Common use of CREDIT FOR FUNDS RECEIVED IN CONCENTRATION ACCOUNT Clause in Contracts

CREDIT FOR FUNDS RECEIVED IN CONCENTRATION ACCOUNT. (a) All funds and cash proceeds in the form of money, checks and like items received in the Fleet Concentration Account as contemplated by Section 6.23 hereof shall be credited, on the same Business Day on which the Agent determines that good collected funds have been received, and, prior to the receipt of good collected funds, on a provisional basis until final receipt of good collected funds, and applied as contemplated by Section 2C.1.2 hereof, (b) all funds and cash proceeds in the form of a wire transfer received in the Fleet Concentration Account as contemplated by Section 6.23 hereof shall be credited on the same Business Day as the Agent's receipt of such amounts (or on such later date as the Agent determines that good collected funds have been received), and transferred as contemplated by Section 2C.1.2 hereof, and (c) all funds and cash proceeds in the form of an automated clearing house transfer received in the Fleet Concentration Account as contemplated by Section 6.23 hereof shall be credited, on the next Business Day following the Agent's receipt of such amounts (or on such later date as the Agent determines that good collected funds have been received), and transferred as contemplated by Section 2C.1.2 hereof. For purposes of the foregoing provisions of this Section 2C.1.1, the Agent shall not be deemed to have received any such funds or cash proceeds on any day unless received by the Agent before 2:30 p.m. (Boston time) on such day. Each of the Borrowers further acknowledges and agrees that any such provisional credits or credits in respect of wire or automatic clearing house funds transfers shall be subject to reversal if final collection in good funds of the related item is not received by, or final settlement of the funds transfer is not made in favor of, the Agent in accordance with the Agent's customary procedures and practices for collecting provisional items or receiving settlement of funds transfers.

Appears in 1 contract

Samples: Loan Agreement (Medallion Financial Corp)

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CREDIT FOR FUNDS RECEIVED IN CONCENTRATION ACCOUNT. Prior to the occurrence of the Termination Declaration Date, (ai) All all funds and cash proceeds in the form of money, checks and like items received in the Fleet Concentration Account as contemplated by Section 6.23 hereof shall be credited, on the same Business Day on which the Administrative Agent determines that good collected immediately available funds have been received, and, prior to the receipt of good collected funds, on a provisional basis until final receipt of good collected funds, received and applied as contemplated by Section 2C.1.2 hereofss.2.10.2, (bii) all funds and cash proceeds in the form of a wire transfer received in the Fleet Concentration Account as contemplated by Section 6.23 hereof shall be credited on the same Business Day as the Administrative Agent's receipt of such amounts (or on up to such later date as the Administrative Agent determines that good collected funds have been receivedreceived and are immediately available), and transferred applied as contemplated by Section 2C.1.2 hereofss.2.10.2, and (ciii) all funds and cash proceeds in the form of an automated clearing house transfer received in the Fleet Concentration Account as contemplated by Section 6.23 hereof shall be credited, on the next Business Day following the Administrative Agent's receipt of such amounts (or on up to such later date as the Administrative Agent determines that good collected funds have been receivedreceived and are immediately available), and transferred applied as contemplated by Section 2C.1.2 hereofss.2.10.2. For purposes of the foregoing provisions of this Section 2C.1.1ss.2.10.1, the Administrative Agent shall not be deemed to have received any such funds or cash proceeds on any day unless received by the Administrative Agent before 2:30 p.m. (Boston Boston, Massachusetts time) on such day. Each of the The Borrowers further acknowledges acknowledge and agrees agree that any such provisional credits or credits in respect of wire or automatic clearing house funds transfers that may be granted shall be subject to reversal if final collection in good funds of the related item is not received by, or final settlement of the funds transfer is not made in favor of, the Administrative Agent in accordance with the Administrative Agent's customary procedures and practices for collecting provisional items or receiving settlement of funds transfers.

