Common use of General Provisions Regarding Payments Clause in Contracts

General Provisions Regarding Payments. (a) All payments by Company of principal, interest, fees and other Obligations shall be made in Dollars in same day funds, without defense, setoff or counterclaim, free of any restriction or condition, and delivered to Administrative Agent not later than 12:00 p.m. (New York City time) on the date due at the Principal Office designated by Administrative Agent for the account of Lenders; for purposes of computing interest and fees, funds received by Administrative Agent after that time on such due date shall be deemed to have been paid by Company on the next succeeding Business Day.

Appears in 12 contracts

Samples: Credit and Guaranty Agreement (J Crew Group Inc), First Lien Credit and Guaranty Agreement (Telvent Git S A), Credit Agreement (Covanta Holding Corp)

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General Provisions Regarding Payments. (a) All payments by Company of principal, interest, fees and other Obligations shall be made in Dollars in same day funds, without defense, setoff or counterclaim, free of any restriction or condition, and delivered to Administrative Agent not later than 12:00 p.m. (New York City time) on the date due at the Administrative Agent's Principal Office designated by Administrative Agent for the account of Lenders; for purposes of computing interest and fees, funds received by Administrative Agent after that time on such due date shall be deemed to have been paid by Company on the next succeeding Business Day.

Appears in 9 contracts

Samples: Credit and Guaranty Agreement (Nextlink Communications Inc /De/), Credit and Guaranty Agreement (Carters Imagination Inc), Credit and Guaranty Agreement (Ipc Acquisition Corp)

General Provisions Regarding Payments. (a) All payments by Company of principal, interest, fees and other Obligations shall be made in Dollars in same day funds, without defense, setoff or counterclaim, free of any restriction or condition, and delivered to Administrative Agent not later than 12:00 p.m. (New York City time) on the date due at the Administrative Agent's Principal Office designated by Administrative Agent for the account of Lenders; for purposes of computing interest and fees, funds received by Administrative Agent after that time on such due date shall be deemed to have been paid by Company on the next succeeding Business Day.

Appears in 9 contracts

Samples: Credit and Guaranty Agreement (Tekoil & Gas Corp), Credit and Guaranty Agreement (Sanmina-Sci Corp), Credit and Guaranty Agreement (Berry Plastics Corp)

General Provisions Regarding Payments. (a) All payments by Company of principal, interest, fees and other Obligations shall be made in Dollars in same day funds, without defense, setoff or counterclaim, free of any restriction or condition, and delivered to Administrative Agent not later than 12:00 1:00 p.m. (New York City time) on the date due at the Administrative Agent's Principal Office designated by Administrative Agent for the account of Lenders; for purposes of computing interest and fees, funds received by Administrative Agent after that time on such due date shall be deemed to have been paid by Company on the next succeeding Business Day.

Appears in 4 contracts

Samples: Credit and Guaranty Agreement (Hm Publishing Corp), Credit and Guaranty Agreement (Veterinary Centers of America Inc), Credit and Guaranty Agreement (Vca Antech Inc)

General Provisions Regarding Payments. (a) All payments by Company of principal, interest, fees and other Obligations shall be made in Dollars in same day funds, without defense, setoff or counterclaim, free of any restriction or condition, and delivered to Administrative Agent not later than 12:00 p.m. (New York City time) on the date due at the Administrative Agent’s Principal Office designated by Administrative Agent for the account of Lenders; for purposes of computing interest and fees, funds received by Administrative Agent after that time on such due date shall be deemed to have been paid by Company on the next succeeding Business Day.

Appears in 4 contracts

Samples: Credit and Guaranty Agreement (Xo Communications Inc), Credit and Guaranty Agreement (Kraton Polymers LLC), Credit and Guaranty Agreement (Kraton Polymers LLC)

General Provisions Regarding Payments. (a) All payments by Company of principal, interest, fees and other Obligations shall be made in Dollars in same day funds, without defense, setoff or counterclaim, free of any restriction or condition, and delivered to Administrative Agent not later than 12:00 p.m. (New York City time) on the date due at the Administrative Agent’s Principal Office designated by Administrative Agent for the account of Lenders; for purposes of computing interest and fees, funds received by Administrative Agent after that time on such due date shall be deemed to have been paid by Company on the next succeeding Business Day.

Appears in 3 contracts

Samples: Credit and Guaranty Agreement (Dura Automotive Systems Inc), Credit and Guaranty Agreement (Dura Automotive Systems Inc), Guaranty Agreement (Dura Automotive Systems Inc)

General Provisions Regarding Payments. (a) All payments by Company the Borrower of principal, interest, fees and other Obligations shall be made in Dollars in same day immediately available funds, without defense, setoff or counterclaim, free of any restriction or condition, and delivered to the Administrative Agent not later than 12:00 p.m. (New York City time) on the date due at the Administrative Agent’s Principal Office designated by Administrative Agent for the account of the Lenders; for purposes of computing interest and feesprovided, that funds received by the Administrative Agent after that time on such due date shall be deemed to have been paid by Company the Borrower on the next succeeding Business Day.

