Common use of Advances; Payments Clause in Contracts

Advances; Payments. (i) Revolving Lenders shall refund or participate in the Swing Line Loan in accordance with clauses (iii) and (iv) of Section 1.1(c). If 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 a Revolving Credit Advance is received, by fax, 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 account as set forth in Section 1.1(e) not later than 3:00 p.m. (New York time) on the requested Funding Date in the case of an Index Rate Loans and not later than 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 Borrower as designated by Borrower 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 (RathGibson Inc)

AutoNDA by SimpleDocs

Advances; Payments. (i) Revolving Lenders shall refund or participate in the Swing Line Loan in accordance with clauses (iii) and (iv) of Section 1.1(c). If 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 12:00 p.m. (New York Chicago time) on the date such Notice of a Revolving Credit Advance is received, by faxtelecopy, 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 account as set forth in Section 1.1(e) Annex H not later than 3:00 2:00 p.m. (New York Chicago time) on the requested Funding Date funding date, in the case of an Index Rate Loans Loan and not later than 11:00 10:00 a.m. (New York Chicago time) on the requested Funding Date 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 Borrower as designated by Borrower in the Notice of Revolving Credit AdvanceBorrower. All payments by each Revolving Lender shall be made without setoff, counterclaim or deduction of any kind.

Appears in 1 contract

Samples: Credit Agreement (Zomax Optical Media Inc)

Advances; Payments. (i) Revolving Lenders shall refund or participate in the Swing Line Loan in accordance with clauses (iii) and (iv) of Section 1.1(c). If the Swing Line Lender declines to make a Swing Line Loan or if the Swing Line Availability is zeroCommitment has been fully utilized, Agent shall notify Revolving Lenders, promptly after receipt of a Notice of Revolving Credit Advance Borrowing and in any event prior to 1:00 p.m. noon (New York Chicago time) on the date such Notice of a Revolving Credit Advance is received, by fax, 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 account as set forth in Section 1.1(e) not later than 3:00 2:00 p.m. (New York Chicago time) on the requested Funding Date in the case of an Index Rate Loans and not later than 11:00 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 Agent's sole discretion, before receipt of such wire transfers), subject to the terms hereof, Agent shall make the requested Revolving Credit Advance to Borrower Borrowers as designated by Borrower Representative in the Notice of Revolving Credit AdvanceBorrowing. All payments by each Revolving Lender shall be made without setoff, counterclaim or deduction of any kind.

Appears in 1 contract

Samples: Credit Agreement (Atlantis Plastics Inc)

Advances; Payments. (i) Revolving Lenders shall refund or participate in the Swing Line Loan in accordance with clauses (iii) and (iv) of Section 1.1(c). If 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 a Revolving Credit Advance is received, by faxtelecopy, 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 account as set forth in Section 1.1(e) Annex G not later than 3:00 p.m. (New York time) on the requested Funding Date funding date, in the case of an Index Rate Loans Loan and not later than 11:00 a.m. (New York time) on the requested Funding Date funding date in the case of a LIBOR the LIBO Rate 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 Borrower as designated by Borrower in the Notice of Revolving Credit AdvanceBorrower. All payments by each Revolving Lender shall be made without setoff, counterclaim or deduction of any kind.

Appears in 1 contract

Samples: Credit Agreement (Scott Technologies Inc)

Advances; Payments. (i) Revolving Lenders shall refund or participate in the Swing Line Loan in accordance with clauses (iii) and (iv) of Section 1.1(c). If 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 a Revolving Credit Advance is received, by fax, 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 ’s account as set forth in Section 1.1(e1.1(f) not later than 3:00 p.m. (New York time) on the requested Funding Date in the case of an Index Rate Loans and not later than 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 ’s sole discretion, before receipt of such wire transfers), subject to the terms hereof, Agent shall make the requested Revolving Credit Advance to Borrower as designated by Borrower 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 (TNS Inc)

