Automatic Debits of Fees. With respect to any fee, or any other cost or expense (including Attorney Costs as provided for herein) due and payable to the Agent, the Issuing Bank, BofA or the Arranger under the Loan Documents, the Company hereby irrevocably authorizes BofA to debit any deposit account of the Company with BofA in an amount such that the aggregate amount debited from all such deposit accounts does not exceed such fee or other cost or expense. If there are insufficient funds in such deposit accounts to cover the amount of the fee or other cost or expense then due, such debits will be reversed (in whole or in part, in BofA's sole discretion) and such amount not debited shall be deemed to be unpaid. No such debit under this Section shall be deemed a set-off.
Appears in 3 contracts
Samples: Credit Agreement (Precision Castparts Corp), Credit Agreement (Precision Castparts Corp), Credit Agreement (Precision Castparts Corp)
Automatic Debits of Fees. With respect to any commitment fee, arrangement fee, or other fee, or any other cost or expense (including Attorney Costs as provided for hereinCosts) due and payable to the Agent, the Issuing Bank, BofA or the Arranger under the Loan Documents, the Company hereby irrevocably authorizes BofA to debit any deposit account of the Company with BofA in an amount such that the aggregate amount debited from all such deposit accounts does not exceed such fee or other cost or expense. If there are insufficient funds in such deposit accounts to cover the amount of the fee or other cost or expense then due, such debits will be reversed (in whole or in part, in BofA's sole discretion) and such amount not debited shall be deemed to be unpaid. No such debit under this Section shall be deemed a set-off.
Appears in 3 contracts
Samples: Credit Agreement (Cd Radio Inc), Credit Agreement (Mentor Graphics Corp), Credit Agreement (Trendwest Resorts Inc)
Automatic Debits of Fees. With respect to any commitment fee, arrangement fee, or other fee, or any other cost or expense (including excluding Attorney Costs as provided for hereinCosts) due and payable to the Agent, the Issuing Bank, BofA or the Arranger under the Loan Documents, the Company hereby irrevocably authorizes BofA to debit any deposit account of the Company with BofA in an amount such that the aggregate amount debited from all such deposit accounts does not exceed such fee or other cost or expense. If there are insufficient funds in such deposit accounts to cover the amount of the fee or other cost or expense then due, such debits will be reversed (in whole or in part, in BofA's sole discretion) and such amount not debited shall be deemed to be unpaid. No such debit under this Section shall be deemed a set-off.
Appears in 2 contracts
Samples: Quarterly Report, Credit Agreement (Idex Corp /De/)
Automatic Debits of Fees. With respect to any fee, or any other cost or expense (including Attorney Costs as provided for hereinCosts) due and payable to the Agent, the Issuing Bank, the Swingline Bank, BofA or the Arranger under the Loan Documents, the Company hereby irrevocably authorizes BofA to debit any deposit account of the Company with BofA in an amount such that the aggregate amount debited from all such deposit accounts does not exceed such fee or other cost or expense. If there are insufficient funds in such deposit accounts to cover the amount of the fee or other cost or expense then due, such debits will be reversed (in whole or in part, in BofA's sole discretion) and such amount not debited shall be deemed to be unpaid. No such debit under this Section shall be deemed a set-off.
Appears in 2 contracts
Samples: Credit Agreement (U S Timberlands Finance Corp), Credit Agreement (U S Timberlands Co Lp)
Automatic Debits of Fees. With respect to any interest, commitment ------------------------ fee, letter of credit fee or any other cost or expense (including Attorney Costs as provided for herein) agency fee due and payable to the Agent, the any Issuing Bank, Bank or BofA or the Arranger under the Loan Documents, the Company hereby irrevocably authorizes BofA to debit any deposit account of the Company with BofA in an amount such that the aggregate amount debited from all such deposit accounts does not exceed such fee or other cost or expenseexpense with notice, if agreed to by such Person in accordance with its procedures. If there are insufficient funds in such deposit accounts to cover the amount of the fee or other cost or expense then due, such debits will be reversed (in whole or in part, in BofA's sole discretion) and such amount not debited shall be deemed to be unpaid. No such debit under this Section shall be deemed a set-offsetoff.
Appears in 2 contracts
Samples: Credit Agreement (West Marine Inc), Credit Agreement (West Marine Inc)
Automatic Debits of Fees. With respect to any fee, or any other cost or expense (including Attorney Costs as provided for hereinCosts) due and payable to the AgentAgents, the Issuing BankBNY, BofA or the any Arranger under the Loan Documents, the Company hereby irrevocably authorizes BNY and BofA to debit any deposit account of the Company with BNY or BofA in an amount such that the aggregate amount debited from all such deposit accounts does not exceed such fee or other cost or expense. If there are insufficient funds in such deposit accounts to cover the amount of the fee or other cost or expense then due, such debits will be reversed (in whole or in part, in BNY's or BofA's sole discretion) and such amount not debited shall be deemed to be unpaid. No such debit under this Section shall be deemed a set-off.
