Common use of Payments Generally; Pro Rata Treatment Clause in Contracts

Payments Generally; Pro Rata Treatment. (a) The Borrower shall make each payment required to be made by it hereunder (whether of principal, interest or fees, or of amounts payable under Section 2.13, 2.14 or 2.15, or otherwise) prior to 12:00 (noon), New York City time, on the date when due, in immediately available funds, without set-off or counterclaim. Any amounts received after such time on any date may, in the discretion of the Administrative Agent, be deemed to have been received on the next succeeding Business Day for purposes of calculating interest thereon. All such payments shall be made to the Administrative Agent at such account in New York, New York as the Administrative Agent shall from time to time specify by notice, except that payments pursuant to Sections 2.10(b), 2.10(c), 2.13, 2.14, 2.15 and 9.03 shall be made directly to the Persons entitled thereto. The Administrative Agent shall distribute any such payments received by it for the account of any other Person to the appropriate recipient promptly following receipt thereof. If any payment under this Agreement shall be due on a day that is not a Business Day, the date for payment shall be extended to the next succeeding Business Day, and, in the case of any payment accruing interest, interest thereon shall be payable for the period of such extension. All payments under this Agreement shall be made in Dollars.

Appears in 6 contracts

Samples: Credit Agreement (At&t Latin America Corp), Credit Agreement (At&t Latin America Corp), Credit Agreement (At&t Latin America Corp)

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Payments Generally; Pro Rata Treatment. (a) The Borrower shall make each payment or prepayment required to be made by it hereunder (whether of principal, interest interest, fees or feesreimbursement of LC Disbursements, or of amounts payable under Section 2.13Sections 2.15, 2.14 2.16 or 2.152.17, or otherwise) prior to 12:00 (noon), New York City time, on the date when due, in immediately available funds, without set-set off or counterclaim. Any amounts received after such time on any date may, in the discretion of the Administrative Agent, be deemed to have been received on the next succeeding Business Day for purposes of calculating interest thereon. All such payments shall be made to the Administrative Agent at such account in New Yorkits offices at 000 Xxxx Xxxxxx, New York Xxx Xxxx, Xxx Xxxx, except payments to be made directly to the Issuing Lender or Swing Line Lender as the Administrative Agent shall from time to time specify by notice, expressly provided herein and except that payments pursuant to Sections 2.10(b)2.15, 2.10(c)2.16, 2.13, 2.14, 2.15 2.17 and 9.03 10.05 shall be made directly to the Persons entitled thereto. The Administrative Agent shall distribute any such payments received by it for the account of any other Person to the appropriate recipient promptly following receipt thereof. If any payment under this Agreement hereunder shall be due on a day that is not a Business Day, the date for payment shall be extended to the next succeeding Business Day, and, in the case of any payment accruing interest, interest thereon shall be payable for the period of such extension. All payments under this Agreement hereunder shall be made in Dollars.

Appears in 2 contracts

Samples: Revolving Credit and Guaranty (Tower International, Inc.), Credit and Guaranty Agreement (Tower Automotive, LLC)

Payments Generally; Pro Rata Treatment. (a) The Borrower shall make each payment or prepayment required to be made by it hereunder (whether of principal, interest interest, or fees, fees or of amounts payable under Section 2.13, 2.14 or 2.15, or otherwise) prior to 12:00 (noon)1:00 p.m., New York City time, on the date when due, in immediately available funds, without set-set off or counterclaim. Any amounts received after such time on any date may, in the reasonable discretion of the Administrative Agent, be deemed to have been received on the next succeeding Business Day for purposes of calculating interest thereon. All such payments shall be made to the Administrative Agent at such account in New Yorkits offices at 000 Xxxxxxx Xxxxxx, New York as Xxx Xxxx, Xxx Xxxx, pursuant to wire instructions to be provided by the Administrative Agent shall from time to time specify by noticeAgent, except that payments pursuant to Sections 2.10(b), 2.10(c), 2.13, 2.14, 2.15 and 9.03 10.04 shall be made directly to the Persons entitled thereto. The Administrative Agent shall distribute any such payments received by it for the account of any other Person to the appropriate recipient promptly following receipt thereof. If any payment under this Agreement hereunder shall be due on a day that is not a Business Day, the date for payment shall be extended to the next succeeding Business Day, and, in the case of any payment accruing interest, interest thereon shall be payable for the period of such extension. All payments under this Agreement hereunder shall be made in Dollarsthe applicable currency.