Advances; Payments. (i) Revolving Lenders shall refund or participate in the Swing Line Loan in accordance with clauses (iii) and (iv) of Section 1.1(c). If 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 a Revolving Credit Advance is received, by faxtelecopy, 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 account as set forth in Section 1.1(e) Annex H not later than 3:00 p.m. (New York time) on the requested Funding Date funding date, in the case of an Index Rate Loans Loan and not later than 11:00 a.m. (New York time) on the requested Funding Date 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 Borrower as 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 (Astec Industries Inc)

Advances; Payments. (i) Revolving Lenders shall refund or participate in the Swing Line Loan in accordance with clauses (iii) and (iv) of Section 1.1(c). If 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 a Revolving Credit Advance is received, by fax, 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 ’s account as set forth in Section 1.1(e) not later than 3:00 p.m. (New York time) on the requested Funding Date in the case of an Index Rate Loans and not later than 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 ’s sole discretion, before receipt of such wire transfers), subject to the terms hereof, Agent shall make the requested Revolving Credit Advance to Borrower Borrowers as 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 (Penhall International Corp)

Advances; Payments. (i) Revolving Lenders shall refund or participate in the Swing Line Loan in accordance with clauses (iii) and (iv) of Section 1.1(c). If 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 a Revolving Credit Advance is received, by fax, 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 account as set forth in Section 1.1(e) not later than 3:00 p.m. (New York time) on the requested Funding Date in the case of an Index Rate Loans and not later than 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 Borrower Borrowers as 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 (Penhall International Corp)

Advances; Payments. (i) Revolving Lenders shall refund or participate in the Swing Line Loan in accordance with clauses (iii) and (iv) of Section 1.1(c). If 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 a Revolving Credit Advance is received, by fax, 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 ’s account as set forth in Section 1.1(e) not later than 3:00 p.m. (New York time) on the requested Funding Date in the case of an Index Rate Loans and not later than 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 ’s sole discretion, before receipt of such wire transfers), subject to the terms hereof, Agent shall make the requested Revolving Credit Advance to Borrower as designated by Borrower 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 (TNS Inc)

Advances; Payments. (i) Revolving Lenders shall refund or participate in the Swing Line Loan in accordance with clauses (iii) and (iv) of Section 1.1(c). If 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 a Revolving Credit Advance is received, by faxtelecopy, 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 account as set forth in Section 1.1(e) Annex H not later than 3:00 p.m. (New York time) on the requested Funding Date funding date, in the case of an Index Rate Loans Loan and not later than 11:00 a.m. (New York time) on the requested Funding Date 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 Borrower as 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 (Verdant Brands Inc)

Advances; Payments. (i) Revolving Lenders shall refund or participate in the Swing Line Loan in accordance with clauses (iii) and (iv) of Section 1.1(c1.1(b). If 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 a Revolving Credit Advance is received, by faxtelecopy, 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 ’s account as set forth in Section 1.1(e) Annex H not later than 3:00 p.m. (New York time) on the requested Funding Date funding date, in the case of an Index Rate Loans Loan, and not later than 11:00 a.m. 12:30 p.m. (New York time) on the requested Funding Date 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 Revolving Credit Advance to the Borrower as 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 (Perfumania Holdings, Inc.)

Advances; Payments. (i) Revolving Lenders shall refund or participate in the Swing Line Loan in accordance with clauses (iii) and (iv) of Section 1.1(c1.1(b). If 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 12:00 p.m. (New York Chicago time) on the date such Notice of a Revolving Credit Advance is received, by faxtelecopy, 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 account as set forth in Section 1.1(e) Annex G not later than 3:00 2:00 p.m. (New York Chicago time) on the requested Funding Date funding date, in the case of an Index Rate Loans Loan and not later than 11:00 10:00 a.m. (New York Chicago time) on the requested Funding Date 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 Borrower as designated by Borrower in the Notice of Revolving Credit AdvanceBorrower. All payments by each Revolving Lender shall be made without setoff, counterclaim or deduction of any kind.

