Advances; Payments; Interest and Fee Payments. (i) The amount of outstanding Loans pursuant to Advances may fluctuate from day to day through Agent’s disbursement of funds to, and receipt of funds from, Borrowers. In order to minimize the frequency of transfers of funds between Agent and each Revolving Lender, notwithstanding terms to the contrary set forth in Section 11.4, Advances and repayments thereof may be settled according to the procedures described in Section 11.5(a)(ii) and Section 11.5(a)(iii). Payments of principal on the Term Loans, will be settled, in accordance with each Lender’s Pro Rata Share, on the first Business Day after such payments are received. Notwithstanding these procedures, each Revolving Lender’s obligation to fund its Pro Rata Share of any Advances made by Agent to Borrowers will commence on the date such Advances are made by Agent. Nothing contained in this Agreement shall obligate a Revolving Lender to make an Advance at any time any Default or Event of Default exists. All such payments will be made by such Lender without set-off, counterclaim or deduction of any kind. (ii) Once each week, or more frequently (including daily), if Agent so elects (each such day being a “Settlement Date”), Agent will advise each Revolving Lender by 1:00 p.m. (New York City time) on a Business Day by telephone, telex or telecopy of the amount of each such Revolving Lender’s Pro Rata Share of the outstanding Advances. In the event payments are necessary to adjust the amount of such Revolving Lender’s share of the Advances to such Lender’s Pro Rata Share of the Advances, the party from which such payment is due will pay the other party, in same day funds, by wire transfer to the other’s account not later than 2:00 p.m. (New York City time) on the Business Day following the Settlement Date. (iii) On the first Business Day of each month (“Interest Settlement Date”, Agent will advise each Lender by telephone or facsimile of the amount of interest and fees charged to and collected from Borrowers for the preceding month in respect of the applicable Loans. Provided that such Lender has made all payments required to be made by it under this Agreement, Agent will pay to such Lender by wire transfer to such Lender’s account (as specified by such Lender on Schedule A of this Agreement as amended by such Lender from time to time after the date hereof pursuant to the notice provisions contained herein or in the applicable Lender Addition Agreement) not later than 2:00 p.m. (New York City time) on the next Business Day following the Interest Settlement Date, such Lender’s share of such interest and fees.
Appears in 4 contracts
Samples: Credit Agreement (DTLR Holding, Inc.), Credit Agreement (DTLR Holding, Inc.), Credit Agreement (DTLR Holding, Inc.)
Advances; Payments; Interest and Fee Payments. (i) The amount of the outstanding Loans pursuant to Advances Loan may fluctuate from day to day through Agent’s disbursement of funds toto or on account of, and receipt of funds from, BorrowersBorrower. In order to minimize the frequency of transfers of funds between Agent and each Revolving Lender, notwithstanding terms to the contrary set forth in Section 11.413.4, Advances and repayments thereof may be settled according to the procedures described in Section 11.5(a)(iiSections 13.5(a)(ii) and Section 11.5(a)(iii13.5(a)(iii). Payments of principal on the Term Loans, will be settled, in accordance with each Lender’s Pro Rata Share, on the first Business Day after such payments are received. Notwithstanding these procedures, each Revolving Lender’s obligation to fund its Pro Rata Share of any Advances made by Agent to Borrowers or on account of Borrower will commence on the date such Advances are made by Agent. Nothing contained in this Agreement shall obligate a Revolving Lender to make an Advance at any time any Default or Event of Default exists. All such payments will be made by such Lender without set-off, counterclaim or deduction of any kind.
(ii) Once each week, or more frequently (including daily), if Agent so elects (each such day being a “Settlement Date”), Agent will advise each Revolving Lender by 1:00 p.m. (New York City time) on a Business Day by telephone, telex or telecopy of the amount of each such Revolving Lender’s Pro Rata Share of the outstanding Advances. In the event payments are necessary to adjust the amount of such Revolving Lender’s share of the Advances to such Lender’s Pro Rata Share of the Advances, the party from which such payment is due will pay the other party, in same day funds, by wire transfer to the other’s account not later than 2:00 p.m. (New York City time) on the Business Day following the Settlement Date.
(iii) On the first Business Day fifteenth (15th) calendar day of each month (or, if such day shall not be a Business Day, on the next Business Day following such day) (the “Interest Settlement Date”), Agent will advise each Lender by telephone or facsimile of the amount of interest and fees charged to and collected from Borrowers for Borrower from and including the preceding month prior Interest Settlement Date (but excluding such current Interest Settlement Date) in respect of the applicable Loans. Provided that such Lender has made all payments required to be made by it under this AgreementAgreement and provided that Lender has not received its Pro Rata Share of interest and fees directly from Borrower, Agent will pay to such Lender Lender, by wire transfer to such Lender’s account (as specified by such Lender on Schedule A of this Agreement as amended by such Lender from time to time after the date hereof pursuant to the notice provisions contained herein or in the applicable Lender Addition Agreement) not later than 2:00 p.m. (New York City time) on the next Business Day following the Interest Settlement Date, such Lender’s share of such interest and fees.”
Appears in 2 contracts
Samples: Loan and Security Agreement (Katapult Holdings, Inc.), Loan and Security Agreement (Katapult Holdings, Inc.)
