Authorization regarding Certain Payments. To facilitate the payment of certain amounts payable under this Agreement and the other Loan Documents, the Borrower (i) shall maintain at least one of its principal deposit accounts with Xxxxx Fargo (or any successor Administrative Agent) and (ii) authorizes the Administrative Agent to charge such deposit account and/or any other deposit account maintained by the Borrower with Xxxxx Fargo (or any successor Administrative Agent), up to the amount available therein, in order to pay any principal (including unreimbursed amounts drawn under Letters of Credit), interest or fees then due by the Borrower under this Agreement, any Note or the Fee Letter (but excluding costs and expenses or indemnification obligations payable under Section 14.3). The Borrower acknowledges and agrees that (A) the Administrative Agent shall not be obligated to effectuate any such charge referred to in this Section 5.4(c), (B) if and to the extent that the Administrative Agent does effectuate any such charge, the same may cause an overdraft which may result in the depository bank’s refusal to honor other items drawn on such account until adequate deposits are made to such account, and (C) if and to the extent that such a charge is not made, the Borrower is nonetheless obligated to pay all such amounts when due in accordance with this Agreement, the Notes and/or the Fee Letter (as applicable).
Appears in 4 contracts
Samples: Credit Agreement (Fossil Group, Inc.), Credit Agreement (Fossil Group, Inc.), Credit Agreement (Fossil Group, Inc.)
Authorization regarding Certain Payments. To facilitate the payment of certain amounts payable under this Agreement and the other Loan Documents, the Borrower (i) shall maintain at least one of its principal deposit accounts with Xxxxx Fargo (or any successor Administrative Agent) and (ii) authorizes the Administrative Agent to charge such deposit account and/or any other deposit account maintained by the Borrower with Xxxxx Fargo (or any successor Administrative Agent), up to the amount available therein, in order to pay any principal (including unreimbursed amounts drawn under Letters of Credit), interest or fees then due by the Borrower under this Agreement, any Note or the any Fee Letter (but excluding costs and expenses or indemnification obligations payable under Section 14.3). The Borrower acknowledges and agrees that (A) the Administrative Agent shall not be obligated to effectuate any such charge referred to in this Section 5.4(c), (B) if and to the extent that the Administrative Agent does effectuate any such charge, the same may cause an overdraft which may result in the depository bank’s refusal to honor other items drawn on such account until adequate deposits are made to such account, and (C) if and to the extent that such a charge is not made, the Borrower is nonetheless obligated to pay all such amounts when due in accordance with this Agreement, the Notes and/or the any Fee Letter (as applicable).
Appears in 1 contract
Samples: Credit Agreement (Fossil Inc)