Common use of General Payment Provisions Clause in Contracts

General Payment Provisions. All payments of Obligations shall be made without offset, counterclaim or defense of any kind, and in immediately available funds, not later than 1:00 p.m. (Local Time) on the due date therefor. Any payment after such time shall be deemed made on the next Business Day. If any payment under the Loan Documents shall be stated to be due on a day other than a Business Day, the due date shall be extended to the next Business Day and such extension of time shall be included in any computation of interest and fees. Any payment of a Term SOFR Loan prior to the end of its Interest Period shall be accompanied by all amounts due under Section 3.10. Any prepayment of Loans shall be applied first to costs and expenses of the Agent (including any Extraordinary Expenses), second to Base Rate Loans (and the Agent may, in its discretion, apply such prepayment to Swingline Loans before other Revolver Loans), and then to Term SOFR Loans; provided, however, that as long as no Default or Event of Default exists, prepayments of Term SOFR Loans may (other than in the case of Full Payment of the Obligations), at the option of Borrowers and the Agent, be held by the Agent as Cash Collateral and applied to such Loans at the end of their Interest Periods (in which case no compensation under Section 3.10 shall be payable with respect to such prepayment, but interest shall continue to accrue on the outstanding principal of such Loans until payment thereon). All payments with respect to any Obligations shall be made in Dollars. Any payment made contrary to the requirements of the preceding sentence shall be subject to the terms of Section 5.12.

Appears in 2 contracts

Samples: Abl Credit Agreement (Target Hospitality Corp.), Abl Credit Agreement (Target Hospitality Corp.)

AutoNDA by SimpleDocs

General Payment Provisions. All payments of Obligations shall be made without offset, counterclaim or defense of any kind, and in immediately available funds, not later than 1:00 p.m. (Local Time) on the due date therefordate. Any payment after such time shall be deemed made on the next Business Day. If any payment under the Loan Documents shall be stated to be due on a day other than a Business Day, the due date shall be extended to the next Business Day and such extension of time shall be included in any computation of interest and fees. Any payment of a Term SOFR an Interest Period Loan prior to the end of its Interest Period shall be accompanied by all amounts due under Section 3.103.9. Any prepayment of Loans by a Borrower shall be applied first to costs and expenses of the Agent (including any Extraordinary Expenses)) relating to such Borrower, second to Base Floating Rate Loans (and the Agent may, in its discretion, apply such prepayment to Swingline Loans before other Revolver Loans)) of such Borrower, and then to Term SOFR LoansInterest Period Loans of such Borrower; provided, however, that as long as no Default or Event of Default exists, prepayments of Term SOFR Interest Period Loans may (other than in the case of Full Payment of the Obligations), at the option of Borrowers and the Agentapplicable Borrower, be held by the Agent as Cash Collateral and applied to such Loans at the end of their Interest Periods (in which case no compensation under Section 3.10 3.9 hereof shall be payable with respect to such prepayment, but interest shall continue to accrue on the outstanding principal of such Loans until payment thereon). All payments with respect to any Obligations Obligation shall be made in Dollarsthe currency of the underlying Obligation. Any payment made contrary to the requirements of the preceding sentence shall be subject to the terms of Section 5.125.11.

Appears in 2 contracts

Samples: Abl Credit Agreement (WillScot Mobile Mini Holdings Corp.), Abl Credit Agreement (WillScot Mobile Mini Holdings Corp.)

