Common use of Payments Generally Clause in Contracts

Payments Generally. Each Borrower shall make each payment and prepayment required to be made by it hereunder (whether of principal, interest, fees or reimbursement of LC Disbursements, or 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 and prepayments shall be made to the Administrative Agent at such of its offices in New York City as shall be notified to the relevant parties from time to time, except payments to be made directly to an Issuing Lender as expressly provided herein and except that payments pursuant to Sections 2.13, 2.14, 2.15 and 10.03 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, and no Borrower shall have any liability in the event timely or correct distribution of such payments is not so made. If any payment or prepayment hereunder shall be due on a day that is not a Business Day, the date for payment or prepayment, as the case may be, shall be extended to the next succeeding Business Day, and, in the case of any payment or prepayment accruing interest, interest thereon shall be payable for the period of such extension. All payments and prepayments hereunder shall be made in U.S. dollars.

Appears in 9 contracts

Samples: Credit Agreement (Lamar Media Corp/De), Credit Agreement (Lamar Media Corp/De), Credit Agreement (Lamar Media Corp/De)

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Payments Generally. Each Borrower shall make each payment and prepayment required to be made by it hereunder or under any other Loan Document (whether of principal, interest, fees or reimbursement of LC DisbursementsReimbursement Obligations, or of amounts payable under Section 2.12, 2.13, 2.14 2.15 or 2.1510.03, or otherwise) on or before the time expressly required hereunder or under such other Loan Document for such payment (or, if no such time is expressly required, prior to 12:00 noon2:00 p.m., New York City time), on the date when due, in immediately available funds, without set-off setoff, deduction 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 and prepayments shall be made to the Administrative Agent at such of its offices in New York City as shall be notified to the relevant parties from time to timeat 000 Xxxxxxxxxx Xxxxxxxxx, Xxxxxxxx, Xxxxxxxxxxx, except payments to be made directly to an the Issuing Bank or Swingline Lender as expressly provided herein and except that payments pursuant to Sections 2.12, 2.13, 2.14, 2.15 and 10.03 shall be made directly to the Persons persons entitled theretothereto and payments pursuant to other Loan Documents shall be made to the persons specified therein. The Administrative Agent shall distribute any such payments received by it for the account of any other Person person to the appropriate recipient promptly following receipt thereof, and no Borrower shall have any liability in the event timely or correct distribution of such payments is not so made. If any payment or prepayment hereunder under any Loan Document shall be due on a day that is not a Business Day, unless specified otherwise, the date for payment or prepayment, as the case may be, shall be extended to the next succeeding Business Day, and, in the case of any payment or prepayment accruing interest, interest thereon shall be payable for the period of such extension. All payments and prepayments hereunder under each Loan Document shall be made in U.S. dollars, except as expressly specified otherwise.

Appears in 7 contracts

Samples: Credit Agreement (Mattress Firm Holding Corp.), Credit Agreement (Mattress Firm Holding Corp.), Credit Agreement (Mattress Firm Holding Corp.)

Payments Generally. Each Unless otherwise specified, Borrower shall make each payment and prepayment required to be made by it hereunder (whether of principal, interest, fees or reimbursement of LC Disbursements, or amounts payable under Section 2.133.6, 2.14 3.7 or 2.15, 3.8 or otherwise) prior to 12:00 noon10:00 a.m., New York City time, on the date when due, in immediately available funds, without condition or deduction for any defense, recoupment, 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 and prepayments shall be made to the Administrative Agent at such of its offices in New York City as shall be notified to the relevant parties from time applicable account designated to timeBorrower by Administrative Agent, except payments to be made directly to an Issuing Lender as expressly provided herein and except that payments pursuant to Sections 2.133.6, 2.143.7, 2.15 3.8 and 10.03 12.10 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, and no Borrower shall have any liability in the event timely or correct distribution of such payments is not so made. If any payment or prepayment hereunder shall be due on a day that is not a Business Day, the date for payment or prepayment, as the case may be, shall be extended to the next succeeding Business Day (or, in the event that the next succeeding Business Day falls in the succeeding calendar month, the immediately preceding Business Day), and, in the case of any payment or prepayment accruing interest, interest thereon shall be payable for the period of such extension. All payments and prepayments hereunder of (a) principal or interest in respect of any Term Loan or (b) any other amount due hereunder or under any other Credit Document shall be made in U.S. dollarsDollars. Any payment required to be made by Administrative Agent hereunder shall be deemed to have been made by the time required if Administrative Agent shall, at or before such time, have taken the necessary steps to make such payment in accordance with the regulations or operating procedures of the clearing or settlement system used by Administrative Agent to make such payment. Unless Administrative Agent shall have received notice from Borrower prior to the date on which any payment is due to Administrative Agent for the account of the Lenders hereunder that Borrower will not make such payment, Administrative Agent may assume that Borrower has made such payment on such date in accordance herewith and may, in reliance upon such assumption, distribute to the Lenders the amount due. In such event, if Borrower has not in fact made such payment, then each of the Lenders severally agrees to repay to Administrative Agent forthwith on demand the amount so distributed to such Lender with interest thereon, for each day from and including the date such amount is distributed to it to but excluding the date of payment to Administrative Agent, at the greater of (i) the Overnight LIBO Rate and (ii) a rate reasonably determined by Administrative Agent in accordance with banking industry rules on interbank compensation. If any Lender shall fail to make any payment required to be made by it pursuant to the immediately preceding sentence, then Administrative Agent may, in its discretion (notwithstanding any contrary provision hereof), apply any amounts thereafter received by Administrative Agent for the account of such Lender to satisfy such Lender’s obligations under such sentence until all such unsatisfied obligations are fully paid.

Appears in 4 contracts

Samples: Credit Agreement (Foresight Energy LP), Credit Agreement (Foresight Energy LP), Credit Agreement (Foresight Energy LP)

Payments Generally. Each Borrower shall make each payment and prepayment required to be made by it hereunder or under any other Loan Document (whether of principal, interest, fees or reimbursement of LC DisbursementsReimbursement Obligations, or of amounts payable under Section 2.12, 2.13, 2.14 2.15 or 2.1510.03, or otherwise) on or before the time expressly required hereunder or under such other Loan Document for such payment (or, if no such time is expressly required, prior to 12:00 noon2:00 p.m., New York City time), on the date when due, in immediately available funds, without set-off setoff, deduction 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 and prepayments shall be made to the Administrative Agent at such of its offices in New York City as shall be notified to the relevant parties from time to timeat 677 Washington Boulevard, Stamford, Connecticut, except payments to be made directly to an Issuing bx xxxx xxxxxxxx xx xxx Xxxxxxx Xxxx xx Xxxxxxxxe Lender as expressly provided herein and except that payments pursuant to Sections 2.12, 2.13, 2.14, 2.15 and 10.03 shall be made directly to the Persons persons entitled theretothereto and payments pursuant to other Loan Documents shall be made to the persons specified therein. The Administrative Agent shall distribute any such payments received by it for the account of any other Person person to the appropriate recipient promptly following receipt thereof, and no Borrower shall have any liability in the event timely or correct distribution of such payments is not so made. If any payment or prepayment hereunder under any Loan Document shall be due on a day that is not a Business Day, unless specified otherwise, the date for payment or prepayment, as the case may be, shall be extended to the next succeeding Business Day, and, in the case of any payment or prepayment accruing interest, interest thereon shall be payable for the period of such extension. All payments and prepayments hereunder under each Loan Document shall be made in U.S. dollars, except as expressly specified otherwise.

Appears in 3 contracts

Samples: Credit Agreement (Regency Energy Partners LP), Credit Agreement (Regency Energy Partners LP), Credit Agreement (Regency Energy Partners LP)

Payments Generally. Each Borrower shall make each payment and prepayment required to be made by it hereunder or under any other Loan Document (whether of principal, interest, fees Fees or reimbursement of LC DisbursementsReimbursement Obligations, or of amounts payable under Section 2.132.11, 2.12, 2.14 or 2.1510.03, or otherwise) on or before the time expressly required hereunder or under such other Loan Document for such payment (or, if no such time is expressly required, prior to 12:00 noon2:00 p.m., New York City time), on the date when due, in immediately available funds, without set-off setoff, deduction 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 and prepayments shall be made to the Administrative Agent at such of its offices in New York City as shall be notified to the relevant parties from time to timepayment account, except (i) payments to be made directly to an the Issuing Lender Bank as expressly provided herein and except that herein, (ii) payments pursuant to Sections 2.132.11, 2.142.12, 2.15 2.14 and 10.03 shall be made directly to the Persons persons entitled theretothereto and (iii) payments pursuant to other Loan Documents shall be made to the persons specified therein. The Administrative Agent shall distribute any such payments received by it for the account of any other Person person to the appropriate recipient promptly following receipt thereof, and no Borrower shall have any liability in the event timely or correct distribution of such payments is not so made. If any payment or prepayment hereunder under any Loan Document shall be due on a day that is not a Business Day, unless specified otherwise, the date for payment or prepayment, as the case may be, shall be extended to the next succeeding Business Day, and, in the case of any payment or prepayment accruing interest, interest thereon shall be payable for the period of such extension. All payments and prepayments hereunder under each Loan Document shall be made in U.S. dollars, except as expressly specified otherwise.

Appears in 3 contracts

Samples: Revolving Credit Agreement (Bankrate, Inc.), Revolving Credit Agreement (Bankrate, Inc.), Revolving Credit Agreement (Bankrate, Inc.)

Payments Generally. Each Borrower shall make each payment and prepayment required to be made by it hereunder or under any other Loan Document (whether of principal, interest, fees or reimbursement of LC DisbursementsReimbursement Obligations, or of amounts payable under Section 2.12, 2.13, 2.14 2.15 or 2.1510.03, or otherwise) on or before the time expressly required hereunder or under such other Loan Document for such payment (or, if no such time is expressly required, prior to 12:00 noon2:00 p.m., New York City time), on the date when due, in immediately available funds, without set-off setoff, deduction 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 and prepayments shall be made to the Administrative Agent at such of its offices in New York City as shall be notified to the relevant parties from time to timeat 600 Xxxxxxxxxx Xxxxxxxxx, Xxxxxxxx, Xxxxxxxxxxx, except payments to be made directly to an the Issuing Bank or Swingline Lender as expressly provided herein and except that payments pursuant to Sections 2.12, 2.13, 2.14, 2.15 and 10.03 shall be made directly to the Persons persons entitled theretothereto and payments pursuant to other Loan Documents shall be made to the persons specified therein. The Administrative Agent shall distribute any such payments received by it for the account of any other Person person to the appropriate recipient promptly following receipt thereof, and no Borrower shall have any liability in the event timely or correct distribution of such payments is not so made. If any payment or prepayment hereunder under any Loan Document shall be due on a day that is not a Business Day, unless specified otherwise, the date for payment or prepayment, as the case may be, shall be extended to the next succeeding Business Day, and, in the case of any payment or prepayment accruing interest, interest thereon shall be payable for the period of such extension. All payments and prepayments hereunder under each Loan Document shall be made in U.S. dollars, except as expressly specified otherwise.

Appears in 3 contracts

Samples: Credit Agreement (TTM Technologies Inc), Credit Agreement (Regency Energy Partners LP), Credit Agreement (Ventiv Health Inc)

Payments Generally. Each The Borrower shall make each payment and prepayment required to be made by it hereunder (whether of principal, interest, fees or reimbursement of LC Disbursements, or under Section 2.13, 2.14 any other Loan Document on or 2.15, or otherwise) prior to 12:00 noonthe time expressly required hereunder or under such other Loan Document for such payment (or, if no such time is expressly required, on or prior to 3:00 p.m., New York City time), on the date when due, in immediately available funds, without set-off any defense, setoff, recoupment or counterclaim. Any amounts received after such time on any date may, in the discretion of the Administrative AgentLenders, be deemed to have been received on the next succeeding Business Day for purposes of calculating interest thereon. All such payments and prepayments shall be made to such account as may be specified by the Administrative Agent at such of its offices in New York City as shall be notified to the relevant parties from time to time, except payments to be made directly to an Issuing Lender as expressly Lenders; provided herein and except that payments pursuant to Sections 2.13, 2.14, 2.15 and 10.03 9.03 shall be made directly to the Persons entitled theretothereto and payments pursuant to other Loan Documents shall be made to the Persons specified therein. The Administrative Agent Lenders shall distribute any such payments payment received by it either of them for the account of any other Person to the appropriate recipient promptly following receipt thereof, and no Borrower shall have any liability in the event timely or correct distribution of such payments is not so made. If any payment hereunder or prepayment hereunder under any other Loan Document shall be due on a day that is not a Business Day, the date for payment or prepayment, as the case may be, shall be extended to the next succeeding Business Day, Day and, in the case of any payment or prepayment accruing interest, interest thereon shall be payable for the period of such extension. All payments and prepayments hereunder under each Loan Document shall be made in U.S. dollars.

Appears in 3 contracts

Samples: Execution Version Credit Agreement (Altera Infrastructure L.P.), Credit Agreement (Altera Infrastructure L.P.), Credit Agreement (Altera Infrastructure L.P.)