Appears in 3 contracts

Samples: Counterpart Agreement (REV Group, Inc.), Counterpart Agreement (REV Group, Inc.), Intercreditor Agreement (REV Group, Inc.)

General Provisions Regarding Payments. (a) All payments by Company of principal, interest, fees and other Obligations shall be made in Dollars in same day funds, without defense, setoff or counterclaim, free of any restriction or condition, and delivered to Administrative Agent not later than 12:00 p.m. (New York City time) on the date due at the Administrative Agent’s Principal Office designated by Administrative Agent for the account of Lenders; for purposes of computing interest and fees, funds received by Administrative Agent after that time on such due date shall be deemed to have been paid by Company on the next succeeding Business Day.

Appears in 3 contracts

Samples: Credit and Guaranty Agreement (American Reprographics CO), Credit and Guaranty Agreement (Sanmina-Sci Corp), Credit and Guaranty Agreement (Foothills Resources Inc)

General Provisions Regarding Payments. (a) All payments by Company Borrower of principal, interest, fees and other Obligations shall be made in Dollars in same day funds, without defense, setoff or counterclaim, free of any restriction or condition, and delivered to Administrative Agent not later than 12:00 p.m. Noon (New York City time) on the date due at the Administrative Agent's Principal Office designated by Administrative Agent for the account of Lenders; for purposes of computing interest and fees, funds received by Administrative Agent after that time on such due date shall be deemed to have been paid by Company Borrower on the next succeeding Business Day.

Appears in 3 contracts

Samples: Credit Agreement (Allegiance Telecom Inc), Credit Agreement (Allegiance Telecom Inc), Credit and Guaranty Agreement (Allegiance Telecom Inc)

General Provisions Regarding Payments. (a) All payments by Company the Issuer of principal, interest, fees and other Obligations shall be made in Dollars in same day funds, without defensewithout, setoff recoupment, setoff, counterclaim or counterclaim, other defense free of any restriction or condition, and delivered to the Administrative Agent Agent’s Account not later than 12:00 p.m. (New York City time) on the date due at to the Principal Office designated by Administrative Agent Agent’s Account for the account of LendersHolders; for purposes of computing interest and fees, funds received by the Administrative Agent after that time on such due date shall may be deemed to have been paid by Company the Issuer on the next succeeding Business Day.

Appears in 3 contracts

Samples: Note Purchase Agreement (Energy & Exploration Partners, Inc.), Note Purchase Agreement (Energy & Exploration Partners, Inc.), Note Purchase Agreement (Energy & Exploration Partners, Inc.)

General Provisions Regarding Payments. (a) All payments by Company Borrower of principal, interest, fees and other Obligations shall be made in Dollars in same day funds, without defense, setoff set-off or counterclaim, free of any restriction or condition, and delivered to Administrative Agent not later than 12:00 2:00 p.m. (New York City time) on the date due at the Principal Office designated by Administrative Agent for the account of Lenders; for purposes of computing interest and fees, funds received by Administrative Agent after that time on such due date shall shall, at the option of the Administrative Agent, be deemed to have been paid by Company Borrower on the next succeeding Business Day.

Appears in 3 contracts

Samples: Credit and Guaranty Agreement (Sculptor Capital Management, Inc.), Credit and Guaranty Agreement (Och-Ziff Capital Management Group LLC), Credit and Guaranty Agreement (Och-Ziff Capital Management Group LLC)

General Provisions Regarding Payments. (a) All payments by Company Borrowers of principal, interest, fees and other Obligations shall be made in Dollars in same day funds, without defensewithout, setoff recoupment, setoff, counterclaim or counterclaim, other defense free of any restriction or condition, and delivered to Administrative Agent not later than 12:00 p.m. (New York City time) on the date due at the Principal Office designated by the Administrative Agent for the account of Lenders; for purposes of computing interest and fees, funds received by Administrative Agent after that time on such due date shall be deemed to have been paid by Company Borrowers on the next succeeding Business Day.

