Common use of Advances; Payments Clause in Contracts

Advances; Payments. (i) Revolving Lenders shall refund or participate in the Swing Line Loans in accordance with clauses (iii) and (iv) of Sections 1.1(f) and (g). If such Swing Line Lender declines to make a Swing Line Loan or if Swing Line Availability is zero, Agent shall notify Revolving Lenders, promptly after receipt of a Notice of Revolving Credit Advance and in any event prior to 1:00 p.m. (New York time) on the date such Notice of Revolving Credit Advance is received, by electronic mail, telephone or other similar form of transmission. Each Revolving Lender shall make the amount of such Lender's Pro Rata Share of such Revolving Credit Advance available to Agent in same day funds by wire transfer to Agent's applicable account as provided to such Revolving Lender in writing by Agent from time to time not later than 3:00 p.m. (New York time) on the requested funding date, in the case of a Canadian Prime Rate Loan, a BA Rate Loan or a US Base Rate Loan and not later than 10:00 a.m. (New York time) on the requested funding date in the case of a LIBOR Loan. After receipt of such wire transfers (or, in the Agent's sole discretion, before receipt of such wire transfers), subject to the terms hereof, Agent shall make the requested Revolving Credit Advance to the applicable Borrower. All payments by each Revolving Lender shall be made without setoff, counterclaim or deduction of any kind.

Appears in 3 contracts

Samples: Credit Agreement (Rand Logistics, Inc.), Credit Agreement (Rand Logistics, Inc.), Credit Agreement (Rand Logistics, Inc.)

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Advances; Payments. (i) Lenders with Revolving Lenders Loan Commitments shall refund or participate in the Swing Line Loans Loan in accordance with clauses (iii) and (iv) of Sections 1.1(f) and (gSection 1.1(c). If such the Swing Line Lender declines to make a Swing Line Loan or if Swing Line Availability is zero, Agent shall notify Lenders with Revolving LendersLoan Commitments, promptly after receipt of a Notice of Revolving Credit Advance and in any event prior to 1:00 2:00 p.m. (New York time) on the date such Notice of Revolving Credit Advance is received, by electronic mailtelecopy, telephone or other similar form of transmission. Each Lender with Revolving Lender Loan Commitments shall make the amount of such Lender's ’s Pro Rata Share of such Revolving Credit Advance available to Agent in same day funds by wire transfer to Agent's applicable ’s account as provided to such Revolving Lender set forth in writing by Agent from time to time Annex H not later than 3:00 p.m. (New York time) on the requested funding date, in the case of a Canadian Prime an Index Rate Loan, a BA Rate Loan or a US Base Rate Loan and not later than 10:00 a.m. 12:00 noon (New York time) on the requested funding date date, in the case of a LIBOR Loan. After receipt of such wire transfers (or, in the Agent's ’s sole discretion, before receipt of such wire transfers), subject to the terms hereof, Agent shall make the requested Revolving Credit Advance to the applicable BorrowerBorrower designated by Borrower Representative in the Notice of Revolving Credit Advance. All payments by each Revolving Lender shall be made without setoff, counterclaim or deduction of any kind.

Appears in 3 contracts

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

Advances; Payments. (i) Revolving Lenders shall refund or participate in the Swing Line Loans Loan in accordance with clauses (iii) and (iv) of Sections 1.1(f) and (gSection 1.1(c). If such the Swing Line Lender declines to make a Swing Line Loan or if Swing Line Availability is zero, Administrative Agent shall notify Revolving Lenders, promptly after receipt of a Notice of Revolving Credit Advance and in any event prior to 1:00 2:00 p.m. (New York time) on the date such Notice of Revolving Credit Advance is received, by electronic mailtelecopy, telephone or other similar form of transmission. Each Revolving Lender shall make the amount of such Lender's Pro Rata Share of such Revolving Credit Advance available to Administrative Agent in same day funds by wire transfer to Administrative Agent's applicable account as provided to such Revolving Lender set forth in writing by Agent from time to time Annex H not later than 3:00 p.m. (New York time) on the requested funding date, in the case of a Canadian Prime Rate Loan, a BA Rate Loan or a US Base an Index Rate Loan and not later than 10:00 11:00 a.m. (New York time) on the requested funding date in the case of a LIBOR Loan. After Forthwith after receipt of such wire transfers (or, in the Administrative Agent's sole discretion, before receipt of such wire transfers), subject to the terms hereof, Administrative Agent shall make the requested Revolving Credit Advance to the applicable Borrower. All payments by each Revolving Lender shall be made without setoff, counterclaim or deduction of any kind.