Appears in 1 contract

Samples: Credit Agreement (Nationsrent Inc)

CREDIT FOR FUNDS RECEIVED IN CONCENTRATION ACCOUNT. Prior -------------------------------------------------- to the occurrence of an Event of Default as to which the account officers of the Agent active upon the Borrower's account have actual knowledge, (ai) All all funds and cash proceeds in the form of money, checks and like items received in the Fleet BKB Concentration Account as contemplated by Section 6.23 hereof ss.8.14 shall be credited, on the same Business Day on which the Agent determines that good collected funds have been received, and, prior to the receipt of good collected funds, on a provisional basis until final receipt of good collected funds, and applied to or in respect of the Obligations or, as the case may be, to the Operating Account as contemplated by Section 2C.1.2 hereofss.2.10.2, (bii) all funds and cash proceeds in the form of a wire transfer received in the Fleet BKB Concentration Account as contemplated by Section 6.23 hereof ss.8.14 shall be credited on the same Business Day as the Agent's receipt of such amounts (or on up to such later date as the Agent determines that good collected funds have been received), and transferred to or in respect of the Obligations or, as the case may be, to the Operating Account as contemplated by Section 2C.1.2 hereofss.2.10.2, and (ciii) all funds and cash proceeds in the form of an automated clearing house transfer received in the Fleet BKB Concentration Account as contemplated by Section 6.23 hereof ss.8.14 shall be credited, on the next Business Day following the Agent's receipt of such amounts (or on up to such later date as the Agent determines that good collected funds have been received), and transferred as contemplated by Section 2C.1.2 hereof. For purposes of the foregoing provisions of this Section 2C.1.1, the Agent shall not be deemed to have received any such funds or cash proceeds on any day unless received by the Agent before 2:30 p.m. (Boston time) on such day. Each of the Borrowers further acknowledges and agrees that any such provisional credits or credits in respect of wire or automatic clearing house funds transfers shall be subject to reversal if final collection in good funds of the related item is not received by, or final settlement of the funds transfer is not made in favor of, the Agent in accordance with the Agent's customary procedures and practices for collecting provisional items or receiving settlement of funds transfers.the

Appears in 1 contract

Samples: Credit Agreement (Fairfield Communities Inc)

CREDIT FOR FUNDS RECEIVED IN CONCENTRATION ACCOUNT. Prior to the occurrence of an Event of Default as to which the account officers of the Administrative Agent active upon the Borrowers’ account have actual knowledge, (a) All all funds and cash proceeds in the form of money, checks and like items received in the Fleet Bank of America Concentration Account as contemplated by Section 6.23 hereof §8.13 shall be credited, on the same Business Day on which the Administrative Agent determines that good collected funds have been received, and, prior to the receipt of good collected funds, on a provisional basis until final receipt of good collected funds, and applied as contemplated by Section 2C.1.2 hereof§2.11.2, (b) all funds and cash proceeds in the form of a wire transfer received in the Fleet Bank of America Concentration Account as contemplated by Section 6.23 hereof §8.13 shall be credited on the same Business Day as the Administrative Agent's ’s receipt of such amounts (or on up to such later date as the Administrative Agent determines that good collected funds have been received), and transferred applied as contemplated by Section 2C.1.2 hereof§2.11.2, and (c) all funds and cash proceeds in the form of an automated clearing house transfer received in the Fleet Bank of America Concentration Account as contemplated by Section 6.23 hereof §8.13 shall be credited, on the next Business Day following the Administrative Agent's ’s receipt of such amounts (or on up to such later date as the Administrative Agent determines that good collected funds have been received), and transferred applied as contemplated by Section 2C.1.2 hereof§2.11.2. For purposes of the foregoing provisions of this Section 2C.1.1§2.11.1, the Administrative Agent shall not be deemed to have received any such funds or cash proceeds on any day unless received by the Administrative Agent before 2:30 p.m. (Boston Connecticut time) on such day. Each of the The Borrowers further acknowledges acknowledge and agrees agree that any such provisional credits or credits in respect of wire or automatic clearing house funds transfers shall be subject to reversal if final collection in good funds of the related item is not received by, or final settlement of the funds transfer is not made in favor of, the Administrative Agent in accordance with the Administrative Agent's ’s customary procedures and practices for collecting provisional items or receiving settlement of funds transfers.