Appears in 3 contracts

Samples: Collateral Agreement (Cit Group Inc), Lease Agreement (Cit Group Inc), Credit and Guaranty Agreement (Cit Group Inc)

General Provisions Regarding Payments. (a) All Except as otherwise provided in Section 2.20, all payments by Company each Borrower of principal, interest, fees and other Obligations shall be made in Dollars in same day funds, without defense, setoff or counterclaim, free of any restriction or condition, and delivered to Administrative Agent not later than 12:00 p.m. (New York City time) on the date due at the Administrative Agent’s Principal Office designated by Administrative Agent for the account of LendersBanks; for purposes of computing interest and fees, funds received by Administrative Agent after that time on such due date shall be deemed to have been paid by Company such Borrower on the next succeeding Business Day.

Appears in 3 contracts

Samples: Credit and Guaranty Agreement (Xerium Technologies Inc), Credit and Guaranty Agreement (Xerium Technologies Inc), Credit and Guaranty Agreement (Xerium Technologies Inc)

General Provisions Regarding Payments. (a) All payments by Company of principal, interest, fees and other Obligations shall be made in Dollars in same day funds, without defense, setoff or counterclaim, free of any restriction or condition, and delivered to Administrative Agent not later than 12:00 1:00 p.m. (New York City time) on the date due at the Principal Office designated by the Administrative Agent for the account of Lenders; for purposes of computing interest and fees, funds received by Administrative Agent after that time on such due date shall be deemed to have been paid by Company on the next succeeding Business Day.

Appears in 3 contracts

Samples: Credit and Guaranty Agreement (Vca Antech Inc), Credit and Guaranty Agreement (Vca Antech Inc), Credit and Guaranty Agreement (Vca Antech Inc)

General Provisions Regarding Payments. (a) All payments by Company of principal, interest, fees and other Obligations shall be made in Dollars in same day funds, without defense, setoff or counterclaim, free of any restriction or condition, and delivered to Administrative Agent not later than 12:00 p.m. noon (New York City time) on the date due at the Principal Office designated by Administrative Agent for the account of Lenders; for purposes of computing interest and fees, funds received by Administrative Agent after that time on such due date shall be deemed to have been paid by Company on the next succeeding Business Day.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (DynCorp International Inc), Credit and Guaranty Agreement (Services International LLC)

General Provisions Regarding Payments. (a) All payments by Company Borrower of principal, interest, fees and other Obligations shall be made in Dollars in same day funds, without defense, setoff or counterclaim, free of any restriction or condition, and delivered to Administrative Agent not later than 12:00 1:00 p.m. (New York City time) on the date due at the Administrative Agent’s Principal Office designated by Administrative Agent for the account of Lenders; for purposes of computing interest and fees, funds received by Administrative Agent after that time on such due date shall be deemed to have been paid by Company Borrower on the next succeeding Business Day.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Paramount Acquisition Corp), Credit and Guaranty Agreement (Paramount Acquisition Corp)

General Provisions Regarding Payments. (a) All payments by the Company of principal, interest, fees and other Term Loan Obligations shall be made in Dollars in same day funds, without defense, setoff or counterclaim, free of any restriction or condition, and delivered to the Administrative Agent not later than 12:00 1:00 p.m. (New York City time) on the date due at the Administrative Agent's Principal Office designated by Administrative Agent for the account of Lenders; for purposes of computing interest and fees, funds . Funds received by the Administrative Agent after that time on such due date shall be deemed to have been paid by the Company on the next succeeding Business Day.

Appears in 2 contracts

Samples: Credit Agreement (Calpine Corp), Credit and Guaranty Agreement (Tesoro Petroleum Co Inc)

General Provisions Regarding Payments. (a) All payments by Company of principal, interest, fees and other Obligations shall be made in Dollars in same day funds, without defense, setoff or counterclaim, free of any restriction or condition, and delivered to Administrative Agent not later than 12:00 p.m. (New York City time) on the date due at the Administrative Agent's Principal Office designated by Administrative Agent for the account of Lenders; for purposes of computing interest and fees, funds received by Administrative Agent after that time on such due date shall be deemed to have been paid by Company Company, as applicable, on the next succeeding Business Day.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Focal Communications Corp), Credit and Guaranty Agreement (Focal Communications Corp)

General Provisions Regarding Payments. (a) All payments by Company of principal, interest, fees and other Obligations shall be made in Dollars in same day funds, without defense, recoupment, setoff or counterclaim, free of any restriction or condition, and delivered to Administrative Agent not later than 12:00 p.m. (New York City time) on the date due at the Administrative Agent's Principal Office designated by Administrative Agent for the account of Lenders; for purposes of computing interest and fees, funds received by Administrative Agent after that time on such due date shall be deemed to have been paid by Company on the next succeeding Business Day.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Taleo Corp), Credit and Guaranty Agreement (Taleo Corp)