Appears in 2 contracts

Samples: Credit Agreement (Kmart Holding Corp), Credit Agreement (Kmart Holding Corp)

Advances; Payments. (i) Revolving Lenders shall refund or participate in the Swing Line Loans Loan in accordance with clauses (iii) and (iv) of Sections 1.1(f) and (gSection 1.1(b). If such the applicable Swing Line Lender declines to make a Swing Line Loan or if Swing Line Availability is zero, the Applicable Agent shall notify Revolving Lenders, promptly after receipt of a Notice of Revolving Credit Advance and in any event prior to 1:00 p.m. (New York time) on the date such Notice of Revolving Credit Advance is received, by electronic mailtelecopy, telephone or other similar form of transmission. Each Revolving Lender shall make the amount of such Lender's ’s Pro Rata Share of such Revolving Credit Advance available to the Applicable Agent in same day funds by wire transfer to the Applicable Agent's applicable ’s account as provided to such Revolving Lender set forth in writing by Agent from time to time Annex H not later than 3:00 p.m. (New York time) on the requested funding date, in the case of a Canadian Prime Rate Loan, a BA Rate Loan or a US Base an Index Rate Loan and not later than 10:00 11:00 a.m. (New York time) on the requested funding date in the case of a LIBOR Loan. After receipt of such wire transfers (or, in the Applicable Agent's ’s sole discretion, before receipt of such wire transfers), subject to the terms hereof, the Applicable Agent shall make the requested Revolving Credit Advance to the applicable BorrowerBorrower designated by Borrower Representative in the Notice of Revolving Credit Advance. All payments by each Revolving Lender shall be made without setoff, counterclaim or deduction of any kind.

Appears in 2 contracts

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

Advances; Payments. (i) Revolving Lenders shall refund or participate in the Swing Line Loans Swingline Loan in accordance with clauses (iii) and (iv) of Sections 1.1(f) and (g)2.3. If such Swing Line the Swingline Lender declines to make a Swing Line Loan Swingline Advance or if Swing Line Swingline Availability is zero, Administrative Agent shall notify Revolving Lenders, promptly after receipt of a Notice of Revolving Credit Advance Borrowing Request and in any event prior to 1:00 p.m. (New York time) on the date such Notice of Revolving Credit Advance Borrowing Request is received, by electronic mailtelecopy, telephone or other similar form of transmission. Each Revolving Lender shall make the amount of such Lender's Pro Rata Share ’s Applicable Percentage of such Revolving Credit Advance Loans available to Administrative Agent in same day funds by wire transfer to Administrative Agent's applicable account as provided to such Revolving Lender in writing by Agent from time to time ’s Collection Account not later than 3:00 1:00 p.m. (New York time) on the requested funding date, in the case of an ABR Loan, and not later than 12:00 p.m. (New York time) on the requested funding date, in the case of a Canadian Prime Rate Loan, a BA Rate Loan or a US Base Rate Loan and not later than 10:00 a.m. (New York time) on the requested funding date in the case of a LIBOR Eurodollar Loan. After receipt of such wire transfers (or, in the Administrative Agent's ’s sole discretion, before receipt of such wire transfers), subject to the terms hereof, Administrative Agent shall make the requested Revolving Credit Advance Loans to such Borrower designated by the applicable BorrowerBorrower Representative in the Borrowing Request. All payments by each Revolving Lender shall be made without setoff, counterclaim or deduction of any kind.

Appears in 2 contracts

Samples: Credit Agreement (Centerplate, Inc.), Credit Agreement (Centerplate, Inc.)

Advances; Payments. (i) Revolving Lenders shall refund or participate in the Swing Line Loans Loan in accordance with clauses clause (iii) and (iv) of Sections 1.1(f) and (gSection 1.1(c). If such the Swing Line Lender declines to make a Swing Line Loan or if Swing Line Availability is zero, Agent shall notify Revolving Lenders, promptly after receipt of a Notice of Revolving Credit Advance and in any event prior to 1:00 p.m. (New York time) on the date such Notice of Revolving Credit Advance is received, by electronic mailtelecopy, telephone or other similar form of transmission. Each Revolving Lender shall make the amount of such Lender's ’s Pro Rata Share of such Revolving Credit Advance available to Agent in same day funds by wire transfer to Agent's applicable ’s account as provided to such Revolving Lender set forth in writing by Agent from time to time Annex H not later than 3:00 p.m. (New York time) on the requested funding date, in the case of a Canadian Prime an Index Rate Loan, a BA Rate Loan or a US Base Rate Loan and not later than 10:00 11:00 a.m. (New York time) on the requested funding date date, in the case of a LIBOR Loan. After receipt of such wire transfers (or, in the Agent's ’s sole discretion, before receipt of such wire transfers), subject to the terms hereof, Agent shall make the requested Revolving Credit Advance to Borrower designated by Borrower Representative in the applicable BorrowerNotice of Revolving Credit Advance. All payments by each Revolving Lender shall be made without setoff, counterclaim or deduction of any kind.

Appears in 2 contracts

Samples: Credit Agreement (Caraustar Industries Inc), Credit Agreement (Caraustar Industries Inc)