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Automatic Debits of Fees. With respect to any commitment fee, arrangement fee, or other fee, or any other cost or expense (including reasonable Attorney Costs as provided for hereinCosts) due and payable to the Agent, the Issuing Bank, BofA or the Arranger under the Loan Documents, the Company hereby irrevocably authorizes BofA to debit any deposit account of the Company with BofA in an amount such that the aggregate amount debited from all such deposit accounts does not exceed such fee or other cost or expense. If there are insufficient funds in such deposit accounts to cover the amount of the fee or other cost or expense then due, such debits will be reversed (in whole or in part, in BofA's sole discretion) and such amount not debited shall be deemed to be unpaid. No such debit under this Section shall be deemed a set-offsetoff.
Appears in 1 contract
Samples: Credit Agreement (National Surgery Centers Inc \De\)
Automatic Debits of Fees. With respect to any commitment fee, arrangement fee, or other fee, or any other cost or expense (including Attorney Costs as provided for hereinCosts) due and payable to the Administrative Agent, the Issuing Bank, BofA or the Arranger under the Loan Documents, the Company hereby irrevocably authorizes BofA to debit any deposit account of the Company with BofA in an amount such that the aggregate amount debited from all such deposit accounts does not exceed such fee or other cost or expense. If there are insufficient funds in such deposit accounts to cover the amount of the fee or other cost or expense then due, such debits will be reversed (in whole or in part, in BofA's sole discretion) and such amount not debited shall be deemed to be unpaid. No such debit under this Section shall be deemed a set-off.
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Automatic Debits of Fees. With respect to any arrangement fee, agency fee, facility fee, letter of credit fee or other fee, or any other cost or expense (including Attorney Costs as provided for hereinCosts) due and payable to the Agent, the Issuing Bank, BofA Agent or the Arranger any Bank under the Loan Documents, the Company hereby irrevocably authorizes BofA to debit any deposit account of the Company with BofA in an amount such that the aggregate amount debited from all such deposit accounts does not exceed such fee or other cost or expense. If there are insufficient funds in such deposit accounts to cover the amount of the fee or other cost or expense then due, such debits will be reversed (in whole or in part, in BofA's sole discretion, as the case may be) and such amount not debited shall be deemed to be unpaid. No such debit under this Section shall be deemed a set-off.
Appears in 1 contract
Samples: Letter of Credit Agreement (Delphi International LTD)
Automatic Debits of Fees. With respect to any non-use fee, arrangement fee or other fee, or any other cost or expense (including Attorney Costs as provided for hereinCosts) due and payable to the Agent, the Issuing Bank, Swing Line Lender or BofA or the Arranger under the Loan Documents, the Company hereby irrevocably authorizes BofA to debit any deposit account of the Company with BofA in an amount such that the aggregate amount debited from all such deposit accounts does not exceed such fee or other cost or expense. If there are insufficient funds in such deposit accounts to cover the amount of the fee or other cost or expense then due, such debits will be reversed (in whole or in part, in BofA's sole discretion) and such amount not debited shall be deemed to be unpaid. No such debit under this Section shall be deemed a set-off.
Appears in 1 contract
Samples: Credit Agreement (Truserv Corp)
Automatic Debits of Fees. With respect to any fee, or any other cost or expense (including Attorney Costs as provided for hereinCosts) due and payable to the Agent, the Issuing Bank, BofA or the Arranger under the Loan Documents, the Company hereby irrevocably authorizes BofA to debit any the deposit account of the Company with BofA BofA, number 79-36206, in an amount such that the aggregate amount debited from all such deposit accounts does not exceed such fee or other cost or expense. If there are insufficient funds in such deposit accounts to cover the amount of the fee or other cost or expense then due, such debits will be reversed (in whole or in part, in BofA's sole discretion) and such amount not debited shall be deemed to be unpaid. No such debit under this Section shall be deemed a set-off.
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Automatic Debits of Fees. With respect to any commitment fee, letter of credit fee or other fee, or any other cost or expense (including Attorney Costs as provided for hereinCosts) due and payable to the Agent, the Issuing Bank, BofA or the Arranger under the Loan Documents, the Company Borrower hereby irrevocably authorizes BofA to debit any deposit account of the Company Borrower with BofA in an amount such that the aggregate amount debited from all such deposit accounts does not exceed such fee or other cost or expense. If there are insufficient funds in such deposit accounts to cover the amount of the fee or other cost or expense then due, such debits will be reversed (in whole or in part, in BofA's sole discretion) and such amount not debited shall be deemed to be unpaid. No such debit under this Section shall be deemed a set-off.