Advances; Payments; Interest and Fee Payments. (i) The amount of outstanding Loans pursuant to Advances may fluctuate from day to day through Agent’s 's disbursement of funds to, and receipt of funds from, BorrowersBorrower. In order to minimize the frequency of transfers of funds between Agent and each Revolving Lender, Lender notwithstanding terms to the contrary set forth in Section 11.412.4, Advances and repayments thereof may be settled according to the procedures described in Section 11.5(a)(iiSections 12.5(a)(ii) and Section 11.5(a)(iii)12.5(a)(iii) of this Agreement. Payments of principal on principal, interest and fees in respect of the Term Loans, Loans will be settled, in accordance with each Lender’s 's Pro Rata Share, Share on the first Business Day after such payments are received. Notwithstanding these procedures, each Revolving Lender’s 's obligation to fund its Pro Rata Share of any Advances made by Agent to Borrowers Borrower will commence on the date such Advances are made by Agent. Nothing ; provided, however, nothing contained in this Agreement shall obligate a Revolving Lender to make an Advance at any time any Default or an Event of Default exists. All such Such payments will be made by such Lender without set-off, counterclaim or deduction reduction of any kind.
(ii) Once each week, or more frequently (including daily), if Agent so elects (each such day being a “Settlement Date”"SETTLEMENT DATE"), Agent will advise each Revolving Lender by 1:00 p.m. (New York City time) on a Business Day by telephone, telex telex, or telecopy of the amount of each such Revolving Lender’s 's Pro Rata Share of the outstanding AdvancesLoans. In the event payments are necessary to adjust the amount of such Revolving Lender’s 's share of the Advances Loans to such Lender’s 's Pro Rata Share of the AdvancesLoans, the party from which such payment is due will pay the other partyother, in same day funds, by wire transfer to the other’s 's account not later than 2:00 3:00 p.m. (New York City time) on the Business Day following the Settlement Date.
(iii) On the first Business Day of each month (“Interest Settlement Date”"INTEREST SETTLEMENT DATE"), Agent will advise each Lender by telephone or facsimile of the amount of interest and fees charged to and collected from Borrowers Borrower for the preceding proceeding month in respect of the applicable Loans. Provided that such Lender has made all payments required to be made by it under this Agreement, Agent will pay to such Lender Lender, by wire transfer to such Lender’s 's account (as specified by such Lender on Schedule A of this Agreement as amended by such Lender from time to time after the date hereof pursuant to the notice provisions contained herein or in the applicable Lender Addition Agreement) not later than 2:00 3:00 p.m. (New York City time) on the next Business Day following the Interest Settlement Date, Date such Lender’s 's share of such interest and fees.
Appears in 2 contracts
Samples: Revolving Credit and Security Agreement (Redenvelope Inc), Revolving Credit and Security Agreement (Redenvelope Inc)
Advances; Payments; Interest and Fee Payments. (i) The amount of outstanding Loans pursuant to Advances may fluctuate from day to day through Agent’s disbursement of funds to, and receipt of funds from, Borrowers. In order to minimize the frequency of transfers of funds between Agent and each Revolving Lender, notwithstanding terms to the contrary set forth in Section 11.4, Advances and repayments thereof may be settled according to the procedures described in Section 11.5(a)(ii) and Section 11.5(a)(iii). Payments of principal on the Term LoansLoans and after the Senior Facility Termination Date, the Term Loan D, will be settled, in accordance with each Lender’s or after the Senior Facility Termination Date, Term Loan D Lender’s, Pro Rata Share, on the first Business Day after such payments are received. Notwithstanding these procedures, each Revolving Lender’s obligation to fund its Pro Rata Share of any Advances made by Agent to Borrowers will commence on the date such Advances are made by Agent. Nothing contained in this Agreement shall obligate a Revolving Lender to make an Advance at any time any Default or Event of Default exists. All such payments will be made by such Lender without set-off, counterclaim or deduction of any kind.
(ii) Once each week, or more frequently (including daily), if Agent so elects (each such day being a “Settlement Date”), Agent will advise each Revolving Lender by 1:00 p.m. (New York City time) on a Business Day by telephone, telex or telecopy of the amount of each such Revolving Lender’s Pro Rata Share of the outstanding Advances. In the event payments are necessary to adjust the amount of such Revolving Lender’s share of the Advances to such Lender’s Pro Rata Share of the Advances, the party from which such payment is due will pay the other party, in same day funds, by wire transfer to the other’s account not later than 2:00 p.m. (New York City time) on the Business Day following the Settlement Date.
(iii) On the first Business Day of each month (“Interest Settlement Date”, Agent will advise each Lender Lender, and after the Senior Facility Termination Date, each Term Loan D Lender, by telephone or facsimile of the amount of interest and fees charged to and collected from Borrowers for the preceding month in respect of the applicable Loans. Provided that such Lender and Term Loan D Lender has made all payments required to be made by it under this Agreement, Agent will pay to such Lender Lender, or after the Senior Facility Termination Date, such Term Loan D Lender, by wire transfer to such Lender’s account (as specified by such Lender on Schedule A of this Agreement as amended by such Lender or Term Loan D Lender, as applicable, from time to time after the date hereof pursuant to the notice provisions contained herein or in the applicable Lender Addition Agreement) not later than 2:00 p.m. (New York City time) on the next Business Day following the Interest Settlement Date, such Lender’s or Term Loan D Lender’s, as applicable, share of such interest and fees.