Payments Generally. Each Borrower All payments under this Agreement shall make each payment and prepayment required to be made by it hereunder (whether of principal, interest, fees or reimbursement of LC Disbursements, or under Section 2.13, 2.14 or 2.15, or otherwise) prior to in Dollars in immediately available funds not later than 12:00 noon, noon New York City time, time on the date when due, in immediately available funds, without set-off or counterclaim. Any amounts received relevant dates specified above (each such payment made after such time on any such due date may, in the discretion of the Administrative Agent, be deemed to have been received made on the next succeeding Business Day for purposes of calculating interest thereon. All such payments and prepayments shall be made Banking Day) to the Administrative Agent at the Principal Office (or such of its offices other office in New York City the United States as the Agent shall be notified direct by notice to the relevant parties from time to time, except payments to be made directly to an Issuing Lender as expressly provided herein and except that payments pursuant to Sections 2.13, 2.14, 2.15 and 10.03 shall be made directly to the Persons entitled thereto. The Administrative Agent shall distribute any such payments received by it Borrowers) for the account of the applicable Lending Office of each Bank. The Agent, or any other Person Bank for whose account any such payment is to be made, may (but shall not be obligated to) debit the appropriate recipient promptly following receipt thereofamount of any such payment which is not made by such time to any ordinary deposit account of Xx. Xxxxxx (or, and no Borrower shall have any liability in the event timely case of any amount expressly owed by [***]) with the Agent or correct distribution of such payments is not so made. If any payment or prepayment hereunder shall be due on a day that is not a Business Day, the date for payment or prepaymentBank, as the case may be, and any Bank so doing shall promptly notify the Agent. The applicable Borrower shall, at the time of making each payment under this Agreement, specify to the Agent the principal or other amount payable by such Borrower under this Agreement to which such payment is to be applied (and in the event that it fails to so specify, or if an Event of Default has occurred and is continuing, the Agent may apply such payment as it may elect in its sole discretion (subject to Section 10.15)). If the due date of any payment under this Agreement would otherwise fall on a day which is not a Banking Day, such date shall be extended to the next succeeding Business Day, and, in the case of any payment or prepayment accruing interest, Banking Day and interest thereon shall be payable for any principal so extended for the period of such extension. All payments and prepayments Each payment received by the Agent hereunder for the account of a Bank shall be made paid promptly to such Bank, in U.S. dollarsimmediately available funds, for the account of such Bank’s Lending Office.

Appears in 2 contracts

Samples: Credit Agreement (Lauder Ronald S), Credit Agreement (Lauder Ronald S)

Payments Generally. Each Borrower shall make each payment and prepayment required to be made by it hereunder or under any other Loan Document (whether of principal, interest, fees or reimbursement of LC DisbursementsReimbursement Obligations, or of amounts payable under Section 2.12, 2.13, 2.14 2.15 or 2.1510.03, or otherwise) on or before the time expressly required hereunder or under such other Loan Document for such payment (or, if no such time is expressly required, prior to 12:00 noon2:00 p.m., New York City time), on the date when due, in immediately available funds, without set-off setoff, deduction 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 and prepayments shall be made to the Administrative Agent at such of its offices in New York City as shall be notified to the relevant parties from time to timeat 000 Xxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, except payments to be made directly to an the Issuing Lender Bank as expressly provided herein and except that payments pursuant to Sections 2.12, 2.13, 2.14, 2.15 and 10.03 shall be made directly to the Persons persons entitled theretothereto and payments pursuant to other Loan Documents shall be made to the persons specified therein. The Administrative Agent shall distribute any such payments received by it for the account of any other Person person to the appropriate recipient promptly following receipt thereof, and no Borrower shall have any liability in the event timely or correct distribution of such payments is not so made. If any payment or prepayment hereunder under any Loan Document shall be due on a day that is not a Business Day, unless specified otherwise, the date for payment or prepayment, as the case may be, shall be extended to the next succeeding Business Day, and, in the case of any payment or prepayment accruing interest, interest thereon shall be payable for the period of such extension. All payments and prepayments hereunder under each Loan Document shall be made in U.S. dollars, except as expressly specified otherwise.

Appears in 2 contracts

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

Payments Generally. Each Borrower Borrowers shall make each payment and prepayment required to be made by it hereunder or under any other Loan Document (whether of principal, interest, fees or reimbursement of LC DisbursementsReimbursement Obligations, or of amounts payable under Section 2.12, Section 2.13, 2.14 Section 2.15 or 2.15Section 11.03, or otherwise) on or before the time expressly required hereunder or under such other Loan Document for such payment (or, if no such time is expressly required, prior to 12:00 noon2:00 p.m., New York City time), on the date when due, in immediately available funds, without set-off setoff, deduction or counterclaim. Any amounts received after such time on any date may, in the discretion of the applicable Administrative Agent, be deemed to have been received on the next succeeding Business Day for purposes of calculating interest thereon. All such payments and prepayments shall be made to the applicable Administrative Agent at such of its offices in New York City as shall be notified to the relevant parties office designated by it from time to time, except payments to be made directly to an the Issuing Bank or a Swingline Lender as expressly provided herein and except that payments pursuant to Sections Section 2.12, Section 2.13, 2.14, Section 2.15 and 10.03 Section 11.03 shall be made directly to the Persons persons entitled theretothereto and payments pursuant to other Loan Documents shall be made to the persons specified therein. The applicable Administrative Agent shall distribute any such payments received by it for the account of any other Person person to the appropriate recipient promptly following receipt thereof, and no Borrower shall have any liability in the event timely or correct distribution of such payments is not so made. If any payment or prepayment hereunder under any Loan Document shall be due on a day that is not a Business Day, unless specified otherwise, the date for payment or prepayment, as the case may be, shall be extended to the next succeeding Business Day, and, in the case of any payment or prepayment accruing interest, interest thereon shall be payable for the period of such extension. All payments and prepayments hereunder under each Loan Document shall be made in U.S. dollars, except as expressly specified otherwise.

Appears in 2 contracts

Samples: Credit Agreement (Linens N Things Inc), Credit Agreement (LNT Leasing II, LLC)

Payments Generally. Each Borrower Borrowers shall make each payment and prepayment required to be made by it them hereunder or under any other Loan Document (whether of principal, interest, fees or reimbursement of LC DisbursementsReimbursement Obligations, or of amounts payable under Section 2.132.11, 2.12, 2.14 or 2.1510.03, or otherwise) on or before the time expressly required hereunder or under such other Loan Document for such payment (or, if no such time is expressly required, prior to 12:00 noon2:00 p.m., New York City time), on the date when due, in immediately available funds, without set-off setoff, deduction 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 and prepayments shall be made to the Administrative Agent at such of its offices in New York City as shall be notified to the relevant parties from time to timeat 000 Xxxx 00xx Xxxxxx, Xxxxxxxxxx, XX 00000, except payments to be made directly to an Issuing Lender as expressly provided herein and except that those payments pursuant to Sections 2.132.11, 2.142.12, 2.15 2.14 and 10.03 shall be made directly to the Persons persons entitled theretothereto and payments pursuant to other Loan Documents shall be made to the persons specified therein. The Administrative Agent shall distribute any such payments received by it for the account of any other Person person to the appropriate recipient promptly following receipt thereof, and no Borrower shall have any liability in the event timely or correct distribution of such payments is not so made. If any payment or prepayment hereunder under any Loan Document shall be due on a day that is not a Business Day, unless specified otherwise, the date for payment or prepayment, as the case may be, shall be extended to the next succeeding Business Day, and, in the case of any payment or prepayment accruing interest, interest thereon shall be payable for the period of such extension. All payments and prepayments hereunder under each Loan Document shall be made in U.S. dollars, except as expressly specified otherwise.

Appears in 2 contracts

Samples: Credit Agreement (Magnachip Semiconductor LLC), Credit Agreement (Magnachip Semiconductor LLC)

Payments Generally. Each Borrower shall make each payment and prepayment required to be made by it hereunder or under any other Loan Document (whether of principal, interest, fees or reimbursement of LC DisbursementsReimbursement Obligations, or of amounts payable under Section 2.12, 2.13, 2.14 2.15 or 2.1510.03, or otherwise) on or before the time expressly required hereunder or under such other Loan Document for such payment (or, if no such time is expressly required, prior to 12:00 noon1:00 p.m., New York City time), on the date when due, in immediately available funds, without set-off setoff, deduction 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 and prepayments shall be made to the Administrative Agent at such of its offices in at Eleven Madison Avenue, New York, New York City as shall be notified to the relevant parties from time to time10010, except payments to be made directly to an the Issuing Bank or Swingline Lender as expressly provided herein and except that payments pursuant to Sections 2.12, 2.13, 2.14, 2.15 and 10.03 shall be made directly to the Persons persons entitled theretothereto and payments pursuant to other Loan Documents shall be made to the persons specified therein. The Administrative Agent shall distribute any such payments received by it for the account of any other Person person to the appropriate recipient promptly following receipt thereof, and no Borrower shall have any liability in the event timely or correct distribution of such payments is not so made. If any payment or prepayment hereunder under any Loan Document shall be due on a day that is not a Business Day, unless specified otherwise, the date for payment or prepayment, as the case may be, shall be extended to the next succeeding Business Day, and, in the case of any payment or prepayment accruing interest, interest thereon shall be payable for the period of such extension. All payments and prepayments hereunder under each Loan Document shall be made in U.S. dollars, except as expressly specified otherwise.

Appears in 2 contracts

Samples: Credit Agreement (Jacobs Entertainment Inc), Credit Agreement (Jacobs Entertainment Inc)

Payments Generally. Each Borrower shall make each payment and prepayment required to be made by it hereunder or under any other Loan Document (whether of principal, interest, fees or reimbursement of LC DisbursementsReimbursement Obligations, or of amounts payable under Section 2.12, 2.13, 2.14 2.15 or 2.1510.03, or otherwise) on or before the time expressly required hereunder or under such other Loan Document for such payment (or, if no such time is expressly required, prior to 12:00 noon2:00 p.m., New York City time), on the date when due, in immediately available funds, without set-off setoff, deduction 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 and prepayments shall be made to the Administrative Agent at such of its offices in at Three World Financial Center, 000 Xxxxx Xxxxxx, New York City as shall be notified to the relevant parties from time to timeYork, NY 10281, except payments to be made directly to an Issuing Bank or Swingline Lender as expressly provided herein and except that payments pursuant to Sections 2.12, 2.13, 2.14, 2.15 and 10.03 shall be made directly to the Persons persons entitled theretothereto and payments pursuant to other Loan Documents shall be made to the persons specified therein. The Administrative Agent shall distribute any such payments received by it for the account of any other Person person to the appropriate recipient promptly following receipt thereof, and no Borrower shall have any liability in the event timely or correct distribution of such payments is not so made. If any payment or prepayment hereunder under any Loan Document shall be due on a day that is not a Business Day, unless specified otherwise, the date for payment or prepayment, as the case may be, shall be extended to the next succeeding Business Day, and, in the case of any payment or prepayment accruing interest, interest thereon shall be payable for the period of such extension. All payments and prepayments hereunder under each Loan Document shall be made in U.S. dollars, except as expressly specified otherwise.

Appears in 2 contracts

Samples: Security Agreement (Norcraft Companies, Inc.), Credit Agreement (Norcraft Companies Lp)

Payments Generally. Each The Borrower shall make each payment and prepayment required to be made by it hereunder or under any other Loan Document (whether of principal, interest, fees or reimbursement of LC DisbursementsReimbursement Obligations, or of amounts payable under Section Sections 2.12, 2.13, 2.14 2.15 or 2.1510.03, or otherwise) on or before the time expressly required hereunder or under such other Loan Document for such payment (or, if no such time is expressly required, prior to 12:00 noon2:00 p.m., New York City time), on the date when due, in immediately available funds, free and clear of, and without set-off condition or counterclaimdeduction for, recoupment or setoff. 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 and prepayments shall be made to the Administrative Agent at such of its offices in New York City as shall be notified to the relevant parties from time to time, Principal Office except payments to be made directly to an the Issuing Lender Bank as expressly provided herein and except that payments pursuant to Sections 2.12, 2.13, 2.14, 2.15 and 10.03 shall be made directly to the Persons persons entitled theretothereto and payments pursuant to other Loan Documents shall be made to the persons specified therein. The Administrative Agent shall distribute any such payments received by it for the account of any other Person person to the appropriate recipient promptly following receipt thereof, and no Borrower shall have any liability in the event timely or correct distribution of such payments is not so made. If any payment or prepayment hereunder under any Loan Document shall be due on a day that is not a Business Day, unless specified otherwise, the date for payment or prepayment, as the case may be, shall be extended to the next succeeding Business Day, and, in the case of any payment or prepayment accruing interest, interest thereon shall be payable for the period of such extension. All payments and prepayments hereunder under each Loan Document shall be made in U.S. dollarsDollars. For the avoidance of doubt, notwithstanding any other provision of any Loan Document to the contrary, no payment received directly or indirectly from any Credit Party that is not a Qualified ECP Guarantor shall be applied directly or indirectly by the Administrative Agent or otherwise to the payment of any Excluded Swap Obligations.

Appears in 2 contracts

Samples: First Lien Credit Agreement (Allvue Systems Holdings, Inc.), Credit Agreement (Datto Holding Corp.)

Payments Generally. Each The Borrower shall make each payment and prepayment required to be made by it hereunder or under any other Loan Document (whether of principal, interest, fees or reimbursement of LC DisbursementsReimbursement Obligations, or of amounts payable under Section 2.12, 2.13, 2.14 2.15 or 2.1510.03, or otherwise) on or before the time expressly required hereunder or under such other Loan Document for such payment (or, if no such time is expressly required, prior to 12:00 noon1:00 p.m., New York City time), on the date when due, in immediately available funds, without set-off setoff, deduction or counterclaim. Any amounts received after such time on any date may, in the sole 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 and prepayments shall be made to the Administrative Agent at such of its offices in at New York City as shall be notified to the relevant parties from time to timeYork, New York, except payments to be made directly to an any Issuing Bank or Swingline Lender as expressly provided herein and except that payments pursuant to Sections 2.12, 2.13, 2.14, 2.15 and 10.03 shall be made directly to the Persons persons entitled theretothereto and payments pursuant to other Loan Documents shall be made to the persons specified therein. The Administrative Agent shall distribute any such payments received by it for the account of any other Person person to the appropriate recipient promptly following receipt thereof, and no Borrower shall have any liability in the event timely or correct distribution of such payments is not so made. If any payment or prepayment hereunder under any Loan Document shall be due on a day that is not a Business Day, unless specified otherwise, the date for payment or prepayment, as the case may be, shall be extended to the next succeeding Business Day, and, in the case of any payment or prepayment accruing interest, interest thereon shall be payable for the period of such extension. All payments and prepayments hereunder under each Loan Document shall be made in U.S. dollars, except as expressly specified otherwise.

