from and include the date of borrowing, but exclude the date of payment.

Appears in 1 contract

Samples: Credit Agreement (Lincare Holdings Inc)

Payments, Computations, etc. (a) Except as Unless otherwise specifically expressly provided herein, all payments amounts to be paid or deposited by the Borrower or the Collateral Manager hereunder shall be made to paid or deposited in accordance with the Administrative Agent terms hereof no later than 3:00 p.m. on the day when due in dollars lawful money of the United States in immediately available funds, without offset, deduction, counterclaim or withholding of funds and any kind, at the Administrative Agent’s office specified in Schedule 10.1 amount not later than 4:00 P.M. on the date when due. Payments received after before such time shall be deemed to have been received on the next succeeding Business Day. The Administrative Agent may (but Borrower or the Collateral Manager, as applicable, shall, to the extent permitted by law, pay to the Secured Parties interest on all amounts not paid or deposited when due hereunder at 5.25% per annum above the Prime Rate, payable on demand; provided that, such interest rate shall not at any time exceed the maximum rate permitted by Applicable Law. Such interest shall be obligated to) debit for the amount of any such payment which is not made by such time to any ordinary deposit account of the Borrower maintained applicable Secured Party. All computations of interest and other fees hereunder shall be made on the basis of a year consisting of 360 days (other than calculations with the Administrative Agent (with notice respect to the Borrower). The Borrower shallBase Rate and the Non-Usage Fee, at the time it makes any payment under this Credit Agreement, specify to the Administrative Agent the Loans, Fees, interest or other amounts payable by the Borrower hereunder to which such payment is to shall each be applied (and in the event that it fails so to specify, or if such application would be inconsistent with the terms hereof, the Administrative Agent shall distribute such payment to the Lenders in such manner as the Administrative Agent may determine to be appropriate in respect of obligations owing by the Borrower hereunder, subject to the terms of Section 3.12(a)). The Administrative Agent will distribute such payments to such Lenders, if any such payment is received prior to 12:00 Noon based on a Business Day in like funds year consisting of 365 or 366 days, as received prior to applicable) for the end actual number of such Business Day and otherwise the Administrative Agent will distribute such payment to such Lenders on the next succeeding Business Daydays elapsed. (b) Whenever any payment hereunder shall be stated to be due on a day which is not other than a Business Day, the due date thereof shall be extended to the next succeeding Business Day (subject to accrual of interest and Fees for the period of such extension), except that in the case of Eurodollar Loans, if the extension would cause the payment to be made in the next following calendar month, then such payment shall instead be made on the next preceding succeeding Business Day, and such extension of time shall in such case be included in the computation of the payment of Interest or any fee payable hereunder, as the case may be. Except For avoidance of doubt, to the extent that Available Funds are insufficient on any Payment Date to satisfy the full amount of any Increased Costs then due pursuant to Section 2.12, such unpaid amounts shall remain due and owing and shall accrue interest as expressly provided otherwise hereinin Section 2.10(a) until repaid in full. (c) If any Advance requested by the Borrower is not effectuated as a result of the Borrower’s actions or failure to fulfill any condition under Section 3.2, all computations of interest and fees shall be made as the case may be, on the basis date specified therefor, the Borrower shall indemnify the applicable Lender against any reasonable loss, cost or expense incurred by the applicable Lender, including, without limitation, any loss, cost or expense incurred by reason of actual number the liquidation or reemployment of days elapsed over a year of 360 days, except with respect deposits or other funds acquired by the applicable Lender to computation of interest on Base Rate Loans which shall be calculated based on a year of 365 fund or 366 days, as appropriate. Interest shall accrue from and include the date of borrowingmaintain such Advance, but exclude excluding the date of payment.Applicable Spread. USActive 37382726.2937382726.32

Appears in 1 contract

Samples: Loan and Security Agreement (New Mountain Finance Corp)

Payments, Computations, etc. (a) Except as otherwise specifically provided herein, all payments hereunder shall be made to the Administrative Agent in dollars in immediately available funds, without offset, deduction, counterclaim or withholding of any kind, at the Administrative Agent’s 's office specified in Schedule 10.1 SCHEDULE 2.1(a) not later than 4:00 2:00 P.M. (Charlotte, North Carolina time) on the date when due. Payments received after such time shall be deemed to have been received on the next succeeding Business Day. The Administrative Agent may (but shall not be obligated to) debit the amount of any such payment which is not made by such time to any ordinary deposit account of the Borrower maintained with the Administrative Agent (with notice to the Borrower). The Borrower shall, at the time it makes any payment under this Credit Agreement, specify to the Administrative Agent the Loans, LOC Obligations, Fees, interest or other amounts payable by the Borrower hereunder to which such payment is to be applied (and in the event that it fails so to specify, or if such application would be inconsistent with the terms hereof, the Administrative Agent shall distribute such payment to the Lenders in such manner as the Administrative Agent may determine to be appropriate in respect of obligations owing by the Borrower hereunder, subject to the terms of Section 3.12(a3.13(a)). The Administrative Agent will distribute such payments to such Lenders, if any such payment is received prior to 12:00 Noon (Charlotte, North Carolina time) on a Business Day in like funds as received prior to the end of such Business Day and otherwise the Administrative Agent will distribute such payment to such Lenders on the next succeeding Business Day. Whenever any payment hereunder shall be stated to be due on a day which is not a Business Day, the due date thereof shall be extended to the next succeeding Business Day (subject to accrual of interest and Fees for the period of such extension), except that in the case of Eurodollar Loans, if the extension would cause the payment to be made in the next following calendar month, then such payment shall instead be made on the next preceding Business Day. Except as expressly provided otherwise herein, all computations of interest and fees shall be made on the basis of actual number of days elapsed over a year of 360 days, except with respect to computation of interest on Base Rate Loans which (unless the Base Rate is determined by reference to the Federal Funds Rate) shall be calculated based on a year of 365 or 366 days, as appropriate. Interest shall accrue from and include the date of borrowing, but exclude the date of payment.

