Common use of Currency, Time and Place of Payment; Overdue Payments Clause in Contracts

Currency, Time and Place of Payment; Overdue Payments. Buyer shall make all payments required to be made by it under the Agreement in immediately available U.S. Dollars, without any discount or deduction whatsoever, by wire transfer to such account at such bank as may be designated by Seller from time to time. Payments in respect of Oil sold and delivered shall be made within thirty (30) Days of the date of the xxxx of lading therefor (xxxx of lading date excluded) specified in the Particular Conditions of Sale. All other payments to Seller shall be made five (5) Days after presentation by Seller of a written demand setting forth the provisions of the Agreement giving rise to the payment obligation, the nature of such obligation, and the amount thereof. If any payment hereunder is due on a Day which is not a Banking Day, such payment shall be due on the immediately preceding Banking Day. In the event that Buyer fails to make any payment when due, then, to the extent permitted by applicable law and without prejudice to the application of any other provision hereof or to any other remedy provided to Seller under the Agreement or otherwise (including, without limitation, Articles 10.4 and 10.5 ), interest shall accrue daily on the amount of the overdue payment, commencing on the date such payment was due, at a rate per annum equal to three percent (3%) above the prime rate in effect from time to time as announced by Citibank, N.A. at its principal office in New York, New York, United States; it being understood and agreed that each change in the prime rate shall take effect on the Day on which such change is announced by Citibank, N.A. Interest shall be computed for the actual number of Days elapsed on the basis of a year consisting of three hundred sixty (360) Days, payable on demand.

Appears in 1 contract

Samples: Crude Oil Sales Agreement (NuStar Energy L.P.)

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Currency, Time and Place of Payment; Overdue Payments. Buyer shall make all payments required to be made by it under the this Agreement in immediately available U.S. Dollars, without any discount or deduction whatsoever, by wire transfer to such account at such bank as may be designated by Seller from time to time. Payments in respect of Oil sold and delivered shall be made within thirty (30) Days of after the date of the xxxx of lading therefor (xxxx of lading date excluded) specified in the Particular Conditions of Sale). All other payments to Seller shall be made five fifteen (515) Days after presentation by Seller of a written demand setting forth the provisions of the this Agreement giving rise to the payment obligation, the nature of such obligation, and the amount thereof. If any payment hereunder is due on a Day which is not a Banking Day, such payment shall be due on the immediately preceding following Banking Day. In the event that Buyer fails to make any payment when due, then, to the extent permitted by applicable law and without prejudice to the application of any other provision hereof or to any other remedy provided to Seller under the this Agreement or otherwise (including, without limitation, Articles 10.4 8.4 and 10.5 8.5), interest shall accrue daily on the amount of the overdue payment, commencing on the date such payment was due, at a rate per annum equal to three one percent (31%) above the prime rate in effect from time to time as announced by Citibank, N.A. at its principal office in New York, New York, United States; it being understood and agreed that each change in the prime rate shall take effect on the Day on which such change is announced by Citibank, N.A. Interest shall be computed for the actual number of Days elapsed on the basis of a year consisting of three hundred sixty (360) Days, payable on demand.

Appears in 1 contract

Samples: Crude Oil Sales Agreement (NuStar Energy L.P.)

Currency, Time and Place of Payment; Overdue Payments. Buyer shall make all payments required to be made by it under the Agreement hereunder in immediately available U.S. Dollars, without any discount or deduction whatsoever, by wire transfer to such account at such bank as may be designated by Seller from time to time. Payments in respect of Oil sold and delivered shall be made within no later than thirty (30) Days of after the date of the xxxx of lading therefor (xxxx of lading date excluded) specified in the Particular Conditions of Sale). All other payments to Seller shall be made five thirty (530) Days after presentation by Seller of a written demand setting forth the provisions of the Agreement giving rise to the payment obligation, the nature of such obligation, and the amount thereof. If any payment hereunder is due on a Day which is not a Banking Day, such payment shall be due on the immediately preceding Banking Day. In the event that Buyer fails to make any payment when due, then, to the extent permitted by applicable law and without prejudice to the application of any other provision hereof or to any other remedy provided to Seller under the Agreement hereunder or otherwise (including, without limitation, Articles 10.4 7.3 and 10.5 7.4), interest shall accrue daily on the amount of the overdue payment, commencing on the date such payment was due, at a rate per annum equal to three two percent (32%) above the prime rate in effect from time to time as announced by Citibank, N.A. at its principal office in New York, New York, United States; it being understood and agreed that each change in the prime rate shall take effect on the Day on which such change is announced by Citibank, N.A. Interest shall be computed for the actual number of Days elapsed on the basis of a year consisting of three hundred sixty (360) Days, payable on demand.

Appears in 1 contract

Samples: Crude Oil Sales Agreement (Lyondell Chemical Co)

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Currency, Time and Place of Payment; Overdue Payments. Buyer shall make all payments required to be made by it under the Agreement hereunder in immediately available U.S. Dollars, without any discount or deduction whatsoever, by wire transfer to such bank account at such a bank branch located within the United States of America as may be designated by Seller from time to time. Payments in respect of Oil Maya sold and delivered shall be made within on or before the later of the Day which is thirty (30) Days of after the date of the xxxx of lading therefor (xxxx or the Day which is five Business Days after delivery to Buyer of lading date excluded) specified the corresponding invoice pursuant to Article 11.6. Except as otherwise expressly provided in the Particular Conditions of Sale. All Agreement, all other payments to Seller shall be made five within thirty (530) Days after presentation by Seller of a written demand setting forth the provisions of the Agreement giving rise to the payment obligation, the nature of such obligation, and the amount thereof. If any payment hereunder is would be due on a Day Day, other than a Sunday or Monday, which is not a Banking Business Day, such payment shall be due on the immediately preceding Banking Business Day, and if any payment hereunder would be due on a Sunday or Monday which is not a Business Day, such payment shall be due on the immediately succeeding Business Day. In the event that Buyer fails to make any payment under the Agreement when due, then, to the extent permitted by applicable law and without prejudice to the application of any other provision hereof or to any other remedy provided to Seller under the Agreement hereunder or otherwise (including, without limitation, remedies provided pursuant to Articles 10.4 11.4 and 10.5 11.5), interest shall accrue daily on the amount of the overdue payment, commencing on the date such payment was due, at a rate per annum equal to three two percent (32%) above the prime rate in effect from time to time as announced by Citibank, N.A. at its principal office offices in New York, New York, United States; it being understood and agreed that each change in the prime rate shall take effect on the Day on which such change is announced by Citibank, N.A. Interest shall be computed for the actual number of Days elapsed on the basis of a year consisting of three hundred sixty (360) Days, payable on demand.

Appears in 1 contract

Samples: Oil Sales Agreement (Neches River Holding Corp)

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