Appears in 2 contracts

Samples: Assignment and Assumption (Philadelphia Energy Solutions Inc.), Assignment and Assumption (Philadelphia Energy Solutions Inc.)

Payments Generally. Each Borrower The Company shall make each payment and prepayment required to be made by it them hereunder (whether of principal, interest, fees or reimbursement reimbursements of LC Disbursements, or of amounts payable under Section 2.132.15, 2.14 2.16, 2.17 or 2.159.03, or otherwise) at or prior to the time expressly required hereunder or under any other Loan Document for such payment (or, if no such time is expressly required, 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 and prepayments shall be made to the Administrative Agent at such of its offices in New York, New York City as or at such other address that the Administrative Agent shall be notified to advise the relevant parties from time to timeCompany in writing, except payments to be made directly to an Issuing Bank or the Swingline Lender as expressly provided herein and except that payments pursuant to Sections 2.132.15, 2.142.16, 2.15 2.17 and 10.03 9.03 shall be made directly to the Persons entitled theretothereto and payments pursuant to other Loan Documents shall be made to the Persons specified therein. 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, and no Borrower shall have any liability in the event timely or correct distribution of such payments is not so made. If any payment or prepayment hereunder under any Loan Document shall be due on a day that is not a Business Day, the date for payment or prepayment, as the case may be, shall be extended to the next succeeding Business Day, Day and, in the case of any payment or prepayment accruing interest, interest thereon shall be payable for the period of such extension. All payments and prepayments hereunder under any Loan Document shall be made in U.S. dollarsDollars, except that unless otherwise specified herein or in any other Loan Document, all payments in respect of Loans (and interest thereon) and LC Exposures shall be made in the same Currency in which such Loan was made or such Letter of Credit was issued. Notwithstanding the foregoing, if the Company shall fail to pay any principal of any Loan when due (whether at stated maturity, by acceleration, by mandatory prepayment or otherwise), the unpaid portion of such Loan shall, if such Loan is not denominated in Dollars, automatically be redenominated in Dollars on the due date thereof (or, if such due date is a day other than the last day of the Interest Period therefor, on the last day of such Interest Period) in an amount equal to the Dollar Equivalent thereof on the date of such redenomination and such principal shall be payable on demand; and if the Company shall fail to pay any interest on any Loan that is not denominated in Dollars, such interest shall automatically be redenominated in Dollars on the due date therefor (or, if such due date is a day other than the last day of the Interest Period therefor, on the last day of such Interest Period) in an amount equal to the Dollar Equivalent thereof on the date of such redenomination and such interest shall be payable on demand.

Appears in 2 contracts

Samples: Credit (Smithfield Foods Inc), Credit Agreement (Smithfield Foods Inc)

Payments Generally. Each Borrower shall make each payment and prepayment required to be made by it hereunder or under any other Loan Document (whether of principal, interest, fees or reimbursement of LC DisbursementsReimbursement Obligations, or of amounts payable under Section 2.12, 2.13, 2.14 2.15 or 2.1510.03, or otherwise) on or before the time expressly required hereunder or under such other Loan Document for such payment (or, if no such time is expressly required (A) in the case of payments in connection with the Term Loans, prior to 12:00 noon2:00 p.m., New York City time and (B) in the case of payments in connection with the Revolving Loans, prior to 2:00 p.m. (London time, ) on the date when due, in immediately available funds, without set-off setoff, deduction or counterclaim. Any amounts received after such time on any date may, in the discretion of the relevant Administrative Agent, be deemed to have been received on the next succeeding Business Day for purposes of calculating interest thereon. All such payments and prepayments shall be made to (i) the Term Loan Administrative Agent at such of its offices in New York City as shall be notified to at 600 Xxxxxxxxxx Xxxxxxxxx, Xxxxxxxx, Xxxxxxxxxxx and (ii) the relevant parties from time to timeRevolving Credit Administrative Agent at its offices at 5 Xxx Xxxxx Xxxxxxxxx, Xxxxxx Xxxxx, Xxxxxx, Xxxxxxx, except payments to be made directly to an the Issuing Lender Bank as expressly provided herein and except that payments pursuant to Sections 2.12, 2.13, 2.14, 2.15 and 10.03 shall be made directly to the Persons persons entitled theretothereto and payments pursuant to other Loan Documents shall be made to the persons specified therein. The relevant Administrative Agent shall distribute any such payments received by it for the account of any other Person person to the appropriate recipient promptly following receipt thereof, and no Borrower shall have any liability in the event timely or correct distribution of such payments is not so made. If any payment or prepayment hereunder under any Loan Document shall be due on a day that is not a Business Day, unless specified otherwise, the date for payment or prepayment, as the case may be, shall be extended to the next succeeding Business Day, and, in the case of any payment or prepayment accruing interest, interest thereon shall be payable for the period of such extension. All payments and prepayments hereunder under each Loan Document shall be made in U.S. dollars, except as expressly specified otherwise.

Appears in 1 contract

Samples: Credit Agreement (Petroleum Geo Services Asa)

Payments Generally. Each Borrower Borrowers shall make each payment and prepayment required to be made by it hereunder or under any other Loan Document (whether of principal, interest, fees or reimbursement of LC DisbursementsReimbursement Obligations, or of amounts payable under Section 2.132.11, 2.12, 2.14 or 2.1510.03, or otherwise) on or before the time expressly required hereunder or under such other Loan Document for such payment (or, if no such time is expressly required, prior to 12:00 noon2:00 p.m., New York City time), on the date when due, in immediately available funds, without set-off setoff, deduction 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 and prepayments shall be made to the Administrative Agent at such of its offices in New York City as shall be notified to the relevant parties from time to timeat 000 Xxxxxxxxxx Xxxxxxxxx, Xxxxxxxx, Xxxxxxxxxxx, except payments to be made directly to an the Issuing Bank or Swingline Lender as expressly provided herein and except that payments pursuant to Sections 2.132.11, 2.142.12, 2.15 2.14 and 10.03 shall be made directly to the Persons persons entitled theretothereto and payments pursuant to other Loan Documents shall be made to the persons specified therein. The Administrative Agent shall distribute any such payments received by it for the account of any other Person person to the appropriate recipient promptly following receipt thereof, and no Borrower shall have any liability in the event timely or correct distribution of such payments is not so made. If any payment or prepayment hereunder under any Loan Document shall be due on a day that is not a Business Day, unless specified otherwise, the date for payment or prepayment, as the case may be, shall be extended to the next succeeding Business Day, and, in the case of any payment or prepayment accruing interest, interest thereon shall be payable for the period of such extension. All payments and prepayments hereunder under each Loan Document shall be made in U.S. dollars, except as expressly specified otherwise.

Appears in 1 contract

Samples: Credit Agreement (Verasun Energy Corp)

Payments Generally. Each Borrower (a) All payments under this Agreement or the Notes shall make each payment and prepayment required to be made by it hereunder (whether in Dollars in immediately available funds to the Agent, in accordance with the respective obligations of principal, interest, fees or reimbursement the Borrower then due and payable to each of LC Disbursements, or under Section 2.13, 2.14 or 2.15, or otherwise) prior to 12:00 noon, them not later than 1:00 p.m. New York City time, time on the date when due, in immediately available funds, without set-off or counterclaim. Any amounts received relevant dates specified above (each such payment made after such time on any such due date may, in the discretion of the Administrative Agent, is to be deemed to have been received made on the next succeeding Business Day for purposes of calculating interest thereon. All such payments and prepayments shall be made Banking Day), to the Administrative Agent's Lending Office. The Borrower will notify the Agent at such of its offices in New York City as shall be notified any payment pursuant to the relevant parties from provisions of this Section at the same time it makes any such payment. The Bank may (but shall not be obligated to) debit the amount of any such payment to timeany ordinary deposit account of the Borrower with such Bank; provided, except payments however, that the Agent shall not be permitted to be made directly to an Issuing Lender as expressly provided herein and except that payments pursuant to Sections 2.13, 2.14, 2.15 and 10.03 shall be made directly debit any funds which are not available to the Persons entitled theretoBorrower other than on an overdraft basis. The Administrative Agent shall distribute any such payments received by it for Borrower shall, at the account time of any other Person making each payment under this Agreement or the Notes, specify to the appropriate recipient promptly following receipt thereofAgent the principal or other amount payable by the Borrower under this Agreement or the Notes to which such payment be applied; provided, and no Borrower shall have any liability however, that in the event timely that the Borrower fails to so specify, or correct distribution if an Event of Default has occurred and is continuing, the Banks shall apply such payments is not so madepayment as they may elect in their sole discretion. If the due date of any payment under this Agreement or prepayment hereunder shall be due the Notes would otherwise fall on a day that which is not a Business Banking Day, the such date for payment or prepayment, as the case may be, shall be extended to the next succeeding Business Day, and, in the case of any payment or prepayment accruing interest, Banking Day and interest thereon shall be payable for any principal so extended for the period of such extension. All Except to the extent otherwise provided herein, it is the intention of the parties that all payments and prepayments hereunder shall be made applied to the Banks pro rata in U.S. dollarsaccordance with their respective Commitment Proportions.

Appears in 1 contract

Samples: Credit Agreement (United Capital Corp /De/)

Payments Generally. Each Borrower shall make each payment and prepayment required to be made by it hereunder (whether of principal, interest, fees or reimbursement of LC Disbursements, or under Section 2.132.14, 2.14 2.15 or 2.152.16, 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 and prepayments shall be made to the Administrative Agent at such of its offices in New York City as shall be notified to the relevant parties from time to time, except payments to be made directly to an Issuing Lender or Swingline Lender as expressly provided herein and except that payments pursuant to Sections 2.13, 2.14, 2.15 2.15, 2.16 and 10.03 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, and no Borrower shall have any liability in the event timely or correct distribution of such payments is not so made. If any payment or prepayment hereunder shall be due on a day that is not a Business Day, the date for payment or prepayment, as the case may be, shall be extended to the next succeeding Business Day, and, in the case of any payment or prepayment accruing interest, interest thereon shall be payable for the period of such extension. All payments and prepayments hereunder shall be made in U.S. dollars.

Appears in 1 contract

Samples: Credit Agreement (Lamar Media Corp/De)

Payments Generally. Each Borrower shall make each payment and prepayment required to be made by it hereunder or under any other Loan Document (whether of principal, interest, fees or reimbursement of LC DisbursementsReimbursement Obligations, or of amounts payable under Section 2.12, 2.13, 2.14 2.15 or 2.1510.03, or otherwise) on or before the time expressly required hereunder or under such other Loan Document for such payment (or, if no such time is expressly required, prior to 12:00 noon2:00 p.m., New York City time), on the date when due, in immediately available funds, without set-off setoff, deduction 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 and prepayments shall be made to the Administrative Agent at such of its offices in New York City as shall be notified to the relevant parties from time to timeat 677 Washington Boulevard, Stamford, Connecticut, except payments to be made directly to an Issuing xx xxxx xxxxxxxx xx xxx Xxxxxxx Xxxx xx Xxxxxxxne Lender as expressly provided herein and except that payments pursuant to Sections 2.12, 2.13, 2.14, 2.15 and 10.03 shall be made directly to the Persons persons entitled theretothereto and payments pursuant to other Loan Documents shall be made to the persons specified therein. The Administrative Agent shall distribute any such payments received by it for the account of any other Person person to the appropriate recipient promptly following receipt thereof, and no Borrower shall have any liability in the event timely or correct distribution of such payments is not so made. If any payment or prepayment hereunder under any Loan Document shall be due on a day that is not a Business Day, unless specified otherwise, the date for payment or prepayment, as the case may be, shall be extended to the next succeeding Business Day, and, in the case of any payment or prepayment accruing interest, interest thereon shall be payable for the period of such extension. All payments and prepayments hereunder under each Loan Document shall be made in U.S. dollars, except as expressly specified otherwise.

Appears in 1 contract

Samples: Credit Agreement (Regency Energy Partners LP)

Payments Generally. Each The Borrower shall make each payment and prepayment required to be made by it hereunder or under any other Loan Document (whether of principalprincipal of Funding Loans, interest, fees interest or reimbursement of LC Disbursementsfees, or of amounts payable under Section 2.13, 2.14 or 2.1510.3, or otherwise) prior to 12:00 noon, New York City time, 1:00 p.m. on the date when due, in immediately available funds, without set-off setoff or counterclaim. Any amounts received after such time on any date may, in the discretion of the Administrative AgentLender, be deemed to have been received on the next succeeding Business Day for purposes of calculating interest thereon. All such payments and prepayments shall be made to the Administrative Agent Lender at its office at 000 Xxxxx Xxxxxxx 000 Xxxxxx, Xxxxxxxx X, Xxxxx 000, Xxxxxxxxxx, Xxxxx 00000, or such of its offices in New York City other office as shall be notified to which the relevant Lender may notify the other parties from time to time, except payments to be made directly to an Issuing Lender as expressly provided herein and except that payments pursuant to Sections 2.13, 2.14, 2.15 and 10.03 shall be made directly to the Persons entitled theretohereto. The Administrative Agent Lender shall distribute any such payments received by it for the account of any other Person to the appropriate recipient promptly following receipt thereof, and no Borrower shall have any liability in the event timely or correct distribution of such payments is not so made. If any payment or prepayment hereunder shall be due on a day that is not a Business Day, the date for payment or prepayment, as the case may be, shall be extended to the next succeeding Business Day, and, in the case of any payment or prepayment accruing interest, interest thereon shall be payable for the period of such extension. All payments and prepayments hereunder shall be made in U.S. dollars.