Appears in 1 contract

Samples: Credit Agreement (Insight Health Services Corp)

Payments, Computations, etc. (a) Except as Unless otherwise specifically expressly provided hereinin a Loan Document, all payments hereunder by the Borrowers pursuant to each Loan Document shall be made by the Borrowers to the Administrative Agent in dollars in immediately available funds, without offset, deduction, counterclaim or withholding for the pro rata account of any kind, at the Secured Parties entitled to receive such payment. All payments of principal of Synthetic Revolving Loans shall be made by the Cayman Borrower to the Administrative Agent’s office specified Agent for its account or, to the extent that the Administrative Agent has been reimbursed for such Synthetic Revolving Loans from proceeds in Schedule 10.1 the Synthetic Revolving Deposit Account, for deposit into the Synthetic Revolving Deposit Account for the benefit of the applicable Lenders in accordance with their Synthetic Revolving Deposit Percentages. All payments shall be made without setoff, deduction or counterclaim not later than 4:00 P.M. 11:00 a.m. on the date when duedue in same day or immediately available funds to such account as the Administrative Agent shall specify from time to time by notice to the Borrowers. Payments Funds received after such that time shall be deemed to have been received by the Administrative Agent on the next succeeding Business Day unless, at the Administrative Agent’s sole discretion, the Administrative Agent elects to treat such payment as having been received on the same Business Day. The Administrative Agent may (but shall not be obligated to) debit the amount promptly remit in same day funds to each Secured Party its share, if any, of any such payment which is not made payments received by such time to any ordinary deposit account of the Borrower maintained with the Administrative Agent for the account of such Secured Party. All interest (with notice to including interest on LIBO Rate Loans) and fees shall be computed on the Borrower). The Borrower shall, at basis of the time it makes any payment under this Credit Agreement, specify to actual number of days (including the Administrative Agent first day but excluding the Loans, Fees, last day) occurring during the period for which such interest or other amounts fee is payable by the Borrower hereunder to which such payment is to be applied over a year comprised of 360 days (and in the event that it fails so to specifyor, or if such application would be inconsistent with the terms hereof, the Administrative Agent shall distribute such payment to the Lenders in such manner as the Administrative Agent may determine to be appropriate in respect of obligations owing by the Borrower hereunder, subject to the terms of Section 3.12(a)). The Administrative Agent will distribute such payments to such Lenders, if any such payment is received prior to 12:00 Noon on a Business Day in like funds as received prior to the end of such Business Day and otherwise the Administrative Agent will distribute such payment to such Lenders on the next succeeding Business Day. Whenever any payment hereunder shall be stated to be due on a day which is not a Business Day, the due date thereof shall be extended to the next succeeding Business Day (subject to accrual of interest and Fees for the period of such extension), except that in the case of Eurodollar Loansinterest on a Base Rate Loan (calculated at other than the Federal Funds Rate), 365 days or, if the extension would cause the payment to be made in the next following calendar monthappropriate, then such payment 366 days). Except as otherwise provided herein. payments due on other than a Business Day shall instead be made on the next preceding Business DayDay and such extension of time shall be included in computing interest and fees in connection with that payment. Except as otherwise expressly provided otherwise hereinset forth therein, any payment made under any Loan Document that is less than the full amount then due thereunder shall be applied upon receipt (a) first, to the payment of all computations Obligations (other than Loans and interest thereon) owing to the Administrative Agent and the Collateral Agent, in its capacity as the Administrative Agent and the Collateral Agent, respectively (including the reasonable and documented fees and expenses of counsel to the Administrative Agent or the Collateral Agent, as the case may be), (b) second, after payment in full in cash of the amounts specified in clause (a), to the ratable payment of all interest and fees shall be made on the basis of actual number of days elapsed over a year of 360 days, except owing with respect to computation the Loans and all costs and expenses owing to the Secured Parties pursuant to the terms of interest on Base Rate the Credit Agreement, until paid in full in cash, (c) third, after payment in full in cash of the amounts specified in clauses (a) and (b), to the ratable payment of the principal amount of the Loans then outstanding, and, if such payment resulted from the proceeds of any collateral, then to amounts owing to Secured Parties under Hedging Agreements, (d) fourth, after payment in full in cash of the amounts specified in clauses (a) through (c), to the ratable payment of all other Obligations owing to the Secured Parties, (e) fifth, after payment in full in cash of the amounts specified in clauses (a) through (d), and following the Termination Date, to the Borrowers or any other Person lawfully entitled to receive such surplus. For purposes of this Section, the “credit exposure” at any time of any Secured Party with respect to a Hedging Agreement to which such Secured Party is a party shall be calculated based on a year determined at such time in accordance with the customary methods of 365 or 366 dayscalculating credit exposure under similar arrangements by the counterparty to such arrangements, as appropriate. Interest shall accrue from taking into account potential interest rate movements, currency movements and include the date respective termination provisions and notional principal amount, netting arrangements and term of borrowing, but exclude the date of paymentsuch Hedging Agreement.

