General Provisions Regarding Payments. (a) All payments by a Borrower of principal, interest, fees, and other Obligations shall be made in Dollars in immediately available funds, without defense, recoupment, setoff, or counterclaim, free of any restriction or condition, and delivered to Administrative Agent, for the account of Lenders, not later than noon (New York time) to Administrative Agent’s Account; funds received by Administrative Agent after that time on such due date shall be deemed to have been paid by a Borrower on the next Business Day.
Appears in 6 contracts
Samples: Abl Credit Agreement (B. Riley Financial, Inc.), Credit Agreement (B. Riley Financial, Inc.), Credit Agreement (Franchise Group, Inc.)
General Provisions Regarding Payments. (a) All payments by a Borrower Company of principalprincipal of the Loans, interest, fees, fees and other Obligations shall be made in Dollars in immediately available same day funds, without defense, recoupment, setoff, setoff or counterclaim, free of any restriction or condition, and delivered to Administrative Agent, Agent not later than 1:00 p.m. (New York City time) on the date due at the Principal Office for the account of Lenders, not later than noon (New York time) to Administrative Agent’s Account; funds received by Administrative Agent after that time on such due date shall be deemed to have been paid by a Borrower on the next Business Day.
Appears in 4 contracts
Samples: Loan and Guaranty Agreement (Reliant Pharmaceuticals, Inc.), Loan and Guaranty Agreement (Reliant Pharmaceuticals, Inc.), Loan and Guaranty Agreement (Reliant Pharmaceuticals, Inc.)
General Provisions Regarding Payments. (a) All payments by a Borrower of principal, interest, fees, fees and other Obligations shall be made in Dollars in immediately available funds, without reduction, defense, recoupment, setoff, setoff or counterclaim, free of any restriction or condition, and and, except as otherwise required herein, delivered to Administrative Agent, Agent not later than 12:00 p.m. (New York City time) on the date due at the Principal Office of Administrative Agent for the account of Lenders, not later than noon (New York time) to Administrative Agent’s Account; funds received by Administrative Agent after that time on such due date shall be deemed to have been paid by a Borrower on the next Business Day.
Appears in 3 contracts
Samples: Revolving Credit Agreement (Cheniere Energy, Inc.), Revolving Credit Agreement (Cheniere Energy Inc), Revolving Credit Agreement (Cheniere Energy Inc)
General Provisions Regarding Payments. (a) All payments by a the Borrower of principal, interest, fees, fees and other Obligations shall be made in Dollars in immediately available same day funds, without defense, recoupment, setoff, setoff or counterclaim, free of any restriction or condition, and delivered to the Administrative Agent, Agent not later than 1:00 p.m. (New York City time) on the date due at the Principal Office of the Administrative Agent for the account of Lenders, not later than noon (New York time) to Administrative Agent’s Account; funds received by Administrative Agent after that time on such due date shall be deemed to have been paid by a Borrower on the next Business DayXxxxxxx.
Appears in 3 contracts
Samples: Credit Agreement (New Fortress Energy Inc.), Credit Agreement (Fortress Transportation & Infrastructure Investors LLC), Credit Agreement (New Fortress Energy Inc.)
General Provisions Regarding Payments. (a) All payments by a Borrower of principal, interest, fees, fees and other Obligations shall be made in Dollars in immediately available funds, without defense, recoupment, setoff, setoff or counterclaim, free of any restriction or condition, and delivered to Administrative Agent, for the account of Lenders, not later than noon (New York time) 10:00 a.m. on the date such payment is due and payable to Administrative Agent’s Account; funds . Funds received by Administrative Agent after that time on such due date shall may be deemed to have been paid by a Borrower on the next Business Day.
Appears in 2 contracts
Samples: Financing Agreement (BridgeBio Pharma, Inc.), Financing Agreement (BridgeBio Pharma, Inc.)