General Provisions Regarding Payments. (a) All payments by Company Borrower of principal, interest, fees and other Obligations shall be made in Dollars in same day funds, without defense, setoff or counterclaim, free of any restriction or condition, and delivered to Administrative Agent not later than 12:00 p.m. noon (New York City time) on the date due at the Principal Office designated by Administrative Agent for the account of Lenders; for purposes of computing interest and fees, funds received by Administrative Agent after that time on such due date shall be deemed to have been paid by Company Borrower on the next succeeding Business Day.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Aeroflex Inc), Credit and Guaranty Agreement (Aeroflex Inc)

General Provisions Regarding Payments. (a) All payments by the Company of principal, interest, fees and other Obligations shall be made in Dollars in same day funds, without defense, setoff or counterclaim, free of any restriction or condition, and delivered to Administrative Agent not later than 12:00 p.m. (New York City time) on the date due at the Administrative Agent’s Principal Office designated by Administrative Agent for the account of Lenders; for purposes of computing interest and fees, funds received by Administrative Agent after that time on such due date shall be deemed to have been paid by the Company on the next succeeding Business Day.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Sanmina-Sci Corp), Credit and Guaranty Agreement (Bell Powersports, Inc.)

General Provisions Regarding Payments. (a) All payments by Company Borrower of principal, interest, fees and other Obligations shall be made in Dollars in same day funds, without defense, setoff or counterclaim, free of any restriction or condition, and delivered to Administrative Agent not later than 12:00 p.m. (New York City time) on the date due at the Principal Office designated by Administrative Agent for the account of Lenders; for purposes of computing interest and fees, funds received by Administrative Agent after that time on such due date shall be deemed to have been paid by Company Borrower on the next succeeding Business Day.

Appears in 2 contracts

Samples: Counterpart Agreement (Arizona Chemical Ltd.), Second Lien Credit and Guaranty Agreement (Arizona Chemical Ltd.)

General Provisions Regarding Payments. (a) All payments by Company Borrowers of principal, interest, fees and other Obligations shall be made in Dollars in same day funds, without defense, setoff or counterclaim, free of any restriction or condition, and delivered to Administrative Agent not later than 12:00 p.m. (New York City time) on the date due at the Administrative Agent’s Principal Office designated by Administrative Agent for the account of Lenders; for purposes of computing interest and fees, funds received by Administrative Agent after that time on such due date shall be deemed to have been paid by Company Borrowers on the next succeeding Business Day.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Prommis Solutions Holding Corp.), Credit and Guaranty Agreement (Prommis Solutions Holding Corp.)

General Provisions Regarding Payments. (a) All payments by Company Account Party of principal, interest, fees and other Obligations shall be made in Dollars in same day funds, without defense, setoff or counterclaim, free of any restriction or condition, and delivered to Administrative Agent not later than 12:00 1:00 p.m. (New York City time) on the date due at the Principal Office designated by Administrative Agent for the account of Lenders; for purposes of computing interest and fees, funds received by Administrative Agent after that time on such due date shall be deemed to have been paid by Company Account Party on the next succeeding Business Day.

Appears in 1 contract

Samples: Letter of Credit Facility Agreement (Education Management Corporation)

General Provisions Regarding Payments. (a) All payments by Company of principal, interest, fees and other Obligations shall be made in Dollars in same day funds, without defense, setoff or counterclaim, free of any restriction or condition, and delivered to Administrative Agent not later than 12:00 p.m. noon (New York City time) on the date due at the Administrative Agent's Principal Office designated by Administrative Agent for the account of Lenders; for purposes of computing interest and fees, funds received by Administrative Agent after that time on such due date shall be deemed to have been paid by Company on the next succeeding Business Day.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Amscan Holdings Inc)

General Provisions Regarding Payments. (a) All payments by Company Borrower of principal, interest, fees and other Obligations shall be made in Dollars in same day funds, without defense, setoff or counterclaim, free of any restriction or condition, and delivered to Administrative Agent not later than 12:00 p.m. (New York City time) on the date due at the Administrative Agent’s Principal Office designated by Administrative Agent for the account of Lenders; for purposes of computing interest and fees, funds received by Administrative Agent after that time on such due date shall be deemed to have been paid by Company Borrower on the next succeeding Business Day.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Visteon Corp)

General Provisions Regarding Payments. (a) All payments by Company Borrower of principal, interest, fees and other Credit Agreement Obligations shall be made in Dollars in same day funds, without defense, setoff or counterclaim, free of any restriction or condition, and delivered to Administrative Agent not later than 12:00 p.m. noon (New York City time) on the date due at the Principal Office designated by Administrative Agent for the account of Lenders; for purposes of computing interest and fees, funds received by Administrative Agent after that time on such due date shall be deemed to have been paid by Company Borrower on the next succeeding Business Day.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (NewPage CORP)