Appears in 1 contract

Samples: Credit Agreement (Aei)

Payments, Computations, etc. (a) Except as otherwise specifically provided herein, all payments hereunder shall be made to the Administrative Agent in dollars in immediately available funds, without offsetsetoff, deduction, counterclaim or withholding of any kind, at the Administrative Agent’s 's office specified in Schedule 10.1 2.1(a) not later than 4:00 P.M. 12:00 Noon (Charlotte, North Carolina time) on the date when due. Payments received after such time shall be deemed to have been received on the next succeeding Business Day. The Administrative Agent may (but shall not be obligated to) debit the amount of any such payment which is not made by such time to any ordinary deposit account of any of the Borrower Borrowers maintained with the Administrative Agent (with notice to the Principal Borrower). The Borrower Borrowers (or any one of them) shall, at the time it makes any payment under this Credit Agreement, specify to the Administrative Agent the Loans, LOC Obligations, Fees, interest or other amounts payable by the Borrower Borrowers hereunder to which such payment is to be applied (and in the event that it fails so to specify, or if such application would be inconsistent with the terms hereof, the Administrative Agent shall distribute such payment to the Lenders in such manner as the Administrative Agent may determine to be appropriate in respect of obligations owing by the Borrower Borrowers hereunder, subject to the terms of Section 3.12(a3.13(a)). The Administrative Agent will distribute such payments to such Lenders, if any such payment is received prior to 12:00 Noon (Charlotte, North Carolina time) on a Business Day in like funds as received prior to the end of such Business Day and otherwise the Administrative Agent will distribute such payment to such Lenders on the next succeeding Business Day. Whenever any payment hereunder shall be stated to be due on a day which is not a Business Day, the due date thereof shall be extended to the next succeeding Business Day (subject to accrual of interest and Fees for the period of such extension), except that in the case of Eurodollar Loans, if the extension would cause the payment to be made in the next following calendar month, then such payment shall instead be made on the next preceding Business Day. Except as expressly provided otherwise herein, all computations of interest and fees shall be made on the basis of actual number of days elapsed over a year of 360 days, except with respect to computation of interest on Base Rate Loans which (unless the Base Rate is determined by reference to the Federal Funds Rate) shall be calculated based on a year of 365 or 366 days, as appropriate. Interest shall accrue from and include the date of borrowing, but exclude the date of payment.

Appears in 1 contract

Samples: Credit Agreement (Highwoods Properties Inc)

Payments, Computations, etc. (a) Except as Unless otherwise specifically expressly provided herein, all payments hereunder shall amounts to be made paid or deposited by the Borrower or the Collateral Manager to the Administrative Agent or the other Secured Parties hereunder shall be paid or deposited in dollars accordance with the terms hereof no later than 1:00 p.m. (New York City Time) on the day when due in lawful money of the United States in immediately available funds, without offset, deduction, counterclaim or withholding of funds and any kind, at the Administrative Agent’s office specified in Schedule 10.1 amount not later than 4:00 P.M. on the date when due. Payments received after before such time shall be deemed to have been received on the next succeeding Business Day. The Administrative Agent may (but Borrower or the Collateral Manager, as applicable, shall, to the extent permitted by law, pay to the Secured Parties interest on all amounts not paid or deposited when due hereunder at the Interest Rate applicable during an Event of Default to the extent required under the definition of “Applicable Spread” hereunder, payable on demand; provided that such interest rate shall not at any time exceed the maximum rate permitted by Applicable Law. Such interest shall be obligated to) debit for the amount of any such payment which is not made by such time to any ordinary deposit account of the Borrower maintained with the Administrative Agent (with notice to the Borrower)applicable Secured Party. The Borrower shall, at the time it makes any payment under this Credit Agreement, specify to the Administrative Agent the Loans, Fees, interest or other amounts payable by the Borrower hereunder to which such payment is to be applied (and in the event that it fails so to specify, or if such application would be inconsistent with the terms hereof, the Administrative Agent shall distribute such payment to the Lenders in such manner as the Administrative Agent may determine to be appropriate in respect of obligations owing by the Borrower hereunder, subject to the terms of Section 3.12(a)). The Administrative Agent will distribute such payments to such Lenders, if any such payment is received prior to 12:00 Noon on a Business Day in like funds as received prior to the end of such Business Day and otherwise the Administrative Agent will distribute such payment to such Lenders on the next succeeding Business Day. Whenever any payment hereunder shall be stated to be due on a day which is not a Business Day, the due date thereof shall be extended to the next succeeding Business Day (subject to accrual of interest and Fees for the period of such extension), except that in the case of Eurodollar Loans, if the extension would cause the payment to be made in the next following calendar month, then such payment shall instead be made on the next preceding Business Day. Except as expressly provided otherwise herein, all All USActive 58384645.1158384645.12 computations of interest and other fees hereunder shall be made on the basis of actual number of days elapsed over a year of 360 daysconsisting amounts paid, except by the Borrower under this Section 2.13 with respect to computation the Taxes giving rise to such refund), net of all out-of-pocket expenses (including Taxes) of such indemnified party and without interest on Base Rate Loans (other than any interest paid by the relevant Governmental Authority with respect to such refund). Such indemnifying party, upon the request of such indemnified party, shall repay to such indemnified party the amount paid over pursuant to this Section 2.13(h) (plus any penalties, interest or other charges imposed by the relevant Governmental Authority) in the event that such indemnified party is required to repay such refund to such Governmental Authority. Notwithstanding anything to the contrary in this Section 2.13(h), in no event will the indemnified party be required to pay any amount to an indemnifying party pursuant to this Section 2.13(h) the payment of which would place the indemnified party in a less favorable net after-Tax position than the indemnified party would have been in if the Tax subject to indemnification and giving rise to such refund had not been deducted, withheld or otherwise imposed and the indemnification payments or additional amounts with respect to such Tax had never been paid. This Section 2.13(h) shall not be calculated based on a year of 365 construed to require any indemnified party to make available its Tax returns (or 366 days, as appropriate. Interest shall accrue from and include any other information relating to its Taxes that it deems confidential) to the date of borrowing, but exclude the date of paymentindemnifying party or any other Person.