Advances; Payments. (i) Revolving Lenders shall refund or participate in the Swing Line Loans in accordance with clauses (iii) and (iv) of Sections 1.1(f) and (g). If such Swing Line Lender declines to make a Swing Line Loan or if Swing Line Availability is zero, The Administrative Agent shall notify Revolving Lendersshall, promptly after receipt of a Notice of Revolving Credit Advance Borrowing Request delivered in accordance with Section 2.03(a) and in any event prior to 1:00 p.m. 12:00 noon (New York time) on the date such Notice of Revolving Credit Advance Borrowing Request is deemed received, by telecopy, telephone, electronic mail, telephone mail or other similar form of transmissioncommunication, notify (i) the Swing Line Lender of its receipt of a Borrowing Request relating to a request for Swing Line Advances or (ii) the Lenders of its receipt of a Borrowing Request relating to a request for Revolving Credit Advances. Each Following such notification (i) the Swing Line Lender (in the case of Swing Line Advance) or (ii) the Lenders (in the case of Revolving Lender Credit Advances) shall make the amount of such Lender's Pro Rata Share of such Swing Line Advance or Revolving Credit Advance Advances, as applicable, available to the Administrative Agent in same day funds by wire transfer to the Administrative Agent's applicable ’s account as provided to such Revolving Lender set forth in writing by Agent from time to time Annex W not later than 3:00 p.m. (New York time) on the requested funding date, in the case of a Canadian Prime Rate Loan, a BA Rate Loan or a US Base Rate Loan and not later than 10:00 a.m. (New York time) on the requested funding date in the case of a LIBOR LoanAdvance Date. After receipt of such wire transfers (or, in the Administrative Agent's ’s sole discretiondiscretion in accordance with Section 2.03(c), before receipt of such wire transfers), subject to the terms hereofhereof (including, without limitation, the satisfaction of the conditions precedent set forth in Section 3.02), the Administrative Agent shall make available to the Borrower by deposit into an account of the Borrower designated by the Borrower (or such other account designated by the Borrower) on the Advance Date therefor, the lesser of (x) the amount of the requested Borrowing and (y) (i) in the case of any requested Swing Line Advance, the amount of Swing Line Availability and (ii) in the case of any requested Revolving Credit Advance to Advances, the applicable Borroweramount of Funding Availability. All payments by each Revolving Lender under this Section 2.03(b)(i) shall be made without setoff, counterclaim or deduction of any kind.

Appears in 2 contracts

Samples: Funding Agreement (Cumulus Media Inc), Receivables Funding and Administration Agreement (Cumulus Media Inc)

Advances; Payments. (i) Revolving Lenders shall refund or participate in the Swing Line Loans Loan in accordance with clauses (iii) and (iv) of Sections 1.1(f) and (gSection 1.1(c). If such ---------------------- -------------- the Swing Line Lender declines to make a Swing Line Loan or if Swing Line Availability is zero, Agent shall notify Revolving Lenders, promptly after receipt of a Notice of Revolving Credit Advance and in any event prior to 1:00 p.m. (New York time) on the date such Notice of Revolving Credit Advance is received, by electronic mailtelecopy, telephone or other similar form of transmission. Each Revolving Lender shall make the amount of such Lender's Pro Rata Share of such Revolving Credit Advance available to Agent in same day funds by wire transfer to Agent's applicable account as provided to such Revolving Lender set forth in writing by Agent from time to time Annex H not later than ------- 3:00 p.m. (New York time) on the requested funding date, in the case of a Canadian Prime Rate Loan, a BA Rate Loan or a US Base an Index Rate Loan and not later than 10:00 11:00 a.m. (New York time) on the requested funding date in the case of a LIBOR Loan. After receipt of such wire transfers (or, in the Agent's sole discretion, before receipt of such wire transfers), subject to the terms hereof, Agent shall make the requested Revolving Credit Advance to the applicable Borrower. All payments by each Revolving Lender shall be made without setoff, counterclaim or deduction of any kind.

Appears in 2 contracts

Samples: Credit Agreement (Icon Health & Fitness Inc), Credit Agreement (Icon Health & Fitness Inc)

Advances; Payments. (i) Revolving Lenders shall refund or ------------------ participate in the Swing Line Loans Loan in accordance with clauses (iii) and ------------- (iv) of Sections 1.1(f) and (gSection 1.1(b). If such the Swing Line Lender declines to make a Swing ---- -------------- Line Loan or if Swing Line Availability is zero, Agent shall notify Revolving Lenders, promptly after receipt of a Notice of Revolving Credit Advance and in any event prior to 1:00 2:00 p.m. (New York time) on the date such Notice of Revolving Credit Advance is received, by electronic mailfacsimile, telephone or other similar form of transmission. Each Revolving Lender shall make the amount of such Lender's Pro Rata Share of such Revolving Credit Advance available to Agent in same day funds by wire transfer to Agent's applicable account as provided to such Revolving Lender set forth in writing by Agent from time to time Annex ----- H not later than 3:00 p.m. (New York time) on the requested funding date, - in the case of a Canadian Prime Rate Loan, a BA Rate Loan or a US Base an Index Rate Loan and not later than 10:00 11:00 a.m. (New York time) on the requested funding date in the case of a LIBOR Loan. After receipt of such wire transfers (or, in the Agent's sole discretion, before receipt of such wire transfers), subject to the terms hereof, Agent shall make the requested Revolving Credit Advance to the applicable Borrower. All payments by each Revolving Lender shall be made without setoff, counterclaim or deduction of any kind.