Appears in 1 contract

Samples: Credit Agreement (United Shipping & Technology Inc)

Advances; Payments. (i) Revolving Lenders shall refund or participate in the Swing Line Loan in accordance with clauses (iii) and (iv) of Section 1.1(c). If 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 a Revolving Credit Advance is received, by faxtelecopy, 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 ’s account as set forth in Section 1.1(e) Annex H not later than 3:00 p.m. (New York time) on the requested Funding Date funding date, in the case of an Index Rate Loans Loan, and not later than 11:00 a.m. noon (New York time) on the requested Funding Date 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 Revolving Credit Advance to Borrower as 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 (Milacron Inc)

Advances; Payments. (i) Revolving Lenders shall refund or participate in the Swing Line Loan in accordance with clauses (iii) and (iv) of Section 1.1(c). If 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 a Revolving Credit Advance is received, by faxtelecopy, 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 ’s account as set forth in Section 1.1(e) Annex H not later than 3:00 p.m. (New York time) on the requested Funding Date funding date, in the case of an Index Rate Loans Loan, and not later than 11:00 a.m. noon (New York time) on the requested Funding Date 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 Revolving LEGAL_US_E # 82813718.8 Credit Advance to Borrower as 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 (Milacron Inc)

Advances; Payments. (i) Revolving Lenders shall refund or participate in the Swing Line Loan in accordance with clauses (iii) and (iv) of Section 1.1(c). If 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 12:30 p.m. (New York Chicago time) on the date such Notice of a Revolving Credit Advance is received, by faxtelecopy, 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 account as set forth in Section 1.1(e) Annex H not later than 3:00 2:00 p.m. (New York Chicago time) on the requested Funding Date funding date, in the case of an Index Rate Loans Loan and not later than 11:00 a.m. (New York Chicago time) on the requested Funding Date 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 Borrower as 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 (Home Products International Inc)

Advances; Payments. (i) Revolving Lenders shall refund or participate in the Swing Line Loan in accordance with clauses (iii) and (iv) of Section 1.1(c). If 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 a Revolving Credit Advance is received, by faxtelecopy, 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 ’s account as set forth in Section 1.1(e) Annex H not later than 3:00 p.m. (New York time) on the requested Funding Date funding date, in the case of an Index Rate Loans Loan, and not later than 11:00 a.m. (New York time) on the requested Funding Date 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 Revolving Credit Advance to Borrower as 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 (Penn Traffic Co)

Advances; Payments. (i) Revolving Lenders shall refund or participate in the Swing Line Loan in accordance with clauses (iii) and (iv) of Section 1.1(c). If 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 a Revolving Credit Advance is received, by faxtelecopy, 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 ’s account as set forth in Section 1.1(e) Annex H not later than 3:00 p.m. (New York time) on the requested Funding Date funding date, in the case of an Index Rate Loans Loan, and not later than 11:00 a.m. 12 noon (New York time) on the requested Funding Date 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 Revolving Credit Advance to the Borrower as 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 (Rowe Companies)

Advances; Payments. (i) Revolving Lenders shall refund or participate in the Swing Line Loan in accordance with clauses (iii) and (iv) of Section 1.1(c). If 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 a Revolving Credit Advance is received, by faxtelecopy, 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 ’s account as set forth in Section 1.1(e) Annex H not later than 3:00 p.m. (New York time) on the requested Funding Date funding date, in the case of an Index Rate Loans Loan, and not later than 11:00 a.m. 12:00 noon (New York time) on the requested Funding Date 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 Revolving Credit Advance to the Borrower as 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 (Thermadyne Holdings Corp /De)

Advances; Payments. (i) Revolving Lenders shall refund or participate in the Swing Line Loan in accordance with clauses (iii) and (iv) of Section 1.1(c1.1(b). If 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 a Revolving Credit Advance is received, by faxtelecopy, 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 account as set forth in Section 1.1(e) Annex H not later than 3:00 p.m. (New York time) on the requested Funding Date funding date, in the case of an Index Rate Loans Loan and not later than 11:00 a.m. (New York time) on the requested Funding Date 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 Borrower as designated by Borrower in the Notice of Revolving Credit AdvanceBorrower. All payments by each Revolving Lender shall be made without setoff, counterclaim or deduction of any kind.