Appears in 1 contract

Samples: Security and Collateral Management Agreement (Phillip Street Middle Market Lending Fund LLC)

Payments, Computations, etc. (a) Except as otherwise specifically provided herein, all payments hereunder shall be made to the Administrative Agent in dollars in immediately available funds, without offset, deduction, counterclaim or withholding of any kind, at the Administrative Agent’s 's office specified in Schedule 10.1 Section 11.1 not later than 4:00 12:30 P.M. (San Francisco time) on the date when due. Payments received after such time shall be deemed to have been received on the next succeeding Business Day. The Administrative Agent may (but shall not be obligated to) debit the amount of any such payment which is not made by such time to any ordinary deposit account of any of the Borrower Borrowers maintained with the Administrative Agent (with notice to the BorrowerBorrowers). The Borrower Borrowers (or any of them) shall, at the time it makes any a payment is made under this Credit Agreement, specify to the Administrative Agent the Loans, LOC Obligations, Fees, interest or other amounts payable by the Borrower Borrowers hereunder to which such payment is to be applied (and in the event that it fails so to specify, or if such application would be inconsistent with the terms hereof, the Administrative Agent shall distribute such payment to the Lenders in such manner as the Administrative Agent may determine to be appropriate in respect of obligations owing by the Borrower Borrowers hereunder, subject to the terms of Section 3.12(a)). The Administrative Agent will distribute such payments to such Lenders, if any such payment is received prior to 12:00 Noon on or before 12:30 P.M. (San Francisco time) on a Business Day in like funds as received prior to the end of such Business Day and otherwise the Administrative Agent will distribute such payment to such Lenders on the next succeeding Business Day. Whenever any payment hereunder shall be stated to be due on a day which is not a Business Day, the due date thereof shall be extended to the next succeeding Business Day (subject to accrual of interest and Fees for the period of such extension), except that in the case of Eurodollar Loans, if the extension would cause the payment to be made in the next following calendar month, then such payment shall instead be made on the next preceding Business Day. Except as expressly provided otherwise herein, all computations of interest and fees shall be made on the basis of actual number of days elapsed over a year of 360 days, except with respect to computation of interest on Base Rate Loans which shall be calculated based on a year of 365 or 366 days, as appropriate. Interest shall accrue from and include the date of borrowing, but exclude the date of payment.Eurodollar

Appears in 1 contract

Samples: Credit Agreement (Nova Corp \Ga\)

Payments, Computations, etc. (a) Except as Unless otherwise specifically provided hereinexpressly --------------------------- provided, all payments hereunder by or on behalf of the Borrower pursuant to this Agreement, the Notes or any other Loan Document shall be made by the Borrower to the Administrative Agent for the pro rata account of the Lenders entitled to --- ---- receive such payment. All such payments required to be made to the Administrative Agent shall be made, without setoff, deduction or counterclaim, not later than 11:00 a.m., New York time, on the date due, in dollars in same day or immediately available funds, without offset, deduction, counterclaim or withholding of any kind, at to such account as the Administrative Agent’s office specified in Schedule 10.1 not later than 4:00 P.M. on Agent shall specify from time to time by notice to the date when dueBorrower. Payments Funds received after such that time shall be deemed to have been received by the Administrative Agent on the next succeeding Business Day. The Administrative Agent may (but shall not be obligated to) debit the amount promptly remit in same day funds to each Lender its share, if any, of any such payment which is not made payments received by such time to any ordinary deposit account of the Borrower maintained with the Administrative Agent (with notice for the account of such Lender, and to the Borrower). The Borrower shall, at the time it makes any payment under this Credit Agreement, specify extent of such payments made to the Administrative Agent Agent, the Loans, Fees, Borrower shall have no further obligation to such Lender with respect thereto. All interest and fees shall be computed on the basis of the actual number of days (including the first day but excluding the last day) occurring during the period for which such interest or other amounts fee is payable by the Borrower hereunder to which such payment is to be applied over a year comprised of 360 days (and or, in the event that it fails so to specifycase of interest on a Base Rate Loan, or if such application would be inconsistent with the terms hereof, the Administrative Agent shall distribute such payment to the Lenders in such manner as the Administrative Agent may determine to be appropriate in respect of obligations owing by the Borrower hereunder, subject to the terms of Section 3.12(a)). The Administrative Agent will distribute such payments to such Lenders365 days or, if any such payment is received prior to 12:00 Noon on a Business Day in like funds as received prior to the end of such Business Day and otherwise the Administrative Agent will distribute such payment to such Lenders on the next succeeding Business Dayappropriate, 366 days). Whenever any payment hereunder to be made shall be stated to otherwise be due on a day which is not a Business Day, such payment shall (except as otherwise required by clause (c) of the due date thereof shall definition of ---------- the term "Interest Period") be extended to made on the next succeeding Business Day (subject to accrual and such --------------- extension of time shall be included in computing interest and Fees for the period of such extension), except that in the case of Eurodollar Loansfees, if the extension would cause the payment to be made any, in the next following calendar month, then connection with such payment shall instead be made on the next preceding Business Day. Except as expressly provided otherwise herein, all computations of interest and fees shall be made on the basis of actual number of days elapsed over a year of 360 days, except with respect to computation of interest on Base Rate Loans which shall be calculated based on a year of 365 or 366 days, as appropriate. Interest shall accrue from and include the date of borrowing, but exclude the date of payment.

Appears in 1 contract

Samples: Credit Agreement (Roberts Pharmaceutical Corp)

