Common use of Payments, Computations, etc Clause in Contracts

Payments, Computations, etc. Unless otherwise expressly provided herein (including as set forth in Section 2.3 and Section 4.5), all payments by the Borrowers pursuant to this Agreement, the Notes or any other Loan Document shall be made by the Borrowers to the Administrative Agent for the 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., Applicable Time, 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. To the extent the Administrative Agent receives such funds prior to 12:00 noon, Applicable Time, the Administrative Agent shall promptly remit in same day funds to each Lender its share, if any, of such payments received by 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 (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 to be made shall otherwise be due on a day which is not a Business Day in New York, such payment 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 be included in computing interest and fees, if any, in connection with such payment.

Appears in 3 contracts

Samples: Credit Agreement (Warnaco Group Inc /De/), Credit Agreement (Warnaco Group Inc /De/), Credit Agreement (Warnaco Group Inc /De/)

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Payments, Computations, etc. Unless otherwise expressly provided herein (including as set forth in Section 2.3 and Section 4.5)provided, all payments by the Borrowers each Borrower pursuant to this Agreement, the Notes Notes, each Letter of Credit or any other Loan Document shall be made by the Borrowers such 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.1:00 p.m. (New York City, Applicable Time, New York time) 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. BorrowerBorrowers. To the extent Funds received after that time shall be deemed to have been received by the Administrative Agent receives such funds prior to 12:00 noon, Applicable Time, on the next succeeding Business Day. The Administrative Agent shall promptly remit in same day funds to each Lender its share, if any, of such payments received by the Administrative Agent for the account of such Lender. All interest (including interest on Eurodollar Loans) 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 fee is payable over a year comprised of 360 days (or, in the case of interest on an ABR Loan (other than when calculated with respect to the Federal Funds Rate), 365 days or, if appropriate, 366 days). Whenever any payment to be made shall otherwise be due on a day which is not a Business Day in New YorkDay, such payment shall (except as otherwise required by clause (bc) of the definition of the term "Interest Period"" with respect to Eurodollar Loans) be made on the next succeeding Business Day and such extension of time shall be included in computing interest and fees, if any, in connection with such payment.

Appears in 3 contracts

Samples: Credit Agreement (Dollar Thrifty Automotive Group Inc), Credit Agreement (Dollar Thrifty Automotive Group Inc), Credit Agreement (Dollar Thrifty Automotive Group Inc)

Payments, Computations, etc. Unless otherwise expressly provided herein (including as set forth in Section 2.3 and Section 4.5)provided, all payments by the Borrowers or on behalf of any Borrower pursuant to this Agreement, the Notes Notes, each Letter of Credit, the TLCs or any other Loan Document shall be made by the Borrowers such 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.12:00 noon, Applicable TimeNew York time, 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. applicable Borrower. To the extent Funds received after that time shall be deemed to have been received by the Administrative Agent receives such funds prior to 12:00 noon, Applicable Time, on the next succeeding Business Day. The Administrative Agent shall promptly remit in same day funds to each Lender its share, if any, of such payments received by 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 (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, 365 days or, if appropriate, 366 days). Whenever any payment to be made shall otherwise be due on a day which is not a Business Day in New YorkDay, such payment shall (except as otherwise required by clause (bc) of the definition of the term "Interest Period") be made on the next succeeding Business Day and such extension of time shall be included in computing interest and fees, if any, in connection with such payment.

Appears in 3 contracts

Samples: Credit Agreement (Weight Watchers International Inc), Credit Agreement (Gutbusters Pty LTD), Credit Agreement (Weight Watchers International Inc)

Payments, Computations, etc. Unless otherwise expressly provided herein (including as set forth in Section 2.3 and Section 4.5)provided, all payments by the Borrowers Borrower pursuant to this Agreement, the Notes or any other Loan Document shall be made by the Borrowers Borrower to the Administrative Agent for the pro rata account of the Lenders or the Issuer 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.12:00 Noon, Applicable TimeUnited States Central time, 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. To Funds received after that time shall be deemed to have been received by the extent Agent on the Administrative Agent receives such funds prior to 12:00 noon, Applicable Time, the Administrative next succeeding Business Day. The Agent shall promptly remit in same day funds to each Lender or Issuer its share, if any, of such payments received by the Administrative Agent for the account of such LenderLender or Issuer. 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 fee is payable over a year comprised of 360 days (or, in the case of interest on a Base Rate Loan, 365 days or, if appropriate, 366 days). Whenever any payment to be made shall otherwise be due on a day which is not a Business Day in New YorkDay, such payment shall (except as otherwise required by clause (bc) of the definition of the term "Interest Period"" with respect to LIBO Rate Loans) be made on the next succeeding Business Day and such extension of time shall be included in computing interest and fees, if any, in connection with such payment.

Appears in 3 contracts

Samples: Credit Agreement (Vintage Petroleum Inc), Credit Agreement (Vintage Petroleum Inc), Credit Agreement (Vintage Petroleum Inc)

Payments, Computations, etc. Unless otherwise expressly provided herein (including as set forth in Section 2.3 and Section 4.5)provided, all payments by the Borrowers or on behalf of any Borrower pursuant to this Agreement, the Notes Notes, each Letter of Credit, the TLCs or any other Loan Document shall be made by the Borrowers such 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.12:00 noon, Applicable TimeNew York time, 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. applicable Borrower. To the extent Funds received after that time shall be deemed to have been received by the Administrative Agent receives such funds prior to 12:00 noon, Applicable Time, on the next succeeding Business Day. The Administrative Agent shall promptly remit in same day funds to each Lender its share, if any, of such payments received by 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 (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, 365 days or, if appropriate, 366 days). Whenever any payment to be made shall otherwise be due on a day which is not a Business Day in New YorkDay, such payment shall (except as otherwise required by clause CLAUSE (bC) of the definition of the term "Interest Period") be made on the next succeeding Business Day and such extension of time shall be included in computing interest and fees, if any, in connection with such payment.

Appears in 2 contracts

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

Payments, Computations, etc. Unless otherwise expressly provided herein (including as set forth in Section 2.3 and Section 4.5)provided, all payments by the Borrowers Borrower pursuant to this Agreement, the Notes Term Notes, or any other Term Loan Document shall be made by the Borrowers Borrower to the Administrative Agent for the pro rata account of the Term Loan 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.12:00 noon, Applicable TimeNew York City time, 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. To the extent Funds received after that time shall be deemed to have been received by the Administrative Agent receives such funds prior to 12:00 noon, Applicable Time, on the next succeeding Business Day. The Administrative Agent shall promptly remit on the day it has received (or is deemed to have received under the preceding sentence) in same day funds to each Term Loan Lender its share, if any, of such payments received by the Administrative Agent for the account of such Term Loan Lender. All interest (including interest on LIBO Rate Loans) 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 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 Rate), 365 days or, if appropriate, 366 days). Whenever any payment to be made shall otherwise be due on a day which is not a Business Day in New YorkDay, such payment shall (except as otherwise required by clause (bc) of the definition of the term "Interest Period") be made on the next succeeding Business Day and such extension of time shall be included in computing interest and fees, if any, in connection with such payment.