Appears in 1 contract

Samples: Revolving Credit Agreement (Seneca Foods Corp /Ny/)

CREDIT FOR FUNDS RECEIVED IN CONCENTRATION ACCOUNT. Prior to the occurrence of an Event of Default as to which the account officers of the Administrative Agent active upon the Borrower's account have actual knowledge and which has not been cured or waived, (ai) All all funds and cash proceeds in the form of money, checks and like items received in the Fleet Concentration Account as contemplated by Section 6.23 hereof 10.14 shall be credited, on the same Business Day on which the Administrative Agent determines that good collected funds have been received, and, prior to the receipt of good collected funds, on a provisional basis until final receipt of good collected funds, and applied as contemplated by Section 2C.1.2 hereof2.11.2, (bii) all funds and cash proceeds in the form of a wire transfer received in the Fleet Concentration Account as contemplated by Section 6.23 hereof 10.14 shall be credited on the same Business Day as the Administrative Agent's receipt of such amounts (or on up to such later date as the Administrative Agent determines that good collected funds have been received), and transferred applied as contemplated by Section 2C.1.2 hereof2.11.2, and (ciii) all funds and cash proceeds in the form of an 52 -43- automated clearing house transfer received in the Fleet Concentration Account as contemplated by Section 6.23 hereof 10.14 shall be credited, on the next Business Day following the Administrative Agent's receipt of such amounts (or on up to such later date as the Administrative Agent determines that good collected funds have been received), and transferred applied as contemplated by Section 2C.1.2 hereof2.11.2. For purposes of the foregoing provisions of this Section 2C.1.12.11.1, the Administrative Agent shall not be deemed to have received any such funds or cash proceeds on any day unless received by the Administrative Agent before 2:30 2:00 p.m. (Boston time) on such day. Each of the Borrowers The Borrower further acknowledges and agrees that any such provisional credits or credits in respect of wire or automatic clearing house funds transfers shall be subject to reversal if final collection in good funds of the related item is not received by, or final settlement of the funds transfer is not made in favor of, the Administrative Agent in accordance with the Administrative Agent's customary procedures and practices for collecting provisional items or receiving settlement of funds transfers.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Bell Sports Corp)

CREDIT FOR FUNDS RECEIVED IN CONCENTRATION ACCOUNT. Prior to the occurrence of an Event of Default as to which the account officers of the Agent active upon the Borrower's account have actual knowledge, (ai) All all funds and cash proceeds in the form of money, checks and like items received in the Fleet BKB Concentration Account as contemplated by Section 6.23 hereof 9.15 shall be credited, on the same Business Day on which the Agent determines that good collected funds have been received, and, prior to the receipt of good collected funds, on a provisional basis until final receipt of good collected funds, and applied as contemplated by Section 2C.1.2 hereof2.11.2, (bii) all funds and cash proceeds in the form of a wire transfer received in the Fleet BKB Concentration Account as contemplated by Section 6.23 hereof 9.15 shall be credited on the same Business Day as the Agent's receipt of such amounts (or on up to such later date as the Agent determines that good collected funds have been received), and transferred applied as contemplated by Section 2C.1.2 hereof2.11.2, and (ciii) all funds and cash proceeds in the form of an automated clearing house transfer or similar transfer, to the extent applicable, received in the Fleet BKB Concentration Account as contemplated by Section 6.23 hereof 9.15 shall be credited, on the next Business Day following the Agent's receipt of such amounts (or on up to such later date as the Agent determines that good collected funds have been received), and transferred applied as contemplated by Section 2C.1.2 hereof2.11.2. For purposes of the foregoing provisions of this Section 2C.1.12.11.1, and to the extent any funds so received pursuant to this Section 2.11.1 are to be used to make any payments or prepayments on any Obligations under the Loan Documents, the Agent shall not be deemed to have received any such funds or cash proceeds on any day unless received by the Agent before (a) 4:00 p.m. (Boston time) on such day if such funds are being used to make a payment on any advances made pursuant to Section 2.6.2 for which a Settlement has not yet occurred; and (b) in all other cases, 2:30 p.m. (Boston time) on such day. Each of the Borrowers The Borrower further acknowledges and agrees that any such provisional credits or credits in respect of wire or wire, automatic clearing house funds transfers or similar transfers shall be subject to reversal if final collection in good funds of the related item is not received by, or final settlement of the funds transfer is not made in favor of, the Agent in accordance with the Agent's customary procedures and practices for collecting provisional items or receiving settlement of funds transfers.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Western Digital Corp)