Payments, Computations, etc. All payments by the Borrower pursuant to this Agreement or any other Loan Document, whether in respect of principal amount, interest or otherwise, shall (aexcept with respect to any repayment or prepayment of any Obligation denominated in another currency) Except as otherwise specifically provided herein, all be paid in Dollars. All such payments hereunder made in Dollars shall be made by the Borrower to the Administrative Agent in dollars for the account of each Lender Party entitled thereto, by delivery of Dollars in immediately available fundsfunds to an account of the Agent at the Agent's Dollar Lending Office, which account shall be designated from time to time by notice to the Borrower from the Agent, for the account of each Lender Party entitled thereto (and, if such payment shall be of less than the due amount of the relevant payment Obligation then due and owing, for the PRO RATA benefit of each Lender Party entitled to share in such payment in accordance with its respective portion of the aggregate unpaid amount of similar payment Obligations). All such payments denominated in Dollars shall be made, without offsetsetoff, deduction, counterclaim or withholding of any kindcounterclaim, at the Administrative Agent’s office specified in Schedule 10.1 not later than 4:00 P.M. 11:00 a.m., New York City time, on the date when due. Payments All such payments denominated in any currency other than Dollars shall be payable to such account, and by such time, as the Agent shall specify from time to time. Any payments received hereunder after such the time and date specified in this Clause shall be deemed to have been received by the Agent on the next succeeding following Business Day. The Administrative Agent may shall promptly remit to each Lender Party its share (but calculated as aforesaid), if any, of such payments, in kind. Such remittance shall not be obligated to) debit to an account designated by such Lender Party to the amount Agent by notice from time to time and maintained at, in the case of a Lender, such Lender's Dollar Lending Office, or, in the case of any other Lender Party, such payment which is not made location as such Lender Party shall designate to the Agent by such notice from time to any ordinary deposit account time. All interest and fees shall be computed on the basis of the Borrower maintained with actual number of days (including the Administrative Agent first day but excluding the last day) occurring during the period for which such interest or fee is payable over a year comprised of 360 days. Subject to clauses (with notice to d) and (f) of the Borrower). The Borrower shalldefinition of "INTEREST PERIOD", at the time it makes whenever any payment under this Credit Agreement, specify to the Administrative Agent the Loans, Fees, interest or other amounts payable by the Borrower hereunder to which such payment is to be applied (and in the event that it fails so to specify, or if such application would be inconsistent with the terms hereof, the Administrative Agent made shall distribute such payment to the Lenders in such manner as the Administrative Agent may determine to be appropriate in respect of obligations owing by the Borrower hereunder, subject to the terms of Section 3.12(a)). The Administrative Agent will distribute such payments to such Lenders, if any such payment is received prior to 12:00 Noon on a Business Day in like funds as received prior to the end of such Business Day and otherwise the Administrative Agent will distribute such payment to such Lenders on the next succeeding Business Day. Whenever any payment hereunder shall be stated to be due on a day which is not a Business Day, the due date thereof such payment shall be extended to made on the next succeeding Business Day (subject to accrual and such extension of time shall be included in computing interest and Fees for the period of such extension), except that in the case of Eurodollar Loansor fees, if the extension would cause the payment to be made any, in the next following calendar month, then connection with such payment shall instead be made on the next preceding Business Day. Except as expressly provided otherwise herein, all computations of interest and fees shall be made on the basis of actual number of days elapsed over a year of 360 days, except with respect to computation of interest on Base Rate Loans which shall be calculated based on a year of 365 or 366 days, as appropriate. Interest shall accrue from and include the date of borrowing, but exclude the date of payment.

Appears in 1 contract

Samples: Loan Agreement (Randgold Resources LTD)

Payments, Computations, etc. (a) Except as otherwise specifically provided herein, all payments hereunder shall be made to the Administrative Agent in dollars Dollars in immediately available funds, without offsetsetoff, deduction, counterclaim or withholding of any kind, at the Administrative Agent’s 's office specified in Schedule 10.1 Section 9.1 not later than 4:00 2:00 P.M. (Charlotte, North Carolina time) on the date when due. Payments received after such time shall be deemed to have been received on the next succeeding Business Day. The Administrative Agent may (but shall not be obligated to) debit the amount of any such payment which is not made by such time to any ordinary deposit account of the Borrower maintained with the Administrative Agent (with notice to the Borrower). The Borrower shall, at the time it makes any payment under this Credit Agreement, specify to the Administrative Agent the Loans, Fees, interest or other amounts payable by the Borrower hereunder to which such payment is to be applied (and in the event that it fails so to specify, or if such application would be inconsistent with the terms hereof, the Administrative Agent shall distribute such payment to the Lenders in such manner as the Administrative Agent may determine to be appropriate in respect of obligations owing by the Borrower hereunder, subject to the terms of Section 3.12(a)). The Administrative Agent will distribute such payments to such Lenders, if any such payment is received prior to 12:00 Noon (Charlotte, North Carolina time) on a Business Day in like funds as received prior to the end of such Business Day and otherwise the Administrative Agent will distribute such payment to such Lenders on the next succeeding Business Day. Whenever any payment hereunder shall be stated to be due on a day which is not a Business Day, the due date thereof shall be extended to the next succeeding Business Day (subject to accrual of interest and Fees for the period of such extension), except that in the case of Eurodollar Loans, if the extension would cause the payment to be made in the next following calendar month, then such payment shall instead be made on the next preceding Business Day. Except as expressly provided otherwise herein, all computations of interest and fees shall be made on the basis of actual number of days elapsed over a year of 360 days, except with respect to computation of interest on Base Rate Loans which (unless the Base Rate is determined by reference to the Federal Funds Rate) shall be calculated based on a year of 365 or 366 days, as appropriate. Interest shall accrue from and include the date of borrowing, but exclude the date of payment.

Appears in 1 contract

Samples: Bridge Credit Agreement (Navigant International Inc)