Appears in 2 contracts

Samples: Term Loan Agreement (Specialty Foods Corp), Term Loan Agreement (Specialty Foods Acquisition Corp)

Payments, Computations, etc. Unless otherwise expressly provided herein (including as set forth in Section 2.3 and Section 4.5)provided, all payments by the Borrowers Borrower pursuant to this Agreement, the Notes Agreement or any other Loan Document shall be made by the Borrowers 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.1:00 p.m., Applicable TimeCentral time, 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. To the extent Funds received after that time shall be deemed to have been received by the Administrative Agent receives such funds prior to 12:00 noon, Applicable Time, on the next succeeding Business Day. The Administrative Agent shall promptly remit in same day funds to each Lender its share, if any, of such payments received by 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 (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, 365 days or, if appropriate, 366 days). Whenever any payment to be made shall otherwise be due on a day which is not a Business Day in New YorkDay, such payment shall (except as otherwise required by clause (b) of the definition of the term "Interest Period"” with respect to Eurodollar Loans) be made on the next succeeding Business Day and such extension of time shall be included in computing interest and fees, if any, in connection with such payment.

Appears in 2 contracts

Samples: Credit Agreement (Cimarex Energy Co), Credit Agreement (Cimarex Energy Co)

Payments, Computations, etc. Unless otherwise expressly provided herein (including as set forth in Section 2.3 and Section 4.5)provided, all payments by the Borrowers Borrower pursuant to this Agreement, the Notes or any other Loan Document shall be made by the Borrowers 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.1:00 p.m., Applicable TimeNew York time, 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. To Funds received after that time shall be deemed to have been received by the extent Agent on the Administrative Agent receives such funds prior to 12:00 noon, Applicable Time, the Administrative next succeeding Business Day. The Agent shall promptly remit in same day funds to each Lender its share, if any, of such payments received by 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 (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, 365 days or, if appropriate, 366 days). Whenever any payment to be made shall otherwise be due on a day which is not a Business Day in New YorkDay, such payment shall (except as otherwise required by clause CLAUSE (bc) of the definition of the term "Interest Period"INTEREST PERIOD" with respect to LIBO Rate Loans) be made on the next succeeding Business Day and such extension of time shall be included in computing interest and fees, if any, in connection with such payment.

Appears in 2 contracts

Samples: Guaranty Agreement, Credit Agreement (Price/Costco Inc)

Payments, Computations, etc. Unless otherwise expressly provided herein (including as set forth in Section 2.3 and Section 4.5)a Loan Document, all payments by the Borrowers each Borrower pursuant to this Agreement, the Notes or any other each Loan Document shall be made by the Borrowers such Borrower to the Administrative Agent for the pro rata account of the Lenders Secured Parties entitled to receive such payment. All such payments required to shall be made to the Administrative Agent shall be made, without setoff, deduction (except as permitted under Section 4.6(f)) or counterclaim, counterclaim not later than 11:00 a.m., Applicable Time, a.m. on the date due, due in same day or immediately available funds, funds to such account as the Administrative Agent shall specify from time to time by notice to the U.S. BorrowerBorrowers. To Funds received after that time shall be deemed (at the extent Administrative Agent's discretion) to have been received by the Administrative Agent receives such funds prior to 12:00 noon, Applicable Time, on the next succeeding Business Day. The Administrative Agent shall promptly remit in same day funds to each Lender Secured Party its share, if any, of such payments received by the Administrative Agent for the account of such LenderSecured Party. All interest (including interest on LIBO Rate Loans) 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 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 Rate), 365 days or, if appropriate, 366 days). Whenever any payment to be made shall otherwise be Payments due on a day which is not other than a Business Day in New York, such payment shall (except as otherwise required by clause (bc) of the definition of the term "Interest Period") be made on the next succeeding Business Day and such extension of time shall be included in computing interest and fees, if any, fees in connection with such that payment.

Appears in 2 contracts

Samples: Credit Agreement (WRC Media Inc), Credit Agreement (WRC Media Inc)

Payments, Computations, etc. Unless otherwise expressly provided herein (including as set forth in Section 2.3 and Section 4.5)provided, all payments by the Borrowers Borrower pursuant to this Agreement, the Notes Agreement or any other Loan Document shall be made by the Borrowers 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 9:00 a.m., Applicable TimeSan Francisco time, 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. To the extent Funds received after that time shall be deemed to have been received by the Administrative Agent receives such funds prior to 12:00 noon, Applicable Time, on the next succeeding Business Day. The Administrative Agent shall promptly remit in same day funds to each Lender its share, if any, of such payments received by 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 (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). Whenever any payment to be made shall otherwise be due on a day which is not a Business Day in New YorkDay, such payment shall (except as otherwise required by clause (bc) of the definition of the term "Interest Period"" with respect to LIBO Rate Loans) be made on the next succeeding Business Day and such extension of time shall be included in computing interest and fees, if any, in connection with such payment.

Appears in 2 contracts

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

Payments, Computations, etc. Unless otherwise expressly provided herein (including as set forth in Section 2.3 and Section 4.5)provided, all payments by or on behalf of the Borrowers Borrower pursuant to this Agreement, the Notes Notes, each Letter of Credit or any other Loan Document shall be made by the Borrowers 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.12:00 noon, Applicable TimeNew York time, 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. To the extent Funds received after that time shall be deemed to have been received by the Administrative Agent receives such funds prior to 12:00 noon, Applicable Time, on the next succeeding Business Day. The Administrative Agent shall promptly remit in same day funds to each Lender its share, if any, of such payments received by 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 (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, 365 days or, if appropriate, 366 days). Whenever any payment to be made shall otherwise be due on a day which is not a Business Day in New YorkDay, such payment shall (except as otherwise required by clause CLAUSE (bc) of the definition of the term "Interest PeriodINTEREST PERIOD") be made on the next succeeding Business Day and such extension of time shall be included in computing interest and fees, if any, in connection with such payment.

Appears in 2 contracts

Samples: Credit Agreement (Keebler Corp), Credit Agreement (Keebler Foods Co)

Payments, Computations, etc. Unless otherwise expressly provided herein (including as set forth in Section 2.3 and Section 4.5)provided, all payments by the Borrowers Borrower pursuant to this Agreement, the Notes or any other Loan Document shall be made by the Borrowers Borrower to the Administrative Agent for the pro rata account of the Lenders Banks and the Issuer entitled to receive such payment. All such payments required to be made to the Administrative Agent shall be made, without setoffset off, deduction or counterclaim, not later than 11:00 a.m.12:00 noon, Applicable TimeNew York time, 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. To the extent Funds received after that time shall be deemed to have been received by the Administrative Agent receives such funds prior to 12:00 noon, Applicable Time, on the next succeeding Business Day. The Administrative Agent shall promptly remit in same day funds to each Lender Bank and the Issuer its share, if any, of such payments received by the Administrative Agent for the account of such LenderBank and the Issuer. 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 fee is payable over a year comprised of 360 days (or, in the case of interest on a Base Rate Loan, 365 days or, if appropriate, 366 days). Whenever any payment to be made shall otherwise be due on a day which is not a Business Day in New YorkDay, such payment shall (except as otherwise required by clause (bc) of the definition of the term "Interest Period"" with respect to LIBO Rate Loans) be made on the next succeeding Business Day and such extension of time shall be included in computing interest and fees, if any, in connection with such payment.

Appears in 2 contracts

Samples: Credit Agreement (Magnum Hunter Resources Inc), Credit Agreement (Magnum Hunter Resources Inc)

Payments, Computations, etc. Unless otherwise expressly provided herein (including as set forth in Section 2.3 and Section 4.5)provided, all payments by or on behalf of the Borrowers Borrower pursuant to this Agreement, the Notes Notes, each Letter of Credit or any other Loan Document shall be made by the Borrowers 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.12:00 noon, Applicable TimeNew York time, 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. To the extent Funds received after that time shall be deemed to have been received by the Administrative Agent receives such funds prior to 12:00 noon, Applicable Time, on the next succeeding Business Day. The Administrative Agent shall promptly remit in same day funds to each Lender its share, if any, of such payments received by 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 (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, 365 days or, if appropriate, 366 days). Whenever any payment to be made shall otherwise be due on a day which is not a Business Day in New YorkDay, such payment shall (except as otherwise required by clause (bc) of the definition of the term "Interest Period") be made on the next succeeding Business Day and such extension of time shall be included in computing interest and fees, if any, in connection with such payment.