Appears in 1 contract

Samples: Credit and Funding Agreement (Uranium Resources Inc /De/)

Payments Generally. Each Borrower shall make each payment and prepayment required to be made by it hereunder or under any other Loan Document (whether of principal, interest, fees or reimbursement of LC DisbursementsReimbursement Obligations, or of amounts payable under Section 2.12, 2.13, 2.14 2.15 or 2.1510.03, or otherwise) on or before the time expressly required hereunder or under such other Loan Document for such payment (or, if no such time is expressly required, prior to 12:00 noon2:00 p.m., New York City time), on the date when due, in immediately available funds, without set-off setoff, deduction 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 and prepayments shall be made to the Administrative Agent at such of its offices in New York City as shall be notified to the relevant parties from time to timeat 000 Xxxxxxxxxx Xxxxxxxxx, Xxxxxxxx, Xxxxxxxxxxx, except payments to be made directly to an the Issuing Bank or Swingline Lender as expressly provided herein and except that payments pursuant to Sections 2.12, 2.13, 2.14, 2.15 and 10.03 shall be made directly to the Persons persons entitled theretothereto and payments pursuant to other Loan Documents shall be made to the persons specified therein. The Administrative Agent shall distribute any such payments received by it for the account of any other Person person to the appropriate recipient promptly following receipt thereof, and no Borrower shall have any liability in the event timely or correct distribution of such payments is not so made. If any payment or prepayment hereunder under any Loan Document shall be due on a day that is not a Business Day, unless specified otherwise, the date for payment or prepayment, as the case may be, shall be extended to the next succeeding Business Day, and, in the case of any payment or prepayment accruing interest, interest thereon shall be payable for the period of such extension. All payments and prepayments hereunder under each Loan Document shall be made in U.S. dollars, except as expressly specified otherwise.

Appears in 1 contract

Samples: Credit Agreement (Sciele Pharma, Inc.)

Payments Generally. Each Borrower Borrowers shall make each payment and prepayment required to be made by it them hereunder or under any other Loan Document (whether of principal, interest, fees or reimbursement of LC DisbursementsReimbursement Obligations, or of amounts payable under Section 2.132.11, 2.12, 2.14 or 2.1510.03, or otherwise) on or before the time expressly required hereunder or under such other Loan Document for such payment (or, if no such time is expressly required, prior to 12:00 noon2:00 p.m., New York City time), on the date when due, in immediately available funds, without set-off setoff, deduction 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 and prepayments shall be made to the Administrative Agent at such of its offices in New York City as shall be notified to the relevant parties from time to timeat 600 Xxxxxxxxxx Xxxxxxxxx, Xxxxxxxx, Xxxxxxxxxxx, except payments to be made directly to an the Issuing Bank or Swingline Lender as expressly provided herein and except that payments pursuant to Sections 2.132.11, 2.142.12, 2.15 2.14 and 10.03 shall be made directly to the Persons persons entitled theretothereto and payments pursuant to other Loan Documents shall be made to the persons specified therein. The Administrative Agent shall distribute any such payments received by it for the account of any other Person person to the appropriate recipient promptly following receipt thereof, and no Borrower shall have any liability in the event timely or correct distribution of such payments is not so made. If any payment or prepayment hereunder under any Loan Document shall be due on a day that is not a Business Day, unless specified otherwise, the date for payment or prepayment, as the case may be, shall be extended to the next succeeding Business Day, and, in the case of any payment or prepayment accruing interest, interest thereon shall be payable for the period of such extension. All payments and prepayments hereunder under each Loan Document shall be made in U.S. dollars, except as expressly specified otherwise.

Appears in 1 contract

Samples: Credit Agreement (MagnaChip Semiconductor LTD (United Kingdom))

Payments Generally. Each The Borrower shall make each payment and prepayment required to be made by it hereunder (whether of principal, interest, fees or reimbursement of LC Disbursements, or 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 and prepayments shall be made to the Administrative Agent at such of its offices in New York City as shall be notified to the relevant parties from time to time, except payments to be made directly to an the Issuing Lender as expressly provided herein and except that payments pursuant to Sections 2.13, 2.14, 2.15 and 10.03 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, and no the Borrower shall have any no liability in the event timely or correct distribution of such payments is not so made. If any payment or prepayment hereunder shall be due on a day that is not a Business Day, the date for payment or prepayment, as the case may be, shall be extended to the next succeeding Business Day, and, in the case of any payment or prepayment accruing interest, interest thereon shall be payable for the period of such extension. All payments and prepayments hereunder shall be made in U.S. dollars.

Appears in 1 contract

Samples: Credit Agreement (Ohio Logos Inc)

Payments Generally. Each Borrower Borrowers shall make each payment and prepayment required to be made by it hereunder or under any other Loan Document (whether of principal, interest, fees or reimbursement of LC DisbursementsReimbursement Obligations, or of amounts payable under Section 2.132.11, 2.12, 2.14 or 2.1511.03, or otherwise) on or before the time expressly required hereunder or under such other Loan Document for such payment (or, if no such time is expressly required, prior to 12:00 noon2:00 p.m., New York City time), on the date when due, in immediately available funds, without set-off setoff, deduction 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 and prepayments shall be made to the Administrative Agent at such of its offices in New York City as shall be notified to the relevant parties from time to timeat 000 Xxxxxxxxxx Xxxxxxxxx, Xxxxxxxx, Xxxxxxxxxxx, except payments to be made directly to an the Issuing Bank or Swingline Lender as expressly provided herein and except that payments pursuant to Sections 2.132.11, 2.142.12, 2.15 and 10.03 2.14 or 11.03, shall be made directly to the Persons persons entitled theretothereto and payments pursuant to other Loan Documents shall be made to the persons specified therein. The Administrative Agent shall distribute any such payments received by it for the account of any other Person person to the appropriate recipient promptly following receipt thereof, and no Borrower shall have any liability in the event timely or correct distribution of such payments is not so made. If any payment or prepayment hereunder under any Loan Document shall be due on a day that is not a Business Day, unless specified otherwise, the date for payment or prepayment, as the case may be, shall be extended to the next succeeding Business Day, and, in the case of any payment or prepayment accruing interest, interest thereon shall be payable for the period of such extension. All payments and prepayments hereunder under each Loan Document shall be made in U.S. dollars, except as expressly specified otherwise.

Appears in 1 contract

Samples: Credit Agreement (AGY Holding Corp.)

Payments Generally. Each Borrower shall make each payment and prepayment required to be made by it hereunder or under any other Loan Document (whether of principal, interest, fees or reimbursement of LC DisbursementsReimbursement Obligations, or of amounts payable under Section 2.12, 2.13, 2.14 2.15 or 2.1510.03, or otherwise) on or before the time expressly required hereunder or under such other Loan Document for such payment (or, if no such time is expressly required, prior to 12:00 noon2:00 p.m., New York City timeLocal Time), on the date when due, in immediately available funds, without set-off setoff, deduction 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 and prepayments shall be made to the Administrative Agent at such of its offices in New York City as shall be notified to the relevant parties from time to timeat Wells Xxxxx Bank, except 1700 Lincoln, Denver, XX 00000, xxxxpt payments to be made directly to an the Issuing Bank or Swingline Lender as expressly provided herein and except that payments pursuant to Sections 2.12, 2.13, 2.14, 2.15 and 10.03 shall be made directly to the Persons persons entitled theretothereto and payments pursuant to other Loan Documents shall be made to the persons specified therein. The Administrative Agent shall distribute any such payments received by it for the account of any other Person person to the appropriate recipient promptly following receipt thereof, and no Borrower shall have any liability in the event timely or correct distribution of such payments is not so made. If any payment or prepayment hereunder under any Loan Document shall be due on a day that is not a Business Day, unless specified otherwise, the date for payment or prepayment, as the case may be, shall be extended to the next succeeding Business Day, and, in the case of any payment or prepayment accruing interest, interest thereon shall be payable for the period of such extension. All payments and prepayments hereunder under each Loan Document shall be made in U.S. dollarsDollars, except as expressly specified otherwise.

Appears in 1 contract

Samples: Credit Agreement (Itron Inc /Wa/)

Payments Generally. Each Borrower Borrowers shall make each payment and prepayment required to be made by it them hereunder or under any other Loan Document (whether of principal, interest, fees or reimbursement of LC DisbursementsReimbursement Obligations, or of amounts payable under Section 2.12, 2.13, 2.14 2.15 or 2.1510.03, or otherwise) on or before the time expressly required hereunder or under such other Loan Document for such payment (or, if no such time is expressly required, prior to 12:00 noon2:00 p.m., New York City time), on the date when due, in immediately available funds, without set-off setoff, deduction 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 and prepayments shall be made to the Administrative Agent at such of its offices in New York City as shall be notified to the relevant parties from time to timeat 600 Xxxxxxxxxx Xxxxxxxxx, Xxxxxxxx, Xxxxxxxxxxx, except payments to be made directly to an the Issuing Lender Banks as expressly provided herein and except that payments pursuant to Sections 2.12, 2.13, 2.14, 2.15 and 10.03 shall be made directly to the Persons persons entitled theretothereto and payments pursuant to other Loan Documents shall be made to the persons specified therein. The Administrative Agent shall distribute any such payments received by it for the account of any other Person person to the appropriate recipient promptly following receipt thereof, and no Borrower shall have any liability in the event timely or correct distribution of such payments is not so made. If any payment or prepayment hereunder under any Loan Document shall be due on a day that is not a Business Day, unless specified otherwise, the date for payment or prepayment, as the case may be, shall be extended to the next succeeding Business Day, and, in the case of any payment or prepayment accruing interest, interest thereon shall be payable for the period of such extension. All payments and prepayments hereunder under each Loan Document shall be made in U.S. dollars, except as expressly specified otherwise.

Appears in 1 contract

Samples: Credit Agreement (Bearingpoint Inc)

Payments Generally. Each The Borrower shall make each payment and prepayment required to be made by it hereunder or under any other Loan Document (whether of principal, interest, fees or reimbursement of LC Disbursementsamounts payable under Sections 2.12, or under Section 2.13, 2.14 2.15 or 2.1510.03, or otherwise) on or before the time expressly required hereunder or under such other Loan Document for such payment (or, if no such time is expressly required, prior to 12:00 noon2:00 p.m., New York City time), on the date when due, in immediately available funds, free and clear of, and without set-off condition or counterclaimdeduction for, recoupment or setoff. 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 and prepayments shall be made to the Administrative Agent at such of its offices in New York City as shall be notified to the relevant parties from time to time, except payments to be made directly to an Issuing Lender as expressly provided herein and Principal Office except that payments pursuant to Sections 2.12, 2.13, 2.14, 2.15 and 10.03 shall be made directly to the Persons persons entitled theretothereto and payments pursuant to other Loan Documents shall be made to the persons specified therein. The Administrative Agent shall distribute any such payments received by it for the account of any other Person person to the appropriate recipient promptly following receipt thereof, and no Borrower shall have any liability in the event timely or correct distribution of such payments is not so made. If any payment or prepayment hereunder under any Loan Document shall be due on a day that is not a Business Day, unless specified otherwise, the date for payment or prepayment, as the case may be, shall be extended to the next succeeding Business Day, and, in the case of any payment or prepayment accruing interest, interest thereon shall be payable for the period of such extension. All payments and prepayments hereunder For the avoidance of doubt, notwithstanding any other provision of any Loan Document to the contrary, no payment received directly or indirectly from any Credit Party that is not a Qualified ECP Guarantor shall be made in U.S. dollarsapplied directly or indirectly by the Administrative Agent or otherwise to the payment of any Excluded Swap Obligations.

Appears in 1 contract

Samples: Term Loan Credit Agreement

Payments Generally. Each Borrower shall make each payment and prepayment required to be made by it hereunder or under any other Loan Document (whether of principal, interest, fees or reimbursement of LC DisbursementsReimbursement Obligations, or of amounts payable under Section 2.12, 2.13, 2.14 2.15 or 2.1510.03, or otherwise) on or before the time expressly required hereunder or under such other Loan Document for such payment (or, if no such time is expressly required, prior to 12:00 noon3:00 p.m., New York City time), on the date when due, in immediately available funds, without set-off setoff, deduction 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 and prepayments shall be made to the Administrative Agent at such of its offices in New York City as shall be notified to the relevant parties from time to timeat Stamford, Connecticut, except payments to be made directly to an the Issuing Bank or Swingline Lender as expressly provided herein and except that payments pursuant to Sections 2.12, 2.13, 2.14, 2.15 and 10.03 shall be made directly to the Persons persons entitled theretothereto and payments pursuant to other Loan Documents shall be made to the persons specified therein. The Administrative Agent shall distribute any such payments received by it for the account of any other Person person to the appropriate recipient promptly following receipt thereof, and no Borrower shall have any liability in the event timely or correct distribution of such payments is not so made. If any payment or prepayment hereunder under any Loan Document shall be due on a day that is not a Business Day, unless specified otherwise, the date for payment or prepayment, as the case may be, shall be extended to the next succeeding Business Day, and, in the case of any payment or prepayment accruing interest, interest thereon shall be payable for the period of such extension. All payments and prepayments hereunder under each Loan Document shall be made in U.S. dollars, except as expressly specified otherwise.