CREDIT FOR FUNDS RECEIVED IN CONCENTRATION ACCOUNT. (a) -------------------------------------------------- All funds and cash proceeds in the form of money, checks and like items received in the Fleet Concentration Account as contemplated by Section 6.23 hereof shall be credited, on the same Business Day on which the Agent determines that good collected funds have been received, and, prior to the receipt of good collected funds, on a provisional basis until final receipt of good collected funds, and applied as contemplated by Section 2C.1.2 or 2C.1.3 hereof, as the case may be, (b) all funds and cash proceeds in the form of a wire transfer received in the Fleet Concentration Account as contemplated by Section 6.23 hereof shall be credited on the same Business Day as the Agent's receipt of such amounts (or on such later date as the Agent determines that good collected funds have been received), and transferred as contemplated by Section 2C.1.2 hereof or, as the case may be, applied as contemplated by Section 2C.1.3 hereof, and (c) all funds and cash proceeds in the form of an automated clearing house transfer received in the Fleet Concentration Account as contemplated by Section 6.23 hereof shall be credited, on the next Business Day following the Agent's receipt of such amounts (or on such later date as the Agent determines that good collected funds have been received), and transferred as contemplated by Section 2C.1.2 hereof or, as the case may be, applied as contemplated by Section 2C.1.3 hereof. For purposes of the foregoing provisions of this Section 2C.1.1, the Agent shall not be deemed to have received any such funds or cash proceeds on any day unless received by the Agent before 2:30 p.m. (Boston time) on such day. Each of the The Borrowers further acknowledges acknowledge and agrees agree that any such provisional credits or credits in respect of wire or automatic clearing house funds transfers shall be subject to reversal if final collection in good funds of the related item is not received by, or final settlement of the funds transfer is not made in favor of, the Agent in accordance with the Agent's customary procedures and practices for collecting provisional items or receiving settlement of funds transfers.

Appears in 1 contract

Samples: Loan Agreement (Medallion Financial Corp)

CREDIT FOR FUNDS RECEIVED IN CONCENTRATION ACCOUNT. Prior to the occurrence of an Event of Default as to which the account officers of the Agent active upon the Borrower's account have actual knowledge, (a) All all funds and cash proceeds in the form of money, checks and like items received in the Fleet BKB Concentration Account as contemplated by Section 6.23 hereof 9.18 shall be credited, on the same Business Day on which the Agent determines that good collected funds have been received, and, prior to the receipt of good collected funds, on a provisional basis until final receipt of good collected funds, and applied as contemplated by Section 2C.1.2 hereof2.10.2, (b) all funds and cash proceeds in the form of a wire transfer received in the Fleet BKB Concentration Account as contemplated by Section 6.23 hereof 9.18 shall be credited on the same Business Day as the Agent's receipt of such amounts (or on up to such later date as the Agent determines that good collected funds have been received), and transferred applied as contemplated by Section 2C.1.2 hereof2.10.2, and (c) all funds and cash proceeds in the form of an automated clearing house transfer received in the Fleet BKB Concentration Account as contemplated by Section 6.23 hereof 9.18 shall be credited, on the next Business Day following the Agent's receipt of such amounts (or on up to such later date as the Agent determines that good collected funds have been received), and transferred applied as contemplated by Section 2C.1.2 hereof2.10.2. For purposes of the foregoing provisions of this Section 2C.1.12.10.1, the Agent shall not be deemed to have received any such funds or cash proceeds on any day unless received by the Agent before 2:30 p.m. (Boston time) on such day. Each of the Borrowers The Borrower further acknowledges and agrees that any such provisional credits or credits in respect of wire or automatic clearing house funds transfers shall be subject to reversal if final collection in good funds of the related item is not received by, or final settlement of the funds transfer is not made in favor of, the Agent in accordance with the Agent's customary procedures and practices for collecting provisional items or receiving settlement of funds transfers.