Appears in 2 contracts

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

Payments, Computations, etc. Unless otherwise expressly provided herein (including as set forth in Section 2.3 and Section 4.5)provided, all payments by or on behalf of the Borrowers Borrower pursuant to this Agreement, the Notes or any other Loan Document shall be made by the Borrowers Borrower to the Administrative Agent for the pro rata account of the Lenders Lenders, Agents or Lead Arranger, 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., Applicable TimeChicago, Illinois time, 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. To the extent Funds received after that time shall be deemed to have been received by the Administrative Agent receives such funds prior to 12:00 noon, Applicable Time, on the next succeeding Business Day. The Administrative Agent shall promptly remit in same day funds to each Lender Lender, Agent or Lead Arranger, as the case may be, its share, if any, of such payments received by 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 (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, 365 days or, if appropriate, 366 days). Whenever any payment to be made shall otherwise be due on a day which is not a Business Day in New YorkDay, such payment shall (except as otherwise required by clause (bi) of the definition of the term "Interest Period") be made on the next succeeding Business Day and such extension of time shall be included in computing interest and fees, if any, in connection with such payment.

Appears in 2 contracts

Samples: Credit Agreement (Nextel Partners Inc), Credit Agreement (Nextel Partners Inc)

Payments, Computations, etc. Unless otherwise expressly provided herein (including as set forth in Section 2.3 and Section 4.5)provided, all payments by the Borrowers Borrower pursuant to or in respect of this Agreement, the Notes or any other Loan Document shall be made by the Borrowers 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., Applicable Timea.m. (New York City time), 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. To Funds received after that time shall be deemed to have been received by the extent Agent on the Administrative Agent receives such funds prior to 12:00 noon, Applicable Time, the Administrative next succeeding Business Day. The Agent shall promptly remit in same day funds to each Lender its share, if any, of such payments received by 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 (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 Base Rate Loans, 365 days or, if appropriate, 366 days). Whenever any payment to be made shall otherwise be due on a day which is not a Business Day in New YorkDay, such payment shall (except as otherwise required by clause (bc) of the definition of the term "Interest Period"" with respect to LIBO Rate Loans) be made on the next succeeding Business Day and such extension of time shall be included in computing interest and fees, if any, in connection with such payment.. The Agent is authorized to charge any account maintained by the Borrower with it for any Obligations owing to it or any of the Lenders. SECTION 4.8

Appears in 1 contract

Samples: Credit Agreement (Pep Boys Manny Moe & Jack)

Payments, Computations, etc. Unless otherwise expressly provided herein (including as set forth in Section 2.3 and Section 4.5)provided, all payments by the Borrowers or on behalf of each Borrower pursuant to this Agreement, the Notes Agreement or any other Loan Document shall be made by the Borrowers such 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., Applicable TimeNew York time, 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. BorrowerBorrowers. To the extent Funds received after that time shall be deemed to have been received by the Administrative Agent receives such funds prior to 12:00 noon, Applicable Time, on the next succeeding Business Day. The Administrative Agent shall promptly remit in same day funds to each Lender its share, if any, of such payments received by 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 (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). Whenever any payment to be made shall otherwise be due on a day which is not a Business Day in New YorkDay, such payment shall (except as otherwise required by clause (bc) of the definition of the term "Interest Period") be made on the next succeeding Business Day and such extension of time shall be included in computing interest and fees, if any, in connection with such payment.

Appears in 1 contract

Samples: Credit Agreement (Triarc Companies Inc)

Payments, Computations, etc. Unless otherwise expressly provided herein (including as set forth in Section 2.3 and Section 4.5)provided, all payments by or on behalf of the Borrowers Borrower pursuant to this Agreement, the Term Notes or any other Loan Document shall be made by the Borrowers Borrower to the Administrative Agent for the pro rata account of the Lenders Lenders, Agents or Arranger, 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., Applicable Time, a.m. (Chicago time) 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. To the extent Funds received after that time shall be deemed to have been received by the Administrative Agent receives such funds prior to 12:00 noon, Applicable Time, on the next succeeding Business Day. The Administrative Agent shall promptly remit in same day funds to each Lender Lender, Agent or Arranger, as the case may be, its share, if any, of such payments received by 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 (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 that is not calculated at the Federal Funds Rate, 365 days or, if appropriate, 366 days). Whenever any payment to be made shall otherwise be due on a day which is not a Business Day in New YorkDay, such payment shall (except as otherwise required by clause (bi) of the definition of the term "Interest Period"" with respect to LIBO Rate Loans) be made on the next succeeding Business Day and such extension of time shall be included in computing interest and fees, if any, in connection with such payment.

Appears in 1 contract

Samples: Term Loan Agreement (Pci Carolina Inc)

Payments, Computations, etc. Unless otherwise expressly provided herein (including as set forth in Section 2.3 and Section 4.5)provided, all payments by the Borrowers Obligors pursuant to this Agreement, the Notes Agreement or any other Loan Document shall be made by the Borrowers Obligors 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., Applicable TimeNew York City time, 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. To the extent Funds received after that time shall be deemed to have been received by the Administrative Agent receives such funds prior to 12:00 noon, Applicable Time, on the next succeeding Business Day. The Administrative Agent shall promptly remit in same day funds to each Lender its share, if any, of such payments received by the Administrative Agent for the account of such Lender. All interest (including interest on LIBO Rate Loans) 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 fee is payable over a year comprised of 360 days (or, in the case of interest on a Base Rate Loan, 365 days or, if appropriate, 366 days). Whenever any payment to be made shall otherwise be due on a day which is not a Business Day in New YorkDay, such payment shall (except as otherwise required by clause (bc) of the definition of the term "Interest Period") be made on the next succeeding Business Day and such extension of time shall be included in computing interest and fees, if any, in connection with such payment.

Appears in 1 contract

Samples: Possession Credit Agreement

Payments, Computations, etc. Unless otherwise expressly provided herein (including as set forth in Section 2.3 and Section 4.5)provided, all payments by the Borrowers Borrower pursuant to this Agreement, the Notes or any other Loan Document shall be made by the Borrowers 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.12:00 noon, Applicable TimeChicago time, 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. To the extent Funds received after that time shall be deemed to have been received by the Administrative Agent receives such funds prior to 12:00 noon, Applicable Time, on the next succeeding Business Day. The Administrative Agent shall promptly remit in same day funds to each Lender its share, if any, of such payments received by 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 (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 Effective Rate), 365 days or, if appropriate, 366 days). Whenever any payment to be made shall otherwise be due on a day which is not a Business Day in New YorkDay, such payment shall (except as otherwise required by clause (bi) of the definition of the term "Interest Period") be made on the next succeeding Business Day and such extension of time shall be included in computing interest and fees, if any, in connection with such payment.

