Funds for Payments. (a) All payments of principal, interest, commitment fees, closing fees and any other amounts due hereunder or under any of the other Loan Documents shall be made to Lender at a bank designated by Lender by certified check, wire transfer or other means approved by Lender, not later than 3:00 p.m. (Atlanta time) on the day when due, in each case in lawful money of the United States in immediately available funds. (b) All payments by Borrower hereunder and under any of the other Loan Documents shall be made without setoff or counterclaim and free and clear of and without deduction for any taxes, levies, imposts, duties, charges, fees, deductions, withholdings, compulsory loans, restrictions or conditions of any nature now or hereafter imposed or levied by any jurisdiction or any political subdivision thereof or taxing or other authority therein unless Borrower is compelled by law to make such deduction or withholding. If any such obligation is imposed upon Borrower with respect to any amount payable by it hereunder or under any of the other Loan Documents, Borrower will pay to Lender on the date on which such amount is due and payable hereunder or under such other Loan Document, such additional amount in Dollars as shall be necessary to enable Lender to receive the same net amount which Lender would have received on such due date had no such obligation been imposed upon Borrower. Borrower will deliver promptly to Lender certificates or other valid vouchers for all taxes or other charges deducted from or paid with respect to payments made by Borrower hereunder or under such other Loan Document.
Appears in 7 contracts
Samples: Mezzanine Loan Agreement (Preferred Apartment Communities Inc), Mezzanine Loan Agreement (Preferred Apartment Communities Inc), Mezzanine Loan Agreement (Preferred Apartment Communities Inc)
Funds for Payments. (a) All payments of principal, interest, commitment fees, closing fees and any other amounts due hereunder or under any of the other Loan Documents shall be made to Lender the Agent, for the respective accounts of the Lenders or (as the case may be) the Agent, at a bank designated by Lender by certified check, wire transfer or other means approved by Lender, not later than 3:00 p.m. (Atlanta time) on the day when dueAgent’s Head Office, in each case in lawful money of the United States Dollars and in immediately available funds. The Borrower shall make each payment of principal of and interest on the Term Loan and of fees hereunder not later than 12:00 p.m. (Cleveland, Ohio time) on the due date thereof.
(b) All payments by the Borrower hereunder and under any of the other Loan Documents shall be made without setoff or counterclaim and free and clear of and without deduction for any taxes, levies, imposts, duties, charges, fees, deductions, withholdings, compulsory loansliens, restrictions or conditions of any nature now or hereafter imposed or levied by any jurisdiction or any political subdivision thereof or taxing or other authority therein unless the Borrower is compelled by law to make such deduction or withholding. If the Borrower is compelled by law to make any such obligation is imposed upon Borrower deduction or withholding with respect to any amount payable by it hereunder or under any of the other Loan DocumentsDocuments (except with respect to taxes on the income or profits of the Agent or any Lender), the Borrower will shall pay to Lender the Agent, for the account of the Lenders or (as the case may be) the Agent, on the date on which such amount is due and payable hereunder or under such other Loan Document, such additional amount in Dollars as shall be necessary to enable Lender the Lenders to receive the same net amount which Lender the Lenders would have received on such due date had no such deduction or withholding obligation been imposed upon the Borrower. The Borrower will deliver promptly to Lender the Agent (with copies to the Agent for each Lender) certificates or other valid vouchers for all taxes or other charges deducted from or paid with respect to payments made by the Borrower hereunder or under such other Loan Document.
Appears in 4 contracts
Samples: Senior Secured Term Loan Agreement (First Potomac Realty Trust), Senior Secured Term Loan Agreement (First Potomac Realty Trust), Secured Term Loan Agreement (First Potomac Realty Trust)
Funds for Payments. (a) 4.4.1. All payments of principal, interest, commitment facility fees, Agent's fees, closing fees and any other amounts due hereunder or under any of the other Loan Documents shall be made to Lender the Agent, for the respective accounts of the Banks and the Agent, as the case may be, at a bank designated by Lender by certified check, wire transfer or other means approved by Lenderthe Agent's Head Office, not later than 3:00 p.m. (Atlanta Boston time) on the day when due, in each case in lawful money of the United States in immediately available funds. To the extent funds are available in such account, the Agent is hereby authorized to charge the account of the Borrower with BankBoston, on the dates when the amount thereof shall become due and payable, with the amounts of the principal of and interest on the Loans and all fees, charges, expenses and other amounts owing to the Agent and/or the Banks under the Loan Documents.