Appears in 2 contracts
Samples: Credit Agreement (DTLR Holding, Inc.), Credit Agreement (DTLR Holding, Inc.)
Advances; Payments; Interest and Fee Payments. (i) The amount of outstanding Loans pursuant to Advances may fluctuate from day to day through Agent’s disbursement of funds to, and receipt of funds from, Borrowers. In order to minimize the frequency of transfers of funds between Agent and each Revolving Lender, notwithstanding terms to repayments of Loans may, at the contrary set forth in Section 11.4election of Agent, Advances and repayments thereof may be settled according to the procedures described in this Section 11.5(a)(ii11.5.
(i) and Section 11.5(a)(iii). Payments of principal on the Term Loans, Loans will be settled, in accordance with each Lender’s Pro Rata Share, on the first Business Day after such payments are received. Notwithstanding these procedures, each Revolving Lender’s obligation to fund its Pro Rata Share of any Advances made by Agent to Borrowers will commence on the date such Advances are made by Agent. Nothing contained in this Agreement shall obligate a Revolving Lender to make an Advance at any time any Default or Event of Default exists. All such payments will be made by such Lender without set-off, counterclaim or deduction of any kind.
(ii) Once each week, or more frequently (including daily), if Agent so elects (each such day being a “Settlement Date”), Agent will advise each Revolving Lender by 1:00 p.m. (New York City time) on a Business Day by telephone, telex or telecopy written notice in accordance with this Agreement of the amount of each such Revolving Lender’s Pro Rata Share of the outstanding Advances. In the event If payments are necessary to adjust the amount of such Revolving Lender’s share of the Advances to such Revolving Lender’s Pro Rata Share of the Advances, the party from which such payment is due will pay the other party, in same day funds, by wire transfer to the other’s account not later than 2:00 p.m. (New York City time) on the Business Day following the Settlement Date.
(iii) On the first Business Day of each month quarter, or, with respect to LIBOR Loans, on the Business Day on which payments of accrued interest are due thereon (each, an “Interest Settlement Date”), Agent will advise each Lender by telephone or facsimile written notice in accordance with this Agreement of the amount of interest and fees charged to and collected from Borrowers for the preceding month quarter or applicable Interest Period (or portion thereof in the case of Interest Periods longer than 90 days) in respect of the applicable Loans. Provided that such Lender has made all payments required to be made by it under this Agreementis not then a Defaulting Lender, Agent will pay to such Lender Lender, by wire transfer to such Lender’s account (as specified by such Lender on Schedule A of in accordance with this Agreement as amended by such Lender from time to time after the date hereof pursuant to the notice provisions contained herein or in the applicable Lender Addition Agreement) such Lender’s share of such interest and fees not later than 2:00 p.m. (New York City time) on the next Business Day following the Interest Settlement Date, such Lender’s share of such interest and fees.
Appears in 2 contracts
Samples: Credit Agreement (Fibernet Telecom Group Inc\), Credit Agreement (Fibernet Telecom Group Inc\)
Advances; Payments; Interest and Fee Payments. (i) The amount of outstanding Loans pursuant to Advances may fluctuate from day to day through Agent’s disbursement of funds to, and receipt of funds from, BorrowersBorrower. In order to minimize the frequency of transfers of funds between Agent and each Revolving Lender, notwithstanding terms to the contrary set forth in Section 11.411.3, Advances and repayments thereof may be settled according to the procedures described in Section 11.5(a)(iiSections 11.4(a)(ii) and Section 11.5(a)(iii11.4(a)(iii). Payments of principal on the Term Loans, will be settled, in accordance with each Lender’s Pro Rata Share, on the first Business Day after such payments are received. Notwithstanding these procedures, each Revolving Lender’s obligation to fund its Pro Rata Share of any Advances made by Agent to Borrowers Borrower will commence on the date such Advances are made by Agent. Nothing contained in this Agreement shall obligate a Revolving Lender to make an Advance at any time any Default or Event of Default exists. All such payments will be made by such Lender without set-off, counterclaim or deduction of any kind.
(ii) Once each week, or more frequently (including daily), if Agent so elects (each such day being a “Settlement Date”), Agent will advise each Revolving Lender by 1:00 p.m. 1:00p.m. (New York City time) on a Business Day by telephone, telex or telecopy of the amount of each such Revolving Lender’s Pro Rata Share of the outstanding Advances. In the event payments are necessary to adjust the amount of such Revolving Lender’s share of the Advances to such Lender’s Pro Rata Share of the Advances, the party from which such payment is due will pay the other party, in same day funds, by wire transfer to the other’s account not later than 2:00 p.m. 2:00p.m. (New York City time) on the Business Day following the Settlement Date.
(iii) On the first Business Day of each month (“Interest Settlement Date”), Agent will advise each Lender by telephone or facsimile of the amount of interest and fees charged to and collected from Borrowers Borrower for the preceding month in respect of the applicable Loans. Provided that such Lender has made all payments required to be made by it under this Agreement, Agent will pay to such Lender Lender, by wire transfer to such Lender’s account (as specified by such Lender on Schedule A of this Agreement as amended by such Lender from time to time after the date hereof pursuant to the notice provisions contained herein or in the applicable Lender Addition Agreement) not later than 2:00 p.m. 2:00p.m. (New York City time) on the next Business Day following the Interest Settlement Date, such Lender’s share of such interest and fees.