Appears in 1 contract

Samples: Credit Agreement (True Temper Sports Inc)

Payments, Computations, etc. Unless otherwise expressly provided herein (including as set forth in Section 2.3 and Section 4.5)provided, all payments by the Borrowers pursuant to this Agreement, the Notes or any other Loan Document shall be made by the Borrowers 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.1:00 p.m., Applicable TimeNew York time, 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. BorrowerBorrowers. To the extent Funds received after that time shall be deemed to have been received by the Administrative Agent receives such funds prior to 12:00 noon, Applicable Time, on the next succeeding Business Day. The Administrative Agent shall promptly remit in same day funds to each Lender its share, if any, of such payments received by 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 (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, 365 days or, if appropriate, 366 days). Whenever any payment to be made shall otherwise be due on a day which is not a Business Day in New YorkDay, such payment shall (except as otherwise required by clause (bc) of the definition of the term "Interest Period"" with respect to LIBO Rate Loans) be made on the next succeeding Business Day and such extension of time shall be included in computing interest and fees, if any, in connection with such payment.

Appears in 1 contract

Samples: Credit Agreement (U.S. Shipping Partners L.P.)

Payments, Computations, etc. Unless otherwise expressly provided herein (including as set forth in Section 2.3 and Section 4.5)provided, all payments by the Borrowers Borrower pursuant to this Agreement, the Notes or any other Loan Document shall be made by the Borrowers 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., Applicable TimeCentral time, 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. To the extent Funds received after that time shall be deemed to have been received by the Administrative Agent receives such funds prior to 12:00 noon, Applicable Time, on the next succeeding Business Day. The Administrative Agent shall promptly remit in same day funds to each Lender its share, if any, of such payments received by 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 (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, 365 days or, if appropriate, 366 days). Whenever any payment to be made shall otherwise be due on a day which is not a Business Day in New YorkDay, such payment shall (except as otherwise required by clause (bc) of the definition of the term "Interest Period"" with respect to LIBO Rate Loans) be made on the next succeeding Business Day and such extension of time shall be included in computing interest and fees, if any, in connection with such payment.

Appears in 1 contract

Samples: Credit Agreement (Markwest Hydrocarbon Inc)

Payments, Computations, etc. Unless otherwise expressly provided herein (including as set forth in Section 2.3 and Section 4.5)provided, all payments by the Borrowers Borrower pursuant to or in respect of this Agreement, the Notes Notes, each Letter of Credit or any other Loan Document shall be made by the Borrowers 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., Applicable Timea.m. (New York City time), 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. To Funds received after that time shall be deemed to have been received by the extent Agent on the Administrative Agent receives such funds prior to 12:00 noon, Applicable Time, the Administrative next succeeding Business Day. The Agent shall promptly remit in same day funds to each Lender its share, if any, of such payments received by 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 (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 Base Rate Loans, 365 days or, if appropriate, 366 days). Whenever any payment to be made shall otherwise be due on a day which is not a Business Day in New YorkDay, such payment shall (except as otherwise required by clause (bc) of the definition of the term "Interest Period"" with respect to LIBO Rate Loans) be made on the next succeeding Business Day and such extension of time shall be included in computing interest and fees, if any, in connection with such payment. The Agent is authorized to charge any account maintained by the Borrower with it for any Obligations owing to it or any of the Lenders.

Appears in 1 contract

Samples: Credit Agreement (Selfcare Inc)

Payments, Computations, etc. (a) Unless otherwise expressly provided herein and subject to clause (including as set forth in Section 2.3 and Section 4.5)b) below, all payments by the Borrowers Borrower pursuant to this Agreement, the Notes or and any other Loan Transaction Document shall be made by the Borrowers 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 by the Borrower shall be made, without setoff, deduction or counterclaim, not later than 11:00 a.m.2:30 p.m., Applicable TimeAtlanta time, 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. To Funds received after that time shall be deemed to have been received by the extent Agent on the Administrative Agent receives such funds prior to 12:00 noon, Applicable Time, the Administrative next succeeding Business Day. The Agent shall promptly remit in same day funds to each Lender its share, if any, of such payments funds received by 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 (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 Advance, 365 days or, if appropriate, 366 days). Whenever any payment to be made shall otherwise be due on a day which is not a Business Day in New YorkDay, such payment shall (except as otherwise required by clause (b) of the definition of the term "Interest Period"" with respect to Fixed Rate Advances) be made on the next succeeding Business Day and such extension of time shall be included in computing interest and fees, if any, in connection with such payment.

Appears in 1 contract

Samples: Agreement (Burlington Industries Inc /De/)

Payments, Computations, etc. Unless otherwise expressly provided herein (including as set forth in Section 2.3 and Section 4.5)provided, all payments by or on behalf of the Borrowers Borrower pursuant to this Agreement, the Notes Agreement or any other Loan Document shall be made by the Borrowers Borrower to the Administrative Agent for the pro rata account of the Lenders Lenders, Agents or Lead Arranger, 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., Applicable TimeDesignated City time, 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. To the extent Funds received after that time shall be deemed to have been received by the Administrative Agent receives such funds prior to 12:00 noon, Applicable Time, on the next succeeding Business Day. The Administrative Agent shall promptly remit in same day funds to each Lender Lender, Agent or Lead Arranger, as the case may be, its share, if any, of such payments received by 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 (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, 365 days or, if appropriate, 366 days). Whenever any payment to be made shall otherwise be due on a day which is not a Business Day in New YorkDay, such payment shall (except as otherwise required by clause (bi) of the definition of the term "Interest Period") be made on the next succeeding Business Day and such extension of time shall be included in computing interest and fees, if any, in connection with such payment.

Appears in 1 contract

Samples: Credit Agreement (Charles River Laboratories International Inc)

Payments, Computations, etc. Unless otherwise expressly provided herein (including as set forth in Section 2.3 and Section 4.5)provided, all payments by the Borrowers Borrower pursuant to this Agreement, the Notes or any other Loan Document shall be made by the Borrowers 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., Applicable Timea.m. Central time, 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. To the extent Funds received after that time shall be deemed to have been received by the Administrative Agent receives such funds prior to 12:00 noon, Applicable Time, on the next succeeding Business Day. The Administrative Agent shall promptly remit in same day funds to each Lender its share, if any, of such payments received by 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 (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, 365 days or, if appropriate, 366 days). Whenever any payment to be made shall otherwise be due on a day which is not a Business Day in New YorkDay, such payment shall (except as otherwise required by clause (bc) of the definition of the term "Interest Period"" with respect to LIBO Rate Loans) be made on the next succeeding Business Day and such extension of time shall be included in computing interest and fees, if any, in connection with such payment.

Appears in 1 contract

Samples: Secured Term Loan Agreement (Plains Resources Inc)

Payments, Computations, etc. Unless otherwise expressly provided herein (including as set forth in Section 2.3 and Section 4.5), all payments by the Borrowers pursuant to this Agreement, the Notes or any other Loan Trade Document shall be made by the Borrowers to the Administrative Agent for the 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., Applicable Time, 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. To the extent the Administrative Agent receives such funds prior to 12:00 noon, Applicable Time, the Administrative Agent shall promptly remit in same day funds to each Lender its share, if any, of such payments received by 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 (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 to be made shall otherwise be due on a day which is not a Business Day in New York, such payment 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 be included in computing interest and fees, if any, in connection with such payment.

Appears in 1 contract

Samples: Credit Agreement (Warnaco Group Inc /De/)

Payments, Computations, etc. Unless otherwise expressly provided herein (including as set forth in Section 2.3 and Section 4.5)provided, all payments by or on behalf of the Borrowers Borrower pursuant to this Agreement, the Notes or any other Loan Document shall be made by the Borrowers Borrower to the Administrative Agent for the pro rata account of the Lenders Lender Parties 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.12:30 p.m., Applicable TimeNew York City time, 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. To the extent Funds received after that time may be deemed by the Administrative Agent receives such funds prior to 12:00 noon, Applicable Time, 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 Party its share, if any, of such payments received by the Administrative Agent for the account of such LenderLender Party. 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 fee is payable over a year comprised of 360 days (or, in the case of interest on a Base Rate Loan, 365 days or, if appropriate, 366 days). Whenever any payment to be made shall otherwise be due on a day which is not a Business Day in New YorkDay, such payment shall (except as otherwise required by clause (ba) of the definition of the term "Interest Period") be made on the next succeeding Business Day and such extension of time shall be included in computing interest and fees, if any, in connection with such payment.