Appears in 1 contract

Samples: Credit Agreement (CPI International, Inc.)

Payments Generally. Each Borrower shall make each payment and prepayment required to be made by it hereunder or under any other Loan Document (whether of principal, interest, fees or reimbursement of LC DisbursementsReimbursement Obligations, or of amounts payable under Section 2.12, 2.13, 2.14 2.15 or 2.1510.03, or otherwise) on or before the time expressly required hereunder or under such other Loan Document for such payment (or, if no such time is expressly required, prior to 12:00 noon2:00 p.m., New York City time), on the date when due, in immediately available funds, without set-off setoff, deduction 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 and prepayments shall be made to the Administrative Agent at such of its offices in New York City as shall be notified to the relevant parties from time to timeat Stamford, Connecticut, except payments to be made directly to an Issuing Bank or Swingline Lender as expressly provided herein and except that payments pursuant to Sections 2.12, 2.13, 2.14, 2.15 and 10.03 shall be made directly to the Persons persons entitled theretothereto and payments pursuant to other Loan Documents shall be made to the persons specified therein. The Administrative Agent shall distribute any such payments received by it for the account of any other Person person to the appropriate recipient promptly following receipt thereof, and no Borrower shall have any liability in the event timely or correct distribution of such payments is not so made. If any payment or prepayment hereunder under any Loan Document shall be due on a day that is not a Business Day, unless specified otherwise, the date for payment or prepayment, as the case may be, shall be extended to the next succeeding Business Day, and, in the case of any payment or prepayment accruing interest, interest thereon shall be payable for the period of such extension. All payments and prepayments hereunder under each Loan Document shall be made in U.S. dollars, except as expressly specified otherwise.

Appears in 1 contract

Samples: Credit Agreement (Norcraft Holdings, L.P.)

Payments Generally. Each Borrower (a) All payments under this Agreement or the Notes, shall make each payment and prepayment required to be made by it hereunder (whether in Dollars in immediately available funds to the Banks, in accordance with the respective obligations of principal, interest, fees or reimbursement the Borrower then due and payable to each of LC Disbursements, or under Section 2.13, 2.14 or 2.15, or otherwise) prior to 12:00 noon, them not later than 1:00 p.m. New York City time, time on the date when due, in immediately available funds, without set-off or counterclaim. Any amounts received relevant dates specified above (each such payment made after such time on any such due date may, in the discretion of the Administrative Agent, is to be deemed to have been received made on the next succeeding Business Day for purposes of calculating interest thereon. All such payments and prepayments shall be made Banking Day), to the Administrative Agent at such Bank's Lending Office. The Borrower will notify the Banks of its offices in New York City as shall be notified any payment pursuant to the relevant parties from provisions of this Section at the same time it makes any such payment. Each Bank may (but shall not be obligated to) debit the amount of any such payment to timeany ordinary deposit account of the Borrower with such Bank; provided, except payments however, that the Banks shall not be permitted to debit any funds which are not available to the Borrower other than on an overdraft basis. The Borrower shall, at the time of making each payment under this Agreement or the Notes, specify to the Banks the principal or other amount payable by the Borrower under this Agreement or the Notes to which such payment is to be made directly to an Issuing Lender as expressly provided herein and except applied; provided, however, that payments pursuant to Sections 2.13, 2.14, 2.15 and 10.03 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, and no Borrower shall have any liability in the event timely that the Borrower fails to so specify, or correct distribution if an Event of Default has occurred and is continuing, the Banks shall apply such payments is not so madepayment as they may elect in their sole discretion. If the due date of any payment under this Agreement or prepayment hereunder shall be due the Notes would otherwise fall on a day that which is not a Business Banking Day, the such date for payment or prepayment, as the case may be, shall be extended to the next succeeding Business Day, and, in the case of any payment or prepayment accruing interest, Banking Day and interest thereon shall be payable for any principal so extended for the period of such extension. All Except to the extent otherwise provided herein, it is the intention of the parties that all payments and prepayments hereunder shall be made to the Banks pro rata in U.S. dollarsaccordance with their respective Commitment Proportions.

Appears in 1 contract

Samples: Security Agreement (United Capital Corp /De/)

Payments Generally. Each Borrower shall make each payment and prepayment required to be made by it hereunder (whether of principal, interest, fees or reimbursement of LC Disbursements, or under Section 2.132.14, 2.14 2.15 or 2.152.16, 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 and prepayments shall be made to the Administrative Agent at such of its offices in New York City as shall be notified to the relevant parties from time to time, except payments to be made directly to an Issuing Lender as expressly provided herein and except that payments pursuant to Sections 2.13, 2.14, 2.15 2.15, 2.16 and 10.03 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, and no Borrower shall have any liability in the event timely or correct distribution of such payments is not so made. If any payment or prepayment hereunder shall be due on a day that is not a Business Day, the date for payment or prepayment, as the case may be, shall be extended to the next succeeding Business Day, and, in the case of any payment or prepayment accruing interest, interest thereon shall be payable for the period of such extension. All payments and prepayments hereunder shall be made in U.S. dollars.

Appears in 1 contract

Samples: Credit Agreement (Lamar Media Corp/De)

Payments Generally. Each The Borrower shall make each payment and prepayment required to be made by it hereunder (whether of principal, interest, fees or reimbursement of LC Disbursements, or of amounts payable under Section 2.132.14, 2.14 2.16 or 2.152.17, or otherwise) prior to 12:00 noon, New York City time, noon on the date when due, in immediately available funds, without defense, deduction, recoupment, 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 thereonthereon and fees with respect thereto. All such payments and prepayments shall be made to the Administrative Agent at to such of its offices in New York City account as the Administrative Agent shall be notified to the relevant parties specify from time to time, time by notice to the Borrower except payments to be made directly to an any Issuing Lender Bank as expressly provided herein and except that payments pursuant to Sections 2.13, 2.14, 2.15 2.16, 2.17 and 10.03 9.3 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, and no Borrower shall have any liability in the event timely or correct distribution of such payments is not so made. If any payment or prepayment hereunder shall be due on a day that is not a Business Day, the date for payment or prepayment, as the case may be, shall be extended to the next succeeding Business Day, and, in the case of any payment or prepayment accruing interest, interest thereon shall be payable for the period of such extension. All payments and prepayments hereunder shall be made in U.S. dollarsDollars.

Appears in 1 contract

Samples: Credit Agreement (AMERICAN EAGLE ENERGY Corp)

Payments Generally. Each The Borrower shall make each payment and prepayment required to be made by it hereunder or under any other Loan Document (whether of principal, interest, fees or reimbursement 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 the time expressly required hereunder or under such other Loan Document for such payment (or, if no such time is expressly required, prior to 12:00 noon, New York City Dallas, Texas time), on the date when due, in immediately available fundsfunds in the currency in which the underlying obligations being paid is denominated as determined pursuant hereto, without set-off or counterclaim; provided that the Borrower shall make all payments in respect of the Foreign Currency Loans prior to the time express required hereunder (or, if no such time is expressly required, prior to 12:00 noon, the applicable Foreign Currency Office time), on the date when due, in immediately available funds and in the Foreign Currency in which such Loan is denominated, 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 and prepayments shall be made to the Administrative Agent at such of its offices in New York City as shall be notified to the relevant parties from time to timeCity, except payments to be made directly to an the Issuing Bank or Swingline Lender as expressly provided herein and except that payments pursuant to Sections 2.132.15, 2.142.16, 2.15 2.17 and 10.03 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, and no Borrower shall have any liability in the event timely or correct distribution of such payments is not so made. If any payment or prepayment hereunder shall be due on a day that is not a Business Day, the date for payment or prepayment, as the case may be, shall be extended to the next succeeding Business Day, and, in the case of any payment or prepayment accruing interest, interest thereon shall be payable for the period of such extension. All payments and prepayments hereunder shall be made in U.S. dollars.

Appears in 1 contract

Samples: Credit Agreement (Trinity Industries Inc)

Payments Generally. Each The Borrower shall make each payment and prepayment required to be made by it hereunder or under any other Loan Document (whether of principal, interest, fees or reimbursement of LC Disbursements, or of amounts payable under Section 2.132.14, 2.14 2.15 or 2.152.16, or otherwise) prior to the time expressly required hereunder or under such other Loan Document for such payment (or, if no such time is expressly required, prior to 12:00 noon, New York City Dallas, Texas time), on the date when due, in immediately available fundsfunds in the Available Currency in which the underling obligations being paid is denominated as determined pursuant hereto, 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 and prepayments shall be made to the Administrative Agent at such of its offices in New York City as shall be notified to the relevant parties from time to timeYork, New York, except payments to be made directly to an Issuing Bank or Swingline Lender as expressly provided herein and except that payments pursuant to Sections 2.13, 2.14, 2.15 2.15, 2.16 and 10.03 and the other paragraphs of this Section 2.17 shall be made directly to the Persons entitled theretothereto and payments pursuant to other Loan Documents shall be made to the Persons specified therein. 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, and no Borrower shall have any liability in the event timely or correct distribution of such payments is not so made. If any payment or prepayment hereunder under any Loan Document shall be due on a day that is not a Business Day, the date for payment or prepayment, as the case may be, shall be extended to the next succeeding Business Day, and, in the case of any payment or prepayment accruing interest, interest thereon shall be payable for the period of such extension. All payments and prepayments hereunder shall be made in U.S. dollars.

Appears in 1 contract

Samples: Credit Agreement (Acxiom Corp)

Payments Generally. Each Borrower shall make each payment and prepayment required to be made by it hereunder or under any other Loan Document (whether of principal, interest, interest or fees or reimbursement of LC Disbursementsamounts payable under Sections 2.11, 2.13 or under Section 2.13, 2.14 or 2.1510.03, or otherwise) on or before the time expressly required hereunder or under such other Loan Document for such payment (or, if no such time is expressly required, prior to 12:00 noon2:00 p.m., New York City time), on the date when due, in immediately available funds, without set-off setoff, deduction or counterclaim, other than for Taxes as set forth in Section 2.13. Any amounts received after such time on any date may, in the discretion of the Administrative Agent, may be deemed to have been received on the next succeeding Business Day for purposes of calculating interest thereon. All such payments and prepayments shall be made to the Administrative Agent at such of its offices at as set forth in New York City Section 10.01(a) or as the Administrative Agent shall be notified to notify the relevant parties from time to time, except payments to be made directly to an Issuing Lender as expressly provided herein and except that payments pursuant to Sections 2.132.11, 2.14, 2.15 2.13 and 10.03 shall be made directly to the Persons persons entitled theretothereto and payments pursuant to other Loan Documents shall be made to the persons specified therein. The Administrative Agent shall distribute any such payments received by it for the account of any other Person person to the appropriate recipient promptly following receipt thereof, and no Borrower shall have any liability in the event timely or correct distribution of such payments is not so made. If any payment or prepayment hereunder under any Loan Document shall be due on a day that is not a Business Day, unless specified otherwise, the date for payment or prepayment, as the case may be, shall be extended to the next succeeding Business Day, and, in the case of any payment or prepayment accruing interest, interest thereon shall be payable for the period of such extension. All payments and prepayments hereunder under each Loan Document shall be made in U.S. dollars, except as expressly specified otherwise.

Appears in 1 contract

Samples: Second Lien Credit Agreement (Global Geophysical Services Inc)

Payments Generally. Each Borrower shall make each payment and prepayment required to be made by it hereunder (whether of principal, interest, fees or reimbursement of LC Disbursements, or under Section 2.13, 2.14 2.142.14, 2.15 or 2.152.15,2.16, 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 and prepayments shall be made to the Administrative Agent at such of its offices in New York City as shall be notified to the relevant parties from time to time, except payments to be made directly to an Issuing Lender as expressly provided herein and except that payments pursuant to Sections 2.13, 2.14, 2.15 2.152.15, 2.16 and 10.03 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, and no Borrower shall have any liability in the event timely or correct distribution of such payments is not so made. If any payment or prepayment hereunder shall be due on a day that is not a Business Day, the date for payment or prepayment, as the case may be, shall be extended to the next succeeding Business Day, and, in the case of any payment or prepayment accruing interest, interest thereon shall be payable for the period of such extension. All payments and prepayments hereunder shall be made in U.S. dollars.

Appears in 1 contract

Samples: Credit Agreement (Lamar Media Corp/De)

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Payments Generally. Each Borrower shall make each payment (i) Except as provided below, all payments, including prepayments, of principal and prepayment required interest on the Revolving Loans, of the Facility Fee and of all other amounts to be paid by the Borrower under the Loan Documents shall be made by it hereunder (whether of principalto the Administrative Agent, interest, fees or reimbursement of LC Disbursements, or under Section 2.13, 2.14 or 2.15, or otherwise) prior to 12:00 noon, New York City time, 1:00 p.m. on the date when such payment is due, for the account of the applicable Lenders at the Payment Office, in Dollars and in immediately available funds, without set-off off, offset, recoupment or counterclaim. Any amounts received after The failure of the Borrower to make any such payment by such time shall not constitute a Default, provided that such payment is made on such due date, but any such payment made after 1:00 p.m. on such due date may, in the discretion of the Administrative Agent, shall be deemed to have been received made on the next succeeding Business Day for purposes the purpose of calculating interest thereonon amounts outstanding on the Revolving Loans. All such payments As between the Borrower, the Administrative Agent and prepayments shall be made each Lender, any payment by the Borrower to the Administrative Agent at for the account of such of its offices in New York City as Lender shall be notified to the relevant parties from time to time, except payments deemed to be made directly payment by the Borrower to an Issuing Lender as expressly provided herein and except that such Lender. Notwithstanding the foregoing, all payments pursuant to Sections 2.133.5, 2.143.6, 2.15 3.7, and 10.03 11.4 shall be made paid directly to the Persons Person 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, and no Borrower shall have any liability in the event timely or correct distribution of such payments is not so made. If any payment or prepayment hereunder under the Loan Documents shall be due and payable on a day that which is not a Business Day, the due date for payment or prepayment, thereof (except as the case may be, otherwise provided with respect to Interest Periods) shall be extended to the next succeeding Business Day, and, Day and (except with respect to payments in the case respect of any payment or prepayment accruing interest, fees) interest thereon shall be payable for at the period of applicable rate specified herein during such extension. All payments and prepayments hereunder , provided, however, that if such next Business Day would be after the Revolving Loan Maturity Date, such payment shall instead be made in U.S. dollarsdue on the immediately preceding Business Day.