General Payment Provisions. All payments of Obligations shall be made without offset, counterclaim or defense of any kind, (other than for Taxes, as to which Section 5.8 applies), and in immediately available funds, not later than 1:00 p.m. (Local Time) on the due date therefordate. Any payment after such time shall be deemed made on the next Business Day. If any payment under the Loan Documents shall be stated to be due on a day other than a Business Day, the due date shall be extended to the next Business Day and such extension of time shall be included in any computation of interest and fees. Any payment of a Term SOFR an LIBOR Loan prior to the end of its Interest Period shall be accompanied by all amounts due under Section 3.10. Any prepayment of Loans made by a Borrower Group shall be applied first to costs and expenses of the Agent and Security Trustees (including any Extraordinary Expenses)) relating to such Borrower Group, second to Base Rate Loans (and the Agent may, in its discretion, apply such prepayment to Swingline Loans before other Revolver Loans)) of such Borrower Group, and then to Term SOFR LoansLIBOR Loans of such Borrower Group; provided, however, that as long as no Default or Event of Default exists, prepayments of Term SOFR LIBOR Loans may (other than in the case of Full Payment of the Obligations)may, at the option of Borrowers of the applicable Borrower Group and the Agent, be held by the Agent as Cash Collateral and applied to such Loans at the end of their Interest Periods (in which case no compensation under Section 3.10 hereof shall be payable with respect to such prepayment, but interest shall continue to accrue on the outstanding principal of such Loans until payment thereon). All payments with respect to any U.S. Facility Obligations shall be made in DollarsDollars and all payments with respect to any other Obligation shall be made in the currency of the underlying Obligation. Any payment made contrary to the requirements of the preceding sentence shall be subject to the terms of Section 5.125.11.

Appears in 2 contracts

Samples: Loan, Security and Guarantee Agreement (Kraton Performance Polymers, Inc.), Loan, Security and Guarantee Agreement (Kraton Performance Polymers, Inc.)

General Payment Provisions. All payments of Obligations shall be made in Dollars, without offset, counterclaim or defense of any kind, subject to the provisions of Section 5.9, free of (and without deduction for) any Indemnified Taxes and Other Taxes, and in immediately available funds, not later than 1:00 p.m. (Local Time) 12:00 noon on the due date therefordate. Any payment after such time shall be deemed made on the next Business Day. Borrowers may, at the time of payment, specify to Agent the Obligations to which such payment is to be applied, but Agent shall, so long as an Event of Default has occurred and is continuing, and whether or not an Event of Default has occurred and is continuing in the case of payments of interest accrued on the Loans and payments of fees with respect to Letters of Credit payable under Section 3.2.3 when due, retain the right to apply such payment in such manner as Agent, subject to the provisions hereof, may determine to be appropriate consistent with the requirements of, or otherwise to ensure compliance with the terms and provisions of, this Agreement. If the Borrowers fail to designate which type of Loans are to be repaid with any payment, the payment shall be applied first to the General Revolver Loans and then to the Distribution Revolver Loans. If any payment under the Loan Credit Documents shall be stated to be due on a day other than a Business Day, the due date shall be extended to the next Business Day and such extension of time shall be included in any computation of interest and fees. Any payment of a Term SOFR LIBOR Loan prior to the end of its Interest Period shall be accompanied by all amounts due under Section 3.103.9. Any prepayment of Loans shall be applied first to costs and expenses of the Agent (including any Extraordinary Expenses), second to Base Rate Loans (and the Agent may, in its discretion, apply such prepayment to Swingline Loans before other Revolver Loans), and then to Term SOFR LIBOR Loans; provided, however, that as long as no Default or Event of Default exists, prepayments of Term SOFR Loans may (other than in the case of Full Payment of the Obligations), at the option of Borrowers and the Agent, be held by the Agent as Cash Collateral and applied to such Loans at the end of their Interest Periods (in which case no compensation under Section 3.10 shall be payable with respect to such prepayment, but interest shall continue to accrue on the outstanding principal of such Loans until payment thereon). All payments with respect to any Obligations shall be made in Dollars. Any payment made contrary to the requirements of the preceding sentence shall be subject to the terms of Section 5.12.

Appears in 2 contracts

Samples: Credit Agreement, Credit Agreement (Calumet Specialty Products Partners, L.P.)