Appears in 1 contract

Samples: Credit Agreement (Infogrames Inc)

Advances; Payments. (i) Revolving Lenders shall refund or participate in the Swing Line Loan in accordance with clauses subclauses (iii) and (iv) of Section 1.1(c). If 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 a Revolving Credit Advance is received, by faxtelecopy, 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 ’s account as set forth in Section 1.1(e) Annex H not later than 3:00 p.m. (New York time) on the requested Funding Date funding date, in the case of an Index Rate Loans Loan, and not later than 11:00 a.m. 12:00 p.m. (New York time) on the requested Funding Date 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 Revolving Credit Advance to the Borrower as 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 (Handleman Co /Mi/)

Advances; Payments. (i) Revolving Lenders shall refund or participate in the Swing Line Loan in accordance with clauses (iii) and (iv) of Section 1.1(c). If 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 a Revolving Credit Advance is received, by fax, 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 ’s account as set forth in Section 1.1(e) not later than 3:00 p.m. (New York Toronto time) on the requested Funding Date in the case of an Index Rate Loans and not later than 11:00 a.m. (New York Toronto time) on the requested Funding Date in the case of a LIBOR BA Rate 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 as designated by Borrower in the Notice of Revolving Credit AdvanceBorrower. All payments by each Revolving Lender shall be made without setoff, counterclaim or deduction of any kind.

Appears in 1 contract

Samples: Credit Agreement (Playtex Products Inc)

Advances; Payments. (i) Revolving Lenders shall refund or participate in the Swing Line Loan in accordance with clauses (iii) and (iv) of Section 1.1(c). If 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 a Revolving Credit Advance is received, by faxtelecopy, 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 account as set forth in Section 1.1(e) Annex H not later than 3:00 2:00 p.m. (New York time) on the requested Funding Date funding date, in the case of an Index Rate Loans Loan, and not later than 11:00 a.m. (New York time) on the requested Funding Date 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 Borrower as designated by Borrower in not later than 3:00 p.m. (New York time) on the Notice of Revolving Credit Advancerequested funding date. All payments by each Revolving Lender shall be made without setoff, counterclaim or deduction of any kind.

Appears in 1 contract

Samples: Credit Agreement (Applied Extrusion Technologies Inc /De)

AutoNDA by SimpleDocs

Advances; Payments. (i) Revolving Lenders shall refund or participate in the Swing Line Loan in accordance with clauses (iii) and (iv) of Section 1.1(c1.1(d). If 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 a Revolving Credit Advance is received, by faxtelecopy, 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 account as set forth in Section 1.1(e) Annex G not later than 3:00 p.m. (New York time) on the requested Funding Date funding date, in the case of an Index Rate Loans Loan, and not later than 11:00 a.m. (New York time) on the requested Funding Date 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 Borrower as designated by Borrower in the Notice of Revolving Credit AdvanceBorrower. All payments by each Revolving Lender shall be made without setoff, counterclaim or deduction of any kind.