Appears in 1 contract

Samples: Credit Agreement (Yankee Energy System Inc)

Payments Generally. Each Borrower shall make each payment and prepayment required to be made by it hereunder or under any other Loan Document (whether of principal, interest, fees or reimbursement of LC DisbursementsReimbursement Obligations, or of amounts payable under Section 2.12, 2.13, 2.14 2.15 or 2.1510.03, or otherwise) on or before the time expressly required hereunder or under such other Loan Document for such payment (or, if no such time is expressly required, prior to 12:00 noon3:00 p.m., New York City time), on the date when due, in immediately available funds, without set-off setoff, deduction 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 and prepayments shall be made to the Administrative Agent at such of its offices at 600 Xxxxxxxxxx Xxxxxxxxx, Xxxxxxxx, Xxxxxxxxxxx to an account specified in New York City as shall be notified writing by the Administrative Agent to the relevant parties from time to timeBorrower, except payments to be made directly to an the Issuing Bank or Swingline Lender as expressly provided herein and except that payments pursuant to Sections 2.12, 2.13, 2.14, 2.15 and 10.03 shall be made directly to the Persons persons entitled theretothereto and payments pursuant to other Loan Documents shall be made to the persons specified therein. The Administrative Agent shall distribute any such payments received by it for the account of any other Person person to the appropriate recipient promptly following receipt thereof, and no Borrower shall have any liability in the event timely or correct distribution of such payments is not so made. If any payment or prepayment hereunder under any Loan Document shall be due on a day that is not a Business Day, unless specified otherwise, the date for payment or prepayment, as the case may be, shall be extended to the next succeeding Business Day, and, in the case of any payment or prepayment accruing interest, interest thereon shall be payable for the period of such extension. All payments and prepayments hereunder under each Loan Document shall be made in U.S. dollars, except as expressly specified otherwise.

Appears in 1 contract

Samples: Credit Agreement (Thompson Creek Metals CO Inc.)

Payments Generally. Each Borrower shall make each payment and prepayment required to be made by it hereunder or under any other Loan Document (whether of principal, interest, fees or reimbursement of LC DisbursementsReimbursement Obligations, or of amounts payable under Section 2.12, 2.13, 2.14 2.15 or 2.1510.03, or otherwise) on or before the time expressly required hereunder or under such other Loan Document for such payment (or, if no such time is expressly required, prior to 12:00 noon2:00 p.m., New York City time), on the date when due, in immediately available funds, without set-off setoff, deduction 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 and prepayments shall be made to the Administrative Agent at such of its offices in New York City as shall be notified to the relevant parties from time to timeat 200 Xxxxx Xxxxxxx Xxxxxx, Xxxxxxxxx, Xxxxx Xxxxxxxx, except payments to be made directly to an the Issuing Bank or Swingline Lender as expressly provided herein and except that payments pursuant to Sections 2.12, 2.13, 2.14, 2.15 and 10.03 shall be made directly to the Persons persons entitled theretothereto and payments pursuant to other Loan Documents shall be made to the persons specified therein. The Administrative Agent shall distribute any such payments received by it for the account of any other Person person to the appropriate recipient promptly following receipt thereof, and no Borrower shall have any liability in the event timely or correct distribution of such payments is not so made. If any payment or prepayment hereunder under any Loan Document shall be due on a day that is not a Business Day, unless specified otherwise, the date for payment or prepayment, as the case may be, shall be extended to the next succeeding Business Day, and, in the case of any payment or prepayment accruing interest, interest thereon shall be payable for the period of such extension. All payments and prepayments hereunder under each Loan Document shall be made in U.S. dollars, except as expressly specified otherwise.

Appears in 1 contract

Samples: Credit Agreement (Regency Energy Partners LP)

Payments Generally. Each Borrower shall make each payment and prepayment required to be made by it hereunder or under any other Loan Document (whether of principal, interest, fees or reimbursement of LC DisbursementsReimbursement Obligations, or of amounts payable under Section 2.12, 2.13, 2.14 2.15 or 2.1510.03, or otherwise) on or before the 47 SC1:3775857.9 LEGAL_US_E # 113365636.9 time expressly required hereunder or under such other Loan Document for such payment (or, if no such time is expressly required, prior to 12:00 noon2:00 p.m., New York City time, or 2:00 p.m., London time, in the case of a payment in an Alternate Currency), on the date when due, in immediately available funds, without set-off setoff, deduction 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 and prepayments shall be made to the Administrative Agent at such of its offices in New York City as shall be notified to the relevant parties from time to timeNotice Office, except payments to be made directly to an the Issuing Bank or Swingline Lender as expressly provided herein and except that payments pursuant to Sections 2.12, 2.13, 2.14, 2.15 and 10.03 shall be made directly to the Persons persons entitled theretothereto and payments pursuant to other Loan Documents shall be made to the persons specified therein. The Administrative Agent shall distribute any such payments received by it for the account of any other Person person to the appropriate recipient promptly following receipt thereof, and no Borrower shall have any liability in the event timely or correct distribution of such payments is not so made. If any payment or prepayment hereunder under any Loan Document shall be due on a day that is not a Business Day, unless specified otherwise, the date for payment or prepayment, as the case may be, shall be extended to the next succeeding Business Day, and, in the case of any payment or prepayment accruing interest, interest thereon shall be payable for the period of such extension. All payments and prepayments hereunder under each Loan Document shall be made in U.S. dollars, except as expressly specified otherwise.

Appears in 1 contract

Samples: Credit Agreement (CSG Systems International Inc)

Payments Generally. Each (a) The Borrower shall make each payment and prepayment required to be made by it hereunder (whether of principal, interest, fees or reimbursement of LC Disbursements, or of amounts payable under Section 2.132.12, 2.14 2.13 or 2.152.14, or otherwise) prior to 12:00 noon2:00 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 discretion of the Administrative AgentLender, be deemed to have been received on the next succeeding Business Day for purposes of calculating interest thereon. All such payments and prepayments shall be made to the Administrative Agent Lender at such of its offices in at 00 Xxxxxxxxx Xxxxx Xxxxxxxxx, Albany, New York City as shall be notified to the relevant parties from time to time, except payments to be made directly to an Issuing Lender as expressly provided herein and except that payments pursuant to Sections 2.13, 2.14, 2.15 and 10.03 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, and no Borrower shall have any liability in the event timely or correct distribution of such payments is not so made12211. If any payment or prepayment hereunder shall be due on a day that is not a Business Day, the date for payment or prepayment, as the case may be, shall be extended to the next succeeding Business Day, and, in the case of any payment or prepayment accruing interest, interest thereon shall be payable for the period of such extension. All payments and prepayments hereunder shall be made in U.S. dollars. (b) If at any time insufficient funds are received by and available to the Lender to pay fully all amounts of principal, unreimbursed LC Disbursements, interest and fees then due hereunder, such funds shall be applied (i) first, towards payment of interest and fees then due hereunder, and (ii) second, towards payment of principal and unreimbursed LC Disbursements then due hereunder. SECTION 2.16.

Appears in 1 contract

Samples: Jpmorgan Credit Agreement (Central Vermont Public Service Corp)

Payments Generally. Each (a) The Borrower shall make each payment and prepayment required to be made by it hereunder under any Transaction Document (whether of principal, interest, fees or reimbursement of LC Disbursements, other amounts) on or prior to the time expressly required hereunder or under Section 2.13such other Transaction Document for such payment (or, 2.14 if no such time is expressly required, on or 2.15, or otherwise) prior to 12:00 noon, 3:00 P.M. (New York City time, ) on the date when due, in immediately available funds, without set-off setoff 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 and prepayments shall be made to such account as may be specified by the Administrative Agent at such of its offices in New York City as shall be notified to the relevant parties from time to timeAgent, except payments to be made directly to an Issuing Lender as expressly provided herein and except that payments pursuant to Sections 2.13Section 3.2, 2.14, 2.15 Section 12.4 and 10.03 Section 12.7 shall be made directly to the Persons entitled theretothereto and payments pursuant to other Transaction Documents shall be made to the Persons specified therein. 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, and no Borrower shall have any liability in the event timely or correct distribution of such payments is not so made. If any payment or prepayment hereunder (other than payments on the SOFR Loans) under any Transaction Document shall be due on a day that is not a Business Day, the date for payment or prepayment, as the case may be, shall be extended to the next succeeding Business Day. If any payment on a SOFR Loan becomes due and payable on a day other than a Business Day (other than any such payment due and payable on the Maturity Date which shall be governed by, andand subject to, Section 1.5), the maturity thereof shall be extended to the next succeeding Business Day unless the result of such extension would be to extend such payment into another calendar month, in which event such payment shall be made on the immediately preceding Business Day. In the case of any payment or prepayment accruing interestof principal pursuant to the preceding two sentences, interest thereon shall be payable at the then Uniti – Bridge Loan and Security Agreement applicable rate for the period of such extension. All payments and prepayments hereunder under each Transaction Document shall be made in U.S. dollarsDollars.

Appears in 1 contract

Samples: Bridge Loan and Security Agreement (Uniti Group Inc.)

Payments Generally. Each (a) The Borrower shall make each payment and prepayment required to be made by it hereunder (whether of principal, interest, fees or reimbursement of LC Disbursements, or of amounts payable under Section 2.132.12, 2.14 2.13 or 2.152.14, or otherwise) prior to 12:00 noon2:00 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 discretion of the Administrative AgentLender, be deemed to have been received on the next succeeding Business Day for purposes of calculating interest thereon. All such payments and prepayments shall be made to the Administrative Agent Lender at such of its offices in New York City as shall be notified to the relevant parties from time to timeat 000 Xxxx Xxxxxx, except payments to be made directly to an Issuing Lender as expressly provided herein and except that payments pursuant to Sections 2.13Xxxxxxxxxx, 2.14, 2.15 and 10.03 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, and no Borrower shall have any liability in the event timely or correct distribution of such payments is not so madeXxxxxxx 00000. If any payment or prepayment hereunder shall be due on a day that is not a Business Day, the date for payment or prepayment, as the case may be, shall be extended to the next succeeding Business Day, and, in the case of any payment or prepayment accruing interest, interest thereon shall be payable for the period of such extension. All payments and prepayments hereunder shall be made in U.S. dollars. (b) If at any time insufficient funds are received by and available to the Lender to pay fully all amounts of principal, unreimbursed LC Disbursements, interest and fees then due hereunder, such funds shall be applied (i) first, towards payment of interest and fees then due hereunder, and (ii) second, towards payment of principal and unreimbursed LC Disbursements then due hereunder. SECTION 2.16.

Appears in 1 contract

Samples: Credit Agreement (Central Vermont Public Service Corp)

Payments Generally. Each (a) The Borrower shall make each payment and prepayment required to be made by it hereunder or under any other Loan Document (whether of principal, interest, fees or reimbursement of LC Disbursementsfees, or of amounts payable under Section 2.132.08, 2.14 2.09 or 2.152.10, or otherwise) prior to the time expressly required hereunder or under such other Loan Document for such payment (or, if no time is expressly required, 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 AgentLender, be deemed to have been received on the next succeeding Business Day for purposes of calculating interest thereon. All such payments and prepayments shall be made to the Administrative Agent Lender at such of its main offices in at New York, New York City or to such other office within the United States of America as shall be notified to the relevant parties otherwise designated from time to timetime by the Lender, except payments to be made directly to an Issuing Lender as expressly provided herein and except that payments pursuant to Sections 2.132.08, 2.142.09, 2.15 2.10 and 10.03 8.03 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, and no Borrower shall have any liability in the event timely or correct distribution of such payments is not so made. If any payment or prepayment hereunder of under any other Loan Document shall be due on a day that is not a Business Day, the date for payment or prepayment, as the case may be, shall be extended to the next succeeding Business Day, and, in the case of any payment or prepayment accruing interest, interest thereon shall be payable for the period of such extension. All payments and prepayments hereunder or under any other Loan Document shall be made in U.S. dollars.