General Payment Provisions. All payments of Obligations shall be made in Dollars (except as may be otherwise provided in this Agreement), without offset, counterclaim or defense of any kind, subject to the provisions of Section 5.8 and in immediately available funds, not later than 1:00 3:00 p.m. (Local Time) on the due date therefordate. Any payment after such time shall be deemed made on the next Business Day. Borrowers may, at the time of payment, specify to Agent the Obligations to which such payment is to be applied, but Agent shall, so long as an Event of Default has occurred and is continuing, and whether or not an Event of Default has occurred and is continuing in the case of payments of interest accrued on the Loans and payments of fees with respect to Letters of Credit payable under Section 3.2.2 when due, retain the right to apply such payment in such manner as Agent, subject to the provisions hereof, may determine to be appropriate consistent with the requirements of, or otherwise to ensure compliance with the terms and provisions of, this Agreement. If Borrowers fail to designate which type of Loans are to be repaid with any payment, the ​ ​ AMERICAS/2024146412.5 ​ payment shall be applied first to the General Revolver Loans and then to the Distribution Revolver Loans. If any payment under the Loan Credit Documents shall be stated to be due on a day other than a Business Day, the due date shall be extended to the next Business Day and such extension of time shall be included in any computation of interest and fees. Any payment of a Term SOFR Loan prior to the end of its Interest Period shall be accompanied by all amounts due under Section 3.10. Any prepayment of Loans shall be applied first to costs and expenses of the Agent (including any Extraordinary Expenses), second to Base Rate Loans (and the Agent may, in its discretion, apply such prepayment to Swingline Loans before other Revolver Loans), and then to Term Daily SOFR Loans; provided, however, that as long as no Default or Event of Default exists, prepayments of Term SOFR Loans may (other than in the case of Full Payment of the Obligations), at the option of Borrowers and the Agent, be held by the Agent as Cash Collateral and applied to such Loans at the end of their Interest Periods (in which case no compensation under Section 3.10 shall be payable with respect to such prepayment, but interest shall continue to accrue on the outstanding principal of such Loans until payment thereon). All payments with respect to any Obligations shall be made in Dollars. Any payment made contrary to the requirements of the preceding sentence shall be subject to the terms of Section 5.12.

Appears in 1 contract

Samples: Credit Agreement (Calumet Specialty Products Partners, L.P.)

General Payment Provisions. All payments of Obligations shall be made in Dollars (except as may be otherwise provided in this Agreement), without offset, counterclaim or defense of any kind, subject to the provisions of Section 5.8 and in immediately available funds, not later than 1:00 3:00 p.m. (Local Time) on the due date therefordate. Any payment after such time shall be deemed made on the next Business Day. Borrowers may, at the time of payment, specify to Agent the Obligations to which such payment is to be applied, but Agent shall, so long as an Event of Default has occurred and is continuing, and whether or not an Event of Default has occurred and is continuing in the case of payments of interest accrued on the Loans and payments of fees with respect to Letters of Credit payable under Section 3.2.2 when due, retain the right to apply such payment in such manner as Agent, subject to the provisions hereof, may determine to be appropriate consistent with the requirements of, or otherwise to ensure compliance with the terms and provisions of, this Agreement. If Borrowers fail to designate which type of Loans are to be repaid with any payment, the payment shall be applied first to the General Revolver Loans and then to the Distribution Revolver Loans. If any payment under the Loan Credit Documents shall be stated to be due on a day other than a Business Day, the due date shall be extended to the next Business Day and such extension of time shall be included in any computation of interest and fees. Any payment of a Term SOFR LIBOR Loan prior to the end of its Interest Period shall be accompanied by all amounts due under Section 3.103.8. Any prepayment of Loans shall be applied first to costs and expenses of the Agent (including any Extraordinary Expenses), second to Base Rate Loans (and the Agent may, in its discretion, apply such prepayment to Swingline Loans before other Revolver Loans), and then to Term LIBORDaily SOFR Loans; provided, however, that as long as no Default or Event of Default exists, prepayments of Term SOFR Loans may (other than in the case of Full Payment of the Obligations), at the option of Borrowers and the Agent, be held by the Agent as Cash Collateral and applied to such Loans at the end of their Interest Periods (in which case no compensation under Section 3.10 shall be payable with respect to such prepayment, but interest shall continue to accrue on the outstanding principal of such Loans until payment thereon). All payments with respect to any Obligations shall be made in Dollars. Any payment made contrary to the requirements of the preceding sentence shall be subject to the terms of Section 5.12.