(b) 4.4.2. All payments by the Borrower hereunder and under any of the other Loan Documents shall be made without setoff or counterclaim and free and clear of and without deduction for any taxes, levies, imposts, duties, charges, fees, deductions, withholdings, compulsory loans, restrictions or conditions of any nature now or hereafter imposed or levied by any jurisdiction or any political subdivision thereof or taxing or other authority therein unless the Borrower is compelled by law to make such deduction or withholding. If any such obligation is imposed upon the Borrower with respect to any amount payable by it hereunder or under any of the other Loan Documents, the Borrower will pay to Lender the Agent, for the account of the Banks or (as the case may be) the Agent, on the date on which such amount is due and payable hereunder or under such other Loan Document, such additional amount in Dollars as shall be necessary to enable Lender the Banks or the Agent to receive the same net amount which Lender the Banks or the Agent would have received on such due date had no such obligation been imposed upon the Borrower. The Borrower will deliver promptly to Lender the Agent certificates or other valid vouchers for all taxes or other charges deducted from or paid with respect to payments made by the Borrower hereunder or under such other Loan Document.
Appears in 1 contract
Samples: Revolving Credit Agreement (Crescent Real Estate Equities Inc)
Funds for Payments. (a) All payments of principal, interest, commitment fees, closing fees and any other amounts due hereunder or under any of the other Loan Documents shall be made to Lender the Agent, for the respective accounts of the Lenders and the Agent, at a bank designated by Lender by certified checkits office at 100 Federal Street, wire transfer Boston, Massachusetts 02110, or at such other means approved by Lender, not later than 3:00 p.m. (Atlanta time) on the day when dueloxxxxxx xxxx xxx Xxxxx xxx xxxx xxxx xx xxxx xxxignate, in each case in lawful money of the United States in immediately available funds.
(b) All payments by the Borrower hereunder and under any of the other Loan Documents shall be made without setoff or counterclaim and free and clear of and without deduction for any taxes, levies, imposts, duties, charges, fees, deductions, withholdings, compulsory loans, restrictions or conditions of any nature now or hereafter imposed or levied by any jurisdiction or any political subdivision thereof or taxing or other authority therein unless the Borrower is compelled by law to make such deduction or withholding. If any such obligation is imposed upon the Borrower with respect to any amount payable by it hereunder or under any of the other Loan Documents, the Borrower will pay to Lender the Agent, for the account of the Lenders or (as the case may be) the Agent, on the date on which such amount is due and payable hereunder or under such other Loan Document, such additional amount in Dollars as shall be necessary to enable Lender the Lenders or the Agent to receive the same net amount which Lender the Lenders or the Agent would have received on such due date had no such obligation been imposed upon the Borrower. The Borrower will deliver promptly to Lender the Agent certificates or other valid vouchers for all taxes or other charges deducted from or paid with respect to payments made by the Borrower hereunder or under such other Loan Document.
Appears in 1 contract
Samples: Revolving Credit Agreement (Sunglass Hut International Inc)
Funds for Payments. (a) 5.1.1 All payments of principal, interest, commitment fees, closing fees and any other amounts due hereunder under the Notes or under any of the other Loan Documents shall be made to Lender Agent at a bank designated by Lender by certified checkAgent's Office, wire transfer or at such other means approved by Lenderlocation in the continental United States that Agent may from time to time designate, in each case not later than 3:00 2:00 p.m. (Atlanta time) on the day when due, due in each case immediately available funds in lawful money of the United States in immediately available fundsStates.
(b) 5.1.2 All payments by Borrower hereunder under the Notes and under any of the other Loan Documents shall be made without setoff or counterclaim and free and clear of and without deduction for any taxes, levies, imposts, duties, charges, fees, deductions, withholdings, compulsory loans, restrictions or conditions of any nature now or hereafter imposed or levied by any jurisdiction or any political subdivision thereof or taxing or other authority therein unless Borrower is compelled by law Law to make such deduction or withholding. If any such obligation to deduct or withhold is imposed upon Borrower with respect to any amount payable by it hereunder under the Notes or under any of the other Loan Documents, Borrower will pay to Lender Agent, on the date on which such amount is due and payable hereunder under the Notes or under such other Loan Document, such additional amount in Dollars as shall be necessary to enable Lender the Lenders to receive the same net amount which Lender the Lenders would have received on such due date had no such obligation been imposed upon Borrower, subject to the provisions of Sections 5.2 and 5.3 below. Borrower will deliver promptly to Lender Agent certificates or other valid vouchers for all taxes or other charges deducted from or paid with respect to payments made by Borrower hereunder under the Notes or under such other Loan Document.