Appears in 1 contract
Samples: Revolving Facility Agreement (Evolving Systems Inc)
Advances; Payments; Interest and Fee Payments. (i) The amount of outstanding Loans pursuant to Advances may fluctuate from day to day through Agent’s disbursement of funds to, and receipt of funds from, Borrowers. In order to minimize the frequency of transfers of funds between Agent and each Revolving Lender, Lender notwithstanding terms to the contrary set forth in Section 11.412.4, Advances and repayments thereof may be settled according to the procedures described in Section 11.5(a)(iiSections 12.5(a)(ii) and Section 11.5(a)(iii)12.5(a)(iii) of this Agreement. Payments of principal on principal, interest and fees in respect of the Term Loans, Loans will be settled, in accordance with each Revolving Lender’s Pro Rata Share, Share on the first Business Day after such payments are received. Notwithstanding these procedures, each Revolving Lender’s obligation to fund its Pro Rata Share of any Advances made by Agent to Borrowers will commence on the date such Advances are made by Agent. Nothing ; provided, however, nothing contained in this Agreement shall obligate a Revolving Lender to make an Advance at any time any Default or an Event of Default exists. All such Such payments will be made by such Lender without set-off, counterclaim or deduction reduction of any kind.
(ii) Once each week, or more frequently (including daily), if Agent so elects (each such day being a “Settlement Date”), Agent will advise each Revolving Lender by 1:00 p.m. (New York City time) on a Business Day by telephone, telex telex, or telecopy of the amount of each such Revolving Lender’s Pro Rata Share of the outstanding AdvancesLoans. In the event payments are necessary to adjust the amount of such Revolving Lender’s share of the Advances Loans to such Lender’s Pro Rata Share of the AdvancesLoans, the party from which such payment is due will pay the other partyother, in same day funds, by wire transfer to the other’s account not later than 2:00 3:00 p.m. (New York City time) on the Business Day following the Settlement Date.
(iii) On the first Business Day of each month (“Interest Settlement Date”), Agent will advise each Lender by telephone or facsimile of the amount of interest and fees charged to and collected from Borrowers for the preceding proceeding month in respect of the applicable Loans. Provided that such Lender has made all payments required to be made by it under this Agreement, Agent will pay to such Lender Lender, by wire transfer to such Lender’s account (as specified by such Lender on Schedule A of this Agreement as amended by such Lender from time to time after the date hereof pursuant to the notice provisions contained herein or in the applicable Lender Addition Agreement) not later than 2:00 3:00 p.m. (New York City time) on the next Business Day following the Interest Settlement Date, Date such Lender’s share of such interest and fees.
Appears in 1 contract
Samples: Revolving Credit, Term Loan and Security Agreement (Firearms Training Systems Inc)
Advances; Payments; Interest and Fee Payments. (i) The amount of outstanding Loans pursuant to Advances may fluctuate from day to day through Agent’s 's disbursement of funds to, and receipt of funds from, Borrowers. In order to minimize the frequency of transfers of funds between Agent and each Revolving Lender, Lender notwithstanding terms to the contrary set forth in Section 11.412.4, Advances and repayments thereof may be settled according to the procedures described in Section 11.5(a)(iiSections 12.5(a)(ii) and Section 11.5(a)(iii)12.5(a)(iii) of this Agreement. Payments of principal on principal, interest and fees in respect of the Term Loans, Loans will be settled, in accordance with each Revolving Lender’s 's Pro Rata Share, Share on the first Business Day after such payments are received. Notwithstanding these procedures, each Revolving Lender’s 's obligation to fund its Pro Rata Share of any Advances made by Agent to Borrowers will commence on the date such Advances are made by Agent. Nothing ; provided, however, nothing contained in this Agreement shall obligate a Revolving Lender to make an Advance at any time any Default or an Event of Default exists. All such Such payments will be made by such Lender without set-off, counterclaim or deduction reduction of any kind.
(ii) Once each week, or more frequently (including daily), if Agent so elects (each such day being a “"Settlement Date”"), Agent will advise each Revolving Lender by 1:00 p.m. (New York City time) on a Business Day by telephone, telex telex, or telecopy of the amount of each such Revolving Lender’s 's Pro Rata Share of the outstanding AdvancesLoans. In the event payments are necessary to adjust the amount of such Revolving Lender’s 's share of the Advances Loans to such Lender’s 's Pro Rata Share of the AdvancesLoans, the party from which such payment is due will pay the other partyother, in same day funds, by wire transfer to the other’s 's account not later than 2:00 3:00 p.m. (New York City time) on the Business Day following the Settlement Date.
(iii) On the first Business Day of each month (“"Interest Settlement Date”"), Agent will advise each Lender by telephone or facsimile of the amount of interest and fees charged to and collected from Borrowers for the preceding proceeding month in respect of the applicable Loans. Provided that such Lender has made all payments required to be made by it under this Agreement, Agent will pay to such Lender Lender, by wire transfer to such Lender’s 's account (as specified by such Lender on Schedule A of this Agreement as amended by such Lender from time to time after the date hereof pursuant to the notice provisions contained herein or in the applicable Lender Addition Agreement) not later than 2:00 3:00 p.m. (New York City time) on the next Business Day following the Interest Settlement Date, Date such Lender’s 's share of such interest and fees.
