Common use of Distribution of Payments by the Agent Clause in Contracts

Distribution of Payments by the Agent. (a) The Agent shall promptly distribute to each Lender its ratable share of each payment received by the Agent under the Loan Documents for the account of the Lenders by credit to an account of such Lender at the Agent's Office or by wire transfer to an account of such Lender at an office of any other commercial bank located in the United States. (b) Unless the Agent shall have received notice from the Borrower prior to the date on which any payment is due to the Lenders under the Loan Documents that the Borrower will not make such payment in full, the Agent may assume that the Borrower has made such payment in full to the Agent on such date and the Agent in its sole discretion may, in reliance upon such assumption, cause to be distributed to each Lender on such due date a corresponding amount with respect to the amount then due to such Lender. If and to the extent the Borrower shall not have so made such payment in full to the Agent and the Agent shall have so distributed to any Lender a corresponding amount, such Lender shall, on demand, repay to the Agent the amount so distributed together with interest thereon, for each day from the date such amount is distributed to such Lender until the date such Lender repays such amount to the Agent, at the Federal Funds Rate until (and including) the third Business Day after demand is made and thereafter the applicable rate of interest provided in Section 1.03(a).

Appears in 2 contracts

Samples: Secured Credit Agreement (Frontier Airlines Inc /Co/), Secured Credit Agreement (Frontier Airlines Inc /Co/)

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Distribution of Payments by the Agent. (a) The Agent shall promptly distribute to each Lender Bank its ratable share of each payment received by the Agent under the Loan Documents for the account of the Lenders Banks by credit to an account of such Lender Bank at the Agent's Office or by wire transfer to an account of such Lender Bank at an office of any other commercial bank located in the United States. Each such distribution of any such payment shall be made on (i) the same day as such payment is received by the Agent, if such payment is received by the Agent by 1:00 p.m. (New York time) on any day, and (ii) the first Business Day after such payment is received by the Agent, if such payment is received by the Agent after 1:00 p.m. (New York time) on any day. If any such distribution of any such payment is not made by the Agent on the scheduled date, the Agent shall, on demand, pay interest thereon, for each day until paid, at the Federal Funds Rate. (b) Unless the Agent shall have received notice from the Borrower prior to the date on which any payment is due to the Lenders Banks under the Loan Documents that the Borrower will not make such payment in full, the Agent may assume that the Borrower has made such payment in full to the Agent on such date and the Agent in its sole discretion may, in reliance upon such assumption, cause to be distributed to each Lender Bank on such due date a corresponding amount with respect to the amount then due to such LenderBank. If and to the extent the Borrower shall not have so made such payment in full to the Agent and the Agent shall have so distributed to any Lender Bank a corresponding amount, such Lender Bank shall, on demand, repay to the Agent the amount so distributed together with interest thereon, at the Federal Funds Rate, for each day from the date such amount is distributed to such Lender Bank until the date such Lender Bank repays such amount to the Agent, at the Federal Funds Rate until (and including) the third Business Day after demand is made and thereafter the applicable rate of interest provided in Section 1.03(a).

Appears in 2 contracts

Samples: Secured Revolving/Term Credit Agreement (Resource Bancshares Mortgage Group Inc), Secured Revolving/Term Credit Agreement (Resource Bancshares Mortgage Group Inc)

Distribution of Payments by the Agent. (a) The On each Business Day, the Agent shall promptly distribute by 5:00 p.m. New York time to each Lender Bank its ratable share of each payment received by the Agent under the Loan Documents at or before 12:00 noon on such Business Day for the account of the Lenders Banks by credit to an the account as provided in the Administrative Details Reply Form provided to the Agent and as amended from time to time. If such payment is received after 12:00 noon, then the Agent shall distribute by 11:00 a.m. the following Business Day to each Bank its ratable share of such Lender at payment received by the Agent's Office or by wire transfer to an account of such Lender at an office of any other commercial bank located Agent under the Loan Documents in the United States. (b) manner set forth above. Unless the Agent shall have received notice from the Borrower prior to the date on which any payment is due to the Lenders Banks under the Loan Documents that the Borrower will not make such payment in full, the Agent may assume that the Borrower has made such payment in full to the Agent on such date and the Agent in its sole discretion may, in reliance upon such assumption, cause to be distributed to each Lender Bank on such due date a corresponding amount with respect to the amount then due to such LenderBank. If and to the extent the Borrower shall not have so made such payment in full to the Agent and the Agent shall have so distributed to any Lender Bank a corresponding amount, such Lender Bank shall, on demand, repay to the Agent the amount so distributed together with interest thereon, for each day from the date such amount is distributed to such Lender Bank until the date such Lender Bank repays such amount to the Agent, at the Federal Funds Rate until (and including) the third Business Day after demand is made and thereafter at the applicable rate of interest provided in Section 1.03(a)Prime Rate.

Appears in 1 contract

Samples: Credit Agreement (Lechters Inc)

Distribution of Payments by the Agent. (a) The Agent shall promptly distribute to each Lender Bank its ratable share of each payment received by the Agent under the Loan Documents for the account of the Lenders Banks by credit to an account of such Lender Bank at the Agent's ’s Office or by wire transfer to an account of such Lender Bank at an office of any other commercial bank located in the United States. (b) Unless the Agent shall have received notice from the Borrower prior to the date on which any payment is due to the Lenders Banks under the Loan Documents that the Borrower will not make such payment in full, the Agent may assume that the Borrower has made such payment in full to the Agent on such date and the Agent in its sole discretion may, in reliance upon such assumption, cause to be distributed to each Lender Bank on such due date a corresponding amount with respect to the amount then due to such LenderBank. If and to the extent the Borrower shall not have so made such payment in full to the Agent and the Agent shall have so distributed to any Lender Bank a corresponding amount, such Lender Bank shall, on demand, repay to the Agent the amount so distributed together with interest thereon, for each day from the date such amount is distributed to such Lender Bank until the date such Lender Bank repays such amount to the Agent, at the Federal Funds Rate until (and including) the third Business Day after demand is made and thereafter at the applicable rate Base Rate. Nothing in this Section 2.12 shall be deemed to limit the rights of interest provided the Agent or any Bank against the Borrower with respect to any such payment that has not been paid in Section 1.03(a)full by the Borrower.