Appears in 1 contract

Samples: Credit Agreement (Calumet Specialty Products Partners, L.P.)

General Payment Provisions. All payments of Obligations shall be made without offset, counterclaim or defense of any kind, and in immediately available funds, not later than 1:00 p.m. (Local Time) on the due date therefordate. Any payment after such time shall be deemed made on the next Business Day. If any payment under the Loan Documents shall be stated to be due on a day other than a Business Day, the due date shall be extended to the next Business Day and such extension of time shall be included in any computation of interest and fees. Any payment of a Term SOFR an Interest Period Loan prior to the end of its Interest Period shall be accompanied by all amounts due under Section 3.10. Any prepayment of Loans to a Borrower Group shall be applied first to costs and expenses of the Agent (including any Extraordinary Expenses)) relating to such Borrower Group, second to Base Floating Rate Loans (and the Agent may, in its discretion, apply such prepayment to Swingline Loans before other Revolver Loans)) of such Borrower Group, and then to Term SOFR LoansInterest Period Loans of such Borrower Group; provided, however, that as long as no Default or Event of Default exists, prepayments of Term SOFR Interest Period Loans may (other than in the case of Full Payment of the Obligations), at the option of Borrowers of the applicable Borrower Group and the Agent, be held by the Agent as Cash Collateral and applied to such Loans at the end of their Interest Periods (in which case no compensation under Section 3.10 hereof shall be payable with respect to such prepayment, but interest shall continue to accrue on the outstanding principal of such Loans until payment thereon). All payments with respect to any U.S. Facility Obligations shall be made in DollarsDollars and all payments with respect to any other Obligation shall be made in the currency of the underlying Obligation. Any payment made contrary to the requirements of the preceding sentence shall be subject to the terms of Section 5.12.

Appears in 1 contract

Samples: Abl Credit Agreement (WillScot Corp)

General Payment Provisions. All payments of Obligations shall be made without offset, counterclaim or defense of any kind, free of (and without deduction for) any Taxes, and in immediately available funds, not later than 1:00 p.m. (Local Time) on the due date therefordate. Any payment after such time shall be deemed made on the next Business Day. If any payment under the Loan Documents shall be stated to be due on a day other than a Business Day, the due date shall be extended to the next Business Day and such extension of time shall be included in any computation of interest and fees. Any payment of a Term SOFR an Interest Period Loan prior to the end of its Interest Period shall be accompanied by all amounts due under Section 3.10. Any prepayment of Loans made by a Borrower Group shall be applied first to costs and expenses of the Agent and Security Trustees (including any Extraordinary Expenses)) relating to such Borrower Group, second to Base Floating Rate Loans (and the Agent may, in its discretion, apply such prepayment to Swingline Loans before other Revolver Loans)) of such Borrower Group, and then to Term SOFR LoansInterest Period Loans of such Borrower Group; provided, however, that as long as no Default or Event of Default exists, prepayments of Term SOFR Interest Period Loans may (other than in the case of Full Payment of the Obligations)may, at the option of Borrowers of the applicable Borrower Group and the Agent, be held by the Agent as Cash Collateral and applied to such Loans at the end of their Interest Periods (in which case no compensation under Section 3.10 hereof shall be payable with respect to such prepayment, but interest shall continue to accrue on the outstanding principal of such Loans until payment thereon). All payments with respect to any U.S. Facility Obligations shall be made in DollarsDollars (other than under Sections 2.5.2(a) and 3.2.5(b)) and all payments with respect to any other Obligation shall be made in the currency of the underlying Obligation. Any payment made contrary to the requirements of the preceding sentence shall be subject to the terms of Section 5.125.11.