Appears in 1 contract

Samples: Credit Agreement (Callaway Golf Co /Ca)

Advances; Payments. (i) Revolving Lenders shall refund or participate in (A) the US Swing Line Loans Loan in accordance with clauses (iii) and (iv) of Sections 1.1(fSection 1.1(d) and (gB) the European Swing Line Loan in accordance with clauses (iii) and (iv) of Section 1.1 (e). If such the Swing Line Lender declines to make a US Swing Line Loan or a European Swing Line Loan or if US Swing Line Availability or European Swing Line Availability (as the case may be) is zero, Agent shall notify Revolving Lenders, promptly after receipt of a Notice of US Revolving Credit Advance or Notice of European Revolving Credit Advance (as the case may be) and in any event prior to 1:00 p.m. (New York time) on the date such Notice of Revolving Credit Advance notice is received, by electronic mailtelecopy, telephone or other similar form of transmission. Each Revolving Lender shall make the amount of such Lender's Pro Rata Share of such Revolving Credit Advance available to Agent in same day funds by wire transfer to Agent's applicable account as provided to such Revolving Lender set forth in writing by Agent from time to time Annex G not later than 3:00 p.m. (New York time) on the requested funding date, in the case of a Canadian Prime an Index Rate Loan, a BA Rate Loan or a US Base Rate Loan and not later than 10:00 11:00 a.m. (New York time) on the requested funding date date, in the case of a LIBOR Loan. After receipt of such wire transfers (or, in the Agent's sole discretion, before receipt of such wire transfers), subject to the terms hereof, Agent shall make the requested Revolving Credit Advance to the applicable BorrowerBorrower designated by Borrower Representative in the Notice of US Revolving Credit Advance or the Notice of European Revolving Credit Advance, as the case may be. All payments by each Revolving Lender shall be made without setoff, counterclaim or deduction of any kind.

Appears in 1 contract

Samples: Credit Agreement (Inverness Medical Innovations Inc)

Advances; Payments. (i) U.S. Revolving Lenders shall refund or participate in the U.S. Swing Line Loans Loan in accordance with clauses (iii) and (iv) of Sections 1.1(f) and (g)Section 1.1. If such the U.S. Swing Line Lender declines to make a U.S. Swing Line Loan or if U.S. Swing Line Availability is zero, Agent shall notify U.S. Revolving Lenders, promptly after receipt of a U.S. Notice of Revolving Credit Advance and in any event prior to 1:00 p.m. (New York City time) on the date such U.S. Notice of Revolving Credit Advance is received, by electronic mailtelecopy, telephone or other similar form of transmission. Each U.S. Revolving Lender shall make the amount of such Lender's Pro Rata Share of such U.S. Revolving Credit Advance available to Agent in same day funds by wire transfer to Agent's applicable account as provided to such Revolving Lender set forth in writing by Agent from time to time Annex H not later than 3:00 p.m. (New York City time) on the requested funding date, in the case of a Canadian Prime an Index Rate Loan, a BA Rate Loan or a US Base Rate Loan and not later than 10:00 a.m. noon (New York City time) on the requested funding date date, in the case of a LIBOR Loan. After receipt of such wire transfers (or, in the Agent's sole discretion, before receipt of such wire transfers), subject to the terms hereof, Agent shall make the requested Revolving Credit Advance to the applicable U.S. Borrower. All payments by each U.S. Revolving Lender shall be made without setoff, counterclaim or deduction of any kind.

Appears in 1 contract

Samples: Credit Agreement (Samsonite Corp/Fl)

Advances; Payments. (i) Revolving Lenders shall refund or ------------------ participate in the Swing Line Loans Loan in accordance with clauses (iii) and (iv) ------------- ---- of Sections 1.1(f) and (gSection 1.1(b). If such the Swing Line Lender declines to make a Swing Line -------------- Loan or if Swing Line Availability is zero, Agent shall notify Revolving Lenders, promptly after receipt of a Notice of Revolving Credit Advance and in any event prior to 1:00 2:00 p.m. (New York time) on the date such Notice of Revolving Credit Advance is received, by electronic mailfacsimile, telephone or other similar form of transmission. Each Revolving Lender shall make the amount of such Lender's Pro Rata Share of such Revolving Credit Advance available to Agent in same day funds by wire transfer to Agent's applicable account as provided to such Revolving Lender set forth in writing by Agent from time to time Annex I not ------- later than 3:00 p.m. (New York time) on the requested funding date, in the case of a Canadian Prime Rate Loan, a BA Rate Loan or a US Base an Index Rate Loan and not later than 10:00 11:00 a.m. (New York time) on the requested funding date in the case of a LIBOR Loan. After receipt of such wire transfers (or, in the Agent's sole discretion, before receipt of such wire transfers), subject to the terms hereof, Agent shall make the requested Revolving Credit Advance to the applicable Borrower. All payments by each Revolving Lender shall be made without setoff, counterclaim or deduction of any kind.

Appears in 1 contract

Samples: Credit Agreement (Callaway Golf Co /Ca)

Advances; Payments. (i) Revolving Lenders shall refund or participate in the Swing Line Loans Loan in accordance with clauses (iii) and (iv) of Sections 1.1(f) and (gSection 1.1(c). If such the Swing Line Lender declines to make a Swing Line Loan or if Swing Line Availability is zero, Agent shall notify Revolving Lenders, Lenders promptly after receipt of a Notice of Revolving Credit AMENDED AND RESTATED CREDIT AGREEMENT Advance and in any event prior to 1:00 p.m. 11:00 a.m. (New York California time) on the date such Notice of Revolving Credit Advance is received, by electronic mailtelecopy, telephone or other similar form of transmission. Each Revolving Lender shall make the amount of such Lender's Pro Rata Share of such Revolving Credit Advance available to Agent in same day funds by wire transfer to Agent's applicable account as provided to such Revolving Lender set forth in writing by Agent from time to time Annex H not later than 3:00 1:00 p.m. (New York California time) on the requested funding date, in the case of a Canadian Prime an Index Rate Loan, a BA Rate Loan or a US Base Rate Loan and not later than 10:00 a.m. (New York California time) on the requested funding date date, in the case of a LIBOR Loan. After receipt of such wire transfers (or, in the Agent's sole discretion, before receipt of such wire transfers), subject to the terms hereof, Agent shall make the requested Revolving Credit Advance to the applicable Borrower. All payments by each Revolving Lender shall be made without setoff, counterclaim or deduction of any kind.