General Provisions Regarding Payments. (a) All payments by a the Borrower of principal, interest, fees, fees and other Obligations shall be made in Dollars in immediately available same day funds, without defense, recoupment, setoff, setoff or counterclaim, free of any restriction or condition, and delivered to the Administrative Agent, Agent not later than 1:00 p.m. (New York City time) on the date due at the Principal Office of the Administrative Agent for the account of Lenders, not later than noon (New York time) to Administrative Agent’s Account; funds received by Administrative Agent after that time on such due date shall be deemed to have been paid by a Borrower on the next Business Day.
Appears in 2 contracts
Samples: Credit Agreement (New Fortress Energy Inc.), Credit Agreement (Fortress Transportation & Infrastructure Investors LLC)
General Provisions Regarding Payments. (a) All payments by a Borrower Company of principal, interest, fees, fees and other Obligations shall be made in Dollars in immediately available funds, without defense, recoupment, setoff, setoff or counterclaim, free of any restriction or condition, and delivered to Administrative Agent, for the account of Lenders, not later than noon (New York time) 3:00 p.m. to Administrative Agent’s 's Account; funds received by Administrative Agent after that time on such due date shall be deemed to have been paid by a Borrower Company on the next Business DayDay unless otherwise consented to by Administrative Agent.
Appears in 2 contracts
Samples: Financing Agreement (TherapeuticsMD, Inc.), Financing Agreement (TherapeuticsMD, Inc.)
General Provisions Regarding Payments. (a) All payments by a the Borrower of principal, interest, fees, fees and other Obligations shall be made in Dollars in immediately available same day funds, without defense, recoupment, setoff, setoff or counterclaim, free of any restriction or condition, and delivered to the Administrative Agent, Agent not later than 3:00 p.m. (New York City time) on the date due at the Principal Office of the Administrative Agent for the account of Lenders, not later than noon (New York time) to Administrative Agent’s Account; funds received by Administrative Agent after that time on such due date shall be deemed to have been paid by a Borrower on the next Business Day.
Appears in 2 contracts
Samples: Credit Agreement (Fortress Transportation & Infrastructure Investors LLC), Credit Agreement (Fortress Transportation & Infrastructure Investors LLC)
General Provisions Regarding Payments. (a) All payments by a the Borrower of principal, interest, fees, fees and other Obligations shall be made in Dollars in immediately available funds, without defense, recoupment, setoff, set-off or counterclaim, free of any restriction or condition, and delivered to Administrative Agentthe Facility Agent (or the Initial Mandated Lead Arrangers, for the account of Lenders, if applicable) not later than noon 11:00 a.m. (New York time) (or such other customary time specified by the Facility Agent to Administrative Agent’s Account; funds received the Borrower from time to time by Administrative Agent after that time prior written notice) on such the due date shall be deemed to have been paid by a Borrower on at the next Business DayPrincipal Office.
Appears in 2 contracts
Samples: Credit Agreement, Credit Agreement (Home Inns & Hotels Management Inc.)
General Provisions Regarding Payments. (a) All payments by a Borrower Company of principal, interest, fees, fees and other Obligations shall be made in Dollars in immediately available funds, without defense, recoupment, setoff, setoff or counterclaim, free of any restriction or condition, and delivered to Administrative Agent, for the account of Lenders, not later than noon 12:00 p.m. (New York City time) on the date such payment is due and payable to Administrative Agent’s Account; funds . Funds received by Administrative Agent after that time on such due date shall be deemed to have been paid by a Borrower Company on the next Business Day.
Appears in 1 contract
Samples: Financing Agreement (Apellis Pharmaceuticals, Inc.)
General Provisions Regarding Payments. (a) All payments by a Borrower Borrowers of principal, interest, fees, fees and other Obligations shall be made in Dollars in immediately available funds, without defense, recoupment, setoff, setoff or counterclaim, free of any restriction or condition, and delivered to Administrative Service Agent, for the account of Lenders, not later than noon 12:00 p.m. (New York City time) to Administrative Service Agent’s Account; Account funds received by Administrative Service Agent after that time on such due date shall be deemed to have been paid by a Borrower Borrowers on the next Business Day.