Appears in 1 contract

Samples: Revolving Credit Agreement (Aztec Technology Partners Inc /De/)

CREDIT FOR FUNDS RECEIVED IN CONCENTRATION ACCOUNT. Prior to the occurrence of an Event of Default as to which the account officers of the Agent active upon the Borrowers' account have actual knowledge, (ai) All all funds and cash proceeds in the form of money, checks and like items received in the Fleet BKB Concentration Account as contemplated by Section 6.23 hereof ss.9.14 shall be credited, on the same Business Day on which the Agent determines that good collected funds have been received, and, prior to the receipt of good collected funds, on a provisional basis until final receipt of good collected funds, and applied as contemplated by Section 2C.1.2 hereofss.2.11.2, (bii) all funds and cash proceeds in the form of a wire transfer received in the Fleet BKB Concentration Account as contemplated by Section 6.23 hereof ss.9.14 shall be credited on the same Business Day as the Agent's receipt of such amounts (or on up to such later date as the Agent determines that good collected funds have been received), and transferred applied as contemplated by Section 2C.1.2 hereofss.2.11.2, and (ciii) all funds and cash proceeds in the form of an automated clearing house transfer received in the Fleet BKB Concentration Account as contemplated by Section 6.23 hereof ss.9.14 shall be credited, on the next Business Day following the Agent's receipt of such amounts (or on up to such later date as the Agent determines that good collected funds have been received), and transferred applied as contemplated by Section 2C.1.2 hereofss.2.11.2. For purposes of the foregoing provisions of this Section 2C.1.1ss.2.11.1, the Agent shall not be deemed to have received any such funds or cash proceeds on any day unless received by the Agent before 2:30 p.m. (Boston time) on such day. Each of the Borrowers further acknowledges and agrees that any such provisional credits or credits in respect of wire or automatic clearing house funds transfers shall be subject to reversal if final collection in good funds of the related item is not received by, or final settlement of the funds transfer is not made in favor of, the Agent in accordance with the Agent's customary procedures and practices for collecting provisional items or receiving settlement of funds transfers.

Appears in 1 contract

Samples: Credit and Term Loan Agreement (Century Aluminum Co)

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CREDIT FOR FUNDS RECEIVED IN CONCENTRATION ACCOUNT. Prior to the occurrence of an Event of Default as to which the account officers of the Administrative Agent active upon the Borrower's account have actual knowledge, other than a Specified Default during the Limited Forbearance Period, (a) All all funds and cash proceeds in the form of money, checks and like items received in the Fleet Concentration Account as contemplated by Section 6.23 hereof ss.8.24 shall be credited, on the same Business Day on which the Agent determines that good collected funds have been received, and, prior to the receipt of good collected funds, on a provisional basis until final receipt of good collected funds, and applied as contemplated by Section 2C.1.2 hereofss.2.12.4, (b) all funds and cash proceeds in the form of a wire transfer received in the Fleet Concentration Account as contemplated by Section 6.23 hereof ss.8.24 shall be credited on the same Business Day as the Agent's receipt of such amounts (or on up to such later date as the Agent determines that good collected funds have been received), and transferred applied as contemplated by Section 2C.1.2 hereofss.2.12.4, and (c) all funds and cash proceeds in the form of an automated clearing house transfer received in the Fleet Concentration Account as contemplated by Section 6.23 hereof ss.8.24 shall be credited, on the next Business Day following the Agent's receipt of such amounts (or on up to such later date as the Agent determines that good collected funds have been received), and transferred applied as contemplated by Section 2C.1.2 hereofss.2.12.4. For purposes of the foregoing provisions of this Section 2C.1.1ss.2.12.3, the Agent shall not be deemed to have received any such funds or cash proceeds on any day unless received by the Agent before 2:30 p.m. (Boston time) on such day. Each of the The Domestic Borrowers further acknowledges acknowledge and agrees agree that any such provisional credits or credits in respect of wire or automatic clearing house funds transfers shall be subject to reversal if final collection in good funds of the related item is not received by, or final settlement of the funds transfer is not made in favor of, the Agent in accordance with the Agent's customary procedures and practices for collecting provisional items or receiving settlement of funds transfers.