Appears in 1 contract

Samples: Loan, Security and Guarantee Agreement (Edgen Group Inc.)

General Payment Provisions. (a) All payments of Obligations (other than Secured Bank Product Obligations) shall be made in Dollars, without offset, counterclaim or defense of any kind, free and clear of (and without deduction for) any Taxes, and in immediately available funds, not later than 1:00 p.m. (Local Time) 12:00 noon on the due date therefordate. Any payment after such time shall be deemed made on the next Business Day. If any payment under the Loan Documents shall be stated to be due on a day other than a Business Day, the due date shall be extended to the next Business Day and such extension of time shall be included in any computation of interest and fees. Any payment of a Term SOFR Loan prior to the end of its Interest Period shall be accompanied by all amounts due under Section 3.103.9. Any Borrowers agree that Agent shall have the continuing, exclusive right to apply and reapply payments and proceeds of Collateral against the Obligations, in such manner as Agent deems advisable, but whenever possible, any prepayment of Revolver Loans shall be applied first to costs and expenses of the Agent (including any Extraordinary Expenses), second to Base Rate Loans (and the Agent may, in its discretion, apply such prepayment to Swingline Loans before other Revolver Loans), and then to Term SOFR Loans; provided, however, that as long as no Default or Event of Default exists, prepayments of Term SOFR Loans may . If any payment (other than payments on Term SOFR Loans) under any Loan Document shall be due on a day that is not a Business Day, the date for payment shall be extended to the next succeeding Business Day. If any payment on a Term SOFR Loan becomes due and payable on a day other than a Business Day, the maturity thereof shall be extended to the next succeeding Business Day unless the result of such extension would be to extend such payment into another calendar month, in which event such payment shall be made on the immediately preceding Business Day. In the case of Full Payment any payment of principal pursuant to the Obligations)preceding two sentences, at the option of Borrowers and the Agent, be held by the Agent as Cash Collateral and applied to such Loans at the end of their Interest Periods (in which case no compensation under Section 3.10 interest thereon shall be payable with respect to such prepayment, but interest shall continue to accrue on at the outstanding principal then applicable rate for the period of such Loans until payment thereon). All payments with respect to any Obligations shall be made in Dollars. Any payment made contrary to the requirements of the preceding sentence shall be subject to the terms of Section 5.12extension.

Appears in 1 contract

Samples: Loan, Guaranty and Security Agreement (Proterra Inc)

General Payment Provisions. All payments of US Obligations (other than Secured Bank Product Obligations) shall be made in Sterling, Euros or Dollars and payments of UK Obligations shall be made in Sterling, Euros or Dollars, in each case, in accordance with Section 1.5.1 and as otherwise specified herein and without offset, counterclaim or defense of any kind, free and clear of (and without deduction for) any Taxes, and in immediately available funds, not later than 1:00 p.m. 12:00 noon (Local TimeApplicable Time Zone) on the due date therefordate. Any payment after such time shall be deemed made on the next Business Day. If any payment under the Loan Documents shall be stated to be due on a day other than a Business Day, the due date shall be extended to the next Business Day and such extension of time shall be included in any computation of interest and fees. Any payment of a Term SOFR an Interest Period Loan prior to the end of its Interest Period shall be accompanied by all amounts due under Section 3.103.9. Any US Borrowers and UK Borrowers, as applicable, agree that Agent shall have the continuing, exclusive right to apply and reapply payments and proceeds of the Collateral against the US Obligations or UK Obligations, as applicable, in such manner as Agent deems advisable, but whenever possible, any prepayment of Revolver Loans shall be applied first to costs and expenses of the Agent (including any Extraordinary Expenses), second to Base Floating Rate Loans (and the Agent may, in its discretion, apply such prepayment to Swingline Loans before other Revolver Loans), and then to Term SOFR Interest Period Loans; provided, however, that as long as no Default or Event of Default exists, prepayments of Term SOFR Loans may . If any payment (other than payments on Interest Period Loans) under any Loan Document shall be due on a day that is not a Business Day, the date for payment shall be extended to the next succeeding Business Day. If any payment on Interest Period Loans becomes due and payable on a day other than a Business Day, the maturity thereof shall be extended to the next succeeding Business Day unless the result of such extension would be to extend such payment into another calendar month, in which event such payment shall be made on the immediately preceding Business Day. In the case of Full Payment any payment of principal pursuant to the Obligations)preceding two sentences, at the option of Borrowers and the Agent, be held by the Agent as Cash Collateral and applied to such Loans at the end of their Interest Periods (in which case no compensation under Section 3.10 interest thereon shall be payable with respect to such prepayment, but interest shall continue to accrue on at the outstanding principal then applicable rate for the period of such Loans until payment thereon). All payments with respect to any Obligations shall be made in Dollars. Any payment made contrary to the requirements of the preceding sentence shall be subject to the terms of Section 5.12extension.