Appears in 1 contract
Samples: Financing Agreement (Metalico Inc)
General Provisions Regarding Payments. (a) All payments by a Borrower Company of principal, interest, fees, fees and other Obligations shall be made in Dollars in immediately available funds, without defense, recoupment, setoff, setoff or counterclaim, free of any restriction or condition, and delivered to Administrative Agent, for the account of Lenders, paid not later than noon 2:00 p.m. (New York City time) to Administrative Agent’s Account; funds on the date due via wire transfer of immediately available funds. Funds received by Administrative Agent after that time on such due date shall be deemed to have been paid by a Borrower Company on the next Business Day.
Appears in 1 contract
General Provisions Regarding Payments. (a) All payments by a Borrower Company of principal, interest, fees, fees and other Obligations shall be made in Dollars in immediately available funds, without defense, recoupment, setoff, setoff or counterclaim, free of any restriction or condition, and delivered to Administrative Agent, for the account of Lenders, not later than noon 2:00 p.m. (New York City time) to Administrative Agent’s Account; funds received by Administrative Agent after that time on such due date shall may (in the Administrative Agent’s sole discretion) be deemed to have been paid by a Borrower Company on the next Business Day.
Appears in 1 contract
Samples: Financing Agreement (Model N, Inc.)
General Provisions Regarding Payments. (a31) All payments by a Borrower Borrowers of principal, interest, fees, fees and other Obligations shall be made in Dollars in immediately available funds, without defense, recoupment, setoff, setoff or counterclaim, free of any restriction or condition, and delivered to Administrative Agent, for the account of Lenders, not later than noon (New York time) 10:00 a.m. on the date such payment is due and payable to Administrative Agent’s Account; funds . Funds received by Administrative Agent after that time on such due date shall may be deemed to have been paid by a Borrower Borrowers on the next Business Day.
Appears in 1 contract
Samples: Financing Agreement (Biohaven Pharmaceutical Holding Co Ltd.)
General Provisions Regarding Payments. (a) All payments by a Borrower of principal, interest, fees, and other Obligations shall be made in Dollars in immediately available funds, without defense, recoupment, setoff, or counterclaim, free of any restriction or condition, and delivered to Administrative Agent, for the account of Lenders, not later than noon (New York time) to Administrative Agent’s Account; funds received by Administrative Agent after that time on such due date shall may, at Administrative Agent’s sole discretion, be deemed to have been paid by a Borrower on the next Business Day.
Appears in 1 contract
General Provisions Regarding Payments. (a) All payments by a Borrower Borrowers of principal, interest, fees, fees and other Obligations shall be made in Dollars in immediately available funds, without defense, recoupment, setoff, setoff or counterclaim, free of any restriction or condition, and delivered to Administrative Agent, for the account of Lenders, not later than noon 12:00 p.m. (New York City time) to Administrative Agent’s Account; funds received by Administrative Agent after that time on such due date shall may, in Administrative Agent’s discretion, be deemed to have been paid by a Borrower Borrowers on the next Business Day.
Appears in 1 contract
Samples: Loan and Security Agreement (EVO Transportation & Energy Services, Inc.)
General Provisions Regarding Payments. (a) All payments by a Borrower Borrowers of principal, interest, fees, fees and other Obligations shall be made in Dollars in immediately available funds, without defense, recoupment, setoff, setoff or counterclaim, free of any restriction or condition, and delivered to Administrative Agent, for the account of Lenders, not later than noon (New York time) 10:00 a.m. on the date such payment is due and payable to Administrative Agent’s Account; funds . Funds received by Administrative Agent after that time on such due date shall may be deemed to have been paid by a Borrower Borrowers on the next Business Day.
Appears in 1 contract
Samples: Financing Agreement (Biohaven Pharmaceutical Holding Co Ltd.)