Appears in 1 contract

Samples: Credit Agreement (Western Digital Corp)

Advances; Payments. (i) Revolving Lenders shall refund or participate in the Swing Line Loans Loan in accordance with clauses CLAUSES (iii) and (iv) of Sections 1.1(f) and (gSECTION 1.1(b). If such the Swing Line Lender declines to make a Swing Line Loan or if Swing Line Availability is zero, Agent shall notify Revolving Lenders, Lenders promptly after receipt of a Notice of Revolving Credit Advance and in any event prior to 1:00 p.m. 11:00 a.m. (New York California time) on the date such Notice of Revolving Credit Advance is received, by electronic mailtelecopy, telephone or other similar form of transmission. Each Revolving Lender shall make the amount of such Lender's Pro Rata Share of such each Revolving Credit Advance available to Agent in same day funds by wire transfer to Agent's applicable account as provided to such Revolving Lender set forth in writing by Agent from time to time ANNEX H not later than 3:00 p.m. 12:00 noon (New York California time) on the requested funding date, in the case of a Canadian Prime an Index Rate Loan, a BA Rate Loan or a US Base Rate Loan and not later than 10:00 a.m. (New York California time) on the requested required funding date date, in the case of a LIBOR Loan. After receipt of such wire transfers (or, in the Agent's sole discretion, before receipt of such wire transfers), subject to the terms hereof, Agent shall make the requested Revolving Credit Advance to the applicable BorrowerBorrower designated by Borrower Representative in the Notice of Revolving Credit Advance. All payments by each Revolving Lender shall be made without setoff, counterclaim or deduction of any kind.

Appears in 1 contract

Samples: Credit Agreement (Track N Trail Inc)

Advances; Payments. (i) Revolving Lenders shall refund or participate in the Swing Line Loans Loan in accordance with clauses clause (iii) and (iv) of Sections 1.1(f) and (gSection 1.1(c). If such the Swing Line Lender declines to make a Swing Line Loan or if Swing Line Availability is zero, Administrative Agent shall notify Revolving Lenders, promptly after receipt of a Notice of Revolving Credit Advance and in any event prior to 1:00 p.m. (New York time) on the date such Notice of Revolving Credit Advance is received, by electronic mailtelecopy, telephone or other similar form of transmission. Each Revolving Lender shall make the amount of such Lender's Pro Rata Share of such Revolving Credit Advance available to Administrative Agent in same day funds by wire transfer to Administrative Agent's applicable account as provided to such Revolving Lender set forth in writing by Agent from time to time Annex H not later than 3:00 p.m. (New York time) on the requested funding date, in the case of a Canadian Prime an Index Rate Loan, a BA Rate Loan or a US Base Rate Loan and not later than 10:00 11:00 a.m. (New York time) on the requested funding date date, in the case of a LIBOR Loan. After receipt of such wire transfers (or, in the Administrative Agent's sole discretion, before receipt of such wire transfers), subject to the terms hereof, Administrative Agent shall make the requested Revolving Credit Advance to the applicable BorrowerBorrower designated by Borrower Representative in the Notice of Revolving Credit Advance. All payments by each Revolving Lender shall be made without setoff, counterclaim or deduction of any kind.

Appears in 1 contract

Samples: Credit Agreement (Allied Holdings Inc)

Advances; Payments. (i) Tranche A Revolving Lenders shall refund or participate in the Swing Line Loans Loan in accordance with clauses (iii) and (iv) of Sections 1.1(f) and (gSection 1.1(b). If such the Swing Line Lender declines to make a Swing Line Loan or if Swing Line Availability is zero, Agent shall notify Tranche A Revolving Lenders, promptly after receipt of a Notice of Tranche A Revolving Credit Advance and in any event prior to 1:00 p.m. (New York time) on the date such Notice of Tranche A Revolving Credit Advance is received, by electronic mailtelecopy, telephone or other similar form of transmission. Each Tranche A Revolving Lender shall make the amount of such Lender's ’s Pro Rata Share of such Tranche A Revolving Credit Advance available to Agent in same day funds by wire transfer to Agent's applicable ’s account as provided to such Revolving Lender set forth in writing by Agent from time to time Annex H not later than 3:00 p.m. (New York time) on the requested funding date, in the case of a Canadian Prime an Index Rate Loan, a BA Rate Loan or a US Base Rate Loan and not later than 10:00 11:00 a.m. (New York time) on the requested funding date date, in the case of a LIBOR Loan. After receipt of such wire transfers (or, in the Agent's ’s sole discretion, before receipt of such wire transfers), subject to the terms hereof, Agent shall make the requested Tranche A Revolving Credit Advance to the applicable BorrowerBorrower designated by Borrower Representative in the Notice of Tranche A Revolving Credit Advance. All payments by each Tranche A Revolving Lender shall be made without setoff, counterclaim or deduction of any kind.