Appears in 2 contracts

Samples: Credit Agreement (Delta Air Lines, Inc.), Loan Credit Agreement (Delta Air Lines, Inc.)

Payments Generally; Pro Rata Treatment. (a) The Borrower shall make each payment or prepayment required to be made by it hereunder (whether of principal, interest or fees, or of amounts payable under Section 2.13, 2.14 or 2.15, or otherwise) prior to 12:00 (noon)1:00 p.m., New York City time, on the date when due, in immediately available funds, without set-off or counterclaim. Any amounts received after such time on any date may, in the reasonable discretion of the Administrative Agent, be deemed to have been received on the next succeeding Business Day for purposes of calculating interest thereon. All such payments shall be made to the Administrative Agent at such account in New Yorkits offices at 000 0xx Xxxxxx, New York as Xxx Xxxx, Xxx Xxxx 00000, pursuant to wire instructions to be provided by the Administrative Agent shall from time to time specify by noticeAgent, except that payments pursuant to Sections 2.10(b), 2.10(c), 2.13, 2.14, 2.15 and 9.03 10.04 shall be made directly to the Persons entitled thereto. The Administrative Agent shall distribute any such payments received by it for the account of any other Person to the appropriate recipient promptly following receipt thereof. If any payment under this Agreement hereunder shall be due on a day that is not a Business Day, the date for payment shall be extended to the next succeeding Business Day, and, in the case of any payment accruing interest, interest thereon shall be payable for the period of such extension. All payments under this Agreement hereunder shall be made in U.S. Dollars.

Appears in 1 contract

Samples: Term Loan Credit Agreement (Jetblue Airways Corp)

Payments Generally; Pro Rata Treatment. (a) The Borrower shall make each payment or prepayment required to be made by it hereunder (whether of principal, interest interest, fees or fees, or reimbursement of amounts payable under Section 2.12 or 2.13, 2.14 or 2.15, or otherwise) prior to 12:00 (noon)1:00 p.m., New York City time, on the date when due, in immediately available funds, without set-off or counterclaim. Any amounts received after such time on any date may, in the reasonable discretion of the Administrative Agent, be deemed to have been received on the next succeeding Business Day for purposes of 42 calculating interest thereon. All such payments shall be made to the Administrative Agent at such account in New Yorkits offices at 000 Xxxx Xxxxxx, New York as Xxx Xxxx, XX 00000, pursuant to wire instructions to be provided by the Administrative Agent shall from time to time specify by noticeAgent, except that payments pursuant to Sections 2.10(b)2.12, 2.10(c), 2.13, 2.14, 2.15 2.13 and 9.03 10.04 shall be made directly to the Persons entitled thereto. The Administrative Agent shall distribute any such payments received by it for the account of any other Person to the appropriate recipient promptly following receipt thereof. If any payment under this Agreement hereunder shall be due on a day that is not a Business Day, the date for payment shall be extended to the next succeeding Business Day, Day (and, in the case of any payment accruing interest, interest thereon shall be payable for the period of such extension), unless, in the case of scheduled payments of interest and principal, such next succeeding Business Day would fall in the next calendar month, in which case the date for payment shall be the next preceding Business Day. All payments under this Agreement hereunder shall be made in U.S. Dollars.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Allegiant Travel CO)

Payments Generally; Pro Rata Treatment. (a) The Borrower shall make each payment or prepayment required to be made by it hereunder (whether of principal, interest interest, or fees, fees or of amounts payable under Section 2.13, 2.14 or 2.15, or otherwise) prior to 12:00 (noon)1:00 p.m., New York City time, on the date when due, in immediately available funds, without set-off or counterclaim. Any amounts received after such time on any date may, in the reasonable discretion of the Administrative Agent, be deemed to have been received on the next succeeding Business Day for purposes of calculating interest thereon. All such payments shall be made to the Administrative Agent at such account in New Yorkits offices at 000 Xxxxxxx Xxxxxx, New York as Xxx Xxxx, Xxx Xxxx, pursuant to wire instructions to be provided by the Administrative Agent shall from time to time specify by noticeAgent, except that payments pursuant to Sections 2.10(b), 2.10(c), 2.13, 2.14, 2.15 and 9.03 10.04 shall be made directly to the Persons entitled thereto. The Administrative Agent shall distribute any such payments received by it for the account of any other Person to the appropriate recipient promptly following receipt thereof. If any payment under this Agreement hereunder shall be due on a day that is not a Business Day, the #10384228v33 date for payment shall be extended to the next succeeding Business Day, and, in the case of any payment accruing interest, interest thereon shall be payable for the period of such extension. All payments under this Agreement hereunder shall be made in Dollarsthe applicable currency.