Payments, Computations, etc. (a) Except as Unless otherwise specifically expressly provided herein, all payments hereunder amounts to be paid or deposited by the Borrower or the Servicer, on behalf of the Borrower, or which is deposited by the Collateral Custodian from the Collection Accounts shall be paid or deposited in accordance with the terms hereof no later than 10:00 a.m., or in the case of amounts to be deposited by the Collateral Custodian, 12:00 p.m. (noon) (Charlotte, North Carolina time) on the day when due in immediately available funds to the applicable Deal Agent’s Account. All amounts to be made available by any Lender, Lender Agent or the Swingline Lender to the Deal Agent in connection with the making of any Advance or Swingline Advance, whether in Dollars or in an Alternative Currency, shall be sent to the Deal Agent on the date when due in immediately available funds to an account designated by the Deal Agent to each such Lender, Lender Agent and the Swingline Lender, which amounts, if in an Alternative Currency, shall be made available to the Administrative Deal Agent in dollars in immediately available funds, without offset, deduction, counterclaim or withholding of any kind, at the Administrative Agent’s office specified in Schedule 10.1 not no later than 4:00 P.M. 12:00 p.m. (noon) (Charlotte, North Carolina time) on the date when due. Payments received after If, under any provisions of this Agreement, any Lender, Lender Agent or the Swingline Lender is owed any amount in respect of Breakage Costs, each such time Lender shall be deemed to have been received on the next succeeding Business Day. The Administrative Agent may (but shall not be obligated to) debit the amount of any such payment which is not made by such time to any ordinary deposit account of the Borrower maintained with the Administrative Agent (with notice send a statement to the Borrower)Deal Agent listing each such amount. The Borrower shall, at the time it makes any payment under this Credit Agreement, specify to the Administrative Agent the Loansextent permitted by law, Fees, interest or other amounts payable by the Borrower hereunder to which such payment is to be applied (and in the event that it fails so to specify, or if such application would be inconsistent with the terms hereof, the Administrative Agent shall distribute such payment pay to the Lenders in such manner as Secured Parties interest on all amounts not paid or deposited when due hereunder at 2% per annum above the Administrative Agent may determine to be appropriate in respect of obligations owing by the Borrower hereunderBase Rate, subject to the terms of Section 3.12(a)). The Administrative Agent will distribute such payments to such Lenders, if any such payment is received prior to 12:00 Noon on a Business Day in like funds as received prior to the end of such Business Day and otherwise the Administrative Agent will distribute such payment to such Lenders on the next succeeding Business Day. Whenever any payment hereunder shall be stated to be due on a day which is not a Business Day, the due date thereof shall be extended to the next succeeding Business Day (subject to accrual of interest and Fees for the period of such extension), except that in the case of Eurodollar Loansany amounts not paid or deposited under any Hedging Agreement, if interest at the extension would cause the payment to be made “rate” specified in the next following calendar monthapplicable Hedging Agreement, then in each case, payable on demand; provided, however, that such payment interest rate shall instead be made on not at any time exceed the next preceding Business DayMaximum Lawful Rate. Except as expressly provided otherwise herein, all All computations of interest and all computations of the Interest Rate and other fees hereunder shall be made on the basis of actual number of days elapsed over a year of 360 days, except (other than calculations with respect to computation of interest on the Base Rate Loans and Advances denominated in English Pounds Sterling which shall be calculated based on a year consisting of 365 or 366 days, as appropriate. Interest shall accrue from and include applicable) days for the date actual number of borrowing, days (including the first but exclude excluding the date of paymentlast day) elapsed.

Appears in 1 contract

Samples: Loan Funding and Servicing Agreement (American Capital Strategies LTD)

Payments, Computations, etc. (a) Except as otherwise specifically provided herein, all payments hereunder shall be made to the Administrative Agent in dollars in immediately available funds, without offsetsetoff, deduction, counterclaim or withholding of any kind, at the Administrative Agent’s 's office specified in Schedule 10.1 SCHEDULE 2.1(a) not later than 4:00 2:00 P.M. (Charlotte, North Carolina time) on the date when due. Payments received after such time shall be deemed to have been received on the next succeeding Business Day. The Administrative Agent may (but shall not be obligated to) debit the amount of any such payment which is not made by such time to any ordinary deposit account of the Borrower or any other Credit Party maintained with the Administrative Agent (with notice to the BorrowerBorrower or such other Credit Party). The Borrower shall, at the time it makes any payment under this Credit Agreement, specify to the Administrative Agent the Loans, LOC Obligations, Fees, interest or other amounts payable by the Borrower hereunder to which such payment is to be applied (and in the event that it fails so to specify, or if such application would be inconsistent with the terms hereof, the Administrative Agent shall distribute such payment to the Lenders in such manner as the Administrative Agent may determine to be appropriate in respect of obligations owing by the Borrower hereunder, subject to the terms of Section 3.12(a3.13(a)). The Administrative Agent will distribute such payments to such Lenders, if any such payment is received prior to 12:00 Noon (Charlotte, North Carolina time) on a Business Day in like funds as received prior to the end of such Business Day and otherwise the Administrative Agent will distribute such payment to such Lenders on the next succeeding Business Day. Whenever any payment hereunder shall be stated to be due on a day which is not a Business Day, the due date thereof shall be extended to the next succeeding Business Day (subject to accrual of interest and Fees for the period of such extension), except that in the case of Eurodollar Loans, if the extension would cause the payment to be made in the next following calendar month, then such payment shall instead be made on the next preceding Business Day. Except as expressly provided otherwise herein, all computations of interest and fees shall be made on the basis of actual number of days elapsed over a year of 360 days, except with respect to computation of interest on Base Rate Loans which (unless the Base Rate is determined by reference to the Federal Funds Rate) shall be calculated based on a year of 365 or 366 days, as appropriate. Interest shall accrue from and include the date of borrowing, but exclude the date of payment.

Appears in 1 contract

Samples: Credit Agreement (National Equipment Services Inc)