Appears in 1 contract

Samples: Credit Agreement (Finlay Fine Jewelry Corp)

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Advances; Payments. (i) Revolving Lenders shall refund or participate in either of the Swing Line Loans in accordance with clauses CLAUSES (iiiIII) and (ivIV) of Sections 1.1(f) and (gSECTION 1.1(C). If such the Swing Line Lender declines to make a Swing Line Loan or if Swing Line Availability is zero, Revolver Agent shall notify Revolving Lenders, promptly after receipt of a Notice of Revolving Credit Advance and in any event prior to 1:00 p.m. (New York time) on the date such Notice of Revolving Credit Advance is received, by electronic mailtelecopy, telephone or other similar form of transmission. Each Revolving Lender shall make the amount of such Lender's Pro Rata Share of such Revolving Credit Advance available to Revolver Agent in same day funds by wire transfer to Revolver Agent's applicable account as provided to such Revolving Lender set forth in writing by Agent from time to time ANNEX H not later than 3:00 p.m. (New York time) on the requested funding date, in the case of a Canadian Prime Rate Loan, a BA Rate Loan or a US Base Rate Loan and not later than 10:00 a.m. (New York time) on the requested funding date in the case of a LIBOR Loan. After receipt of such wire transfers (or, in the Revolver Agent's sole discretion, before receipt of such wire transfers), subject to the terms hereof, Revolver Agent shall make the requested Revolving Credit Advance to the applicable BorrowerBorrower designated by Borrower Representative in the Notice of Revolving Credit Advance. All payments by each Revolving Lender shall be made without setoff, counterclaim or deduction of any kind.

Appears in 1 contract

Samples: Credit Agreement (Hi Rise Recycling Systems Inc)

Advances; Payments. (i) Tranche A Revolving Lenders shall refund or participate in the Swing Line Loans Loan in accordance with clauses (iii) and (iv) of Sections 1.1(f) and (gSection 1.1(c). If such the Swing Line Lender declines to make a Swing Line Loan or if Swing Line Availability is zero, Agent shall notify Tranche A Revolving Lenders, promptly after receipt of a Notice of Tranche A Revolving Credit Advance and in any event prior to 1:00 p.m. (New York time) on the date such Notice of Tranche A Revolving Credit Advance is received, by electronic mailtelecopy, telephone or other similar form of transmission. Each Tranche A Revolving Lender shall make the amount of such Lender's Pro Rata Share of such Tranche A Revolving Credit Advance available to Agent in same day funds by wire transfer to Agent's applicable account as provided to such Revolving Lender set forth in writing by Agent from time to time Annex H not later than 3:00 p.m. (New York time) on the requested funding date, in the case of a Canadian Prime Rate Loan, a BA Rate Loan or a US Base an Index Rate Loan and not later than 10:00 11:00 a.m. (New York time) on the requested funding date in the case of a LIBOR Loan. After receipt of such wire transfers (or, in the Agent's sole discretion, before receipt of such wire transfers), subject to the terms hereof, Agent shall make the requested Tranche A Revolving Credit Advance to the applicable Borrower. All payments by each Tranche A Revolving Lender shall be made without setoff, counterclaim or deduction of any kind.

Appears in 1 contract

Samples: Credit Agreement (Ames Department Stores Inc)

Advances; Payments. (i) Revolving Lenders shall refund or participate in the Swing Line Loans Loan in accordance with clauses (iii) and (iv) of Sections 1.1(f) and (gSection 1.1(c). If such the Swing Line Lender declines to make a Swing Line Loan or if Swing Line Availability is zero, Agent shall notify Revolving Lenders, promptly after receipt of a Notice of Revolving Credit Advance and in any event prior to 1:00 p.m. (New York time) on the date such Notice of Revolving Credit Advance is received, by electronic mailtelecopy, telephone or other similar form of transmission. Each Revolving Lender shall make the amount of such Lender's ’s Pro Rata Share of such Revolving Credit Advance available to Agent in same day funds by wire transfer to Agent's applicable ’s account as provided to such Revolving Lender set forth in writing by Agent from time to time Annex H not later than 3:00 p.m. (New York time) on the requested funding date, in the case of a Canadian Prime an Index Rate Loan, a BA Rate Loan or a US Base Rate Loan and not later than 10:00 a.m. noon (New York time) on the requested funding date date, in the case of a LIBOR Loan. After receipt of such wire transfers (or, in the Agent's ’s sole discretion, before receipt of such wire transfers), subject to the terms hereof, Agent shall make the requested Revolving Credit Advance to Borrower designated by Borrower Representative in the applicable BorrowerNotice of Revolving Credit Advance. All payments by each Revolving Lender shall be made without setoff, counterclaim or deduction of any kind.. Table of Contents

Appears in 1 contract

Samples: Credit Agreement (Milacron Inc)