Appears in 1 contract

Samples: Credit Agreement (Black Warrior Wireline Corp)

Advances; Payments. (i) Revolving Lenders shall refund or participate in the Swing Line Loan in accordance with clauses (iii) and (iv) of Section 1.1(c). If the Swing Line Lender declines to make a Swing Line Loan Advance 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 a Revolving Credit Advance is received, by fax, 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 ’s account as set forth in Section 1.1(e1.1(f) not later than 3:00 p.m. (New York time) on the requested Funding Date in the case of an Index Rate Loans and not later than 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 ’s sole discretion, before receipt of such wire transfers), subject to the terms hereof, Agent shall make the requested Revolving Credit Advance to Borrower Borrowers as 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 (Golfsmith International Holdings Inc)

Advances; Payments. (i) Revolving Lenders shall refund or participate in the Swing Line Loan in accordance with clauses (iii) and (iv) of Section 1.1(c1.1(d). If 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 a Revolving Credit Advance is received, by faxtelecopy, 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 ’s account as set forth in Section 1.1(e) Annex H not later than 3:00 p.m. (New York time) on the requested Funding Date funding date, in the case of an Index Rate Loans Loan, and not later than 11:00 a.m. 12:00 noon (New York time) on the requested Funding Date 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 Revolving Credit Advance to the Borrower as 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 (Thermadyne Holdings Corp /De)

Advances; Payments. (i) Revolving Lenders shall refund or participate in the Swing Line Loan in accordance with clauses (iii) and (iv) of Section 1.1(c). If 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. noon (New York Chicago time) on the date such Notice of a Revolving Credit Advance is received, by fax, 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 account as set forth in Section 1.1(e) not later than 3:00 2:00 p.m. (New York Chicago time) on the requested Funding Date in the case of an Index Rate Loans and not later than 11:00 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 Agent's sole discretion, before receipt of such wire transfers), subject to the terms hereof, Agent shall make the requested Revolving Credit Advance to Borrower Borrowers as 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 (Atlantis Plastics Inc)

Advances; Payments. (i) Revolving Lenders shall refund or participate in the Swing Line Loan in accordance with clauses (iii) and (iv) of Section 1.1(c). If 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 a Revolving Credit Advance is received, by faxtelecopy, 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 account as set forth in Section 1.1(e) Annex H not later than 3:00 p.m. (New York time) on the requested Funding Date funding date, in the case of an Index Rate Loans Loan and not later than 11:00 a.m. (New York time) on the requested Funding Date 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 Borrower as designated by Borrower in the Notice of Revolving Credit AdvanceBorrower. All payments by each Revolving Lender shall be made without setoff, counterclaim or deduction of any kind.

Appears in 1 contract

Samples: Credit Agreement (Playcore Inc)

Advances; Payments. (i) Revolving Lenders shall refund or participate in the Swing Line Loan in accordance with clauses (iii) and (iv) of Section 1.1(c1.1(b). If 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 a Revolving Credit Advance is received, by faxtelecopy, 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 ’s account as set forth in Section 1.1(e) Annex H not later than 3:00 p.m. (New York time) on the requested Funding Date funding date, in the case of an Index Rate Loans Loan and not later than 11:00 a.m. (New York time) on the requested Funding Date 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 Revolving Credit Advance to the Borrower as 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 (Ddi Corp)

Advances; Payments. (i) Revolving Lenders shall refund or participate in the Swing Line Loan in accordance with clauses (iii) and (iv) of Section 1.1(c1.1(b). If 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 a Revolving Credit Advance is received, by faxtelecopy, 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 account as set forth in Section 1.1(e) Annex G not later than 3:00 p.m. (New York time) on the requested Funding Date funding date, in the case of an Index Rate Loans Loan, and not later than 11:00 a.m. 12:00 noon (New York time) on the requested Funding Date 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 Borrower as 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 (Thermadyne Holdings Corp /De)

Advances; Payments. (i) Revolving Lenders shall refund or participate in the Swing Line Loan in accordance with clauses (iii) and (iv) of Section 1.1(c)) . If 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 a Revolving Credit Advance is received, by faxtelecopy, 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 account as set forth in Section 1.1(e) Annex G not later than 3:00 p.m. (New York time) on the requested Funding Date funding date, in the case of an Index Rate Loans Loan, and not later than 11:00 a.m. 12:00 noon (New York time) on the requested Funding Date 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 Borrower as 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 (Thermadyne Holdings Corp /De)