Appears in 1 contract

Samples: Credit Agreement (Advanstar Communications Inc)

Payments, Computations, etc. (a) Unless otherwise expressly provided herein (including as set forth in Section 2.3 and Section 4.5)provided, all payments by the Borrowers KIL, each other Borrower and each other Guarantor pursuant to this Agreement, the Notes Agreement or any other Loan Document shall be made by the Borrowers KIL, such Guarantor and such Borrower (without duplication) 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 recoupment, deduction, counterclaim or counterclaimother defense, not later than 11:00 a.m.1:00 p.m., Applicable TimeNew York time, 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. BorrowerBorrowers. To the extent Funds received after that time shall be deemed to have been received by the Administrative Agent receives on the next succeeding Business Day and such funds prior to 12:00 noonextension of time shall be included in computing interest and fees, Applicable Timeif any, the in connection with such extension. The Administrative Agent shall promptly remit in same day funds to each Lender its share, if any, of such payments received by 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 (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, 365 days or, if appropriate, 366 days). Whenever any payment to be made shall otherwise be due on a day which is not a Business Day in New YorkDay, such payment shall (except as otherwise required by clause (b) or (c) of the definition of the term "Interest Period") be made on the next succeeding Business Day and such extension of time shall be included in computing interest and fees, if any, in connection with such payment.

Appears in 1 contract

Samples: Credit Agreement (Kerzner International Employment Services LTD)

Payments, Computations, etc. Unless otherwise expressly provided herein (including as set forth in Section 2.3 and Section 4.5)provided, all payments by the Borrowers or on behalf of each Borrower pursuant to this Agreement, the Notes or any other Loan Document shall be made by the Borrowers such Borrower to the Administrative Paying Agent for the pro rata account of the Lenders entitled to receive such payment. All such payments required to be made to the Administrative Paying Agent shall be made, without setoff, deduction or counterclaim, not later than 11:00 a.m., Applicable TimeNew York time, on the date due, in same day or immediately available funds, to such account as the Administrative Paying Agent shall specify from time to time by notice to the U.S. BorrowerParent. To Funds received after that time shall be deemed to have been received by the extent Paying Agent on the Administrative Agent receives such funds prior to 12:00 noon, Applicable Time, the Administrative next succeeding Business Day. The Paying Agent shall promptly remit in same day funds to each Lender its share, if any, of such payments received by the Administrative Paying Agent for the account of such Lender. 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 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). Whenever any payment to be made shall otherwise be due on a day which is not a Business Day in New YorkDay, such payment shall (except as otherwise required by clause (bc) of the definition of the term "Interest Period") be made on the next succeeding Business Day and such extension of time shall be included in computing interest and fees, if any, in connection with such payment.

Appears in 1 contract

Samples: Credit Agreement (Triarc Companies Inc)

Payments, Computations, etc. Unless otherwise expressly provided herein (including as set forth in Section 2.3 and Section 4.5)provided, all payments by the Borrowers Borrower pursuant to this Agreement, the Notes or any other Loan Document shall be made by the Borrowers 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., Applicable TimeCentral time, 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. To the extent Funds received after that time shall be deemed to have been received by the Administrative Agent receives such funds prior to 12:00 noon, Applicable Time, on the next succeeding Business Day. The Administrative Agent shall promptly remit in same day funds to each Lender its share, if any, of such payments received by 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 (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, 365 days or, if appropriate, 366 days). Whenever any payment to be made shall otherwise be due on a day which is not a Business Day in New YorkDay, such payment shall (except as otherwise required by clause (bc) of the definition of the term "Interest Period"” with respect to LIBO Rate Loans) be made on the next succeeding Business Day and such extension of time shall be included in computing interest and fees, if any, in connection with such payment.

Appears in 1 contract

Samples: Credit Agreement (Markwest Hydrocarbon Inc)

Payments, Computations, etc. Unless otherwise expressly provided herein (including as set forth in Section 2.3 and Section 4.5)--------------------------- provided, all payments by the Borrowers either Borrower pursuant to this Agreement, the Notes or any other Loan Document shall be made by the Borrowers 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., Applicable TimeNew York City time, 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. BorrowerBorrowers. To the extent Funds received after that time shall be deemed to have been received by the Administrative Agent receives such funds prior to 12:00 noon, Applicable Time, on the next succeeding Business Day. The Administrative Agent shall promptly remit in same day funds to each Lender its share, if any, of such payments received by 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 (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, 365 days or, if appropriate, 366 days). Whenever any payment to be made shall otherwise be due on a day which is not a Business Day in New YorkDay, such payment shall (except as otherwise required by clause (bc) of the definition of the term ---------- "Interest Period"" with respect to LIBO Rate Loans) be made on the next --------------- succeeding Business Day and such extension of time shall be included in computing interest and fees, if any, in connection with such payment.

Appears in 1 contract

Samples: Credit Agreement (Ambac Financial Group Inc)

Payments, Computations, etc. Unless otherwise expressly provided herein (including as set forth in Section 2.3 and Section 4.5)---------------------------- provided, all payments by the Borrowers SIHL, each other Borrower and each other Guarantor pursuant to this Agreement, the Notes Agreement or any other Loan Document shall be made by the Borrowers SIHL, such Guarantor and such Borrower (without duplication) 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 recoupment, deduction, counterclaim or counterclaimother defense, not later than 11:00 a.m.12:00 noon, Applicable TimeNew York time, 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. BorrowerBorrowers. To the extent Funds received after that time shall be deemed to have been received by the Administrative Agent receives on the next succeeding Business Day and such funds prior to 12:00 noonextension of time shall be included in computing interest and fees, Applicable Timeif any, the in connection with such extension. The Administrative Agent shall promptly remit in same day funds to each Lender its share, if any, of such payments received by 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 (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, 365 days or, if appropriate, 366 days). Whenever any payment to be made shall otherwise be due on a day which is not a Business Day in New YorkDay, such payment shall (except as otherwise required by clause (b) or (c) of the definition of the term ---------- --- "Interest Period") be made on the next succeeding Business Day and such extension of time shall be included in computing interest and fees, if any, in connection with such payment.

Appears in 1 contract

Samples: Revolving Credit Agreement (Sun International North America Inc)

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Payments, Computations, etc. Unless otherwise expressly provided herein (including as set forth in Section 2.3 and Section 4.5)provided, all payments by the Borrowers Borrower pursuant to this Agreement, the Notes Agreement or any other Loan Document shall be made by the Borrowers 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., Applicable TimeNew York time, 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. To Funds received after that time shall be deemed to have been received by the extent Agent on the Administrative Agent receives such funds prior to 12:00 noon, Applicable Time, the Administrative next succeeding Business Day. The Agent shall promptly remit in same day funds to each Lender its share, if any, of such payments received by 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 (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). Whenever any payment to be made shall otherwise be due on a day which is not a Business Day in New YorkDay, such payment shall (except as otherwise required by clause (bc) of the definition of the term "Interest Period"" with respect to LIBO Rate Loans) be made on the next succeeding Business Day and such extension of time shall be included in computing interest and fees, if any, in connection with such payment.