Appears in 1 contract
Samples: Revolving Credit, Term Loan, and Security Agreement (Advanced Nutraceuticals Inc/Tx)
Advances; Payments; Interest and Fee Payments. (i1) The amount of the outstanding Loans pursuant to Advances Loan may fluctuate from day to day through Agent’s disbursement of funds toto or on account of, and receipt of funds from, BorrowersBorrower. In order to minimize the frequency of transfers of funds between Agent and each Revolving Lender, notwithstanding terms to the contrary set forth in Section 11.413.4, Advances and repayments thereof may be settled according to the procedures described in Section 11.5(a)(iiSections 13.5(a)(ii) and Section 11.5(a)(iii13.5(a)(iii). Payments of principal on the Term Loans, will be settled, in accordance with each Lender’s Pro Rata Share, on the first Business Day after such payments are received. Notwithstanding these procedures, each Revolving Lender’s obligation to fund its Pro Rata Share of any Advances made by Agent to Borrowers or on account of Xxxxxxxx will commence on the date such Advances are made by Agent. Nothing contained in this Agreement shall obligate a Revolving Lender to make an Advance at any time any Default or Event of Default exists. All such payments will be made by such Lender without set-off, counterclaim or deduction of any kind.
(ii2) Once each week, or more frequently (including daily), if Agent so elects (each such day being a “Settlement Date”), Agent will advise each Revolving Lender by 1:00 p.m. (New York City time) on a Business Day by telephone, telex or telecopy of the amount of each such Revolving LenderXxxxxx’s Pro Rata Share of the outstanding Advances. In the event payments are necessary to adjust the amount of such Revolving LenderXxxxxx’s share of the Advances to such LenderXxxxxx’s Pro Rata Share of the Advances, the party from which such payment is due will pay the other party, in same day funds, by wire transfer to the other’s account not later than 2:00 p.m. (New York City time) on the Business Day following the Settlement Date.
(iii3) On the first Business Day fifteenth (15th) calendar day of each month (or, if such day shall not be a Business Day, on the next Business Day following such day) (the “Interest Settlement Date”), Agent will advise each Lender by telephone or facsimile of the amount of interest and fees charged to and collected from Borrowers for Borrower from and including the preceding month prior Interest Settlement Date (but excluding such current Interest Settlement Date) in respect of the applicable Loans. Provided that such Lender has made all payments required to be made by it under this AgreementAgreement and provided that Lender has not received its Pro Rata Share of interest and fees directly from Borrower, Agent will pay to such Lender Lender, by wire transfer to such Lender’s account (as specified by such Lender on Schedule A of this Agreement as amended by such Lender from time to time after the date hereof pursuant to the notice provisions contained herein or in the applicable Lender Addition Agreement) not later than 2:00 p.m. (New York City time) on the next Business Day following the Interest Settlement Date, such LenderXxxxxx’s share of such interest and fees.”
Appears in 1 contract
Samples: Loan and Security Agreement (Katapult Holdings, Inc.)
Advances; Payments; Interest and Fee Payments. (i) The amount of outstanding Loans pursuant to Advances may fluctuate from day to day through Agent’s disbursement of funds to, and receipt of funds from, BorrowersBorrower. In order to minimize the frequency of transfers of funds between Agent and each Revolving Lender, notwithstanding terms to the contrary set forth in Section 11.4, Advances and repayments thereof may be settled according to the procedures described in Section Sections 11.5(a)(ii) and Section 11.5(a)(iii). Payments of principal on the Term Loans, Loans will be settled, in accordance with each Lender’s Pro Rata Share, on the first Business Day after such payments are received. Notwithstanding these procedures, each Revolving Lender’s obligation to fund its Pro Rata Share of any Advances made by Agent to Borrowers Borrower will commence on the date such Advances are made by Agent. Nothing contained in this Agreement shall obligate a Revolving Lender to make an Advance at any time any Default or Event of Default exists. All such payments will be made by such Lender without set-off, counterclaim or deduction of any kind.
(ii) Once each week, or more frequently (including daily), if Agent so elects (each such day being a “Settlement Date”), Agent will advise each Revolving Lender by 1:00 p.m. (New York City time) on a Business Day by telephone, telex or telecopy of the amount of each such Revolving Lender’s Pro Rata Share of the outstanding Advances. In the event payments are necessary to adjust the amount of such Revolving Lender’s share of the Advances to such Lender’s Pro Rata Share of the Advances, the party from which such payment is due will pay the other party, in same day funds, by wire transfer to the other’s account not later than 2:00 p.m. (New York City time) on the Business Day following the Settlement Date.
(iii) On the first Business Day of each month (“Interest Settlement Date”), Agent will advise each Lender by telephone or facsimile of the amount of interest and fees charged to and collected from Borrowers Borrower for the preceding month in respect of the applicable Loans. Provided that such Lender has made all payments required to be made by it under this Agreement, Agent will pay to such Lender Lender, by wire transfer to such Lender’s account (as specified by such Lender on Schedule A of this Agreement as amended by such Lender from time to time after the date hereof pursuant to the notice provisions contained herein or in the applicable Lender Addition Agreement) not later than 2:00 p.m. (New York City time) on the next Business Day following the Interest Settlement Date, such Lender’s share of such interest and fees.