Appears in 1 contract

Samples: Term Loan Credit Agreement (Delta Air Lines, Inc.)

Payments Generally; Pro Rata Treatment. (a) The Borrower shall make each payment or prepayment required to be made by it hereunder (whether of principal, interest or fees, or of amounts payable under Section 2.13, 2.14 or 2.15, or otherwise) prior to 12:00 (noon)1:00 p.m., New York City time, on the date when due, in immediately available funds, without set-off or counterclaim. Any amounts received after such time on any date may, in the reasonable discretion of the Administrative Agent, be deemed to have been received on the next succeeding Business Day for purposes of calculating interest thereon. All such payments shall be made to the Administrative Agent at such account in New Yorkits offices at 0000 Xxxxxxxx, New York as Xxx Xxxx, XX 00000, pursuant to wire instructions to be provided by the Administrative Agent shall from time to time specify by noticeAgent, except that payments pursuant to Sections 2.10(b), 2.10(c), 2.13, 2.14, 2.15 and 9.03 10.04 shall be made directly to the Persons entitled thereto. The Administrative Agent shall distribute any such payments received by it for the account of any other Person to the appropriate recipient promptly following receipt thereof. If any payment under this Agreement hereunder shall be due on a day that is not a Business Day, the date for payment shall be extended to the next succeeding Business Day, and, in the case of any payment accruing interest, interest thereon shall be payable for the period of such extension. All payments under this Agreement hereunder shall be made in U.S. Dollars.

Appears in 1 contract

Samples: Mortgage and Security Agreement (Jetblue Airways Corp)

Payments Generally; Pro Rata Treatment. (a) The Borrower shall make each payment or prepayment required to be made by it hereunder (whether of principal, interest or fees, or of amounts payable under Section 2.13, 2.14 or 2.15, or otherwise) prior to 12:00 (noon)1:00 p.m., New York City time, on the date when due, in immediately available funds, without set-off or counterclaim. Any amounts received after such time on any date may, in the reasonable discretion of the Administrative Agent, be deemed to have been received on the next succeeding Business Day for purposes of calculating interest thereon. All such payments shall be made to the Administrative Agent at such account in New Yorkits offices at 200 Xxxx Xxxxxx, New York as Xxx Xxxx, XX 00000, pursuant to wire instructions to be provided by the Administrative Agent shall from time to time specify by noticeAgent, except that payments pursuant to Sections 2.10(b), 2.10(c), 2.13, 2.14, 2.15 and 9.03 10.04 shall be made directly to the Persons entitled thereto. The Administrative Agent shall distribute any such payments received by it for the account of any other Person to the appropriate recipient promptly following receipt thereof. If any payment under this Agreement hereunder shall be due on a day that is not a Business Day, the date for payment shall be extended to the next succeeding Business Day, Day (and, in the case of any payment accruing interest, interest thereon shall be payable for the period of such extension), unless such next succeeding Business Day would fall in the next calendar month, in which case the date for payment shall be the next preceding Business Day. All payments under this Agreement hereunder shall be made in U.S. Dollars.

Appears in 1 contract

Samples: Mortgage and Security Agreement (United Airlines, Inc.)

Payments Generally; Pro Rata Treatment. (a) The Borrower shall make each payment or prepayment required to be made by it hereunder (whether of principal, interest or fees, or of amounts payable under Section 2.12 or 2.13, 2.14 or 2.15, or otherwise) prior to 12:00 (noon)1:00 p.m., New York City time, on the date when due, in immediately available funds, without set-off or counterclaim. Any amounts received after such time on any date may, in the reasonable discretion of the Administrative Agent, be deemed to have been received on the next succeeding Business Day for purposes of calculating interest thereon. All such payments shall be made to the Administrative Agent at such account in New Yorkits offices at 00 Xxxxxx Xxxxxx, New York as 17th Floor, Jersey City, NJ 07302, pursuant to wire instructions to be provided by the Administrative Agent shall from time to time specify by noticeAgent, except that payments pursuant to Sections 2.10(b)2.12, 2.10(c), 2.13, 2.14, 2.15 2.13 and 9.03 10.04 shall be made directly to the Persons entitled thereto. The Administrative Agent shall distribute any such payments received by it for the account of any other Person to the appropriate recipient promptly following receipt thereof. If any payment under this Agreement hereunder shall be due on a day that is not a Business Day, the date for payment shall be extended to the next succeeding Business Day, and, in the case of any payment accruing interest, interest thereon shall be payable for the period of such extension. All payments under this Agreement hereunder shall be made in Dollarsdollars.

