Lender Payments. Except as provided in Section 12.12, each Lender shall be entitled to receive its Pro Rata Share of each payment received by the Administrative Agent hereunder for the account of the Lenders on the Obligations. Each payment received by the Administrative Agent hereunder for the account of a Lender shall be promptly distributed by the Administrative Agent to such Lender. The Administrative Agent and each Lender hereby agree that payments to the Administrative Agent by the Borrowers of principal of, and interest on, the Obligations by the Borrowers to or for the account of the Lenders in accordance with the terms of this Credit Agreement, the Notes and the other Loan Documents shall constitute satisfaction of the Borrowers’ obligations with respect to any such payments, and the Administrative Agent shall indemnify, and each Lender shall hold harmless, the Borrowers from any claims asserted by any Lender in connection with the Administrative Agent’s duty to distribute and apportion such payments to the Lenders in accordance with this Section 3.4.
Lender Payments. If any Lender shall fail to make any payment required to be made by it pursuant to Section 2.10(b)(i) or 10.04(c), then the Administrative Agent may, in its discretion and notwithstanding any contrary provision hereof, apply any amounts thereafter received by the Administrative Agent for the account of such Lender to satisfy such Lender’s obligations under such Sections until all such unsatisfied obligations are fully paid.
Lender Payments. 108 13. MISCELLANEOUS........................................................................................................109 SECTION 13.1 Notices.....................................................................................109 SECTION 13.2 Survival of Agreement, Representations and Warranties, etc..................................110 SECTION 13.3 Successors and Assigns; Syndications; Loan Sales; Participations............................110 SECTION 13.4 Expenses; Documentary Taxes.................................................................113 SECTION 13.5 Indemnity...................................................................................114 SECTION 13.6 CHOICE OF LAW...............................................................................115
Lender Payments. Each Lender shall be entitled to receive its Pro Rata Share of each payment received by the Administrative Agent hereunder for the account of the Lenders on the Obligations. Each payment received by the Administrative Agent hereunder for the account of a Lender shall be promptly distributed by the Administrative Agent to such Lender. The Administrative Agent and each Lender hereby agree that payments to the Administrative Agent by the Borrowers of principal of, and interest on, the Obligations by the Borrowers to or for the account of the Lenders in accordance with the terms of this Credit Agreement, the Notes and the other Loan Documents shall constitute satisfaction of the Borrowers’ obligations with respect to any such payments, and the Administrative Agent shall indemnify, and each Lender shall hold harmless, the Borrowers from any claims asserted by any Lender in connection with the Administrative Agent’s duty to distribute and apportion such payments to the Lenders in accordance with this Section 3.4. With respect to any payment that the Administrative Agent makes for the account of the Lenders or the Letter of Credit Issuer hereunder, if the Administrative Agent determines (which determination shall be conclusive, absent manifest error) that any of the following applies (such payment referred to as the “Rescindable Amount”): (i) the Borrowers have not in fact made such payment; (ii) the Administrative Agent has made a payment in excess of the amount so paid by the Borrowers (whether or not then owed); or (iii) the Administrative Agent has for any reason otherwise erroneously made such payment; then each of the Lenders or the Letter of Credit Issuer, as the case may be, severally agrees to repay to the Administrative Agent forthwith on demand the Rescindable Amount so distributed to such Lender or the Letter of Credit Issuer, as applicable, in immediately available funds, with interest thereon for each day from the date such amount is distributed to it to the date of repayment by it to the Administrative Agent, at the greater of the Federal Funds Rate and a rate determined by the Administrative Agent in accordance with banking industry rules on interbank compensation.
Lender Payments. The Lenders shall have stated the amount of the obligations due Lenders from the Company and the Company shall have acknowledged such amounts. At the Closing, cash proceeds shall be distributed first to Aztore in the amount of the secured obligations owed by the Company to Aztore, next to the Junior Secured Lenders in the amount of the secured obligations owed to the Junior Secured Lenders and the balance to the Company. The Lenders and the Company shall deliver an instrument in form acceptable to Aero releasing any security interest in or claim to the Acquired Assets. Aztore shall take as partial payment in lieu of cash the Aero Shares which shall be valued at the amount set forth in Section 7.2.