Appears in 1 contract
Samples: Credit Agreement (Adam Inc)
Advances; Payments; Interest and Fee Payments. (i) The amount of the outstanding Loans pursuant to Advances Loan may fluctuate from day to day through Agent’s disbursement of funds toto or on account of, and receipt of funds from, BorrowersBorrower. In order to minimize the frequency of transfers of funds between Agent and each Revolving Lender, notwithstanding terms to the contrary set forth in Section 11.4, Advances and repayments thereof may be settled according to the procedures described in Section 11.5(a)(iiSections 13.5(a)(ii) and Section 11.5(a)(iii13.5(a)(iii). Payments of principal on the Term Loans, will be settled, in accordance with each Lender’s Pro Rata Share, on the first Business Day after such payments are received. Notwithstanding these procedures, each Revolving Lender’s obligation to fund its Pro Rata Share of any Advances made by Agent to Borrowers or on account of Borrower will commence on the date such Advances are made by Agent. Nothing contained in this Agreement shall obligate a Revolving Lender to make an Advance at any time any Default or Event of Default exists. All such payments will be made by such Lender without set-off, counterclaim or deduction of any kind.
(ii) Once each week, or more frequently (including daily), if Agent so elects (each such day being a “Settlement Date”), Agent will advise each Revolving Lender by 1:00 p.m. (New York City time) on a Business Day by telephone, telex or telecopy of the amount of each such Revolving Lender’s Pro Rata Share of the outstanding Advances. In the event payments are necessary to adjust the amount of such Revolving Lender’s share of the Advances to such Lender’s Pro Rata Share of the Advances, the party from which such payment is due will pay the other party, in same day funds, by wire transfer to the other’s account not later than 2:00 p.m. (New York City time) on the Business Day following the Settlement Date.
(iii) On (A) By no later than 3:00 p.m. (New York time) on the first Business Day Reporting Date of each month (the “Interest Settlement Reporting Date”), Agent will advise each Lender by telephone or facsimile of the amount of interest and fees charged to and collected from Borrowers Borrower for the preceding month in respect of the applicable LoansLoan. Provided that such Lender has made all payments required to be made by it under this AgreementAgreement and provided that Lender has not received its Pro Rata Share of interest and fees directly from Borrower, Agent will pay to such Lender Lender, by wire transfer to such Lender’s account (as specified by such Lender on Schedule A of this Agreement as amended by such Lender to Agent from time to time after the date hereof pursuant to the notice provisions contained herein or in the applicable Lender Addition Agreement) not later than 2:00 p.m. (New York City time) on the next Business Day Payment Date following the Interest Settlement Reporting Date, such Lender’s share of such interest and fees.
Appears in 1 contract
Samples: Loan and Security Agreement (CURO Group Holdings Corp.)
Advances; Payments; Interest and Fee Payments. Katapult SPV-1 LLC – Loan and Security Agreement
(i) The amount of the outstanding Loans pursuant to Advances Loan may fluctuate from day to day through Agent’s disbursement of funds toto or on account of, and receipt of funds from, BorrowersBorrower. In order to minimize the frequency of transfers of funds between Agent and each Revolving Lender, notwithstanding terms to the contrary set forth in Section 11.413.4, Advances and repayments thereof may be settled according to the procedures described in Section 11.5(a)(iiSections 13.5(a)(ii) and Section 11.5(a)(iii13.5(a)(iii). Payments of principal on the Term Loans, will be settled, in accordance with each Lender’s Pro Rata Share, on the first Business Day after such payments are received. Notwithstanding these procedures, each Revolving Lender’s obligation to fund its Pro Rata Share of any Advances made by Agent to Borrowers or on account of Borrower will commence on the date such Advances are made by Agent. Nothing contained in this Agreement shall obligate a Revolving Lender to make an Advance at any time any Default or Event of Default exists. All such payments will be made by such Lender without set-off, counterclaim or deduction of any kind.
(ii) Once each week, or more frequently (including daily), if Agent so elects (each such day being a “Settlement Date”), Agent will advise each Revolving Lender by 1:00 p.m. (New York City time) on a Business Day by telephone, telex or telecopy of the amount of each such Revolving Lender’s Pro Rata Share of the outstanding Advances. In the event payments are necessary to adjust the amount of such Revolving Lender’s share of the Advances to such Lender’s Pro Rata Share of the Advances, the party from which such payment is due will pay the other party, in same day funds, by wire transfer to the other’s account not later than 2:00 p.m. (New York City time) on the Business Day following the Settlement Date.
(iii) On the first Business Day fifteenth (15th) calendar day of each month (or, if such day shall not be a Business Day, on the next Business Day following such day) (the “Interest Settlement Date”), Agent will advise each Lender by telephone or facsimile of the amount of interest and fees charged to and collected from Borrowers for Borrower from and including the preceding month prior Interest Settlement Date (but excluding such current Interest Settlement Date) in respect of the applicable Loans. Provided that such Lender has made all payments required to be made by it under this AgreementAgreement and provided that Lender has not received its Pro Rata Share of interest and fees directly from Borrower, Agent will pay to such Lender Lender, by wire transfer to such Lender’s account (as specified by such Lender on Schedule A of this Agreement as amended by such Lender from time to time after the date hereof pursuant to the notice provisions contained herein or in the applicable Lender Addition Agreement) not later than 2:00 p.m. (New York City time) on the next Business Day following the Interest Settlement Date, such Lender’s share of such interest and fees.”
Appears in 1 contract
Samples: Loan and Security Agreement (Katapult Holdings, Inc.)