Appears in 1 contract

Samples: Loan and Security Agreement (Innerworkings Inc)

AutoNDA by SimpleDocs

General Payment Provisions. All payments of Obligations shall be made without offset, counterclaim or defense of any kind, and in immediately available funds, not later than 1:00 p.m. (Local Time) on the due date therefor. Any payment after such time shall be deemed made on the next Business Day. If any payment under the Loan Documents shall be stated to be due on a day other than a Business Day, the due date shall be extended to the next Business Day and such extension of time shall be included in any computation of interest and fees. Any payment of a Term SOFR LIBOR Loan prior to the end of its Interest Period shall be accompanied by all amounts due under Section 3.10. Any prepayment of Loans shall be applied first to costs and expenses of the Agent (including any Extraordinary Expenses), second to Base Rate Loans (and the Agent may, in its discretion, apply such prepayment to Swingline Loans before other Revolver Loans), and then to Term SOFR LIBOR Loans; provided, however, that as long as no Default or Event of Default exists, prepayments of Term SOFR LIBOR Loans may (other than in the case of Full Payment of the Obligations), at the option of Borrowers and the Agent, be held by the Agent as Cash Collateral and applied to such Loans at the end of their Interest Periods (in which case no compensation under Section 3.10 shall be payable with respect to such prepayment, but interest shall continue to accrue on the outstanding principal of such Loans until payment thereon). All payments with respect to any Obligations shall be made in Dollars. Any payment made contrary to the requirements of the preceding sentence shall be subject to the terms of Section 5.12.

Appears in 1 contract

Samples: Abl Credit Agreement (Target Hospitality Corp.)

General Payment Provisions. All payments of Obligations shall be made without offset, counterclaim or defense of any kind, and in immediately available funds, not later than 1:00 p.m. (Local Time) on the due date therefordate. Any payment after such time shall be deemed made on the next Business Day. If any payment under the Loan Documents shall be stated to be due on a day other than a Business Day, the due date shall be extended to the next Business Day and such extension 142 of time shall be included in any computation of interest and fees. Any payment of a Term SOFR an Interest Period Loan prior to the end of its Interest Period shall be accompanied by all amounts due under Section 3.103.9. Any prepayment of Loans by a Borrower shall be applied first to costs and expenses of the Agent (including any Extraordinary Expenses)) relating to such Borrower, second to Base Floating Rate Loans (and the Agent may, in its discretion, apply such prepayment to Swingline Loans before other Revolver Loans)) of such Borrower, and then to Term SOFR LoansInterest Period Loans of such Borrower; provided, however, that as long as no Default or Event of Default exists, prepayments of Term SOFR Interest Period Loans may (other than in the case of Full Payment of the Obligations), at the option of Borrowers and the Agentapplicable Borrower, be held by the Agent as Cash Collateral and applied to such Loans at the end of their Interest Periods (in which case no compensation under Section 3.10 3.9 hereof shall be payable with respect to such prepayment, but interest shall continue to accrue on the outstanding principal of such Loans until payment thereon). All payments with respect to any Obligations Obligation shall be made in Dollarsthe currency of the underlying Obligation. Any payment made contrary to the requirements of the preceding sentence shall be subject to the terms of Section 5.125.11.