Appears in 1 contract

Samples: Credit Agreement (Aes Eastern Energy Lp)

Distribution of Payments by the Agent. (a) The Agent shall promptly distribute to the Issuing Bank, the Swing Loan Lender and each Lender Bank its ratable share of each payment received by the Agent under the Loan Documents for the account of the Lenders Issuing Bank, the Swing Loan Lender and the Banks by credit to an account of the Issuing Bank, the Swing Loan Lender or such Lender Bank at the Agent's Office or by wire transfer to an account of the Issuing Bank, the Swing Loan Lender or such Lender Bank at an office of any other commercial bank located in the United States. (b) Unless the Agent shall have received notice from the Borrower applicable Loan Party prior to the date on which any payment is due to the Lenders Banks under the Loan Documents that the Borrower such Loan Party will not make such payment in full, the Agent may assume that the Borrower such Loan Party has made such payment in full to the Agent on such date and the Agent in its sole discretion may, in reliance upon such assumption, cause to be distributed to the Issuing Bank, the Swing Loan Lender and each Lender Bank on such due date a corresponding amount with respect to the amount then due to the Issuing Bank, the Swing Loan Lender and such LenderBank. If and to the extent the Borrower such Loan Party shall not have so made such payment in full to the Agent and the Agent shall have so distributed to the Issuing Bank, the Swing Loan Lender or any Lender Bank a corresponding amount, the Issuing Bank, the Swing Loan Lender or such Lender Bank shall, on demand, repay to the Agent the amount so distributed together with interest thereon, for each day from the date such amount is distributed to the Issuing Bank, the Swing Loan Lender or such Lender Bank until the date the Issuing Bank, the Swing Loan Lender or such Lender Bank repays such amount to the Agent, at the Federal Funds Rate until (and including) the third Business Day after demand is made and thereafter at the applicable rate of interest provided in Section 1.03(a)Base Rate.

Appears in 1 contract

Samples: Credit Agreement (Garden State Newspapers Inc)

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Distribution of Payments by the Agent. (a) The Agent shall promptly distribute to each Lender its ratable share of each payment received by the Agent under the Loan Credit Documents for the account of the Lenders by credit to an account of such Lender at with the Agent's Office Agent or by wire transfer to an account of such Lender at an office of any other commercial bank located in the United StatesStates (as directed by such Lender). If the Agent receives a payment by 12:00 noon (Washington, D.C. time) on a Business Day, it shall use reasonable efforts to make ratable distributions of such payment to the Lenders on the same Business Day. If the Agent receives a payment after 12:00 noon (Washington, D.C. time) on a Business Day, it shall use reasonable efforts to make ratable distributions of such payment to the Lenders on the next succeeding Business Day. (b) Unless the Agent shall have received receives notice from the Borrower Company prior to the date on which any payment is due to the Lenders under the Loan Credit Documents that the Borrower Company will not make such payment in full, the Agent may may, at its option, assume that the Borrower has Company made such payment in full to the Agent on such date date, and the Agent in its sole discretion may, in reliance upon such assumption, cause to be distributed to each Lender on such due date a corresponding amount with respect to the amount then due to such Lender. If and to the extent the Borrower Company shall not have so made make such payment in full to the Agent and the Agent shall have so has distributed to any Lender a corresponding amount, such Lender shall, on demand, repay to the Agent the amount so distributed together with interest thereon, for each day from the date such amount is distributed to such Lender until the date such Lender repays such amount to the Agent, at the Federal Funds Rate until (and including) the third Business Day after demand is made and thereafter the applicable rate of interest provided in Section 1.03(a).to

Appears in 1 contract

Samples: Credit Agreement (Allied Capital Lending Corp)

Distribution of Payments by the Agent. (a) The Agent shall promptly distribute to each Swing Loan Lender and each Bank its ratable share of each payment received by the Agent under the Loan Documents for the account of the Swing Loan Lenders and the Banks by credit to an account of such Swing Loan Lender or such Bank at the Agent's Office or by wire transfer to an account of such Swing Loan Lender or such Bank at an office of any other commercial bank located in the United States. (b) Unless the Agent shall have received notice from the applicable Borrower prior to the date on which any payment is due to a Swing Loan Lender or the Lenders Banks under the Loan Documents that the such Borrower will not make such payment in full, the Agent may assume that the such Borrower has made such payment in full to the Agent on such date and the Agent in its sole discretion may, in reliance upon such assumption, cause to be distributed to each Swing Loan Lender and each Bank on such due date a corresponding amount with respect to the amount then due to such LenderSwing Loan Lender and such Bank. If and to the extent the applicable Borrower shall not have so made such payment in full to the Agent and the Agent shall have so distributed to a Swing Loan Lender or any Lender Bank a corresponding amount, such Swing Loan Lender or such Bank shall, on demand, repay to the Agent the amount so distributed together with interest thereon, for each day from the date such amount is distributed to such Swing Loan Lender or such Bank until the date such Swing Loan Lender or such Bank repays such amount to the Agent, at the Federal Funds Rate until (and including) the third Business Day after demand is made and thereafter at the applicable rate of interest provided in Section 1.03(a)Base Rate plus 2%.

Appears in 1 contract

Samples: Credit Agreement (Eastern Utilities Associates)

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