General Provisions Regarding Payments. (a) All payments by Company of principal, interest, fees and other Senior Obligations shall be made in Dollars in same day funds, without defense, setoff or counterclaim, free of any restriction or condition, and delivered to Administrative Agent not later than 12:00 p.m. (New York City time) on the date due at the Administrative Agent's Principal Office designated by Administrative Agent for the account of Lenders; for purposes of computing interest and fees, funds received by Administrative Agent after that time on such due date shall be deemed to have been paid by Company Company, as applicable, on the next succeeding Business Day.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Focal Communications Corp)

General Provisions Regarding Payments. (a) All payments by the Company of principal, interest, fees and other Obligations shall be made in Dollars in same day funds, without defense, setoff or counterclaim, free of any restriction or condition, and delivered to Administrative Agent not later than 12:00 p.m. (New York City time) on the date due at the Administrative Agent's Principal Office designated by Administrative Agent for the account of Lenders; for purposes of computing interest and fees, funds received by Administrative Agent after that time on such due date shall be deemed to have been paid by the Company on the next succeeding Business Day.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (American Achievement Corp)

General Provisions Regarding Payments. (a) All payments by Company the Borrower of principal, interest, fees and other Obligations shall be made in Dollars in same day funds, without without, recoupment, setoff, counterclaim or other defense, setoff or counterclaim, free of any restriction or condition, and delivered to Administrative Agent not later than 12:00 3:00 p.m. (New York City time) on the date due at the Principal Office designated by to Administrative Agent Agent’s Account for the account of Lenders; for purposes of computing interest and fees, funds received by Administrative Agent after that time on such due date shall be deemed to have been paid by Company the Borrower on the next succeeding Business Day.

Appears in 1 contract

Samples: Senior Secured Credit Agreement (U.S. Well Services, Inc.)

General Provisions Regarding Payments. (a) All payments by Company of principal, interest, fees and other Obligations shall be made in Dollars in same day funds, without defense, recoupment, setoff or counterclaim, free of any restriction or condition, and delivered paid to Administrative Agent not later than 12:00 p.m. (New York City time) on the date due at the Principal Office designated by Administrative Agent Agent's Account for the account of Lenders; for purposes of computing interest and fees, funds received by Administrative Agent after that time on such due date shall be deemed to have been paid by Company on the next succeeding Business Day.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Navisite Inc)

General Provisions Regarding Payments. (a) All payments by Company of principal, interest, fees and other Obligations shall be made in Dollars in same day funds, without defense, setoff or counterclaim, free of any restriction or condition, and delivered to Administrative Agent not later than 12:00 5:00 p.m. (New York City time) on the date due at the Principal Office designated by Administrative Agent for the account of Lenders; for purposes of computing interest and fees, funds received by Administrative Agent after that time on such due date shall be deemed to have been paid by Company on the next succeeding Business Day.

Appears in 1 contract

Samples: Credit Agreement (Emc Corp)

General Provisions Regarding Payments. (a) All payments by Company of principal, interest, fees and other Obligations shall be made in Dollars in same day funds, without defense, setoff or counterclaim, free of any restriction or condition, and delivered to Administrative Agent not later than 12:00 p.m. (New York City Chicago time) on the date due at the Administrative Agent's Principal Office designated by Administrative Agent for the account of Lenders; for purposes of computing interest and fees, funds received by Administrative Agent after that time on such due date shall be deemed to have been paid by Company on the next succeeding Business Day.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Payless Shoesource Inc /De/)

General Provisions Regarding Payments. (a) All payments by Company of principal, interest, fees and other Obligations shall be made in Dollars in same day funds, without defense, setoff or counterclaim, free of any restriction or condition, and delivered to Administrative Agent not later than 12:00 p.m. (New York City time) on the date due at the Principal Office designated by to Administrative Agent for the Agent’s account of Lendersset forth on Annex B; for purposes of computing interest and fees, funds received by Administrative Agent after that time on such due date shall be deemed to have been paid by Company on the next succeeding Business Day.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Ipc Acquisition Corp)

General Provisions Regarding Payments. (a) All payments by Company of principal, interest, fees and other Obligations shall be made in Dollars in same day funds, without defense, setoff or counterclaim, free of any restriction or condition, and delivered to Administrative Agent not later than 12:00 2:00 p.m. (New York City time) on the date due at the Principal Office designated by Administrative Agent for the account of Lenders; for purposes of computing interest and fees, funds received by Administrative Agent after that time on such due date shall be deemed to have been paid by Company on the next succeeding Business Day.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (X Rite Inc)

General Provisions Regarding Payments. (a) All payments by Company the Borrower of principal, interest, fees and other Obligations shall be made in Dollars in same day funds, without defense, setoff or counterclaim, free of any restriction or condition, and delivered to the Administrative Agent not later than 12:00 2:00 p.m. (New York City time) on the date due at the Principal Office designated by of the Administrative Agent for the account of the Lenders; for purposes of computing interest and fees, funds received by the Administrative Agent after that time on such due date shall be deemed to have been paid by Company the Borrower on the next succeeding Business Day.