Appears in 1 contract

Samples: Abl Credit Agreement (WillScot Mobile Mini Holdings Corp.)

General Payment Provisions. All payments of Obligations shall be made without offset, counterclaim or defense of any kind, free of (and without deduction for) any Taxes, and in immediately available funds, not later than 1:00 p.m. (Local Time) on the due date therefordate. Any payment after such time shall be deemed made on the next Business Day. If any payment under the Loan Documents shall be stated to be due on a day other than a Business Day, the due date shall be extended to the next Business Day and such extension of time shall be included in any computation of interest and fees. Any payment of a Term SOFR Eurodollar Rate Loan prior to the end of its Interest Period shall be accompanied by all amounts due under Section 3.103.05. Any prepayment of Loans made by a Borrower shall be applied first to costs and expenses of the Administrative Agent and any security trustees (including any Extraordinary Expenses)) relating to such Borrower, second to Base Rate Loans (and the Administrative Agent may, in its discretion, apply such prepayment to Swingline Loans before other Revolver Revolving Loans)) of such Borrower, and then to Term SOFR LoansEurodollar Rate Loans of such Borrower; provided, however, that as long as no Default or Event of Default exists, prepayments of Term SOFR Eurodollar Rate Loans may (other than in the case of Full Payment of the Obligations)may, at the option of Borrowers such Borrower and the Administrative Agent, be held by the Administrative Agent as Cash Collateral and applied to such Loans at the end of their Interest Periods (in which case no compensation under Section 3.10 3.05 hereof shall be payable with respect to such prepayment, but interest shall continue to accrue on the outstanding principal of such Loans until payment thereon). All payments with respect to any Revolving Obligations shall be made in Dollars. Any payment Dollars and all payments with respect to any other Obligation shall be made contrary to in the requirements currency of the preceding sentence shall be subject to the terms of Section 5.12underlying Obligation.

Appears in 1 contract

Samples: Credit Agreement (Armstrong Flooring, Inc.)

General Payment Provisions. All payments of Obligations shall be made without offset, counterclaim or defense of any kind, and in immediately available funds, not later than 1:00 p.m. (Local Time) on the due date therefordate. Any payment after such time shall be deemed made on the next Business Day. If any payment under the Loan Documents shall be stated to be due on a day other than a Business Day, the due date shall be extended to the next Business Day and such extension of time shall be included in any computation of interest and fees. Any payment of a Term SOFR an Interest Period Loan prior to the end of its Interest Period shall be accompanied by all amounts due under Section 3.10. Any prepayment of Loans to a Borrower Group shall be applied first to costs and expenses of the Agent and Security Trustees (including any Extraordinary Expenses)) relating to such Borrower Group, second to Base Floating Rate Loans (and the Agent may, in its discretion, apply such prepayment to Swingline Loans before other Revolver Loans)) of such Borrower Group, and then to Term SOFR LoansInterest Period Loans of such Borrower Group; provided, however, that as long as no Default or Event of Default exists, prepayments of Term SOFR Interest Period Loans may (other than in the case of Full Payment of the Obligations)may, at the option of Borrowers of the applicable Borrower Group and the Agent, be held by the Agent as Cash Collateral and applied to such Loans at the end of their Interest Periods (in which case no compensation under Section 3.10 hereof shall be payable with respect to such prepayment, but interest shall continue to accrue on the outstanding principal of such Loans until payment thereon). All payments with respect to any U.S. Facility Obligations shall be made in DollarsDollars (other than under Sections 2.9.2(a) and 3.2.9(b)) and all payments with respect to any other Obligation shall be made in the currency of the underlying Obligation. Any payment made contrary to the requirements of the preceding sentence shall be subject to the terms of Section 5.125.11.