Payments, Computations, etc. (a) Except as otherwise specifically provided herein, all payments hereunder shall be made to the Administrative Agent in dollars Dollars in immediately available funds, without offset, deduction, counterclaim or withholding of any kind, at the Administrative Agent’s 's office specified in Schedule 10.1 Section 11.1 not later than 4:00 2:00 P.M. (Charlotte, North Carolina time) on the date when due. Payments received after such time shall be deemed to have been received on the next succeeding Business Day. The Administrative Agent may (but shall not be obligated to) debit the amount of any such payment which is not made by such time to any ordinary deposit account of the Borrower maintained with the Administrative Agent (with notice to the Borrower). The Borrower shall, at the time it makes any payment under this Credit Agreement, specify to the Administrative Agent the Loans, LOC Obligations, Fees, interest or other amounts payable by the Borrower hereunder to which such payment is to be applied (and in the event that it fails so to specify, or if such application would be inconsistent with the terms hereof, the Administrative Agent shall distribute such payment to the Lenders in such manner as the Administrative Agent may determine to be appropriate in respect of obligations owing by the Borrower hereunder, subject to the terms of Section 3.12(a)). The Administrative Agent will distribute such payments to such Lenders, if any such payment is received prior to 12:00 Noon (Charlotte, North Carolina time) on a Business Day in like funds as received prior to the end of such Business Day and otherwise the Administrative Agent will distribute such payment to such Lenders on the next succeeding Business Day. Whenever any payment hereunder shall be stated to be due on a day which is not a Business Day, the due date thereof shall be extended to the next succeeding Business Day (subject to accrual of interest and Fees for the period of such extension), except that in the case of Eurodollar Loans, if the extension would cause the payment to be made in the next following calendar month, then such payment shall instead be made on the next preceding Business Day. Except as expressly provided otherwise herein, all computations of interest and fees shall be made on the basis of actual number of days elapsed over a year of 360 days, except with respect to computation of interest on Base Rate Loans which (unless the Base Rate is determined by reference to the Federal Funds Rate) shall be calculated based on a year of 365 or 366 days, as appropriate. Interest shall accrue from and include the date of borrowing, but exclude the date of payment.

Appears in 1 contract

Samples: Credit Agreement (Amerisource Distribution Corp)

Payments, Computations, etc. (a) Except as Unless otherwise specifically expressly provided hereinin a Loan Document, all payments hereunder by the Borrowers pursuant to each Loan Document shall be made by the Borrowers to the Administrative Agent in dollars in immediately available fundsfor the pro rata account of the Secured Parties entitled to receive such payment. All payments shall be made without setoff, without offset, deduction, deduction or counterclaim or withholding of any kind, at the Administrative Agent’s office specified in Schedule 10.1 not later than 4:00 P.M. 11:00 a.m. (which shall be London time in the case of Other Currency Loans) on the date when duedue in same day or immediately available funds to such account as the Administrative Agent shall specify from time to time by notice to the U.S. Borrower. Payments Funds received after such that time shall be deemed to have been received by the Administrative Agent on the next succeeding Business Day. The Administrative Agent may (but shall not be obligated to) debit the amount promptly remit in same day funds to each Secured Party its share, if any, of any such payment which is not made payments received by such time to any ordinary deposit account of the Borrower maintained with the Administrative Agent (with notice to for the Borrower). The Borrower shall, at the time it makes any payment under this Credit Agreement, specify to the Administrative Agent the Loans, Fees, interest or other amounts payable by the Borrower hereunder to which such payment is to be applied (and in the event that it fails so to specify, or if such application would be inconsistent with the terms hereof, the Administrative Agent shall distribute such payment to the Lenders in such manner as the Administrative Agent may determine to be appropriate in respect of obligations owing by the Borrower hereunder, subject to the terms of Section 3.12(a)). The Administrative Agent will distribute such payments to such Lenders, if any such payment is received prior to 12:00 Noon on a Business Day in like funds as received prior to the end account of such Business Day and otherwise the Administrative Agent will distribute such payment to such Lenders Secured Party. All interest (including interest on the next succeeding Business Day. Whenever any payment hereunder shall be stated to be due on a day which is not a Business Day, the due date thereof shall be extended to the next succeeding Business Day (subject to accrual of interest and Fees for the period of such extension), except that in the case of Eurodollar LIBO Rate Loans, if the extension would cause the payment to be made in the next following calendar month, then such payment shall instead be made on the next preceding Business Day. Except as expressly provided otherwise herein, all computations of interest ) and fees shall be made computed on the basis of the actual number of days elapsed (including the first day but excluding the last day) occurring during the period for which such interest or fee is payable over a year comprised of 360 days, except with respect to computation LIBO Rate Loans denominated in Sterling which shall accrue interest computed on the basis of interest on 365 days and except as set forth in clause (d) of the definition of the term "Associated Costs" and except with respect to Base Rate Loans which shall be calculated based accrue interest computed on the basis of a year comprised of 365 or 366 days, as appropriatethe case may be, provided, however, that to the extent the current market practice is to compute interest and/or fees in respect of any Other Currency or any Loan denominated in any Other Currency in a manner other than as set forth above, all interest and fees hereunder shall be computed on the basis of such market practice, as notified to the U.S. Borrower by the Administrative Agent. Payments due on other than a Business Day shall (except as otherwise required by clause (b) of the definition of the term "Interest Period") be made on the next succeeding Business Day and such extension of time shall accrue from be included in computing interest and include the date of borrowing, but exclude the date of fees in connection with that payment.

Appears in 1 contract

Samples: Credit Agreement (Chesapeake Corp /Va/)