Appears in 1 contract

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

Payments, Computations, etc. Unless otherwise expressly provided herein (including as set forth in Section 2.3 and Section 4.5)provided, all payments by the Borrowers or on behalf of any Borrower pursuant to this Agreement, the Notes Notes, each Letter of Credit, the Additional TLCs or any other Loan Document shall be made by the Borrowers such 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.12:00 noon, Applicable TimeNew York time, 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. applicable Borrower. To the extent Funds received after that time shall be deemed to have been received by the Administrative Agent receives such funds prior to 12:00 noon, Applicable Time, on the next succeeding Business Day. The Administrative Agent shall promptly remit in same day funds to each Lender its share, if any, of such payments received by 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 (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, 365 days or, if appropriate, 366 days). Whenever any payment to be made shall otherwise be due on a day which is not a Business Day in New YorkDay, such payment shall (except as otherwise required by clause (bc) of the definition of the term "Interest Period") be made on the next succeeding Business Day and such extension of time shall be included in computing interest and fees, if any, in connection with such payment.

Appears in 1 contract

Samples: Credit Agreement (Weight Watchers International Inc)

Payments, Computations, etc. Unless otherwise expressly provided herein (including as set forth in Section 2.3 and Section 4.5)--------------------------- provided, all payments by the Borrowers Borrower pursuant to this Agreement, the Notes or any other Loan Document shall be made by the Borrowers 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., Applicable TimeNew York time, 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. To the extent Funds received after that time shall be deemed to have been received by the Administrative Agent receives such funds prior to 12:00 noon, Applicable Time, on the next succeeding Business Day. The Administrative Agent shall promptly remit in same day funds to each Lender its share, if any, of such payments received by 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 (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 365 or, if appropriate, 366 days (or, in the case of interest on a LIBO Rate Loan or a Base Rate Loan calculated at the Federal Funds Rate, 360 days). Whenever any payment to be made shall otherwise be due on a day which is not a Business Day in New YorkDay, such payment shall (except as otherwise required by clause (bc) of the definition of the term "Interest Period") be made on the next ---------- succeeding Business Day and such extension of time shall be included in computing interest and fees, if any, in connection with such payment.

Appears in 1 contract

Samples: Credit Agreement (Ameritel Pay Phones Inc)

Payments, Computations, etc. Unless otherwise expressly provided herein (including as set forth in Section 2.3 and Section 4.5)herein, all payments by the Borrowers Borrower pursuant to this Agreement, the Notes Notes, each Letter of Credit or any other Loan Document shall be made by the Borrowers 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., Applicable TimeNew York time, 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 written notice to the U.S. Borrower. To the extent Funds received after that time shall be deemed to have been received by the Administrative Agent receives such funds prior to 12:00 noon, Applicable Time, on the next succeeding Business Day. The Administrative Agent shall promptly remit in same day funds to each Lender its share, if any, of such payments received by the Administrative Agent for the account of such Lender. All interest (including interest on LIBO Rate Loans) 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 fee is payable over a year comprised of 360 days (or, in the case of interest on a Base Rate Loan, 365 days or, if appropriate, 366 days). Whenever any payment to be made shall otherwise be due on a day which is not a Business Day in New YorkDay, such payment shall (except as otherwise required by clause (bc) of the definition of the term "Interest Period") be made on the next succeeding Business Day and such extension of time shall be included in computing interest and fees, if any, in connection with such payment.

Appears in 1 contract

Samples: Secured Credit Agreement (Prosource Inc)

Payments, Computations, etc. Unless otherwise expressly provided herein (including as set forth in Section 2.3 and Section 4.5)provided, all payments by or on behalf of the Borrowers Borrower pursuant to this Agreement, the Notes or any other Loan Document shall be made by the Borrowers Borrower to the Administrative Agent for the PRO RATA account of the Lenders Lender Parties 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.12:30 p.m., Applicable TimeBoston, Massachusetts time, 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. To the extent Funds received after that time may be deemed by the Administrative Agent receives such funds prior to 12:00 noon, Applicable Time, 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 Party its share, if any, of such payments received by the Administrative Agent for the account of such LenderLender Party. 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 fee is payable over a year comprised of 360 days (or, in the case of interest on a Base Rate Loan, 365 days or, if appropriate, 366 days). Whenever any payment to be made shall otherwise be due on a day which is not a Business Day in New YorkDay, such payment shall (except as otherwise required by clause CLAUSE (bA) of the definition of the term "Interest PeriodINTEREST PERIOD") be made on the next succeeding Business Day and such extension of time shall be included in computing interest and fees, if any, in connection with such payment.

Appears in 1 contract

Samples: Credit Agreement (Advanstar Communications Inc)

Payments, Computations, etc. Unless otherwise expressly provided herein (including as set forth in Section 2.3 and Section 4.5)--------------------------- provided, all payments by or on behalf of the Borrowers Borrower pursuant to this Agreement, the Notes or any other Loan Document shall be made by the Borrowers Borrower to the Administrative Agent for the pro --- rata account of the Lenders Lender Parties 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.12:30 p.m., Applicable TimeBoston, Massachusetts time, 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. To the extent Funds received after that time may be deemed by the Administrative Agent receives such funds prior to 12:00 noon, Applicable Time, 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 Party its share, if any, of such payments received by the Administrative Agent for the account of such LenderLender Party. 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 fee is payable over a year comprised of 360 days (or, in the case of interest on a Base Rate Loan, 365 days or, if appropriate, 366 days). Whenever any payment to be made shall otherwise be due on a day which is not a Business Day in New YorkDay, such payment shall (except as otherwise required by clause (bi) of ---------- the definition of the term "Interest Period") be made on the next succeeding --------------- Business Day and such extension of time shall be included in computing interest and fees, if any, in connection with such payment.

Appears in 1 contract

Samples: Credit Agreement (Advanstar Inc)

Payments, Computations, etc. Unless otherwise expressly provided herein (including as set forth in Section 2.3 and Section 4.5)provided, all payments by the Borrowers Borrower pursuant to this Agreement, the Notes or any other Loan Document shall be made by the Borrowers Borrower to the Administrative Agent for the pro rata account of the Lenders entitled to receive such payment. All such payments The Borrower shall make each payment required to be made to the Administrative Agent shall be made, without setoff, deduction or counterclaim, not later than 11:00 a.m., Applicable Houston Time, 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. To the extent Funds received after that time shall be deemed to have been received by the Administrative Agent receives such funds prior to 12:00 noon, Applicable Time, on the next succeeding Business Day. The Administrative Agent shall promptly remit in same day funds to each Lender its share, if any, of such payments received by the Administrative Agent for the account of such Lender. All interest on LIBOR Loans and all fees shall be computed on the basis of the actual number of days (including the first day but 44 50 excluding the last day) occurring during the period for which such interest or fee is payable over a year comprised of 360 days and in the case of interest on a Prime Rate Loan, 365 days or, if appropriate, 366 days. Whenever any payment to be made shall otherwise be due on a day which is not a Business Day in New YorkDay, such payment 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 be included in computing interest and feesinterest, if any, in connection with such payment.