Appears in 1 contract

Samples: Loan, Security and Guarantee Agreement (MRC Global Inc.)

General Payment Provisions. All payments of Obligations shall be made without offset, counterclaim or defense of any kind, and in immediately available funds, not later than 1:00 p.m. (Local Time) on the due date therefordate. Any payment after such time shall be deemed made on the next Business Day. If any payment under the Loan Documents shall be stated to be due on a day other than a Business Day, the due date shall be extended to the next Business Day 230 and such extension of time shall be included in any computation of interest and fees. Any payment of a Term SOFR an Interest Period Loan prior to the end of its Interest Period shall be accompanied by all amounts due under Section 3.10. Any prepayment of Loans to a Borrower Group shall be applied first to costs and expenses of the Agent and Security Trustees (including any Extraordinary Expenses)) relating to such Borrower Group, second to Base Floating Rate Loans (and the Agent may, in its discretion, apply such prepayment to Swingline Loans before other Revolver Loans)) of such Borrower Group, and then to Term SOFR LoansInterest Period Loans of such Borrower Group; provided, however, that as long as no Default or Event of Default exists, prepayments of Term SOFR Interest Period Loans may (other than in the case of Full Payment of the Obligations)may, at the option of Borrowers of the applicable Borrower Group and the Agent, be held by the Agent as Cash Collateral and applied to such Loans at the end of their Interest Periods (in which case no compensation under Section 3.10 hereof shall be payable with respect to such prepayment, but interest shall continue to accrue on the outstanding principal of such Loans until payment thereon). All payments with respect to any U.S. Facility Obligations shall be made in Dollars (other than under Sections 2.10.2(a) and 3.2.10(b) with respect to U.S. Letters of Credit denominated in currencies other than Dollars) and all payments with respect to any other Obligation shall be made in the currency of the underlying Obligation. Any payment made contrary to the requirements of the preceding sentence shall be subject to the terms of Section 5.125.11.

Appears in 1 contract

Samples: Intercreditor Agreement (MRC Global Inc.)

General Payment Provisions. All payments of Obligations shall be made without offset, counterclaim or defense of any kind, and in immediately available funds, not later than 1:00 p.m. (Local Time) on the due date therefordate. Any payment after such time shall be deemed made on the next Business Day. If any payment under the Loan Documents shall be stated to be due on a day other than a Business Day, the due date shall be extended to the next Business Day and such extension of time shall be included in any computation of interest and fees. Any payment of a Term SOFR an Interest Period Loan prior to the end of its Interest Period shall be accompanied by all amounts due under Section 3.103.9. Any prepayment of Loans by a Borrower shall be applied first to costs and expenses of the Agent (including any Extraordinary Expenses)) relating to such Borrower, second to Base Floating Rate Loans (and the Agent may, in its discretion, apply such prepayment to Swingline Loans before other Revolver Loans)) of such Borrower, and then to Term SOFR LoansInterest Period Loans of such Borrower; provided, however, that as long as no Default or Event of Default exists, prepayments of Term SOFR Interest Period Loans may (other than in the case of Full Payment of the Obligations), at the option of Borrowers and the Agentapplicable Borrower, be held by the Agent as Cash Collateral and applied to such Loans at the end of their Interest Periods (in which case no compensation under Section 3.10 3.9 hereof shall be payable with respect to such prepayment, but interest shall continue to accrue on the outstanding principal of such Loans until payment thereon). All payments with respect to any Obligations Obligation shall be made in Dollarsthe currency of the underlying Obligation. Any payment made contrary to the requirements of the preceding sentence shall be subject to the terms of Section 5.12.5.11. 155

Appears in 1 contract

Samples: Abl Credit Agreement (WillScot Mobile Mini Holdings Corp.)

Time is Money Join Law Insider Premium to draft better contracts faster.