Lender Payments. (a) Except as otherwise provided herein, all payments by any Lender hereunder shall be made to the Administrative Agent at the office of Wachovia Bank, National Association, 201 South College Street, Charlotte, NC 28288, Attention: Syndication Xxxxxx Xxxxxxxx (xxxxxx xxxxxxxxxxx: XXX-000000219, Acct. No.: 5000000030499, Account Name: Genesis HealthCare Xxxxxxxxion, Ref: Genxxxx XxxxxxXxre Corporation) not later than 1:00 p.m. (Eastern time). All payments received after such time shall be deemed received on the next succeeding Business Day. All payments shall be made in immediately available funds in lawful money of the United States of America.
(b) If any Agent, the Issuing Bank, any Lender or any other Secured Party is required at any time to return to the Borrower, or to a trustee, receiver, liquidator, custodian, or any official under any proceeding under any Debtor Relief Law, any portion of a payment made by the Borrower, each such Secured Party shall, on demand of the Administrative Agent, return its share of the amount to be returned which is received by the applicable Secured Party, plus interest thereon from the date of such demand to the date such payment is made at a rate per annum equal to the Federal Funds Rate.
Lender Payments. (a) Except as otherwise provided herein, all payments by any Lender hereunder shall be made to the Administrative Agent at the office of Bank of America, N.A., 000 Xxxxx Xxxxx, Charlotte, NC 28255, NC1-001-15-04; Attention: Credit Services (wiring information: ABA053000196; Acct. No. 1366212250600, Account Name: Credit Services; Ref: Ventas Realty, Limited Partnership) not later than 1:00 p.m., Charlotte, North Carolina time. All payments received after such time shall be deemed received on the next succeeding Business Day. All payments shall be made in Dollars and in immediately available funds.
Lender Payments. If any Borrower fails to pay any amount when due or furnish any required proof of payment to third persons as required under the Loan Documents, Lender may make all or part of the payment or obtain insurance policies required in Section 6.6 and take any action under the policies Lender deems prudent. Any amounts paid by Lender in connection with the foregoing shall be collectively referred to as “Lender Payments”. No Lender Payments are deemed an agreement to make similar payments in the future or Lender’s waiver of any Event of Default.
Lender Payments. (a) Except as otherwise provided herein, all payments by any Lender hereunder shall be made to the Administrative Agent at the office of Bank of America, N.A., Attention: Credit Services (wiring information: Bank of America, N.A., Dallas, Texas, ABA No. 111000012; Acct. No. 1292000883, Account Name: Corporate Credit Servxxxx; Xxx: Williams Communications LLC) not later than 1:00 p.m., Central time. Xxx xxxments received after such time shall be deemed received on the next succeeding Business Day. All payments shall be made in immediately available funds in lawful money of the United States of America.
(b) If the Administrative Agent, any Issuing Bank, any Lender or any other Secured Party is required at any time to return to the Borrower, or to a trustee, receiver, liquidator, custodian, or any official under any proceeding under any Debtor Relief Law, any portion of a payment made by the Borrower, each Lender or other Secured Party agrees that it shall, on demand of the Administrative Agent, return its share of the amount to be returned which was received by the applicable Lender or other Secured Party, plus interest thereon from 117 the date of such demand to the date such payment is made at a rate per annum equal to the Federal Funds Rate.
Lender Payments. (a) Except as otherwise provided herein, all payments by any Lender hereunder shall be made to the Administrative Agent at the office of Wachovia Bank, National Bank, 201 South College Street, Charlotte, NC 28288, Attention: Syndicatixx Xxxxxx Xxxxxxxx (xxxxxx xxxxxxxxxxx: XXX # 053 000 219, Acct. No.: 5000000031359, Account Name: Guilford Mills, Inc. Clearing Account, Ref: Guilford Mills, Inc.) nxx xxxxx xxxx 1:00 p.m. (Eastern time). All xxxxxxxx xxxxxved after such time shall be deemed received on the next succeeding Business Day. All payments shall be made in immediately available funds in lawful money of the United States of America.
(b) If any Agent, the Issuing Bank, any Lender or any other Secured Party is required at any time to return to the Borrower, or to a trustee, receiver, liquidator, custodian, or any official under any proceeding under any Debtor Relief Law, any portion of a payment made by the Borrower, each such Secured Party shall, on demand of the Collateral Agent, return its share of the amount to be returned which is received by the applicable Secured Party, plus interest thereon from the date of such demand to the date such payment is made at a rate per annum equal to the Federal Funds Rate.