Payments, Computations, etc. (a) Except as otherwise specifically provided herein, all payments hereunder shall be made to the Administrative Agent in dollars Dollars in immediately available funds, without offsetsetoff, deduction, counterclaim or withholding of any kind, at the Administrative Agent’s office specified in Schedule 10.1 2.1(a) not later than 4:00 P.M. 12:00 Noon (Charlotte, North Carolina time) on the date when due. Payments received after such time shall be deemed to have been received on the next succeeding Business Day. The Administrative Agent may (but shall not be obligated to) debit the amount of any such payment which is not made by such time to any ordinary deposit account of any of the Borrower Borrowers maintained with the Administrative Agent (with notice to the Principal Borrower). The Borrower Borrowers (or any one of them) shall, at the time it makes any payment under this Credit Agreement, specify to the Administrative Agent the Loans, LOC Obligations, Fees, interest or other amounts payable by the Borrower Borrowers hereunder to which such payment is to be applied (and in the event that it fails so to specify, or if such application would be inconsistent with the terms hereof, the Administrative Agent shall distribute such payment to the Lenders in such manner as the Administrative Agent may determine to be appropriate in respect of obligations owing by the Borrower Borrowers hereunder, subject to the terms of Section 3.12(a3.13(a)). The Administrative Agent will distribute such payments to such Lenders, if any such payment is received prior to 12:00 Noon (Charlotte, North Carolina time) on a Business Day in like funds as received prior to the end of such Business Day and otherwise the Administrative Agent will distribute such payment to such Lenders on the next succeeding Business Day. Whenever any payment hereunder shall be stated to be due on a day which is not a Business Day, the due date thereof shall be extended to the next succeeding Business Day (subject to accrual of interest and Fees for the period of such extension), except that in the case of Eurodollar Loans, if the extension would cause the payment to be made in the next following calendar month, then such payment shall instead be made on the next preceding Business Day. Except as expressly provided otherwise herein, all computations of interest and fees shall be made on the basis of actual number of days elapsed over a year of 360 days, except with respect to computation of interest on Base Rate Loans which (unless the Base Rate is determined by reference to the Federal Funds Rate) shall be calculated based on a year of 365 or 366 days, as appropriate. Interest shall accrue from and include the date of borrowing, but exclude the date of payment. If the Administrative Agent fails to distribute such payment to such Lenders on the day required by this Section 3.15, the Administrative Agent shall pay to such Lenders interest on the undistributed amount from and including the day such amount was required to be distributed to but excluding the date such amount is distributed at a per annum rate equal to the Federal Funds Rate.

Appears in 1 contract

Samples: Credit Agreement (Highwoods Realty LTD Partnership)

Payments, Computations, etc. (a) Except as otherwise specifically provided herein, all payments hereunder shall be made to the Administrative Agent in dollars in immediately available funds, without offset, deduction, counterclaim or withholding of any kind, at the Administrative Agent’s 's office specified in Schedule 10.1 Section 11.1 not later than 4:00 2:00 P.M. (Charlotte, North Carolina time) on the date when due. Payments received after such time shall be deemed to have been received on the next succeeding Business Day. The Administrative Agent may (but shall not be obligated to) debit the amount of any such payment which is not made by such time to any ordinary deposit account of the Borrower maintained with the Administrative Agent (with notice to the Borrower). The Borrower shall, at the time it makes any payment under this Credit Agreement, specify to the Administrative Agent the Loans, LOC Obligations, Fees, interest or other amounts payable by the Borrower hereunder to which such payment is to be applied (and in the event that it fails so to specify, or if such application would be inconsistent with the terms hereof, the Administrative Agent shall distribute such payment to the Lenders in such manner as the Administrative Agent may determine to be appropriate in respect of obligations owing by the Borrower hereunder, subject to the terms of Section 3.12(a)). The Administrative Agent will distribute such payments to such Lenders, if any such payment is received prior to 12:00 Noon (Charlotte, North Carolina time) on a Business Day in like funds as received prior to the end of such Business Day and otherwise the Administrative Agent will distribute such payment to such Lenders on the next succeeding Business Day. Whenever any payment hereunder shall be stated to be due on a day which is not a Business Day, the due date thereof shall be extended to the next succeeding Business Day (subject to accrual of interest and Fees for the period of such extension), except that in the case of Eurodollar Loans, if the extension would cause the payment to be made in the next following calendar month, then such payment shall instead be made on the next preceding Business Day. Except as expressly provided otherwise herein, all computations of interest and fees shall be made on the basis of actual number of days elapsed over a year of 360 days, except with respect to computation of interest on Base Rate Loans which (unless the Base Rate is determined by reference to the Federal Funds Rate) shall be calculated based on a year of 365 or 366 days, as appropriate. Interest shall accrue from and include the date of borrowing, but exclude the date of payment.

Appears in 1 contract

Samples: Credit Agreement (United Dominion Realty Trust Inc)

Payments, Computations, etc. (a) Except as otherwise specifically provided herein, all payments hereunder shall be made to the Administrative Agent in dollars Dollars in immediately available funds, without offsetsetoff, deduction, counterclaim or withholding of any kind, at the Administrative Agent’s 's office specified in Schedule 10.1 Section 9.1 not later than 4:00 2:00 P.M. (Charlotte, North Carolina time) on the date when due. Payments received after such time shall be deemed to have been received on the next succeeding Business Day. The Administrative Agent may (but shall not be obligated to) debit the amount of any such payment which is not made by such time to any ordinary deposit account of the Borrower maintained with the Administrative Agent (with notice to the Borrower). The Borrower shall, at the time it makes any payment under this Credit Agreement, specify to the Administrative Agent the Loans, Fees, interest or other amounts payable by the Borrower hereunder to which such payment is to be applied (and in the event that it fails so to specify, or if such application would be inconsistent with the terms hereof, the Administrative Agent shall distribute such payment to the Lenders in such manner as the Administrative Agent may determine to be appropriate in respect of obligations owing by the Borrower hereunder, subject to the terms of Section 3.12(a3.13(a)). The Administrative Agent will distribute such payments to such Lenders, if any such payment is received prior to 12:00 Noon (Charlotte, North Carolina time) on a Business Day in like funds as received prior to the end of such Business Day and otherwise the Administrative Agent will distribute such payment to such Lenders entitled thereto on the next succeeding Business Day. Whenever any payment hereunder shall be stated to be due on a day which is not a Business Day, the due date thereof shall be extended to the next succeeding Business Day (subject to accrual of interest and Fees for the period of such extension), except that in the case of Eurodollar Loans, if the extension would cause the payment to be made in the next following calendar month, then such payment shall instead be made on the next preceding Business Day. Except as expressly provided otherwise herein, all computations of interest and fees shall be made on the basis of the actual number of days elapsed over a year of 360 days, except with respect to computation of interest on Base Rate Loans which (unless the Base Rate is determined by reference to the Federal Funds Rate) shall be calculated based on a year of 365 or 366 days, as appropriate. Interest shall accrue from and include the date of borrowing, but exclude the date of payment.

Appears in 1 contract

Samples: Credit Agreement (Railworks Corp)

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