Advances; Payments. (i) Revolving i)Revolving Lenders shall refund or participate in the Swing Line Loans Loan in accordance with clauses CLAUSES (iii) and (iv) of Sections 1.1(f) and (gSECTION 1.1(c). If such the Swing Line Lender declines to make a Swing Line Loan or if Swing Line Availability is zero, Administrative Agent shall notify Revolving Lenders, promptly after receipt of a Notice of Revolving Credit Advance and in any event prior to 1:00 12:00 p.m. (New York Chicago time) on the date such Notice of Revolving Credit Advance is received, by electronic mailtelecopy, telephone or other similar form of transmission. Each Revolving Lender shall make the amount of such Lender's Pro Rata Share of such each Revolving Credit Advance available to Administrative Agent in same day funds by wire transfer to Administrative Agent's applicable account as provided to such Revolving Lender set forth in writing by Agent from time to time ANNEX H not later than 3:00 2:00 p.m. (New York Chicago time) on the requested funding date, in the case of a Canadian Prime Rate Loan, a BA Rate Loan or a US Base an Index Rate Loan and not later than 10:00 a.m. (New York Chicago time) on the requested funding date in the case of a LIBOR Loan. After receipt of such wire transfers (or, in the Administrative Agent's sole discretion, before receipt of such wire transfers), subject to the terms hereof, Administrative Agent shall make the requested Revolving Credit Advance to the applicable Borrowerappropriate Borrowers. All payments by each Revolving Lender shall be made without setoff, counterclaim or deduction of any kind.

Appears in 1 contract

Samples: Credit Agreement (Superior Energy Services Inc)

Advances; Payments. (i) Revolving Lenders shall refund or participate in the Swing Line Loans in accordance with clauses (iii) and (iv) of Sections 1.1(f) and (g). If such Swing Line Lender declines to make a Swing Line Loan or if Swing Line Availability is zero, Agent shall notify Revolving Lenders, promptly after receipt of a Notice of Revolving Credit Advance and in any event prior to 1:00 p.m. (New York time) on the date such Notice of Revolving Credit Advance is received, by electronic mailtelecopy, telephone or other similar form of transmission. Each Revolving Lender shall make the amount of such Lender's Pro Rata Share of such Revolving Credit Advance available to Agent in same day funds by wire transfer to Agent's applicable account as provided to such Revolving Lender in writing by Agent from time to time not later than 3:00 p.m. (New York time) on the requested funding date, in the case of a Canadian Prime Rate Loan, a BA Rate Loan or a US Base Rate Loan and not later than 10:00 a.m. (New York time) on the requested funding date in the case of a LIBOR Loan. After receipt of such wire transfers (or, in the Agent's sole discretion, before receipt of such wire transfers), subject to the terms hereof, Agent shall make the requested Revolving Credit Advance to the applicable Borrower. All payments by each Revolving Lender shall be made without setoff, counterclaim or deduction of any kind.

Appears in 1 contract

Samples: Credit Agreement (Rand Logistics, Inc.)

Advances; Payments. (i) Revolving Lenders shall refund or participate in the Swing Line Loans Loan in accordance with clauses (iii) and (iv) of Sections 1.1(f) and (gSection 1.1(c). If such the Swing Line Lender declines to make a Swing Line Loan or if Swing Line Availability is zero, Agent shall notify Revolving Lenders, promptly after receipt of a Notice of U.S. Revolving Credit Advance and in any event prior to 1:00 p.m. (New York Chicago time) on the date such Notice of Revolving Credit Advance is received, by electronic mailtelecopy, telephone or other similar form of transmission. Each Revolving Lender shall make the amount of such Lender's ’s Pro Rata Share of such Revolving Credit Advance available to Agent in same day funds by wire transfer to Agent's applicable ’s account as provided to such Revolving Lender set forth in writing by Agent from time to time Annex H not later than 3:00 p.m. (New York Chicago time) on the requested funding date, in the case of a Canadian Prime Rate Loan, a BA Rate Loan or a US Base an Index Rate Loan and not later than 10:00 11:00 a.m. (New York Chicago time) on the requested funding date in the case of a LIBOR Loan. After receipt of such wire transfers (or, in the Agent's ’s sole discretion, before receipt of such wire transfers), subject to the terms hereof, Agent shall make the requested U.S. Revolving Credit Advance to the applicable Borrower. All payments by each Revolving Lender shall be made without setoff, counterclaim or deduction of any kind.

Appears in 1 contract

Samples: Credit Agreement (Roller Bearing Co of America Inc)

Advances; Payments. (i) US Revolving Lenders shall refund or participate in the US Swing Line Loans Loan in accordance with clauses (iii) and (iv) of Sections 1.1(f) and (gSection 1.1(c). If such the US Swing Line Lender declines to make a US Swing Line Loan or if US Swing Line Availability is zero, US Agent shall notify US Revolving Lenders, promptly after receipt of a Notice of US Revolving Credit Advance and in any event prior to 1:00 p.m. (New York time) on the date such Notice of a US Revolving Credit Advance is received, by electronic mailfax, telephone or other similar form of transmission. Each US Revolving Lender shall make the amount of such US Lender's ’s Pro Rata Share of such US Revolving Credit Advance available to US Agent in same day funds by wire transfer to US Agent's applicable ’s account as provided to such Revolving Lender set forth in writing by Agent from time to time Section 1.5 not later than 3:00 p.m. (New York time) on the requested funding date, Funding Date in the case of a Canadian Prime US Index Rate Loan, a BA Rate Loan or a US Base Rate Loan Loans and not later than 10:00 11:00 a.m. (New York time) on the requested funding date Funding Date in the case of a LIBOR Loan or EURO LIBOR Loan. After receipt of such wire transfers (or, in the US Agent's ’s sole discretion, before receipt of such wire transfers), subject to the terms hereof, US Agent shall make the requested US Revolving Credit Advance to US Borrowers as designated by US Borrower Representative in the applicable BorrowerNotice of US Revolving Credit Advance. All payments by each US Revolving Lender shall be made without setoff, counterclaim or deduction of any kind.