Appears in 1 contract

Samples: Credit Agreement (Pogo Producing Co)

Payments, Computations, etc. Unless otherwise expressly provided herein (including as set forth in Section 2.3 and Section 4.5)provided, all payments by the Borrowers SIHL, each other Borrower and each other Guarantor pursuant to this Agreement, the Notes Agreement or any other Loan Document shall be made by the Borrowers SIHL, such Guarantor and such Borrower (without duplication) 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 recoupment, deduction, counterclaim or counterclaimother defense, not later than 11:00 a.m.12:00 noon, Applicable TimeNew York time, 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. BorrowerBorrowers. To the extent Funds received after that time shall be deemed to have been received by the Administrative Agent receives on the next succeeding Business Day and such funds prior to 12:00 noonextension of time shall be included in computing interest and fees, Applicable Timeif any, the in connection with such extension. The Administrative Agent shall promptly remit in same day funds to each Lender its share, if any, of such payments received by 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 (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, 365 days or, if appropriate, 366 days). Whenever any payment to be made shall otherwise be due on a day which is not a Business Day in New YorkDay, such payment shall (except as otherwise required by clause CLAUSE (b) or (c) of the definition of the term "Interest Period") be made on the next succeeding Business Day and such extension of time shall be included in computing interest and fees, if any, in connection with such payment.

Appears in 1 contract

Samples: Revolving Credit Agreement (Sun International Hotels LTD)

Payments, Computations, etc. Unless otherwise expressly provided herein (including as set forth in Section 2.3 and Section 4.5)provided, all payments by the Borrowers Borrower pursuant to this Agreement, the Notes or any other Loan Document shall be made by the Borrowers 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., Applicable TimeNew York, New York time, 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. To the extent Funds received after that time shall be deemed to have been received by the Administrative Agent receives such funds prior to 12:00 noon, Applicable Time, on the next succeeding Business Day. The Administrative Agent shall promptly remit in same day funds to each Lender its share, if any, of such payments received by 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 (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 (when calculated with respect to the Federal Funds Rate) or 365 days or, if appropriate, 366 days. Whenever any payment to be made shall otherwise be due on a day which is not a Business Day in New YorkDay, such payment 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 be included in computing interest and fees, if any, in connection with such payment.

Appears in 1 contract

Samples: Credit Agreement (Aegis Communications Group Inc)

Payments, Computations, etc. Unless otherwise expressly provided herein (including as set forth in Section 2.3 and Section 4.5)--------------------------- provided, all payments by the Borrowers Borrower pursuant to this Agreement, the Notes Notes, each Letter of Credit or any other Loan Document shall be made by the Borrowers 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., Applicable TimeNew York time, 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. To the extent Funds received after that time shall be deemed to have been received by the Administrative Agent receives such funds prior to 12:00 noon, Applicable Time, on the next succeeding Business Day. The Administrative Agent shall promptly remit in same day funds to each Lender its share, if any, of such payments received by 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 (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 365 or, if appropriate, 366 days (or, in the case of interest on a LIBO Rate Loan or a Base Rate Loan calculated at the Federal Funds Rate, 360 days). Whenever any payment to be made shall otherwise be due on a day which is not a Business Day in New YorkDay, such payment shall (except as otherwise required by clause (bc) of the definition of the term ---------- "Interest Period") be made on the next succeeding Business Day and such extension of time shall be included in computing interest and fees, if any, in connection with such payment.

Appears in 1 contract

Samples: Credit Agreement (One Source Telecommunications Inc)

Payments, Computations, etc. Unless otherwise expressly provided herein (including as set forth in Section 2.3 and Section 4.5)a Loan Document, all payments by the Borrowers pursuant to this Agreement, the Notes or any other each Loan Document shall be made by the Borrowers to the Administrative Agent for the pro rata account of the Lenders Secured Parties entitled to receive such payment. All such payments required to shall be made to the Administrative Agent shall be made, without setoff, deduction or counterclaim, counterclaim not later than 11:00 a.m., Applicable Time, a.m. on the date due, due in same day or immediately available funds, funds to such account as the Administrative Agent shall specify from time to time by notice to the U.S. Administrative Borrower. To the extent Funds received after that time shall be deemed to have been received by the Administrative Agent receives such funds prior to 12:00 noon, Applicable Time, on the next succeeding Business Day. The Administrative Agent shall promptly remit in same day funds to each Lender Secured Party its share, if any, of such payments received by the Administrative Agent for the account of such LenderSecured Party. All interest (including interest on LIBO Rate Loans) and fees shall be computed on 45 Xxxx-Xxxxx Amended and Restated Credit Agreement 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 fee is payable over a year comprised of 360 days (or, in the case of interest on a Base Rate Loan, 365 days or, if appropriate, 366 days). Whenever any payment to be made shall otherwise be Payments due on a day which is not other than a Business Day in New York, such payment shall (except as otherwise required by clause (bc) of the definition of the term "Interest Period") be made on the next succeeding Business Day and such extension of time shall be included in computing interest and fees, if any, fees in connection with such that payment. The Administrative Agent shall apply amounts contained in the accounts of the Borrowers maintained with the Administrative Agent to amounts due to the Agents and the Lenders under the Loan Documents when due.

Appears in 1 contract

Samples: Credit Agreement (Winn Dixie Stores Inc)

Payments, Computations, etc. Unless otherwise expressly provided herein (including as set forth in Section 2.3 and Section 4.5)provided, all payments or prepayment by the Borrowers Borrower pursuant to this Agreement, the Notes Agreement or any other Loan Document shall be made by the Borrowers Borrower to the Administrative Agent for the pro rata account of the Lenders entitled to receive such paymentpayment or prepayment. All such payments or prepayments required to be made to the Administrative Agent shall be made, without setoff, deduction or counterclaim, not later than 11:00 a.m.1:00 p.m., Applicable TimeCentral time, 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. To the extent Funds received after that time shall be deemed to have been received by the Administrative Agent receives such funds prior to 12:00 noon, Applicable Time, on the next succeeding Business Day. The Administrative Agent shall promptly remit in same day funds to each Lender its share, if any, of such payments received by 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 (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, 365 days or, if appropriate, 366 days). Whenever any payment to be made shall otherwise be due on a day which is not a Business Day in New YorkDay, such payment shall (except as otherwise required by clause (b) of the definition of the term "Interest Period"” with respect to Eurodollar Loans) be made on the next succeeding Business Day and such extension of time shall be included in computing interest and fees, if any, in connection with such payment.

Appears in 1 contract

Samples: Credit Agreement (Cimarex Energy Co)

Payments, Computations, etc. Unless otherwise expressly provided herein (including as set forth in Section 2.3 and Section 4.5)provided, all payments by the Borrowers Borrower pursuant to this Agreement, the Notes or any other Loan Document shall be made by the Borrowers 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., Applicable TimeCentral time, 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. To the extent Funds received after that time shall be deemed to have been received by the Administrative Agent receives such funds prior to 12:00 noon, Applicable Time, on the next succeeding Business Day. The Administrative Agent shall promptly remit in same day funds to each Lender its share, if any, of such payments received by 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 (including the first day but excluding the last day) occurring during the period for which such interest or fee is payable over a 40 year comprised of 360 days (or, in the case of interest on a Base Rate Loan, 365 days or, if appropriate, 366 days). Whenever any payment to be made shall otherwise be due on a day which is not a Business Day in New YorkDay, such payment shall (except as otherwise required by clause CLAUSE (bc) of the definition of the term "Interest Period"INTEREST PERIOD" with respect to LIBO Rate Loans) be made on the next succeeding Business Day and such extension of time shall be included in computing interest and fees, if any, in connection with such payment.

