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.)
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, without condition, deduction, 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 2:00 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 in all events retain the right to apply such payment in such manner as Agent, subject to the provisions hereof, may determine to be appropriate. 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 3.103.9. Any prepayment of Loans the Tranche A Revolver Loan shall be applied first to costs Base Rate Tranche A Revolver Loans and expenses then to LIBOR Tranche A Revolver Loans. Any prepayment of the Agent (including any Extraordinary Expenses), second Tranche A-1 Revolver Loan shall be applied first to Base Rate Tranche A-1 Revolver 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.LIBOR Tranche A-1
Appears in 2 contracts
Samples: Loan and Security Agreement (Bon Ton Stores Inc), Loan and Security Agreement (Bon Ton Stores Inc)
General Payment Provisions. All payments of Obligations shall be made in Dollars, 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) 12:00 noon on the due date therefordate. Any payment after such time shall be deemed made on the next Business Day. Borrower may, at the time of payment, specify to Lender the Obligations to which such payment is to be applied, but Lender shall in all events retain the right to apply such payment in such manner as Lender, subject to the provisions hereof, may determine to be appropriate. 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 3.103.9. Any prepayment of Loans shall be applied first to costs and expenses of the Agent (including any Extraordinary Expenses), second to Base Prime 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 . Lender shall be entitled (but shall not be obligated) to charge any account of Borrower with Lender for any sum due and payable by Borrower to Lender hereunder or Event of Default exists, prepayments of Term SOFR Loans may (other than in the case of Full Payment under any 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 5.12other Loan Documents.
Appears in 1 contract
Samples: Loan and Security Agreement (First Aviation Services Inc)
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 in Dollars, 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) 12:00 noon New York City time on the due date therefordate. Any payment after such time shall be deemed made on the next Business Day. Administrative Borrower, on behalf of Borrowers, may, at the time of payment, specify to Agent the Obligations to which such payment is to be applied, but Agent shall in all events retain the right to apply such payment in such manner as Agent, subject to the provisions hereof, may determine to be appropriate. 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 the LIBOR Loan Prepayment Fee and all amounts due under Section 3.103.9. Any Subject to Section 5.6.1, any payment or prepayment of Loans shall be applied to each Lender’s Loans on a Pro Rata basis. Subject to the immediately preceding sentence, 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 1 contract
Samples: Loan Agreement (M/a-Com Technology Solutions Holdings, 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 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
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, without offset, counterclaim or defense of any kind, and subject to Section 5.10, free of (and without deduction for) any Taxes, and in immediately available funds, not later than 1:00 2:00 p.m. (Local Time) on the due date therefordate. Any payment after such time time, at the election of Agent, shall be deemed made on the next Business Day. Administrative Borrower, on behalf of Borrowers, may, at the time of payment, specify to Agent the Obligations to which such payment is to be applied; provided, that if not specified, such amounts shall be applied to repay outstanding Loans without a corresponding Commitment reduction. 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 the LIBOR Loan Prepayment Fee and all amounts due under Section 3.103.9. Any Subject to Section 5.7.1, any payment or prepayment of Loans shall be applied to each Lender’s Loans on a Pro Rata basis. Subject to the immediately preceding sentence, 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 1 contract
General Payment Provisions. All payments of Obligations shall be made in Dollars, 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 2:00 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 in all events retain the right to apply such payment in such manner as Agent, subject to the provisions hereof, may determine to be appropriate. 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 3.103.9. Any prepayment of Loans the Tranche A Revolver Loan shall be applied first to costs Base Rate Tranche A Revolver Loans and expenses then to LIBOR Tranche A Revolver Loans. Any prepayment of the Agent (including any Extraordinary Expenses), second Tranche A-1 Revolver Loan shall be applied first to Base Rate Tranche A-1 Revolver Loans (and the Agent may, in its discretion, apply such prepayment to Swingline Loans before other Revolver Loans), and then to Term SOFR LIBOR Tranche A-1 Revolver 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