Appears in 1 contract

Samples: Trust Agreement (Holmes Group Inc)

CREDIT FOR FUNDS RECEIVED IN CONCENTRATION ACCOUNT. Prior to the occurrence of an Event of Default as to which the account officers of the Agent active upon the Borrower's account have actual knowledge, (ai) All all funds and cash proceeds in the form of money, checks and like items received in the Fleet Concentration BKB Collection Account as contemplated by Section 6.23 hereof ss.7.14 shall be credited, on the same Business Day on which the Agent determines that good collected funds have been received, and, prior to the receipt of good collected funds, on a provisional basis until final receipt of good collected funds, and applied as contemplated by Section 2C.1.2 hereofss.2.10.2, (bii) all funds and cash proceeds in the form of a wire transfer received in the Fleet Concentration BKB Collection Account as contemplated by Section 6.23 hereof ss.7.14 shall be credited on the same Business Day as the Agent's receipt of such amounts (or on up to such later date as the Agent determines that good collected funds have been received), and transferred applied as contemplated by Section 2C.1.2 hereofss.2.10.2, and (ciii) all funds and cash proceeds in the form of an automated clearing house transfer received in the Fleet Concentration BKB Collection Account as contemplated by Section 6.23 hereof ss.7.14 shall be credited, on the next Business Day following the Agent's receipt of such amounts (or on up to such later date as the Agent determines that good collected funds have been received), and transferred applied as contemplated by Section 2C.1.2 hereofss.2.10.2. For purposes of the foregoing provisions of this Section 2C.1.1ss.2.10.1, the Agent shall not be deemed to have received any such funds or cash proceeds on any day unless received by the Agent before 2:30 p.m. (Boston time) on such day. Each of the Borrowers The Borrower further acknowledges and agrees that any such provisional credits or credits in respect of wire or automatic clearing house funds transfers shall be subject to reversal if final collection in good funds of the related item is not received by, or final settlement of the funds transfer is not made in favor of, the Agent in accordance with the Agent's customary procedures and practices for collecting provisional items or receiving settlement of funds transfers.

Appears in 1 contract

Samples: Revolving Credit Agreement (Outsource International Inc)

CREDIT FOR FUNDS RECEIVED IN CONCENTRATION ACCOUNT. Prior to -------------------------------------------------- the occurrence of an Event of Default as to which the account officers of the Administrative Agent active upon the Borrowers' account have actual knowledge, (a) All all funds and cash proceeds in the form of money, checks and like items received in the Fleet Concentration Account as contemplated by Section 6.23 hereof 8.13 shall be credited, on the same Business Day on which the Administrative Agent determines that good collected funds have been received, and, prior to the receipt of good collected funds, on a provisional basis until final receipt of good collected funds, and applied as contemplated by Section 2C.1.2 hereof2.11.2, (b) all funds and cash proceeds in the form of a wire transfer received in the Fleet Concentration Account as contemplated by Section 6.23 hereof 8.13 shall be credited on the same Business Day as the Administrative Agent's receipt of such amounts (or on up to such later date as the Administrative Agent determines that good collected funds have been received), and transferred applied as contemplated by Section 2C.1.2 hereof2.11.2, and (c) all funds and cash proceeds in the form of an automated clearing house transfer received in the Fleet Concentration Account as contemplated by Section 6.23 hereof 8.13 shall be credited, on the next Business Day following the Administrative Agent's receipt of such amounts (or on up to such later date as the Administrative Agent determines that good collected funds have been received), and transferred applied as contemplated by Section 2C.1.2 hereof2.11.2. For purposes of the foregoing provisions of this Section 2C.1.12.11.1, the Administrative Agent shall not be deemed to have received any such funds or cash proceeds on any day unless received by the Administrative Agent before 2:30 p.m. (Boston time) on such day. Each of the The Borrowers further acknowledges acknowledge and agrees agree that any such provisional credits or credits in respect of wire or automatic clearing house funds transfers shall be subject to reversal if final collection in good funds of the related item is not received by, or final settlement of the funds transfer is not made in favor of, the Administrative Agent in accordance with the Administrative Agent's customary procedures and practices for collecting provisional items or receiving settlement of funds transfers.