Appears in 1 contract

Samples: Intercreditor Agreement (Delta Air Lines Inc /De/)

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Payments Generally; Pro Rata Treatment. (a) The Borrower shall make each payment or prepayment required to be made by it hereunder (whether of principal, interest interest, fees or feesreimbursement of LC Disbursements, or of amounts payable under Section 2.13Sections 2.15, 2.14 2.16 or 2.152.17, or otherwise) prior to 12:00 (noon), New York City time, on the date when due, in immediately available funds, without set-set off or counterclaim. Any amounts received after such time on any date may, in the discretion of the Administrative Agent, be deemed to have been received on the next succeeding Business Day for purposes of calculating interest thereon. All such payments shall be made to the Administrative account of the Agent at most recently designated by it for such account in New Yorkpurpose by notice to the Borrowers, New York except payments to be made directly to the Issuing Lender as the Administrative Agent shall from time to time specify by notice, expressly provided herein and except that payments pursuant to Sections 2.10(b)2.15, 2.10(c)2.16, 2.13, 2.14, 2.15 2.17 and 9.03 10.05 shall be made directly to the Persons entitled thereto. The Administrative Agent shall distribute any such payments received by it for the account of any other Person to the appropriate recipient promptly following receipt thereof, provided that reimbursement of LC Disbursements in respect of Letters of Credit shall be deposited by the Agent in the Deposit Account to the extent provided in Section 2.14. If any payment under this Agreement hereunder shall be due on a day that is not a Business Day, the date for payment shall be extended to the next succeeding Business Day, and, in the case of any payment accruing interest, interest thereon shall be payable for the period of such extension. All payments under this Agreement hereunder in respect of the Euro Loans shall be made in Euros; all other payments hereunder shall be made in Dollars.

Appears in 1 contract

Samples: Loan and Guaranty Agreement (Tower Automotive, LLC)

Payments Generally; Pro Rata Treatment. (a) The Borrower shall make each payment or prepayment required to be made by it hereunder (whether of principal, interest or fees, or of amounts payable under Section 2.12 or 2.13, 2.14 or 2.15, or otherwise) prior to 12:00 (noon)1:00 p.m., New York City time, on the date when due, in immediately available funds, without set-off or counterclaim. Any amounts received after such time on any date may, in the reasonable discretion of the Administrative Agent, be deemed to have been received on the next succeeding Business Day for purposes of calculating interest thereon. All such payments shall be made to the Administrative Agent at such account in New Yorkits offices at 30 Xxxxxx Xxxxxx, New York as 17th Floor, Jersey City, NJ 07302, pursuant to wire instructions to be provided by the Administrative Agent shall from time to time specify by noticeAgent, except that payments pursuant to Sections 2.10(b)2.12, 2.10(c), 2.13, 2.14, 2.15 2.13 and 9.03 10.04 shall be made directly to the Persons entitled thereto. The Administrative Agent shall distribute any such payments received by it for the account of any other Person to the appropriate recipient promptly following receipt thereof. If any payment under this Agreement hereunder shall be due on a day that is not a Business Day, the date for payment shall be extended to the next succeeding Business Day, and, in the case of any payment accruing interest, interest thereon shall be payable for the period of such extension. All payments under this Agreement hereunder shall be made in Dollarsdollars.