Appears in 1 contract

Samples: Credit Agreement (Atari Inc)

Payments Generally. Each Borrower (a) All payments under this Agreement or the Notes, shall make each payment and prepayment required to be made by it hereunder (whether in Dollars in immediately available funds to the Banks, in accordance with the respective obligations of principal, interest, fees or reimbursement the Borrower then due and payable to each of LC Disbursements, or under Section 2.13, 2.14 or 2.15, or otherwise) prior to 12:00 noon, them not later than 1:00 p.m. New York City time, time on the date when due, in immediately available funds, without set-off or counterclaim. Any amounts received relevant dates specified above (each such payment made after such time on any such due date may, in the discretion of the Administrative Agent, is to be deemed to have been received made on the next succeeding Business Day for purposes of calculating interest thereon. All such payments and prepayments shall be made Banking Day), to the Administrative Agent at such Bank's Lending Office. The Borrower will notify the Banks of its offices in New York City as shall be notified any payment pursuant to the relevant parties from provisions of this Section at the same time it makes any such payment. Each Bank may (but shall not be obligated to) debit the amount of any such payment to timeany ordinary deposit account of the Borrower with such Bank; provided, except payments however, that the Banks shall not be permitted to debit any funds which are not available to the Borrower other than on an overdraft basis. The Borrower shall, at the time of making each payment under this Agreement or the Notes, specify to the Banks the principal or other amount payable by the Borrower under this Agreement or the Notes to which such payment is to be made directly to an Issuing Lender as expressly provided herein and except applied; provided, however, that payments pursuant to Sections 2.13, 2.14, 2.15 and 10.03 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, and no Borrower shall have any liability in the event timely that the Borrower fails to so specify, or correct distribution if an Event of Default has occurred and is continuing, the Banks shall apply such payments is not so madepayment as they may elect in their sole discretion. If the due date of any payment under this Agreement or prepayment hereunder shall be due the Notes would otherwise fall on a day that which is not a Business Banking Day, the such date for payment or prepayment, as the case may be, shall be extended to the next succeeding Business Day, and, in the case of any payment or prepayment accruing interest, Banking Day and interest thereon shall be payable for any principal so extended for the period of such extension. All Except to the extent otherwise provided herein, it is the intention of the parties that all payments and prepayments hereunder shall be made to the Banks PRO RATA in U.S. dollarsaccordance with their respective Commitment Proportions.

Appears in 1 contract

Samples: Security Agreement (United Capital Corp /De/)

Payments Generally. Each The Borrower shall make each payment and prepayment required to be made by it hereunder or under any other Loan Document (whether of principal, interest, fees or reimbursement of LC Disbursements, or of amounts payable under Section 2.132.14, 2.14 2.15 or 2.152.16, or otherwise) prior to the time expressly required hereunder or under such other Loan Document for such payment (or, if no such time is expressly required, prior to 12:00 noon, New York City Dallas, Texas time), on the date when due, in immediately available fundsfunds in the Available Currency in which the underling obligations being paid is denominated as determined pursuant hereto, 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 and prepayments shall be made to the Administrative Agent at such of its offices in New York City as shall be notified to the relevant parties from time to timeYork, New York, except payments to be made directly to an Issuing Bank or Swingline Lender as expressly provided herein and except that payments pursuant to Sections 2.13, 2.14, 2.15 2.15, 2.16 and 10.03 and the other paragraphs of this Section 2.17 shall be made directly to the Persons entitled theretothereto and payments pursuant to other Loan Documents shall be made to the Persons specified therein. 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, and no Borrower shall have any liability in the event timely or correct distribution of such payments is not so made. If any payment or prepayment hereunder under any Loan Document shall be due on a day that is not a Business Day, the date for payment or prepayment, as the case may be, shall be extended to the next succeeding Business Day, and, in the case of any payment or prepayment accruing interest, interest thereon shall be payable for the period of such extension. All payments and prepayments hereunder shall be made in U.S. dollars.

Appears in 1 contract

Samples: Credit Agreement (Acxiom Corp)

Payments Generally. Each (a) The Borrower shall make each payment and prepayment required to be made by it hereunder (whether of principal, interest, or fees or reimbursement of LC Disbursements, or amounts payable under Section 2.13, 2.14 2.09 or 2.152.10, or otherwise) without condition or deduction for any counterclaim, defense, recoupment or setoff prior to 12:00 noon2:00 p.m., New York City time, or such other time as may be agreed between the Borrower and the Lender, 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 AgentLender, be deemed to have been received on the next succeeding Business Day for purposes of calculating interest thereon. All such payments and prepayments shall be made (i) in Dollars and (ii) to the Administrative Agent at such of its offices in New York City as shall be notified to the relevant parties from time to timeLender, except payments to be made directly to an Issuing Lender as expressly provided herein and except that payments pursuant to Sections 2.132.09, 2.14, 2.15 2.10 and 10.03 8.03 shall be made directly to the Persons entitled thereto. The Administrative Agent Lender shall distribute any such payments denominated in the same currency received by it for the account of any other Person to the appropriate recipient promptly following receipt thereof, and no Borrower shall have any liability in the event timely or correct distribution of such payments is not so made. If any payment or prepayment hereunder shall be due on a day that is not a Business Day, the date for payment or prepayment, as the case may be, shall be extended to the next succeeding Business Day, and, in the case of any payment or prepayment accruing interest, interest thereon shall be payable for the period of such extension. All payments and prepayments hereunder shall be made in U.S. dollars.

Appears in 1 contract

Samples: Credit Agreement (Fortress Transportation & Infrastructure Investors LLC)

Payments Generally. Each Borrower shall make each payment and prepayment required to be made by it hereunder or under any other Loan Document (whether of principal, interest, fees or reimbursement of LC DisbursementsReimbursement Obligations, or of amounts payable under Section 2.131.12, 2.14 1.13, 1.15 or 2.159.5, or otherwise) on or before the time expressly required hereunder or under such other Loan Document for such payment (or, if no such time is expressly required, prior to 12:00 noon2:00 p.m., New York City time), on the date when due, in immediately available funds, without set-off setoff, deduction 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 and prepayments shall be made to the Administrative Agent at such of its offices in New York City as shall be notified to the relevant parties from time to timeat 000 Xxxxxxx 0, Norwalk, CT, except payments to be made directly to an Issuing the L/C Issuer or Swingline Lender as expressly provided herein and except that payments pursuant to Sections 2.131.12, 2.141.13, 2.15 1.15 and 10.03 9.5 shall be made directly to the Persons persons entitled theretothereto and payments pursuant to other Loan Documents shall be made to the persons specified therein. The Administrative Agent shall distribute any such payments received by it for the account of any other Person person to the appropriate recipient promptly following receipt thereof, and no Borrower shall have any liability in the event timely or correct distribution of such payments is not so made. If any payment or prepayment hereunder under any Loan Document shall be due on a day that is not a Business Day, unless specified otherwise, the date for payment or prepayment, as the case may be, shall be extended to the next succeeding Business Day, and, in the case of any payment or prepayment accruing interest, interest thereon shall be payable for the period of such extension. All payments and prepayments hereunder under each Loan Document shall be made in U.S. dollars, except as expressly specified otherwise.

Appears in 1 contract

Samples: Credit Agreement (Archipelago Learning, Inc.)

Payments Generally. Each Borrower shall make each payment and prepayment required to be made by it hereunder or under any other Loan Document (whether of principal, interest, fees or reimbursement of LC DisbursementsReimbursement Obligations, or of amounts payable under Section 2.12, 2.13, 2.14 2.15 or 2.1510.03, or otherwise) on or before the time expressly required hereunder or under such other Loan Document for such payment (or, if no such time is expressly required, prior to 12:00 noon2:00 p.m., New York City time), on the date when due, in immediately available funds, without set-off setoff, deduction 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 and prepayments shall be made to the Administrative Agent at such of its offices in New York City as shall be notified to the relevant parties from time to timeat Stamford, Connecticut, except payments to be made directly to an the Issuing Bank or Swingline Lender as expressly provided herein and except that payments pursuant to Sections 2.12, 2.13, 2.14, 2.15 and 10.03 shall be made directly to the Persons persons entitled theretothereto and payments pursuant to other Loan Documents shall be made to the persons specified therein. The Administrative Agent shall distribute any such payments received by it for the account of any other Person person to the appropriate recipient promptly following receipt thereof, and no Borrower shall have any liability in the event timely or correct distribution of such payments is not so made. If any payment or prepayment hereunder under any Loan Document shall be due on a day that is not a Business Day, unless specified otherwise, the date for payment or prepayment, as the case may be, shall be extended to the next succeeding Business Day, and, in the case of any payment or prepayment accruing interest, interest thereon shall be payable for the period of such extension. All payments and prepayments hereunder under each Loan Document shall be made in U.S. dollars, except as expressly specified otherwise.

Appears in 1 contract

Samples: Credit Agreement (Ducommun Inc /De/)

Payments Generally. Each Borrower shall make each payment and prepayment required to be made by it hereunder or under any other Loan Document (whether of principal, interest, fees or reimbursement of LC DisbursementsReimbursement Obligations, or of amounts payable under Section 2.12, 2.13, 2.14 2.15 or 2.1510.03, or otherwise) on or before the time expressly required hereunder or under such other Loan Document for such payment (or, if no such time is expressly required, prior to 12:00 noon3:00 p.m., New York City time), on the date when due, in immediately available funds, without set-off setoff, deduction 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 and prepayments shall be made to the Administrative Agent at such of its offices in New York City as shall be notified to the relevant parties from time to timeat 677 Washington Boulevard, Stamford, Connecticut, except payments to be made directly to an Issuing tx xx xxxx xxxxxxxx xx xxx Xxxxxxx Xxxx xx Xxxxxline Lender as expressly provided herein and except that payments pursuant to Sections 2.12, 2.13, 2.14, 2.15 and 10.03 shall be made directly to the Persons persons entitled theretothereto and payments pursuant to other Loan Documents shall be made to the persons specified therein. The Administrative Agent shall distribute any such payments received by it for the account of any other Person person to the appropriate recipient promptly following receipt thereof, and no Borrower shall have any liability in the event timely or correct distribution of such payments is not so made. If any payment or prepayment hereunder under any Loan Document shall be due on a day that is not a Business Day, unless specified otherwise, the date for payment or prepayment, as the case may be, shall be extended to the next succeeding Business Day, and, in the case of any payment or prepayment accruing interest, interest thereon shall be payable for the period of such extension. All payments and prepayments hereunder under each Loan Document shall be made in U.S. dollars, except as expressly specified otherwise.

Appears in 1 contract

Samples: Credit Agreement (Kendle International Inc)

Payments Generally. Each (a) Amounts prepaid on account of the Loans may not be reborrowed. The Borrower shall make each payment and prepayment required to be made by it hereunder (whether of principal, interest, fees interest or reimbursement of LC Disbursementsfees, or of amounts payable under Section 2.132.12, 2.14 2.13 or 2.152.14, or otherwise) prior to 12:00 noon1:00 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 discretion of the Administrative AgentLender, be deemed to have been received on the next succeeding Business Day for purposes of calculating interest thereon. All such payments and prepayments shall be made to the Administrative Agent Lender at such of its offices in New York City as shall be notified to the relevant parties from time to timedesignated office, except payments to be made directly to an Issuing Lender as expressly provided herein and except that payments pursuant to Sections 2.12, 2.13, 2.14, 2.15 2.14 and 10.03 9.03 shall be made directly to the Persons entitled thereto. The Administrative Agent Lender shall distribute any such payments received by it for the account of any other Person to the appropriate recipient promptly following receipt thereof, and no Borrower shall have any liability in the event timely or correct distribution of such payments is not so made. If any payment hereunder or prepayment hereunder under any Loan Document shall be due on a day that is not a Business Day, the date for payment or prepayment, as the case may be, shall be extended to the next succeeding Business Day, and, in the case of any payment or prepayment accruing interest, interest thereon shall be payable for the period of such extension. All payments and or prepayments hereunder of any Loan shall be made in U.S. dollarsDollars and all other payments under each Loan Document shall be made in Dollars. (b) If at any time insufficient funds are received by and available to the Lender to pay fully all amounts of principal, interest and fees then due hereunder, such funds shall be applied (i) first, towards payment of interest and fees then due hereunder, ratably among the parties entitled thereto in accordance with the amounts of interest and fees then due to such parties, and (ii) second, towards payment of principal then due hereunder, ratably among the parties entitled thereto in accordance with the amounts of principal then due to such parties.

Appears in 1 contract

Samples: 96140098v24 Execution Version Credit Agreement (Aspen Technology, Inc.)

Payments Generally. Each Borrower Borrowers shall make each payment and prepayment required to be made by it hereunder or under any other Transaction Document (whether of principal, interest, fees interest or reimbursement of LC Disbursements, amounts otherwise payable) on or before the time expressly required hereunder or under Section 2.13such other Transaction Document for such payment (or, 2.14 or 2.15if no such time is expressly required, or otherwise) prior to 12:00 noon2:00 p.m., New York City time), on the date when due, in immediately available funds, without set-off setoff, deduction or counterclaim. Any amounts received after such time on any date may, in the discretion of the Administrative AgentLender, be deemed to have been received on the next succeeding Business Day for purposes of calculating interest thereon. All such payments and prepayments shall be made to the Administrative Agent Lender at such of its offices in New York City as shall be notified to the relevant parties from time to timeat 000 Xxxxxxxxxx Xxxxxxxxx, except payments to be made directly to an Issuing Lender as expressly provided herein Xxxxxxxx, XX 00000, and except that payments pursuant to Sections 2.132.07, 2.142.08, 2.15 2.10 and 10.03 9.03 shall be made directly to the Persons persons entitled theretothereto and payments pursuant to other Transaction Documents shall be made to the persons specified therein. The Administrative Agent Lender shall distribute any such payments received by it for the account of any other Person person to the appropriate recipient promptly following receipt thereof, and no Borrower shall have any liability in the event timely or correct distribution of such payments is not so made. If any payment or prepayment hereunder under any Transaction Document shall be due on a day that is not a Business Day, unless specified otherwise, the date for payment or prepayment, as the case may be, shall be extended to the next succeeding Business Day, and, in the case of any payment or prepayment accruing interest, interest thereon shall be payable for the period of such extension. All payments and prepayments hereunder under each Transaction Document shall be made in U.S. dollars, except as expressly specified otherwise.

