Certain Payment Provisions. Unless the applicable Borrower or any Lender has notified the Agent, prior to the date any payment is required to be made by it to the Agent hereunder, that such Borrower or such Lender, as the case may be, will not make such payment, the Agent may assume that such Borrower or such Lender, as the case may be, has timely made such payment and may (but shall not be so required to), in reliance thereon, make available a corresponding amount to the Person entitled thereto. If and to the extent that such payment was not in fact made to the Agent in Same Day Funds, then:
(a) if the applicable Borrower failed to make such payment, each applicable Lender shall forthwith on demand repay to the Agent the portion of such assumed payment that was made available to such Lender in Same Day Funds, together with interest thereon in respect of each day from and including the date such amount was made available by the Agent to such Lender to the date such amount is repaid to the Agent in Same Day Funds, at the applicable Overnight Rate from time to time in effect; and
(b) if any Lender failed to make such payment, such Lender shall forthwith on demand pay to the Agent the amount thereof in Same Day Funds, together with interest thereon for the period from the date such amount was made available by the Agent to the applicable Borrower to the date such amount is recovered by the Agent (the “Compensation Period”) at a rate per annum equal to the applicable Overnight Rate from time to time in effect. If such Lender pays such amount to the Agent, then such amount shall constitute such Lender’s Loan, included in the applicable Loan. If such Lender does not pay such amount forthwith upon the Agent’s demand therefor, the Agent may make a demand therefor upon the applicable Borrower, and such Borrower shall pay such amount to the Agent, together with interest thereon for the Compensation Period at a rate per annum equal to the rate of interest applicable to the applicable Loan. Nothing herein shall be deemed to relieve any Lender from its obligation to fulfill its Commitment, or to prejudice any rights which the Agent or the applicable Borrower may have against any Lender as a result of any default by such Lender hereunder. A notice of the Agent to any Lender with respect to any amount owing under this subsection 2.6 shall be conclusive, absent manifest error.
Certain Payment Provisions. FEES AND INTEREST RATES...
Certain Payment Provisions. Borrower shall pay the principal of, and interest on, all payment, promises, interest and other amounts due under the Term Note or hereunder without any deductions whatsoever, including but not limited to any deduction for any set-off, recoupment, or counterclaim. All payments shall be made in United States Dollars and immediately available funds and she applied as more particularly set forth in Section 4 of the Term Note. If any payment under the Term Note or hereunder shall be specified to be made upon a day which is not a Business Day, it shall be made on the next succeeding day which is a Business Day and such extension of time shall in such case be included in computing any interest in connection with such payment. The records of Lender shall be prima facie evidence of the Term Loan, any accrued interest thereon and all principal and interest payments made in respect thereof; provided, that no failure of Lender to timely record any transaction shall in any way affect or impair any liability or other obligations of Borrower to Lender.
Certain Payment Provisions. Fees and Interest Rates: As set forth on Annex I. Repayments and Commitment Reductions: Bridge Loans may be prepaid and Bridge Commitments may be reduced, in whole or in part, in minimum amounts equal to $1,000,000 or a whole multiple thereof, at the option of the Borrower at any time upon three days’ prior notice, without premium or penalty but subject to reimbursement of the Lenders’ redeployment costs in the case of a prepayment of Bridge Loans prior to the last day of the relevant interest period.
Certain Payment Provisions. Facility Fees, Letter of Credit Fees and Interest Rates for Participating Lenders: Same as Existing Credit Agreement; provided, as used in the Facility Documentation, “
Certain Payment Provisions. Fees and Interest Rates As set forth on Annex B-1.
Certain Payment Provisions. Fees and Interest Rates: As set forth on Annex I. Optional Prepayments and Loans may be prepaid and commitments may be reduced Commitment Reductions: by the Borrower in minimum amounts to be agreed upon.
Certain Payment Provisions. Fees and Interest Rates: As set forth on Annexes I and II.
Certain Payment Provisions. Interest Rate Options: The ABL Borrowers may elect that the ABL Facility comprising each borrowing bear interest at a rate per annum equal to (a) the ABR plus the Applicable Margin or (b) the Eurodollar Rate, plus the Applicable Margin; provided that Loans denominated in currencies other than U.S. Dollars, Euros and sterling shall be subject to interest rate definitions and mechanics acceptable to the ABL Agent. (and, with respect to Loans denominated in Euros and/or sterling, interest rate definitions consistent with those set forth in the Existing ABL Credit Agreement). As used herein:
Certain Payment Provisions. Fees and Interest Rates As set forth on Annex A-I. Amortization The Loans will be payable in equal quarterly installments of 1% per annum prior to the Maturity Date with the remaining balance, together with all other amounts owed with respect thereto, payable on the Maturity Date. Optional Prepayments Loans may be prepaid, without premium or penalty (other than customary breakage costs), in minimum amounts to be agreed upon. Optional prepayments shall be applied to the Term Loans, ratably, as directed by the Borrower.