Appears in 1 contract

Samples: Margin Loan Agreement (Sunedison, Inc.)

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General Provisions Regarding Payments. (a) All payments by Company Borrower of principal, interest, fees and other Obligations shall be made in Dollars in same day funds, without defense, setoff set-off or counterclaim, free of any restriction or condition, and delivered to Administrative Agent not later than 12:00 2:00 p.m. (New York City time) on the date due at the Principal Office designated by Administrative Agent for the account of Lenders; for purposes of computing interest and fees, funds received by Administrative Agent after that time on such due date shall shall, at the option of the Administrative Agent, be deemed to have been paid by Company Xxxxxxxx on the next succeeding Business Day.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Sculptor Capital Management, Inc.)

General Provisions Regarding Payments. (a) All payments by Company Borrower of principal, interest, fees and other Obligations shall be made in Dollars in same day funds, without defense, setoff or counterclaim, free of any restriction or condition, and delivered to Administrative Agent not later than 12:00 1:00 p.m. (New York City time) on the date due at the Principal Office designated by Administrative Agent for the account of Lenders; for purposes of computing interest and fees, funds received by Administrative Agent after that time on such due date shall be deemed to have been paid by Company Borrower on the next succeeding Business Day.

Appears in 1 contract

Samples: Letter of Credit Facility Agreement (Education Management Corporation)

General Provisions Regarding Payments. (a) All payments by Company the Borrower of principal, interest, fees and other Obligations shall be made in Dollars in same day funds, without defense, setoff or counterclaim, free of any restriction or condition, and delivered to Administrative Agent not later than 12:00 p.m. (New York City time) on the date due at the Administrative Agent's Principal Office designated by Administrative Agent for the account of Lenders; for purposes of computing interest and fees, funds received by Administrative Agent after that time on such due date shall be deemed to have been paid by Company the Borrower on the next succeeding Business Day.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Equinix Inc)

General Provisions Regarding Payments. (a) All payments by Company Borrower of principal, interest, fees and other Obligations shall be made in Dollars in same day funds, without defense, setoff or counterclaim, free of any restriction or condition, condition and delivered to Administrative Agent not later than 12:00 p.m. noon (New York City time) on the date due at the Principal Office designated by Administrative Agent for the account of Lenders; for purposes of computing interest and fees, funds received by Administrative Agent after that time on such due date shall be deemed to have been paid by Company Borrower on the next succeeding Business Day.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (HealthSpring, Inc.)

General Provisions Regarding Payments. (a) All payments by Company the Borrowers of principal, interest, fees and other Obligations shall be made in Dollars in same day funds, without defense, setoff or counterclaim, free of any restriction or condition, and delivered to the Administrative Agent not later than 12:00 1:00 p.m. (New York City time) on the date due at the Administrative Agent's Principal Office designated by Administrative Agent for the account of the Lenders; for purposes of computing interest and fees, funds received by the Administrative Agent after that time on such due date shall be deemed to have been paid by Company the Borrowers on the next succeeding Business Day.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Nuvox Inc /De/)

General Provisions Regarding Payments. (a) All payments by Company of principal, interest, fees and other Lender Obligations shall be made in Dollars in same day funds, without defensewithout, setoff recoupment, setoff, counterclaim or counterclaim, other defense free of any restriction or condition, and delivered to Administrative Agent not later than 12:00 p.m. (New York City time) on the date due at the Principal Office designated by to Administrative Agent Agent’s Account for the account of Lenders; for purposes of computing interest and fees, funds received by Administrative Agent after that time on such due date shall be deemed to have been paid by Company on the next succeeding Business Day.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Granite Broadcasting Corp)

General Provisions Regarding Payments. (a) All payments by Company of principal, interest, fees and other Obligations shall be made in Dollars in same day funds, without defense, setoff or counterclaim, free of any restriction or condition, and delivered to Administrative Agent not later than 12:00 p.m. (New York City time) on the date due at the Administrative Agent's Principal Office designated by Administrative Agent for the account of Lenders; for purposes of computing interest and fees, funds . Funds received by Administrative Agent after that time on such due date shall be deemed to have been paid by Company on the next succeeding Business Day.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Bill Barrett Corp)