Appears in 1 contract

Samples: Credit Agreement (Markwest Hydrocarbon Inc)

Payments, Computations, etc. Unless otherwise expressly provided herein (including as set forth in Section 2.3 and Section 4.5)provided, all payments by or on behalf of the Borrowers Borrower pursuant to this Agreement, the Notes Notes, each Letter of Credit or any other Loan Document shall be made by the Borrowers 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.12:00 noon, Applicable TimeNew York time, 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. To the extent Funds received after that time shall be deemed to have been received by the Administrative Agent receives such funds prior to 12:00 noon, Applicable Time, on the next succeeding Business Day. The Administrative Agent shall promptly remit in same day funds to each Lender its share, if any, of such payments received by 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 (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, 365 days or, if appropriate, 366 days). Whenever any payment to be made shall otherwise be due on a day which is not a Business Day in New YorkDay, such payment shall (except as otherwise required by clause (bc) of the definition of the term "Interest Period") " be made on the next succeeding Business Day and such extension of time shall be included in computing interest and fees, if any, in connection with such payment.

Appears in 1 contract

Samples: Credit Agreement (Pasta Group L L C)

Payments, Computations, etc. Unless --------------------------- otherwise expressly provided herein (including as set forth in Section 2.3 and Section 4.5)provided, all payments by the Borrowers or on behalf of each Borrower pursuant to this Agreement, the Notes or any other Loan Document shall be made by the Borrowers such 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., Applicable TimeNew York time, 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. BorrowerParent. To the extent Funds received after that time shall be deemed to have been received by the Administrative Agent receives such funds prior to 12:00 noon, Applicable Time, on the next succeeding Business Day. The Administrative Agent shall promptly remit in same day funds to each Lender its share, if any, of such payments received by 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 (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). Whenever any payment to be made shall otherwise be due on a day which is not a Business Day in New YorkDay, such payment shall (except as otherwise required by clause (bc) of the definition of the term "Interest Period") be made on the next succeeding Business Day and such extension of time shall be included in computing interest and fees, if any, in connection with such payment.

Appears in 1 contract

Samples: Credit Agreement (Triarc Companies Inc)

Payments, Computations, etc. (a) Unless otherwise expressly provided herein (including as set forth in Section 2.3 and Section 4.5)provided, all payments by the Borrowers KIL, each other Borrower and each other Guarantor pursuant to this Agreement, the Notes Agreement or any other Loan Document shall be made by the Borrowers KIL, such Guarantor and such Borrower (without duplication) 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 recoupment, deduction, counterclaim or counterclaimother defense, not later than 11:00 a.m.12:00 noon, Applicable TimeNew York time, 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. BorrowerBorrowers. To the extent Funds received after that time shall be deemed to have been received by the Administrative Agent receives on the next succeeding Business Day and such funds prior to 12:00 noonextension of time shall be included in computing interest and fees, Applicable Timeif any, the in connection with such extension. The Administrative Agent shall promptly remit in same day funds to each Lender its share, if any, of such payments received by 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 (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, 365 days or, if appropriate, 366 days). Whenever any payment to be made shall otherwise be due on a day which is not a Business Day in New YorkDay, such payment shall (except as otherwise required by clause (b) or (c) of the definition of the term "Interest Period") be made on the next succeeding Business Day and such extension of time shall be included in computing interest and fees, if any, in connection with such payment.

Appears in 1 contract

Samples: Credit Agreement (Kerzner International LTD)

Payments, Computations, etc. Unless otherwise expressly provided herein (including as set forth in Section 2.3 and Section 4.5)provided, all payments by the Borrowers or on behalf of any Borrower pursuant to this Agreement, the Notes Notes, each Letter of Credit, the Additional TLCs or any other Loan Document shall be made by the Borrowers such 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.12:00 noon, Applicable TimeNew York time, 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. applicable Borrower. To the extent Funds received after that time shall be deemed to have been received by the Administrative Agent receives such funds prior to 12:00 noon, Applicable Time, on the next succeeding Business Day. The Administrative Agent shall promptly remit in same day funds to each Lender its share, if any, of such payments received by 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 (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, 365 days or, if appropriate, 366 days). Whenever any payment to be made shall otherwise be due on a day which is not a Business Day in New YorkDay, such payment shall (except as otherwise required by clause CLAUSE (bC) of the definition of the term "Interest Period") be made on the next succeeding Business Day and such extension of time shall be included in computing interest and fees, if any, in connection with such payment.

Appears in 1 contract

Samples: Credit Agreement (Weight Watchers International Inc)

Payments, Computations, etc. Unless otherwise expressly provided herein (including as set forth in Section 2.3 and Section 4.5)provided, all payments by the Borrowers Borrower pursuant to this Agreement, the Notes or any other Loan Document shall be made by the Borrowers 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.1:00 p.m., Applicable TimeChicago time, 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. To Funds received after that time shall be deemed to have been received by the extent Agent on the Administrative Agent receives such funds prior to 12:00 noon, Applicable Time, the Administrative next succeeding Business Day. The Agent shall promptly remit in same day funds to each Lender its share, if any, of such payments received by the Administrative Agent for the account of such Lender. All interest (other than interest computed at the Alternate Base Rate) 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 fee is payable over a year comprised of 360 days. Interest computed at the 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 interest is payable over a year comprised of 365 or 366 days, as the case may be. Whenever any payment to be made shall otherwise be due on a day which is not a Business Day in New YorkDay, such payment shall (except as otherwise required by clause CLAUSE (bc) of the definition of the term "Interest Period"INTEREST PERIOD" with respect to Eurodollar Rate Loans) be made on the next succeeding Business Day and such extension of time shall be included in computing interest and fees, if any, in connection with such payment.. SECTION 5.8

Appears in 1 contract

Samples: Credit Agreement (Cornerstone Propane Partners Lp)

Payments, Computations, etc. Unless otherwise expressly provided herein (including as set forth in Section 2.3 and Section 4.5)provided, all payments by or on behalf of the Borrowers pursuant to this Agreement, the Notes Agreement or any other Loan Document shall be made by the Borrowers to the Administrative Agent for the pro rata account of the Lenders Lenders, Agents or Arranger, 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.1:00 p.m., Applicable TimeNew York time, 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. Company and the applicable Borrower. To the extent Funds received after that time shall be deemed to have been received by the Administrative Agent receives such funds prior to 12:00 noon, Applicable Time, on the next succeeding Business Day. The Administrative Agent shall promptly remit in same day funds to each Lender Lender, Agent or Arranger, as the case may be, its share, if any, of such payments received by 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 (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, 365 days or, if appropriate, 366 days). Whenever any payment to be made shall otherwise be due on a day which is not a Business Day in New YorkDay, such payment shall (except as otherwise required by clause (bi) of the definition of the term "Interest Period") be made on the next succeeding Business Day and such extension of time shall be included in computing interest and fees, if any, in connection with such payment.

Appears in 1 contract

Samples: Credit Agreement (Thermadyne Holdings Corp /De)

Payments, Computations, etc. Unless otherwise expressly provided herein (including as set forth in Section 2.3 and Section 4.5)provided, all payments by the Borrowers Borrower pursuant to this Agreement, the Notes or any other Loan Document shall be made by the Borrowers 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., Applicable TimeCentral time, 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. To the extent Funds received after that time shall be deemed to have been received by the Administrative Agent receives such funds prior to 12:00 noon, Applicable Time, on the next succeeding Business Day. The Administrative Agent shall promptly remit in same day funds to each Lender its share, if any, of such payments received by 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 (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, 365 days or, if appropriate, 366 days). Whenever any payment to be made shall otherwise be due on a day which is not a Business Day in New YorkDay, such payment shall (except as otherwise required by clause CLAUSE (bc) of the definition of the term "Interest Period"INTEREST PERIOD" with respect to LIBO Rate Loans) be made on the next succeeding Business Day and such extension of time shall be included in computing interest and fees, if any, in connection with such payment.

Appears in 1 contract

Samples: Credit Agreement (Markwest Hydrocarbon Inc)

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