Appears in 1 contract

Samples: Term Loan and Guaranty Agreement (Delta Air Lines Inc /De/)

Payments Generally; Pro Rata Treatment. (a) The Borrower shall make each payment required to be made by it hereunder (whether of principal, interest or interest, fees, or of amounts payable under Section 2.13, 2.14 or 2.15, 2.11 or otherwise) prior to 12:00 (noon), New York City Los Angeles time, on the date when due, in immediately available funds, without set-off or counterclaim. Any amounts received after such time on any date may, in the discretion of the Administrative Agent, be deemed to have been received on the next succeeding Business Day for purposes of calculating interest thereon. All such payments shall be made to the Administrative Agent at its offices at Xxxx Xxxx Xxxxx, Xxxxx 000 Xxxxxx, Xxxxxxxxxx 00000, or to such account as may be designated by Administrative Agent at a commercial banking institution and otherwise in New York, New York accordance with such payment instructions as may be delivered to the Borrower by the Administrative Agent shall from time to time specify by notice, except that payments pursuant to Sections 2.10(b), 2.10(c), 2.13, 2.14, 2.15 and 9.03 shall be made directly to the Persons entitled theretoAgent. The Administrative Agent shall distribute any such payments received by it for the account of any other Person to the appropriate recipient promptly following receipt thereof. If any payment under this Agreement hereunder shall be due on a day that is not a Business Day, the date for payment shall be extended to the next succeeding Business Day, and, in the case of any payment accruing interest, interest thereon shall be payable for the period of such extension. All payments under this Agreement hereunder shall be made in Dollarsdollars.

Appears in 1 contract

Samples: Credit Agreement (Manhattan Bancorp)

Payments Generally; Pro Rata Treatment. (a) The Borrower shall make each payment or prepayment required to be made by it hereunder (whether of principal, interest or fees, or of amounts payable under Section 2.13, 2.14 or 2.15, or otherwise) prior to 12:00 (noon)1:00 p.m., New York City time, on the date when due, in immediately available funds, without set-off or counterclaim. Any amounts received after such time on any date may, in the reasonable discretion of the Administrative Agent, be deemed to have been received on the next succeeding Business Day for purposes of calculating interest thereon. All such payments shall be made to the Administrative Agent at such account in New Yorkits offices at 000 Xxxx Xxxxxx, New York as Xxx Xxxx, XX 00000, pursuant to wire instructions to be provided by the Administrative Agent shall from time to time specify by noticeAgent, except that payments pursuant to Sections 2.10(b), 2.10(c), 2.13, 2.14, 2.15 and 9.03 10.04 shall be made directly to the Persons entitled thereto. The Administrative Agent shall distribute any such payments received by it for the account of any other Person to the appropriate recipient promptly following receipt thereof. If any payment under this Agreement hereunder shall be due on a day that is not a Business Day, the date for payment shall be extended to the next succeeding Business Day, Day (and, in the case of any payment accruing interest, interest thereon shall be payable for the period of such extension), unless such next succeeding Business Day would fall in the next calendar month, in which case the date for payment shall be the next preceding Business Day. All payments under this Agreement hereunder shall be made in U.S. Dollars.. UAL Term Loan Credit Agreement 2020

Appears in 1 contract

Samples: Mortgage and Security Agreement (United Airlines, Inc.)

Payments Generally; Pro Rata Treatment. (a) The Borrower shall make each payment required to be made by it hereunder (whether of principal, interest or feesinterest, fees or of amounts payable under Section 2.132.18, 2.14 2.19 or 2.152.20, or otherwise) prior to 12:00 1:00 p.m. (noonAtlanta, Georgia time), New York City time, on the date when due, in immediately available funds, without free and clear of any defenses, rights of set-off off, counterclaim, or counterclaimwithholding or deduction of taxes. Any amounts received after such time on any date may, in the discretion of the Administrative Agent, be deemed to have been received on the next succeeding Business Day for purposes of calculating interest thereon. All such payments shall be made to the Administrative Agent at such account in New York, New York as the Administrative Agent shall from time to time specify by noticePayment Office, except that payments pursuant to Sections 2.10(b)2.18, 2.10(c), 2.13, 2.14, 2.15 2.19 and 9.03 2.20 and 10.3 shall be made directly to the Persons entitled thereto. The Administrative Agent shall distribute any such payments received by it for the account of any other Person to the appropriate recipient promptly following receipt thereof. If any payment under this Agreement hereunder shall be due on a day that is not a Business Day, the date for payment shall be extended to the next succeeding Business Day, and, in the case of any payment accruing interest, interest thereon shall be made payable for the period of such extension. All payments under this Agreement hereunder shall be made in Dollars.

Appears in 1 contract

Samples: Revolving Credit Agreement (Haverty Furniture Companies Inc)

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