Appears in 1 contract

Samples: Credit Agreement (RPP Capital Corp)

Advances; Payments. (i) Revolving Lenders shall refund or participate in the Swing Line Loans Loan in accordance with clauses CLAUSES (iiiIII) and (ivIV) of Sections 1.1(f) and (gSECTION 1.1(C). If such the Swing Line Lender declines to make a Swing Line Loan or if Swing Line Availability is zero, Revolving Facility Administrative Agent shall notify Revolving Lenders, promptly after receipt of a Notice of Revolving Credit Advance and in any event prior to 1:00 p.m. (New York time) on the date such Notice of Revolving Credit Advance is received, by electronic mailtelecopy, telephone or other similar form of transmission. Each Revolving Lender shall make the amount of such Lender's Pro Rata Share of such Revolving Credit Advance available to Revolving Facility Administrative Agent in same day funds by wire transfer to Revolving Facility Administrative Agent's applicable account as provided to such Revolving Lender set forth in writing by Agent from time to time ANNEX H not later than 3:00 2:00 p.m. (New York time) on the requested funding date, in the case of a Canadian Prime Rate Loan, a BA Rate Loan or a US Base an Index Rate Loan and not later than 10:00 11:00 a.m. (New York time) on the requested funding date in the case of a LIBOR Loan. After receipt of such wire transfers (or, in the Revolving Facility Administrative Agent's sole discretion, before receipt of such wire transfers), subject to the terms hereof, Revolving Facility Administrative Agent shall make the requested Revolving Credit Advance to the applicable Borrower. All payments by each Revolving Lender shall be made without setoff, counterclaim or deduction of any kind.

Appears in 1 contract

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

Advances; Payments. (ia) Revolving Lenders shall refund or participate in the Swing Line Loans Loan in accordance with clauses (iiic) and (ivd) of Sections 1.1(f) and (gSection 1.1(2). If such the Swing Line Lender declines to make a Swing Line Loan or if Swing Line Availability is zero, Agent shall notify Revolving Lenders, promptly after receipt of a Notice of Revolving Credit Advance and in any event prior to 1:00 p.m. (New York Toronto time) on the date such Notice of Revolving Credit Advance is received, by electronic mailtelecopy, telephone or other similar form of transmission. Each Revolving Lender shall make the amount of such Lender's Pro Rata Share of such each Revolving Credit Advance available to Agent in same day funds by wire transfer to Agent's applicable account as provided to such Revolving Lender set forth in writing by Agent from time to time Annex H not later than 3:00 p.m. (New York Toronto time) on the requested funding date, in the case of a Canadian Prime Rate Loan, a BA Cdn Index Rate Loan or a US Base Index Rate Loan and not later than 10:00 11:00 a.m. (New York Toronto time) on the requested funding date in the case of a BA Rate Loan or a LIBOR Loan. After receipt of such wire transfers (or, in the Agent's sole discretion, before receipt of such wire transfers), subject to the terms hereof, Agent shall make the requested Revolving Credit Advance to a Borrower designated by Borrower Representative in the applicable Notice of Revolving Credit Advance. For greater certainty, if Agent makes a Revolving Credit Advance available to a Borrower, notwithstanding that either Borrower fails to satisfy the conditions precedent set forth in Section 2.2, each Revolving Lender shall make the amount of its Pro Rata Share of such Revolving Credit Advance available to Agent as set forth above in this Section 9.9(1)(a). All payments by each Revolving Lender shall be made without setoff, counterclaim or deduction of any kind.

Appears in 1 contract

Samples: Credit Agreement (Hockey Co)

Advances; Payments. (i) Revolving Lenders shall refund or participate in ------------------ the Swing Line Loans Loan in accordance with clauses (iii) and (iv) of Sections 1.1(f) and (gSection 1.1(b). If such the Swing Line Lender declines to make a Swing Line Loan or if the Swing Line Availability is zero, Administrative Agent shall notify Revolving the other Agent and Lenders, promptly after receipt of a Notice of Revolving Credit Advance and in any event prior to 1:00 p.m. (New York time) on the date such Notice of Revolving Credit Advance is received, by electronic mailtelecopy, telephone or other similar form of transmission. Each Revolving Lender shall make the amount of such Lender's Pro Rata Share of such each Revolving Credit Advance available to Administrative Agent in same day funds by wire transfer to Administrative Agent's applicable account as provided to such Revolving Lender set forth in writing by Agent from time to time Annex H not later than 3:00 p.m. (New York time) on the requested funding ------- date, in the case of a Canadian Prime Rate Loan, a BA Rate Loan or a US Base an Index Rate Loan and not later than 10:00 11:00 a.m. (New York time) on the requested funding date in the case of a LIBOR Loan. After receipt of such wire transfers (or, in the Administrative Agent's sole discretion, before receipt of such wire transfers), subject to the terms hereof, Administrative Agent shall make the requested Revolving Credit Advance to the applicable BorrowerBorrower designated by Borrower Representative in the Notice of Revolving Credit Advance. All payments by each Revolving Lender shall be made without setoff, counterclaim or deduction of any kind.

Appears in 1 contract

Samples: Credit Agreement (Bon Ton Stores Inc)

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