Advances; Payments; Interest and Fee Payments. (i) The amount of the outstanding Loans pursuant to Advances Loan may fluctuate from day to day through Agent’s disbursement of funds toto or on account of, and receipt of funds from, BorrowersBorrower. In order to minimize the frequency of transfers of funds between Agent and each Revolving Lender, notwithstanding terms to the contrary set forth in Section 11.413.4, Advances and repayments thereof may be settled according to the procedures described in Section 11.5(a)(iiSections 13.5(a)(ii) and Section 11.5(a)(iii13.5(a)(iii). Payments of principal on the Term Loans, will be settled, in accordance with each Lender’s Pro Rata Share, on the first Business Day after such payments are received. Notwithstanding these procedures, each Revolving Lender’s obligation to fund its Pro Rata Share of any Advances made by Agent to Borrowers or on account of Xxxxxxxx will commence on the date such Advances are made by Agent. Nothing contained in this Agreement shall obligate a Revolving Lender to make an Advance at any time any Default or Event of Default exists. All such payments will be made by such Lender without set-off, counterclaim or deduction of any kind.
(ii) Once each week, or more frequently (including daily), if Agent so elects (each such day being a “Settlement Date”), Agent will advise each Revolving Lender by 1:00 p.m. (New York City time) on a Business Day by telephone, telex or telecopy of the amount of each such Revolving LenderXxxxxx’s Pro Rata Share of the outstanding Advances. In the event payments are necessary to adjust the amount of such Revolving LenderXxxxxx’s share of the Advances to such LenderXxxxxx’s Pro Rata Share of the Advances, the party from which such payment is due will pay the other party, in same day funds, by wire transfer to the other’s account not later than 2:00 p.m. (New York City time) on the Business Day following the Settlement Date.
(iii) On the first Business Day fifteenth (15th) calendar day of each month (or, if such day shall not be a Business Day, on the next Business Day following such day) (the “Interest Settlement Date”), Agent will advise each Lender by telephone or facsimile of the amount of interest and fees charged to and collected from Borrowers for Borrower from and including the preceding month prior Interest Settlement Date (but excluding such current Interest Settlement Date) in respect of the applicable Loans. Provided that such Lender has made all payments required to be made by it under this AgreementAgreement and provided that Lender has not received its Pro Rata Share of interest and fees directly from Borrower, Agent will pay to such Lender Lender, by wire transfer to such Lender’s account (as specified by such Lender on Schedule A of this Agreement as amended by such Lender from time to time after the date hereof pursuant to the notice provisions contained herein or in the applicable Lender Addition Agreement) not later than 2:00 p.m. (New York City time) on the next Business Day following the Interest Settlement Date, such LenderXxxxxx’s share of such interest and fees.”
Appears in 1 contract
Samples: Loan and Security Agreement (Katapult Holdings, Inc.)
Advances; Payments; Interest and Fee Payments. (i) The amount of outstanding Loans pursuant to Advances may fluctuate from day to day through Agent’s 's disbursement of funds to, and receipt of funds from, Borrowers. In order to minimize the frequency of transfers of funds between Agent and each Revolving Lender, Lender notwithstanding terms to the contrary set forth in Section 11.412.4, Advances and repayments thereof may be settled according to the procedures described in Section 11.5(a)(iiSections 12.5(a)(ii) and Section 11.5(a)(iii)12.5(a)(iii) of this Agreement. Payments of principal on principal, interest and fees in respect of the Term Loans, Loans will be settled, in accordance with each Lender’s 's Pro Rata Share, Share on the first Business Day after such payments are received. Notwithstanding these procedures, each Revolving Lender’s 's obligation to fund its Pro Rata Share of any Advances made by Agent to Borrowers will commence on the date such Advances are made by Agent. Nothing ; provided, however, nothing contained in this Agreement shall obligate a Revolving Lender to make an Advance at any time any a Default or an Event of Default exists. All such Such payments will be made by such Lender without set-off, counterclaim or deduction reduction of any kind.
(ii) Once each week, or more frequently (including daily), if Agent so elects (each such day being a “Settlement Date”"SETTLEMENT DATE"), Agent will advise each Revolving Lender by 1:00 p.m. (New York City time) on a Business Day by telephone, telex telex, or telecopy of the amount of each such Revolving Lender’s 's Pro Rata Share of the outstanding AdvancesLoans. In the event payments are necessary to adjust the amount of such Revolving Lender’s 's share of the Advances Loans to such Lender’s 's Pro Rata Share of the AdvancesLoans, the party from which such payment is due will pay the other party, in same day funds, by wire transfer to the other’s 's account not later than 2:00 3:00 p.m. (New York City time) on the Business Day following the Settlement Date.
(iii) On the first Business Day of each month (“Interest Settlement Date”"INTEREST SETTLEMENT DATE"), Agent will advise each Lender by telephone or facsimile of the amount of interest and fees charged to and collected from Borrowers for the preceding proceeding month in respect of the applicable Loans. Provided that such Lender has made all payments required to be made by it under this Agreement, Agent will pay to such Lender Lender, by wire transfer to such Lender’s 's account (as specified by such Lender on Schedule A of this Agreement as amended by such Lender from time to time after the date hereof pursuant to the notice provisions contained herein or in the applicable Lender Addition Agreement) not later than 2:00 3:00 p.m. (New York City time) on the next Business Day following the Interest Settlement Date, Date such Lender’s 's share of such interest and fees.