General Provisions Regarding Payments. (a) All payments by Company of principal, interest, fees and other Obligations shall be made in Dollars in same day funds, without defenserecoupment, setoff setoff, counterclaim or counterclaim, other defense free of any restriction or condition, and delivered to Administrative Agent not later than 12:00 p.m. (New York City time) on the date due at the Principal Office designated by to Administrative Agent Agent’s Account for the account of Lenders; for purposes of computing interest and fees, funds received by Administrative Agent after that time on such due date shall be deemed to have been paid by Company on the next succeeding Business Day.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (U S Energy Systems Inc)

General Provisions Regarding Payments. (a) All payments by Company Borrower of principal, interest, fees and other Obligations shall be made in Dollars in same day funds, without defense, setoff set-off or counterclaim, free of any restriction or condition, and delivered to Administrative Agent not later than 12:00 p.m. (New York City time) on the date due at the Administrative Agent's Principal Office designated by Administrative Agent for the account of Lenders; for purposes of computing interest and fees, funds received by Administrative Agent after that time on such due date shall be deemed to have been paid by Company Borrower on the next succeeding Business Day.

Appears in 1 contract

Samples: Credit Agreement (Regal Entertainment Group)

General Provisions Regarding Payments. (a) All payments by Company of principal, interest, fees and other Obligations shall be made in Dollars in same day funds, without defense, setoff or counterclaim, free of any restriction or condition, and delivered to Administrative Agent not later than 12:00 p.m. (New York City time) on the date due at the Administrative Agent's Principal Office designated by Administrative Agent for the account of Lenders; for purposes of computing interest and fees, funds received by Administrative Agent after that time on such due date shall be deemed to have been paid by Company on the next succeeding Business DayDay at Administrative Agent's sole discretion.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Medical Device Manufacturing, Inc.)

General Provisions Regarding Payments. (a) All payments by Company Borrowers of principal, interest, fees and other Obligations shall be made in Dollars in same day funds, without defense, setoff or counterclaim, free of any restriction or condition, and delivered to Administrative Agent not later than 12:00 p.m. Noon (New York City time) on the date due at the Administrative Agent's Principal Office designated by Administrative Agent for the account of Lenders; for purposes of computing interest and fees, funds received by Administrative Agent after that time on such due date shall be deemed to have been paid by Company Borrowers on the next succeeding Business Day.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Convergent Communications Inc /Co)

General Provisions Regarding Payments. (a) All payments by Company Borrower of principal, interest, fees and other Loan Obligations shall be made in Dollars in same day funds, without defense, setoff or counterclaim, free of any restriction or condition, and delivered to Administrative Agent not later than 12:00 p.m. noon (New York City time) on the date due at the Principal Office designated by Administrative Agent for the account of Lenders; for purposes of computing interest and fees, funds received by Administrative Agent after that time on such due date shall be deemed to have been paid by Company Borrower on the next succeeding Business Day.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Aeroflex Inc)

General Provisions Regarding Payments. (a) All payments by Company of principal, interest, fees and other Obligations shall be made in Dollars in same day funds, without defense, setoff or counterclaim, free of any restriction or condition, and delivered to Administrative Agent not later than 12:00 1:00 p.m. (New York City time) on the date due at the Administrative Agent’s Principal Office designated by Administrative Agent for the account of Lenders; for purposes of computing interest and fees, funds received by Administrative Agent after that time on such due date shall be deemed to have been paid by Company on the next succeeding Business Day.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Houghton Mifflin Co)

General Provisions Regarding Payments. (a) All payments by Company a Borrower of principal, interest, fees and other Obligations shall be made in Dollars in same day funds, without defense, setoff or counterclaim, free of any restriction or condition, and delivered to Administrative Agent not later than 12:00 p.m. (New York City time) on the date due at the Administrative Agent's Principal Office designated by Administrative Agent for the account of Lenders; for purposes of computing interest and fees, funds received by Administrative Agent after that time on such due date shall be deemed to have been paid by Company the applicable Borrower on the next succeeding Business Day.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Equinix Inc)

General Provisions Regarding Payments. (a) All payments by the Company of principal, interest, fees and other Obligations shall be made in Dollars in same day funds, without defense, setoff set-off or counterclaim, free of any restriction or condition, and delivered to the Administrative Agent not later than 12:00 p.m. (New York City time) on the date due at the Administrative Agent’s Principal Office designated by Administrative Agent for the account of the Lenders; for purposes of computing interest and fees, funds . Funds received by the Administrative Agent after that time on such due date shall be deemed to have been paid by the Company on the next succeeding Business Day.