Appears in 1 contract

Samples: Credit Agreement (Impac Mortgage Holdings Inc)

Payments Generally. Each Borrower shall make each payment and prepayment required to be made by it hereunder (whether of principal, interest, fees or reimbursement of LC Disbursements, or 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 and prepayments shall be made to the Administrative Agent at such of its offices in New York City as shall be notified to the relevant parties from time to time, except payments to be made directly to an Issuing Lender as expressly provided herein and except that payments pursuant to Sections 2.13, 2.14, 2.15 and 10.03 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, and no Borrower shall have any liability in the event timely or correct distribution of such payments is not so made. If any payment or prepayment hereunder shall be due on a day that is not a Business Day, the date for payment or prepayment, as the case may be, shall be extended to the next succeeding Business Day, and, in Credit Agreement -57- the case of any payment or prepayment accruing interest, interest thereon shall be payable for the period of such extension. All payments and prepayments hereunder shall be made in U.S. dollars.

Appears in 1 contract

Samples: Credit Agreement (Lamar Media Corp/De)

Payments Generally. Each Borrower shall make each payment and prepayment required to be made by it hereunder or under any other Loan Document (whether of principal, interest, fees or reimbursement of LC DisbursementsReimbursement Obligations, or of amounts payable under Section 2.12, 2.13, 2.14 2.15 or 2.1510.03, or otherwise) on or before the time expressly required hereunder or under such other Loan Document for such payment (or, if no such time is expressly required, prior to 12:00 noon3:00 p.m., New York City time), on the date when due, in immediately available funds, without set-off setoff, deduction 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 and prepayments shall be made to the Administrative Agent at such of its offices in New York City as shall be notified to the relevant parties from time to timeat Stamford, Connecticut, except payments to be made directly to an the Issuing Bank or Swingline Lender as expressly provided herein and except that payments pursuant to Sections 2.12, 2.13, 2.14, 2.15 and 10.03 shall be made directly to the Persons persons entitled theretothereto and payments pursuant to other Loan Documents shall be made to the persons specified therein. The Administrative Agent shall distribute any such payments received by it for the account of any other Person person to the appropriate recipient promptly following receipt thereof, and no Borrower shall have any liability in the event timely or correct distribution of such payments is not so made. If any payment or prepayment hereunder under any Loan Document shall be due on a day that is not a Business Day, unless specified otherwise, the date for payment or prepayment, as the case may be, shall be extended to the next succeeding Business Day, and, in the case of any payment or prepayment accruing interest, interest thereon shall be payable for the period of such extension. All payments and prepayments hereunder under each Loan Document shall be made in U.S. dollarsDollars, except as expressly specified otherwise.

Appears in 1 contract

Samples: Credit Agreement (CPI International Holding Corp.)

Payments Generally. (a) Each Borrower shall make each payment and prepayment required to be made by it hereunder (whether of principal, interest, fees or reimbursement of LC Disbursements, or under Section 2.13, 2.14 or 2.15, or otherwise) prior to 12:00 noon2:00 p.m., New York City timeLocal 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, counterclaim to an account that the Applicable Agent shall most recently have specified 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 and prepayments shall be made a notice delivered to the Administrative Agent at such of its offices in New York City as shall be notified to the relevant parties from time to time, except Borrowers; provided that payments to be made directly to an any Issuing Bank or to the Swingline Lender as expressly provided herein shall be made to such Issuing Bank or to the Swingline Lender, as applicable, and except that payments pursuant to Sections 2.132.15, 2.142.16, 2.15 2.20 and 10.03 10.04 shall be made directly to the Persons persons entitled thereto. The Administrative Applicable Agent shall distribute any such payments payment received by it (i) for the account of any other Person Lender, to the Applicable Lending Office of such Lender and (ii) for the account of any Issuing Bank or the Swingline Lender, to the appropriate recipient to the office most recently specified by it in a notice to such Agent for payments of such type, in each case promptly following receipt thereof, and no Borrower shall have any liability in the event timely or correct distribution of such payments is not so madepayment. If Except as expressly provided otherwise herein, if any payment or prepayment hereunder shall be due on a day that is not a Business Day, the date for payment or prepayment, as the case may be, shall be extended to the next succeeding Business Day, Day and, in the case of any payment or prepayment accruing interest, interest thereon shall be payable for the period of such extension. All payments and prepayments hereunder of principal or interest in respect of any Loan (or of any breakage indemnity or payment under Section 2.16 in respect of any Loan) shall be made in U.S. dollarsthe currency of such Loan; all other payments hereunder and under each other Credit Document shall be made in US Dollars. Any payment required to be made by any Agent hereunder shall be deemed to have been made by the time required if such Agent shall, at or before such time, have taken the necessary steps to make such payment in accordance with the regulations or operating procedures of the clearing or settlement system used by such Agent to make such payment.

Appears in 1 contract

Samples: Credit Agreement (Millennium Chemicals Inc)

Payments Generally. Each Borrower shall make each payment and prepayment required to be made by it hereunder or under any other Loan Document (whether of principal, interest, fees or reimbursement of LC DisbursementsReimbursement Obligations, or of amounts payable under Section 2.12, 2.13, 2.14 2.15 or 2.1510.03, or otherwise) on or before the time expressly required hereunder or under such other Loan Document for such payment (or, if no such time is expressly required, prior to 12:00 noon2:00 p.m., New York City time), on the date when due, in immediately available funds, without set-off setoff, deduction 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 and prepayments shall be made to the Administrative Agent at such of its offices in New York City as shall be notified to the relevant parties from time to timeat 300 Xxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, except payments to be made directly to an the Issuing Lender Bank as expressly provided herein and except that payments pursuant to Sections 2.12, 2.13, 2.14, 2.15 and 10.03 shall be made directly to the Persons persons entitled theretothereto and payments pursuant to other Loan Documents shall be made to the persons specified therein. The Administrative Agent shall distribute any such payments received by it for the account of any other Person person to the appropriate recipient promptly following receipt thereof, and no Borrower shall have any liability in the event timely or correct distribution of such payments is not so made. If any payment or prepayment hereunder under any Loan Document shall be due on a day that is not a Business Day, unless specified otherwise, the date for payment or prepayment, as the case may be, shall be extended to the next succeeding Business Day, and, in the case of any payment or prepayment accruing interest, interest thereon shall be payable for the period of such extension. All payments and prepayments hereunder under each Loan Document shall be made in U.S. dollars, except as expressly specified otherwise.

Appears in 1 contract

Samples: Credit Agreement (Navisite Inc)

Payments Generally. Each The Borrower shall make each payment and prepayment required to be made by it hereunder (whether of principal, interest, fees or reimbursement of LC Disbursements, or under Section 2.13, 2.14 any other Loan Document on or 2.15, or otherwise) prior to 12:00 noonthe time expressly required hereunder or under such other Loan Document for such payment (or, if no such time is expressly required, on or prior to 2:00 p.m., New York City time), on the date when due, in immediately available fundsfunds (to the extent required hereby), without set-off any defense, setoff, recoupment or counterclaim. Any amounts received after such time on any date may, in the discretion of the Administrative AgentLenders, be deemed to have been received on the next succeeding Business Day for purposes of calculating interest thereon. All such payments and prepayments shall be made to such account as may be specified by the Administrative Agent at such of its offices in New York City as shall be notified to the relevant parties from time to time, except payments to be made directly to an Issuing Lender as expressly Lenders; provided herein and except that payments pursuant to Sections 2.13, 2.14, 2.15 and 10.03 shall be made directly to the Persons entitled theretothereto and payments pursuant to other Loan Documents shall be made to the Persons specified therein. The Administrative Agent will promptly distribute to each Lender its ratable share of each payment received by it for the account of the Lenders in like funds as received by wire transfer to the respective Lenders’ applicable accounts. The Lenders shall distribute any such payments payment received by it any of them for the account of any other Person to the appropriate recipient promptly following receipt thereof, and no Borrower shall have any liability in the event timely or correct distribution of such payments is not so made. If any payment hereunder or prepayment hereunder under any other Loan Document shall be due on a day that is not a Business Day, the date for payment or prepayment, as the case may be, shall be extended to the next succeeding Business Day, Day and, in the case of any payment or prepayment accruing interest, interest thereon shall be payable for the period of such extension. All payments and prepayments hereunder under each Loan Document shall be made in U.S. dollars.

Appears in 1 contract

Samples: Possession  credit Agreement (SmileDirectClub, Inc.)

Payments Generally. Each (a) The Borrower shall make each payment and prepayment required to be made by it hereunder under any Transaction Document (whether of principal, interest, fees or reimbursement of LC Disbursements, other amounts) on or prior to the time expressly required hereunder or under Section 2.13such other Transaction Document for such payment (or, 2.14 if no such time is expressly required, on or 2.15, or otherwise) prior to 12:00 noon, 3:00 P.M. (New York City time, ) on the date when due, in immediately available funds, without set-off setoff 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 and prepayments shall be made to such account as may be specified by the Administrative Agent at such of its offices in New York City as shall be notified to the relevant parties from time to timeAgent, except payments to be made directly to an Issuing Lender as expressly provided herein and except that payments pursuant to Sections 2.13Section 3.2, 2.14, 2.15 Section 12.4 and 10.03 Section 12.7 shall be made directly to the Persons entitled theretothereto and payments pursuant to other Transaction Documents shall be made to the Persons specified therein. 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, and no Borrower shall have any liability in the event timely or correct distribution of such payments is not so made. If any payment or prepayment hereunder (other than payments on the SOFR Loans) under any Transaction Document shall be due on a day that is not a Business Day, the date for payment or prepayment, as the case may be, shall be extended to the next succeeding Business Day. If any payment on a SOFR Loan becomes due and payable on a day other than a Business Day (other than any such payment due and payable on the Maturity Date which shall be governed by, andand subject to, Section 1.5), the maturity thereof shall be extended to the next succeeding Business Day unless the result of such extension would be to extend such payment into another calendar month, in which event such payment shall be made on the immediately preceding Business Day. In the case of any payment or prepayment accruing interestof principal pursuant to the preceding two sentences, interest thereon shall be payable at the then applicable rate for the period of such extension. All payments and prepayments hereunder under each Transaction Document shall be made in U.S. dollarsDollars.

Appears in 1 contract

Samples: Bridge Loan and Security Agreement (Uniti Group Inc.)

Payments Generally. Each Borrower shall make each payment and prepayment required to be made by it hereunder or under any other Loan Document (whether of principal, interest, fees or reimbursement of LC DisbursementsReimbursement Obligations, or of amounts payable under Section 2.132.11, 2.12, 2.14 or 2.1510.03, or otherwise) on or before the time expressly required hereunder or under such other Loan Document for such payment (or, if no such time is expressly required, prior to 12:00 noon2:00 p.m., New York City time), on the date when due, in immediately available funds, without set-off setoff, deduction 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 and prepayments shall be made to the Administrative Agent at such of its offices in New York City as shall be notified to the relevant parties from time to timeat 000 Xxxxxxxxxx Xxxxxxxxx, Xxxxxxxx, Xxxxxxxxxxx, except payments to be made directly to an the Issuing Bank or Swingline Lender as expressly provided herein and except that payments pursuant to Sections 2.132.11, 2.142.12, 2.15 2.14 and 10.03 shall be made directly to the Persons persons entitled theretothereto and payments pursuant to other Loan Documents shall be made to the persons specified therein. The Administrative Agent shall distribute any such payments received by it for the account of any other Person person to the appropriate recipient promptly following receipt thereof, and no Borrower shall have any liability in the event timely or correct distribution of such payments is not so made. If any payment or prepayment hereunder under any Loan Document shall be due on a day that is not a Business Day, unless specified otherwise, the date for payment or prepayment, as the case may be, shall be extended to the next succeeding Business Day, and, in the case of any payment or prepayment accruing interest, interest thereon shall be payable for the period of such extension. All payments and prepayments hereunder under each Loan Document shall be made in U.S. dollars, except as expressly specified otherwise.

Appears in 1 contract

Samples: Credit Agreement (SFBC International Inc)

Payments Generally. Each The Borrower shall make each payment and prepayment required to be made by it hereunder or under any other Loan Document (whether of principal, interest, fees or reimbursement of LC DisbursementsReimbursement Obligations, or of amounts payable under Section 2.13Sections 2,12, 2.14 2,13, 2,15 or 2.1510,03, or otherwise) on or before the time expressly required hereunder or under such other Loan Document for such payment (or, if no such time is expressly required, prior to 12:00 noon2:00 p.m., New York City time), on the date when due, in immediately available funds, free and clear of, and without set-off condition or counterclaimdeduction for, recoupment or setoff. 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 and prepayments shall be made to the Administrative Agent at such of its offices in New York City as shall be notified to the relevant parties from time to time, Principal Office except payments to be made directly to an the Issuing Bank or Swing Line Lender as expressly provided herein and except that payments pursuant to Sections 2.132,12, 2.142,13, 2.15 2,15 and 10.03 shall be made directly to the Persons persons entitled theretothereto and payments pursuant to other Loan Documents shall be made to the persons specified therein. The Administrative Agent shall distribute any such payments received by it for the account of any other Person person to the appropriate recipient promptly following receipt thereof, and no Borrower shall have any liability in the event timely or correct distribution of such payments is not so made. If any payment or prepayment hereunder under any Loan Document shall be due on a day that is not a Business Day, unless specified otherwise, the date for payment or prepayment, as the case may be, shall be extended to the next succeeding Business Day, and, in the case of any payment or prepayment accruing interest, interest thereon shall be payable for the period of such extension. All payments and prepayments hereunder under each Loan Document shall be made in U.S. dollarsDollars. For the avoidance of doubt, notwithstanding any other provision of any Loan Document to the contrary, no payment received directly or indirectly from any Credit Party that is not a Qualified ECP Guarantor shall be applied directly or indirectly by the Administrative Agent or otherwise to the payment of any Excluded Swap Obligations.

Appears in 1 contract

Samples: Credit Agreement (Dragoneer Growth Opportunities Corp. II)

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