Advances; Payments. (i) Revolving Lenders shall refund or participate in the Swing Line Loan in accordance with clauses (iii) and (iv) of Section 1.1(c). If 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. noon (New York Chicago time) on the date such Notice of a Revolving Credit Advance is received, by fax, 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 ’s account as set forth in Section 1.1(e) not later than 3:00 2:00 p.m. (New York Chicago time) on the requested Funding Date in the case of an Index Rate Loans and not later than 11:00 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 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 as designated by Borrower in the Notice of Revolving Credit AdvanceBorrower. All payments by each Revolving Lender shall be made without setoff, counterclaim or deduction of any kind.

Appears in 1 contract

Samples: Credit Agreement (Cherokee International Corp)

Advances; Payments. (i) Revolving Lenders shall refund or participate in the Swing Line Loan in accordance with clauses (iii) and (iv) of Section 1.1(c). If the Swing Line Lender declines to make a Swing Line Loan Advance 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 a Revolving Credit Advance is received, by fax, 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 ’s account as set forth in Section 1.1(e) not later than 3:00 p.m. (New York time) on the requested Funding Date in the case of an Index Rate Loans and not later than 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 ’s sole discretion, before receipt of such wire transfers), subject to the terms hereof, Agent shall make the requested Revolving Credit Advance to Borrower Borrowers as 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 (Golfsmith International Holdings Inc)

Advances; Payments. (i) Revolving Lenders shall refund or participate in the Swing Line Loan in accordance with clauses (iii) and (iv) of Section 1.1(c). If 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 a Revolving Credit Advance is received, by faxtelecopy, telephone or other similar form of transmission. Each Revolving Lender shall make the amount a mount 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 ’s account as set forth in Section 1.1(e) Annex H not later than 3:00 p.m. (New York time) on the requested Funding Date funding date, in the case of an Index Rate Loans Loan and not later than 11:00 a.m. (New York time) on the requested Funding Date 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 -50- Revolving Credit Advance to Borrower as designated by Borrower in the Notice of Revolving Credit AdvanceBorrower. All payments by each Revolving Lender shall be made without setoff, counterclaim or deduction of any kind.

Appears in 1 contract

Samples: Credit Agreement (Butler International Inc /Md/)

Advances; Payments. (i) Revolving Lenders shall refund or participate in the Swing Line Loan in accordance with clauses (iii) and (iv) of Section 1.1(c). If 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 12:00 p.m. (New York Chicago time) on the date such Notice of a Revolving Credit Advance is received, by faxtelecopy, 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 account as set forth in Section 1.1(e) Annex H not later than 3:00 p.m. (New York Toronto time) on the requested Funding Date funding date, in the case of an Canadian Index Rate Loans Loan and not later than 11:00 a.m. (New York Toronto time) on the requested Funding Date funding date in the case of a LIBOR BA 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 Borrower as designated by Borrower in the Notice of Revolving Credit AdvanceBorrower. All payments by each Revolving Lender shall be made without setoff, counterclaim or deduction of any kind.

Appears in 1 contract

Samples: Credit Agreement (Zomax Optical Media Inc)

Advances; Payments. (i) Revolving Lenders shall refund or participate in the Swing Line Loan in accordance with clauses (iii) and (iv) of Section 1.1(c). If 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 a Revolving Credit Advance is received, by faxtelecopy, 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 account as set forth in Section 1.1(e) Annex H not later than 3:00 1:00 p.m. (New York California time) on the requested Funding Date funding date, in the case of an Index Rate Loans Loan, and not later than 11:00 10:00 a.m. (New York California time) on the requested Funding Date 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 Borrower as designated by Borrower in the Notice of Revolving Credit AdvanceBorrower. 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)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!