Appears in 1 contract
Samples: Revolving Credit Construction Loan Agreement (Wci Communities Inc)
Funds for Payments. (a) a. All payments of principal, interest, commitment fees, closing fees Reimbursement Obligations and any other amounts due hereunder or under any of the other Loan Documents shall be made to Lender the Bank at a bank designated by Lender by certified check, wire transfer the Bank s Head Office or at such other means approved by Lender, not later than 3:00 p.m. (Atlanta time) on location that the day when dueBank may from time to time designate, in each case in lawful money of the United States in immediately available funds. The Borrowers shall enter into such arrangements as are necessary to permit the Bank to deduct such payments automatically from the Borrowers deposit accounts with the Bank.
(b) b. All payments by Borrower the Borrowers hereunder and under any of the other Loan Documents shall be made without setoff or counterclaim and free and clear of and without deduction for any taxes, levies, imposts, duties, charges, fees, deductions, withholdings, compulsory loans, restrictions or conditions of any nature now or hereafter imposed or levied by any jurisdiction or any political subdivision thereof or taxing or other authority therein unless Borrower is the Borrowers are compelled by law to make such deduction or withholding. If any such obligation is imposed upon Borrower the Borrowers with respect to any amount payable by it hereunder or under any of the other Loan Documents, Borrower the Borrowers will pay to Lender the Bank, on the date on which such amount is due and payable hereunder or under such other Loan Document, such additional amount in Dollars as shall be necessary to enable Lender the Bank to receive the same net amount which Lender that the Bank would have received on such due date had no such obligation been imposed upon Borrowerthe Borrowers. Borrower The Borrowers will deliver promptly to Lender the Bank certificates or other valid vouchers for all taxes or other charges deducted from or paid with respect to payments made by Borrower the Borrowers hereunder or under such other Loan Document.
Appears in 1 contract
Samples: Credit Agreement (Compudyne Corp)
Funds for Payments. (a1) All payments of principal, interest, commitment fees, closing fees and any other amounts due hereunder or under any of the other Loan Documents shall be made to the Lender at a bank designated by the Lender's Head Office at 000 Xxxxxxxx Xxxxxx, Xxxxxx, Xxxxxxxxxxxxx 00000, or at such other location in the Boston, Massachusetts area that the Lender by certified check, wire transfer or other means approved by Lender, not later than 3:00 p.m. (Atlanta time) on the day when duemay from time to time designate, in each case in lawful money of the United States in immediately available funds.
(b2) All payments by the Borrower hereunder and under any of the other Loan Documents shall be made without setoff or counterclaim and free and clear of and without deduction for any taxes, levies, imposts, duties, charges, fees, deductions, withholdings, compulsory loans, restrictions or conditions of any nature now or hereafter imposed or levied by any jurisdiction or any political subdivision thereof or taxing or other authority therein unless the Borrower is compelled by law to make such deduction or withholding. If any such obligation is imposed upon the Borrower with respect to any amount payable by it hereunder or under any of the other Loan Documents, the Borrower will pay to Lender the Lender, on the date on which such amount is due and payable hereunder or under such other Loan Document, such additional amount in Dollars as shall be necessary to enable the Lender to receive the same net amount which the Lender would have received on such due date had no such obligation been imposed upon the Borrower. The Borrower will deliver promptly to the Lender certificates or other valid vouchers for all taxes or other charges deducted from or paid with respect to payments made by the Borrower hereunder or under such other Loan Document.
Appears in 1 contract
Samples: Line of Credit Agreement (Toymax International Inc)
Funds for Payments. (a) All payments of principal, interest, commitment fees, closing fees and any other amounts due hereunder or under any of the other Loan Documents shall be made to the Lender at a bank designated by the Lender's head office at 000 Xxxxxxx Xxxxxx, Xxxxxx, Xxxxxxxxxxxxx 00000, or at such other location in the Boston, Massachusetts area that the Lender by certified check, wire transfer or other means approved by Lender, not later than 3:00 p.m. (Atlanta time) on the day when duemay from time to time designate, in each case in lawful money of the United States in immediately available funds.
