Common use of Agent Reports Clause in Contracts

Agent Reports. The Agent shall, once every seven (7) days, or sooner, at the option of the Agent, distribute to each Lender, at its primary address set forth on the signature page hereof, such funds as it is entitled to receive together with a statement ("Agent's Report") disclosing as of the preceding Business Day, the aggregate principal balance of the Revolving Loans outstanding as of such date, repayments and prepayments of principal received from the Borrower with respect to the Revolving Loans since the immediately preceding Agent's Report, additional Revolving Loans made to the Borrower since date of the immediately preceding Agent's Report, interest and fees received from the Borrower since the date of immediately preceding Agent's Report, the aggregate amount of Eligible Accounts and Eligible Inventory and the Loan Availability as of the Agent's most recent determination, the undrawn face amount of all Letters of Credit issued by Agent for the account of Borrower, the amount of any expenses of Agent paid by Agent since the immediately preceding Agent's Report for which Agent has not been reimbursed by the Borrower and the amount received by the Agent from the Borrower since the immediately preceding Agent's Report in payment of outstanding expenses of Agent. Such Agent's Reports shall also disclose the net amount due to or due from the Lenders. If the Agent's Report discloses a net amount due from the Agent to the Lenders, the Agent shall, concurrently with the delivery of the Agent's Report to the Lenders transfer, by wire or otherwise, such amount to the Lenders in funds immediately available to the Lenders in accordance with each Lender's instructions. If such report discloses a net amount due to Agent from the Lenders, then the Lenders shall transfer by wire or otherwise, such amount, in funds immediately available to the Agent as instructed by the Agent. Such net amount due from a Lender to the Agent shall be due on the same day such Lender receives such Agent's Report, if such Agent's Report is received before 1:00 p.m. (Dallas, Texas time) and such net amount shall be due on the Business Day following receipt of such Agent's Report, if such Agent's Report is received after 1:00 p.m. (Dallas, Texas time). Any amounts due hereunder to the Agent from the Lenders or vice versa which are not paid when due shall bear interest from the date due until ten (10) days thereafter at the weighted average of the rates on overnight federal funds transactions with members of the Federal Reserve System only, arranged by federal funds brokers as published as of such day by the Federal Reserve Bank of New York and thereafter, until paid in full, at the rate applicable to the Floating Rate Loans.

Appears in 2 contracts

Samples: Loan and Security Agreement (American Builders & Contractors Supply Co Inc), Loan and Security Agreement (Amcraft Building Products Co Inc)

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Agent Reports. The Agent shall, once every seven (7) days, or sooner, at the option of the Agent, distribute to each Lender, at its primary address set forth on the signature page hereof, hereof such funds as it is entitled to receive together with a statement ("Agent's Report") disclosing as of the preceding prior Business Day, the aggregate principal balance of the Revolving Loans outstanding as of such date, repayments and prepayments of principal received from the Borrower Borrowers with respect to the Revolving Loans Loan since the immediately preceding Agent's Report, additional Revolving Loans Loan advances made to Borrowers since the Borrower since date of the immediately preceding Agent's Report, interest and fees received from the Borrower Borrowers since the date of the immediately preceding Agent's Report, the aggregate amount of Eligible Accounts and Eligible Inventory and the Loan Availability Borrowing Base as of the Agent's most recent determination, the undrawn face amount of all Letters of Credit issued by Agent for the account of BorrowerBorrowers, the amount of any expenses of Agent paid by Agent since the date of 74 81 the immediately preceding Agent's Report for which Agent has not been reimbursed by the Borrower Borrowers and the amount received by the Agent from Borrowers since the Borrower since date of the immediately preceding Agent's Report in payment of outstanding expenses of Agent. Such Agent's Reports shall also disclose the net amount due to or due from the Lenders. If the Agent's Report discloses a net amount due from the Agent to the Lenders, the Agent shall, concurrently with the delivery of the Agent's Report to the Lenders Lenders, transfer, by wire or otherwise, such amount to the Lenders in funds immediately available to the Lenders in accordance with each Lender's Lenders instructions. If such report discloses a net amount due to Agent from the Lenders, then the Lenders shall transfer by wire or otherwise, such amount, in funds immediately available to the Agent as instructed by the Agent. Such net amount due from a Lender to the Agent shall be due on the same day such Lender receives such Agent's Report, if such Agent's Report is received before 1:00 p.m. (Dallas, Texas Chicago time) and such net amount shall be due on the Business Day following receipt of such Agent's Report, if such Agent's Report is received after 1:00 p.m. (Dallas, Texas Chicago time). Any amounts due hereunder thereunder to the Agent from the Lenders or vice versa which are not paid when due shall bear interest from the date due until ten (10) days thereafter at the weighted average of the rates rate on overnight federal funds transactions with members of the Federal Reserve System only, arranged by federal funds brokers as published as of such day by the Federal Reserve Bank of New York and thereafter, until paid in full, at the rate applicable to the Floating Base Rate Loans.

Appears in 1 contract

Samples: Loan and Security Agreement (Action Performance Companies Inc)

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Agent Reports. The Agent shall, once every seven (7) days, or ------------- sooner, at the option of the Agent, distribute to each Lender, at its primary address set forth on the signature page hereof, such funds as it is entitled to receive together with a statement ("Agent's Report") disclosing as of the -------------- preceding Business Day, the aggregate principal balance of the Revolving Loans outstanding as of such date, repayments and prepayments of principal received from the Borrower with respect to the Revolving Loans since the immediately preceding Agent's Report, additional Revolving Loans made to the Borrower since date of the immediately preceding Agent's Report, interest and fees received from the Borrower since the date of immediately preceding Agent's Report, the aggregate amount of Eligible Accounts and Eligible Inventory and the Loan Availability as of the Agent's most recent determination, the undrawn face amount of all Letters of Credit issued by Agent for the account of Borrower, the amount of any expenses of Agent paid by Agent since the immediately preceding Agent's Report for which Agent has not been reimbursed by the Borrower and the amount received by the Agent from the Borrower since the immediately preceding Agent's Report in payment of outstanding expenses of Agent. Such Agent's Reports shall also disclose the net amount due to or due from the Lenders. If the Agent's Report discloses a net amount due from the Agent to the Lenders, the Agent shall, concurrently with the delivery of the Agent's Report to the Lenders transfer, by wire or otherwise, such amount to the Lenders in funds immediately available to the Lenders in accordance with each Lender's instructions. If such report discloses a net amount due to Agent from the Lenders, then the Lenders shall transfer by wire or otherwise, such amount, in funds immediately available to the Agent as instructed by the Agent. Such net amount due from a Lender to the Agent shall be due on the same day such Lender receives such Agent's Report, if such Agent's Report is received before 1:00 p.m. (DallasChicago, Texas Illinois time) and such net amount shall be due on the Business Day following receipt of such Agent's Report, if such Agent's Report is received after 1:00 p.m. (DallasChicago, Texas Illinois time). Any amounts due hereunder to the Agent from the Lenders or vice versa which are not paid when due shall bear interest from the date due until ten (10) days thereafter at the weighted average of the rates on overnight federal funds transactions with members of the Federal Reserve System only, arranged by federal funds brokers as published as of such day by the Federal Reserve Bank of New York and thereafter, until paid in full, at the rate applicable to the Floating Rate Loans.

Appears in 1 contract

Samples: Loan and Security Agreement (American Builders & Contractors Supply Co Inc)

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