Appears in 1 contract

Samples: Senior Credit and Guaranty Agreement (Pogo Producing Co)

General Provisions Regarding Payments. (a) All payments by Company Borrower of principal, interest, fees and other Obligations shall be made in Dollars Dollars, in same day funds, without defense, setoff or counterclaim, free of any restriction or condition, and delivered to Administrative Agent not later than 12:00 p.m. (New York City timeLocal Time) on the date due at the Principal Office designated by Administrative Agent for the account of Lenders; for purposes of computing interest and fees, funds received by Administrative Agent after that time on such due date shall be deemed to have been paid by Company Borrower on the next succeeding Business Day.

Appears in 1 contract

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

General Provisions Regarding Payments. (a) All payments by Company the Borrowers of principal, interest, fees and other Obligations shall be made in Dollars in same day funds, without defensewithout, setoff recoupment, setoff, counterclaim or counterclaim, other defense free of any restriction or condition, and delivered to the Administrative Agent not later than 12:00 p.m. (New York City time) on the date due at to the Principal Office designated by Administrative Agent Agent’s Account for the account of Lenders; for purposes of computing interest and fees, funds received by the Administrative Agent after that time on such due date shall be deemed to have been paid by Company the Borrowers on the next succeeding Business Day.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Castle a M & Co)

General Provisions Regarding Payments. (a) All payments by Company the Borrower of principal, interest, fees and other Obligations shall be made in Dollars then owed in same day funds, without defense, recoupment, setoff or counterclaim, free of any restriction or condition, and delivered to the Administrative Agent not later than 12:00 p.m. 9:00 a.m. (New York City time) on the date due at the Principal Office designated by Administrative Agent for the account of Lenders); for purposes of computing interest and fees, funds received by the Administrative Agent after that time on such due date shall be deemed to have been paid by Company the Borrower on the next succeeding Business Day.

Appears in 1 contract

Samples: Pledge and Security Agreement (Etsy Inc)

General Provisions Regarding Payments. (a) All payments by Company Borrower of principal, interest, fees and other Obligations shall be made in Dollars in same day funds, without defense, setoff or counterclaim, free of any restriction or condition, and delivered to Administrative Agent not later than 12:00 p.m. (New York City time) on the date due at the Administrative Agent's Principal Office designated by Administrative Agent for the account of Lenders; for purposes of computing interest and fees, funds received by Administrative Agent after that time on such due date shall be deemed to have been paid by Company Borrower on the next succeeding Business Day.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Stanadyne Corp)

General Provisions Regarding Payments. (a) All payments by Company Borrowers of principal, interest, fees and other Obligations shall be made in Dollars in same day funds, without defense, setoff or counterclaim, free of any restriction or condition, and delivered to Administrative Agent not later than 12:00 p.m. (New York City time) on the date due at the Administrative Agent’s Principal Office designated by Administrative Agent for the account of Lenders; for purposes of computing interest and fees, funds received by Administrative Agent after that time on such due date shall be deemed to have been paid by Company Borrowers on the next succeeding Business Day.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (1847 Goedeker Inc.)

General Provisions Regarding Payments. (a) All payments by Company Borrower of principal, interest, fees and other Obligations shall be made in Dollars in same day funds, without defense, setoff set-off or counterclaim, free of any restriction or condition, and delivered to Administrative Agent not later than 12:00 p.m. (New York City time) on the date due at the Administrative Agent’s Principal Office designated by Administrative Agent for the account of Lenders; for purposes of computing interest and fees, funds received by Administrative Agent after that time on such due date shall be deemed to have been paid by Company Borrower on the next succeeding Business Day.

Appears in 1 contract

Samples: Credit Agreement (Regal Entertainment Group)

General Provisions Regarding Payments. (a) All payments by the Company of principal, interest, fees and other Obligations shall be made in Dollars in same day funds, without defensewithout, setoff recoupment, setoff, counterclaim or counterclaim, other defense free of any restriction or condition, and delivered to the Senior Administrative Agent not later than 12:00 p.m. Noon (New York City time) on the date due at to the Principal Office designated by Senior Administrative Agent Agent’s Account for the account of Lenders; for purposes of computing interest and fees, funds received by the Senior Administrative Agent after that time on such due date shall be deemed to have been paid by the Company on the next succeeding Business Day.

Appears in 1 contract

Samples: Credit Agreement (Dominion Homes Inc)

General Provisions Regarding Payments. (a) All payments by the Company of principal, interest, fees and other Obligations shall be made in Dollars in same day funds, without defense, setoff or counterclaim, free of any restriction or condition, and delivered to Administrative Agent not later than 12:00 2:00 p.m. (New York City time) on the date due at the Principal Office designated by Administrative Agent for the account of Lenders; for purposes of computing interest and fees, funds received by Administrative Agent after that time on such due date shall be deemed to have been paid by the Company on the next succeeding Business Day.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Day International Group Inc)

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