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Automatic Debits of Fees. With respect to any commitment fee, ------------------------ utilization fee, arrangement fee, or other fee, or any other cost or expense (including Attorney Costs as provided for hereinCosts) due and payable to the Agent, the Issuing Bank, BofA or the Arranger under the Loan Documents, the Company hereby irrevocably authorizes BofA to debit any deposit account of the Company with BofA in an amount such that the aggregate amount debited from all such deposit accounts does not exceed such fee or other cost or expense. If there are insufficient funds in such deposit accounts to cover the amount of the fee or other cost or expense then due, such debits will be reversed (in whole or in part, in BofA's sole discretion) and such amount not debited shall be deemed to be unpaid. No such debit under this Section shall be deemed a set-off.
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Automatic Debits of Fees. With respect to any commitment fee, arrangement fee, or other fee, or any other cost or expense (including Attorney Costs as provided for hereinCosts) due and payable to the Agent, the Issuing Bank, BofA or the Lead Arranger and Sole Book Manager under the Loan Documents, the Company hereby irrevocably authorizes BofA to debit any deposit account of the Company with BofA in an amount such that the aggregate amount debited from all such deposit accounts does not exceed such fee or other cost or expense. If there are insufficient funds in such deposit accounts to cover the amount of the fee or other cost or expense then due, such debits will be reversed (in whole or in part, in BofA's sole discretion) and such amount not debited shall be deemed to be unpaid. No such debit under this Section shall be deemed a set-off.
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Automatic Debits of Fees. With respect to any commitment fee or other fee, or any other cost or expense (including Attorney Costs as provided for hereinCosts) due and payable to the Agent, the Issuing Bank, BofA or the Lead Arranger under the Loan Documents, the Company Borrower hereby irrevocably authorizes BofA to debit any deposit account of the Company Borrower with BofA in an amount such that the aggregate amount debited from all such deposit accounts does not exceed such fee or other cost or expense. If there are insufficient funds in such deposit accounts to cover the amount of the fee or other cost or expense then due, such debits will be reversed (in whole or in part, in BofA's sole discretion) and such amount not debited shall be deemed to be unpaid. No such debit under this Section shall be deemed a set-off.
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Automatic Debits of Fees. With respect to any fee, or any other cost or ------------------------ expense (including Attorney Costs as provided for hereinCosts) due and payable to the Agent, the Issuing Bank, BofA or the Arranger under the Loan Documents, the Company hereby irrevocably authorizes BofA to debit any deposit account of the Company with BofA in an amount such that the aggregate amount debited from all such deposit accounts does not exceed such fee or other cost or expense. If there are insufficient funds in such deposit accounts to cover the amount of the fee or other cost or expense then due, such debits will be reversed (in whole or in part, in BofA's sole discretion) and such amount not debited shall be deemed to be unpaid. No such debit under this Section shall be deemed a set-offsetoff.
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Automatic Debits of Fees. With respect to any fee, or any other cost or expense (including Attorney Costs as provided for hereinCosts) due and payable to the AgentAgents, the Issuing BankBofA, BofA BNY or Deutsche or the Arranger under the Loan Documents, the Company hereby irrevocably authorizes BNY, Deutsche and BofA to debit any deposit account of the Company with BNY, Deutsche or BofA in an amount such that the aggregate amount debited from all such deposit accounts does not exceed such fee or other cost or expense. If there are insufficient funds in such deposit accounts to cover the amount of the fee or other cost or expense then due, such debits will be reversed (in whole or in part, in BofA's, BNY's or Deutsche's sole discretion) and such amount not debited shall be deemed to be unpaid. No such debit under this Section shall be deemed a set-off.
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Automatic Debits of Fees. With respect to any principal, interest, fee, or any other cost or expense (including Attorney Costs as provided for hereinCosts) due and payable to the Agent, the Issuing Bank, BofA or the Lead Arranger under the Loan Documents, each of Holdings and the Company hereby irrevocably authorizes BofA to debit any deposit account of Holdings or the Company with BofA in an amount such that the aggregate amount debited from all such deposit accounts does not exceed such principal, interest, fee or other cost or expense. If there are insufficient funds in such deposit accounts to cover the amount of the fee or other cost or expense then due, such debits will be reversed (in whole or in part, in BofA's sole discretion) and such amount not debited shall be deemed to be unpaid. No such debit under this Section shall be deemed a set-off.
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