(b) All payments by the Borrower hereunder and under any of the other Loan Documents shall be made without setoff or counterclaim and free and clear of and without deduction for any taxes, levies, imposts, duties, charges, fees, deductions, withholdings, compulsory loans, restrictions or conditions of any nature now or hereafter imposed or levied by any jurisdiction or any political subdivision thereof or taxing or other authority therein unless the Borrower is compelled by law to make such deduction or withholding. If any such obligation is imposed upon the Borrower with respect to any amount payable by it hereunder or under any of the other Loan Documents, the Borrower will pay to Lender the Lender, on the date on which such amount is due and payable hereunder or under such other Loan Document, such additional amount in Dollars dollars as shall be necessary to enable the Lender to receive the same net amount which the Lender would have received on such due date had no such obligation been imposed upon the Borrower. The Borrower will deliver promptly to the Lender certificates or other valid vouchers for all taxes or other charges deducted from or paid with respect to payments made by the Borrower hereunder or under such other Loan Document.
Appears in 1 contract
Funds for Payments. (a) All payments of principal, interest, commitment fees, closing facility fees and any other amounts due hereunder or under any of the other Loan Documents shall be made to Lender the Bank at a bank designated by Lender by certified check, wire transfer or other means approved by Lender, not later than 3:00 p.m. (Atlanta time) on the day when dueBank's Head Office, in each case in lawful money of the United States in immediately available funds.
(b) All payments by the Borrower hereunder and under any of the other Loan Documents shall be made without setoff or counterclaim and free and clear of and without deduction for any taxes, levies, imposts, duties, charges, fees, deductions, withholdings, compulsory loans, restrictions or conditions of any nature now or hereafter imposed or levied by any jurisdiction or any political subdivision thereof or taxing or other authority therein unless the Borrower is compelled by law to make such deduction or withholding. If any such obligation is imposed upon the Borrower with respect to any amount payable by it hereunder or under any of the other Loan Documents, the Borrower will pay to Lender the Bank on the date on which such amount is due and payable hereunder or under such other Loan Document, such additional amount in Dollars as shall be necessary to enable Lender the Bank to receive the same net amount which Lender the Bank would have received on such due date had no such obligation been imposed upon the Borrower. The Borrower will deliver promptly to Lender the Bank certificates or other valid vouchers for all taxes or other charges deducted from or paid with respect to payments made by the Borrower hereunder or under such other Loan Document.
Appears in 1 contract
Funds for Payments. (a) All payments of principal, interest, commitment fees, closing fees and any other amounts due hereunder or under any of the other Loan Documents shall be made to Lender the Agent, for the respective accounts of the Lenders or (as the case may be) the Agent, at a bank designated by Lender by certified check, wire transfer or other means approved by Lender, not later than 3:00 p.m. (Atlanta time) on the day when dueAgent's Head Office, in each case in lawful money of the United States Dollars and in immediately available funds.
(b) All payments by Borrower the Borrowers hereunder and under any of the other Loan Documents shall be made without setoff or counterclaim and free and clear of and without deduction for any taxes, levies, imposts, duties, charges, fees, deductions, withholdings, compulsory loansliens, restrictions or conditions of any nature now or hereafter imposed or levied by any jurisdiction or any political subdivision thereof or taxing or other authority therein unless Borrower is the Borrowers are compelled by law to make such deduction or withholding. If any such obligation is imposed upon Borrower the Borrowers with respect to any amount payable by it them hereunder or under any of the other Loan Documents, Borrower will the Borrowers shall pay to Lender the Agent, for the account of the Lenders or (as the case may be) the Agent, on the date on which such amount is due and payable hereunder or under such other Loan Document, such additional amount in Dollars as shall be necessary to enable Lender the Lenders to receive the same net amount which Lender the Lenders would have received on such due date had no such obligation been imposed upon Borrowerthe Borrowers. The Borrower Representative will deliver promptly to Lender the Agent certificates or other valid vouchers for all taxes or other charges deducted from or paid with respect to payments made by Borrower the Borrowers hereunder or under such other Loan Document.
Appears in 1 contract
Samples: Revolving Credit Agreement (Cali Realty Corp /New/)