Appears in 1 contract
Samples: Revolving Credit, Term Loan and Security Agreement (Corrpro Companies Inc /Oh/)
Advances; Payments; Interest and Fee Payments. (i) The amount of outstanding Loans pursuant to Advances may fluctuate from day to day through Agent’s 's disbursement of funds to, and receipt of funds from, Borrowers. In order to minimize the frequency of transfers of funds between Agent and each Revolving Lender, Lender notwithstanding terms to the contrary set forth in Section 11.411-A.4, Advances and repayments thereof may be settled according to the procedures described in Section 11.5(a)(iiSections 11-A.5(a)(ii) and Section 11.5(a)(iii)11-A.5(a)(iii) of this Agreement. Payments of principal on principal, interest and fees in respect of the Term Loans, Loans will be settled, in accordance with each Revolving Lender’s 's Pro Rata Share, Share on the first Business Day after such payments are received. Notwithstanding these procedures, each Revolving Lender’s 's obligation to fund its Pro Rata Share of any Advances made by Agent to Borrowers will commence on the date such Advances are made by Agent. Nothing ; provided, however, nothing contained in this Agreement shall obligate a Revolving Lender to make an Advance at any time any Default or an Event of Default exists. All such Such payments will be made by such Lender without set-off, counterclaim or deduction reduction of any kind.
(ii) Once each week, or more frequently (including daily), if Agent so elects (each such day being a “"Settlement Date”"), Agent will advise each Revolving Lender by 1:00 p.m. (New York City time) on a Business Day by telephone, telex telex, or telecopy of the amount of each such Revolving Lender’s 's Pro Rata Share of the outstanding AdvancesLoans. In the event payments are necessary to adjust the amount of such Revolving Lender’s 's share of the Advances Loans to such Lender’s 's Pro Rata Share of the AdvancesLoans, the party from which such payment is due will pay the other partyother, in same day funds, by wire transfer to the other’s 's account not later than 2:00 3:00 p.m. (New York City time) on the Business Day following the Settlement Date.
(iii) On the first Business Day of each month (“"Interest Settlement Date”"), Agent will advise each Lender by telephone or facsimile of the amount of interest and fees charged to and collected from Borrowers for the preceding proceeding month in respect of the applicable Loans. Provided that such Lender has made all payments required to be made by it under this Agreement, Agent will pay to such Lender Lender, by wire transfer to such Lender’s 's account (as specified by such Lender on Schedule A of this Agreement as amended by such Lender from time to time after the date hereof pursuant to the notice provisions contained herein or in the applicable Lender Addition Agreement) not later than 2:00 3:00 p.m. (New York City time) on the next Business Day following the Interest Settlement Date, Date such Lender’s 's share of such interest and fees.
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Covista Communications Inc)
Advances; Payments; Interest and Fee Payments. (i) The amount of outstanding Loans pursuant to Advances may fluctuate from day to day through Agent’s 's disbursement of funds to, and receipt of funds from, BorrowersBorrower. In order to minimize the frequency of transfers of funds between Agent and each Revolving Lender, Lender notwithstanding terms to the contrary set forth in Section 11.412.4, Advances and repayments thereof may be settled according to the procedures described in Section 11.5(a)(iiSections 12.5(a)(ii) and Section 11.5(a)(iii)12.5(a)(iii) of this Agreement. Payments of principal on principal, interest and fees in respect of the Term Loans, Loans will be settled, in accordance with each Revolving Lender’s 's Pro Rata Share, Share on the first Business Day after such payments are received. Notwithstanding these procedures, each Revolving Lender’s 's obligation to fund its Pro Rata Share of any Advances made by Agent to Borrowers Borrower will commence on the date such Advances are made by Agent. Nothing ; provided, nothing contained in this Agreement shall obligate a Revolving Lender to make an Advance at any time any Default or Event of Default exists. All such Such payments will be made by such Lender without set-off, counterclaim or deduction reduction of any kind.
(ii) Once each week, or more frequently (including daily), if Agent so elects (each such day being a “"Settlement Date”"), Agent will advise each Revolving Lender by 1:00 p.m. (New York City time) on a Business Day by telephone, telex telex, or telecopy of the amount of each such Revolving Lender’s 's Pro Rata Share of the outstanding AdvancesLoans. In the event payments are necessary to adjust the amount of such Revolving Lender’s 's share of the Advances Loans to such Lender’s 's Pro Rata Share of the AdvancesLoans, the party from which such payment is due will pay the other party, in same day funds, by wire transfer to the other’s 's account not later than 2:00 3:00 p.m. (New York City time) on the Business Day following the Settlement Date.
(iii) On the first Business Day of each month (“"Interest Settlement Date”"), Agent will advise each Lender by telephone or facsimile of the amount of interest and fees charged to and collected from Borrowers Borrower for the preceding proceeding month in respect of the applicable Loans. Provided that such Lender has made all payments required to be made by it under this Agreement, Agent will pay to such Lender Lender, by wire transfer to such Lender’s 's account (as specified by such Lender on Schedule A of this Agreement as amended by such Lender from time to time after the date hereof pursuant to the notice provisions contained herein or in the applicable Lender Addition Agreement) not later than 2:00 3:00 p.m. (New York City time) on the next Business Day following the Interest Settlement Date, Date such Lender’s 's share of such interest and fees.
Appears in 1 contract
Samples: Revolving Credit, Term Loan and Security Agreement (Trover Solutions Inc)