Appears in 1 contract

Samples: Revolving Credit Agreement (Us Xpress Enterprises Inc)

CREDIT FOR FUNDS RECEIVED IN CONCENTRATION ACCOUNT. (Prior to the occurrence of an Event of Default as to which the account officers of the Agent active upon the Borrowers' account have actual knowledge, (a) All all funds and cash proceeds in the form of money, checks and like items received in the Fleet Concentration Account as contemplated by Section 6.23 hereof 10.22 shall be credited, on the same Business Day on which the Agent determines that good collected funds have been received, and, prior to the receipt of good collected funds, on a provisional basis until final receipt of good collected funds, and applied as contemplated by Section 2C.1.2 hereof2.12.2, (b) all funds and cash proceeds in the form of a wire transfer received in the Fleet Concentration Account as contemplated by Section 6.23 hereof 10.22 shall be credited on the same Business Day as the Agent's receipt of such amounts (or on up to such later date as the Agent determines that good collected funds have been received), and transferred applied as contemplated by Section 2C.1.2 hereof2.12.2, and (c) all funds and cash proceeds in the form of an automated clearing house transfer received in the Fleet Concentration Account as contemplated by Section 6.23 hereof 10.22 shall be credited, on the next Business Day following the Agent's receipt of such amounts (or on up to such later date as the Agent determines that good collected funds have been received), and transferred applied as contemplated by Section 2C.1.2 hereof2.12.2. For purposes of the foregoing provisions of this Section 2C.1.12.12.1, the Agent shall not be deemed to have received any such funds or cash proceeds on any day unless received by the Agent before 2:30 p.m. (Boston time) on such day. Each of the Borrowers Revolver Borrower further acknowledges and agrees that any such provisional credits or credits in respect of wire or automatic clearing house funds transfers shall be subject to reversal if final collection in good funds of the related item is not received by, or final settlement of the funds transfer is not made in favor of, the Agent in accordance with the Agent's customary procedures and practices for collecting provisional items or receiving settlement of funds transfers.

Appears in 1 contract

Samples: Genrad Inc

CREDIT FOR FUNDS RECEIVED IN CONCENTRATION ACCOUNT. Prior to the occurrence of an Event of Default as to which the account officers of the Administrative Agent active upon the Borrower's account have actual knowledge, (ai) All all funds and cash proceeds in the form of money, checks and like items received in the Fleet Concentration Account as contemplated by Section 6.23 hereof shall be credited, on the same Business Day on which the Administrative Agent determines that good collected funds have been received, and, prior to the receipt of good collected funds, on a provisional basis until final receipt of good collected funds, and applied as contemplated by Section 2C.1.2 hereofss.2.10.2, (bii) all funds and cash proceeds in the form of a wire transfer received in the Fleet Concentration Account as contemplated by Section 6.23 hereof shall be credited on the same Business Day as the Administrative Agent's receipt of such amounts (or on up to such later date as the Administrative Agent determines that good collected funds have been received), and transferred applied as contemplated by Section 2C.1.2 hereofss.2.10.2, and (ciii) all funds and cash proceeds in the form of an automated clearing house transfer received in the Fleet Concentration Account as contemplated by Section 6.23 hereof shall be credited, on the next Business Day following the Administrative Agent's receipt of such amounts (or on up to such later date as the Administrative Agent determines that good collected funds have been received), and transferred applied as contemplated by Section 2C.1.2 hereofss.2.10.2. For purposes of the foregoing provisions of this Section 2C.1.1ss.2.10.1, the Administrative Agent shall not be deemed to have received any such funds or cash proceeds on any day unless received by the Administrative Agent before 2:30 p.m. (Boston New York time) on such day. Each of the Borrowers The Borrower further acknowledges and agrees that any such provisional credits or credits in respect of wire or automatic clearing house funds transfers shall be subject to reversal if final collection in good funds of the related item is not received by, or final settlement of the funds transfer is not made in favor of, the Administrative Agent in accordance with the Administrative Agent's customary procedures and practices for collecting provisional items or receiving settlement of funds transfers.

Appears in 1 contract

Samples: Credit and Term Loan Agreement (Hvide Marine Inc)

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